The URL can be used to link to this page

Home My WebLink About1992-2000 Town Records Book 24 1 1992 ANNUAL TOWN MEETING MARCH 23 , 1392 The meeting was called to order by Moderator Margery M . Battin , at 8 : 00 p .u , , in Cary Memorial Hall . A quorum was present . 8 : 00 p . m . The invocation was offered by Reverend Polly Guild , Follen Unitarian/Universalist Church. 8 : 04 p .m . Town Clerk , Bernice Fallick, read the Town Warrant , until waived , and the Constable ' s Return . The Moderator outlined procedures and conduct of the Meeting . ARTICLE 2 . REPORTS OF COMMITTEES The Moderator explained that this article would remain open throughout the Meeting . 8 : 14 p. m. Jane Pagett , Chairman of the Appropriation Committee , moved that the report of the Appropriation Committee be accepted and placed on file . Following a voice vote at 8 : 14 p . m. , the Moderator declared the report to have been accepted and. placed on file . Mrs . Pagett commented on the report , 8 : 15 p. m. Paul Hamburger , Chairman of the Capital Expenditures Committee , moved that the report of the Capital Expenditures Committee be accepted and placed on file . Following a voice % ote at 1 ' . in . , the Moderator declared the report to have been accepted and placed on file . Mr . Hamburger reported fLr her . 8 : 21 p . m. Carolyn Wilson , P2 , moved that the report of the Cary Lecture Committee be accepted and placed on file and the Committee discharged , Following a voice vote at 8 : 21 p.m . , the Moderator declared passage of the motion. The Moderator recognized Raymond Culler who presented the report for the Committee . 8 : 25 p. m. Jacquelyn Smith , Chairman of the Board of Selectmen, moved that the report of the Town Manager be accepted and placed on file . Following a voice vote at 8 : 25 p . m. , the Moderator declared the report to have been accepted and placed on file Richard White , Town Manager , presented his report . , 8 : 33 p . m . Sheldon Spector , Chaitman of the School Committee , stated that the Comm, ttee had not yet voted on the particular budget to pro\ :ide to the Meeting . ARTICLE 3 . APPOINTMENTS TO CRY LECTURE SERIES MOTION : That a committee o1 three be appointed by the Moderator to have the charge of the lectures Passed - under the wills of Eliza rar Farnham and Suzanna see below E . Cary for the current year . 8 : 35 p . m . Presented by Selectman Smith , Following a voice vote at 8 : 35 p . m. , the Moderator declared unanimous passage . 2 (1992 ANNUAL TOWN MEETING, CONT. - MARCH 23, 1992) I 8 : 36 p.m. Selectman Smith moved postponement until April 29 of the following Articles ' 4 , 5 , 9 , 10 , 14 , 17 , 18 , 23 , 24 , 32 . Following some discussion and a voice vote at 8 : 38 p.m. , the Moderator declared passage of the motion as offered by Mrs , Smith . ARTICLE 6 . SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR ( FY 9' ; MOTION : That this article be indefinitely postponed . Indef. Post. 8 : 39 p. m. Presented by Selectman McSweeney. 8 : 39 p.m. Jane Pagett , Appropriation Committee , recommended favorable action. Following a voice vote at 8 : 40 p .m. , the Moderator declared unanimous passage . • ARTICLE 7 . PRIOR YEARS ' UNPAID BILLS MOTION • That this article be indefinitely postponed . 1 Indef. Post. 8 : 40 p .m. Presented by Selectman McSweeney. 8 : 40 p. m. Jane Pagett , Appropriation Committee , recommended favorable action . Following a voice vote at 8 . 41 p . m. , the Moderator declared unanimous passage . ARTICLE 8 . SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED CAPITAL IMPROVEMENT PROJECTS MOTION : / That this article be indefinitely postponed . Indef. Post. 8 : 41 p. m. Presented by Selectman Dailey, 8 : 41 p. m. Jane Pagett , Ar ?ropriation Committee , recommended favorable action. Following a voice vote at 8 : 41 p. m. , the Moderator declared unanimous passage . ARTICLE 11 . WATER MAINS MOTION : That the Selectmen be and they hereby are authorized to install new or replacement water • mains and line and reline water mains in such Passed - accepted or unaccepted streets or other land as the See P. 3 Selectmen may determine , su ) ect 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 ; to appropriate $250 , 000 for such installation and lining and land acquisition ; and to raise such amount $250 , 000 be transferred from the Water Enterprise Fund . 8 : 41 p .m. Presented by Selectman Smith. Mrs . Smith commented further . 8 : 45 p.m. Ronald Levy stated that a majority of the Appropriation Committee recommended approval . 8 : 46 p. m . Ronald Grammont , Capital Expenditures Committee , stated approval . 3 • ( 1992 ANNUAL TOWN MEETING , CONT . - MARCH 23 . 1992 ) Following a voice vote at 8 : 48 p , m. , the Moderator declared passage . ARTICLE 12 . PUBLIC WORKS EQUIPMENT MOTION : That the sum of $60 , 000 be appropriated Passed - for the purchase by or with the approval of the See below Selectmen of equipment for the Department of Public Works , and to raise such amount $35 , 000 be transferred from the Water Enterprise Fund and $25 , 000 be transferred from the Sewer Enterprise Fund . 8 : 48 p.m. Presented by Selectman Smith. Mrs . Smith described the equipment . 8 : 52 p .m. Ronald Levy stated that a majority of the Appropriation Committee recommended approval , 8 : 52 p. m. Ronald Grammont , Capital Expenditures Committee , stated approval . There were questions as to whethe ' deferral would be cost effective , as to the retained earnings deficit in the Sewer Enterprise Fund and surplus in the Water Fund . Following a voice vote at 9 : 00 p . m. , the Moderator declared passage . n9 : 00 p.m. George Burnell served Notice of Reconsideration on Article 11 , Water Mains , and Article 12 , Public Works Equipment . • • ARTICLE 13 . STREET IMPROVEMENTS MOTION : That the Treasurer with the approval of the Selectmen be authorized to issue Highway Reimbursement Notes of the mown under G . L . c . 44 , Passed - sec . 6 , as amended , in anticipation of See below reimbursement by the Commonwealth for highway reconstruction and improvements under the authority of Chapter. 90 of the General Laws as funded, and that notes issued for a shorter period than two years may be refunded by Lige issue of new notes maturing within two years from the date of the original obligation , and that the Selectmen are authorized to accept highway funds from all sources including the $445 , 801 allocated under Chapter 33 of the Acts of 1991 which are hereby appropriated for highway purposes . 9 : 04 p.m. Presented by Selectman Eddison. o , 9 : 04 p.m. Ronald Levy stated that the Appropriation Committee recommended approval with reluctance . 9 : 06 p.m. Ronald Grammont , Capital Expenditures Committee , stated approval , Following a voice vote at 9 : 03 p . m. , the Moderator declared unanimous passage . 4 ( 1992 ANNUAL TOWN MEETING, CONT . - MARCH 23 , 1992 ) ARTICLE 15 , UNDERGROUND TANK TESTING MOTION : That this article be indefinitely postponed . Indef. Post. 9 : 08 p .m. Presented by Selectman Eddison . 9 : 10 p . m . Jane Pagett , Appropriation Committee , recommended favorable action . Following a voice vote at 9 : 10 p .m. , the Moderator declared unanimous passage , ARTICLE 16 . PINE MEADOWS GOLF COURSE IRRIGATION SYSTEM MOTION : That the sum of $75 , 000 be appropriated Postponed to install an automated sprinkler watering system See P. 8 at Pine Meadows Golf Course as determined by the Recreation Committee with the approval of the Board of Selectmen , and to raise such amount $75 , 000 be transferred from the Recreation Enterprise Fund . 9 : 10 p . m. Carolyn Wilson, Recreation Committee , moved postponement of Articles 16 and 19 until March 25 . Following a voice vote at 9 . 11 p . m . , the Moderator declared unanimous passage of ti-1 motion to postpone . ARTICLE 20 . ZONING BY-LAW, PET GROOMING 9 : 12 p . m. Martha Wood , Planning Board , moved that the report of the Planning Board on l%rticle 20 be accepted and placed on file . Following a voice vote at 9 : 12 p .m. , the Moderator declared the report to have been accepted and placed on file . 9 : 12 p. m. Mrs . Wood moved that the Zoning By-Laws of the Town be amended as set forth in tie motion attached to the report of the Planning Board on this article . Postponed MO TION See P. 9 That the Zoning By-Law be amended : in Section 4 . 2 , Permitted Uses and Development Standards , Table 1 , Part B Commercial Uses , Sub Section 7 . PERSONAL , BUSINESS SERVICES , by adding a nes. line 7 . 27 , as follows • "7 . 27 Pet grooming ser\ ice provided that it shall be conducted entirely within the principal building and no pets shall be boarded overnight ; where conducted as accessory to a kennel ( line 7 . 26 ) , those restrictions shall not apply . " ; by inserting. the designation "Y" under the columns headed CRS , CS and CB and by inserting the designation "N" under all other columns ; and in Section 4 . 2 , Permitted Uses and Development Standards , Table 1 , Part B Commercial Uses , Sub Section 16 . ACCESSORY USES FOR COMMERCIAL USES , by deleting line 16 . 13 in its entirety. Discussion followed concerning reluctance to vote on articles which came to the floor with no prior information and which the Meeting was seeing for the first ti-me in the current form. 1 5 ( 1992 ANNUAL TOWN MEETING, CONT . - MARCH 23 , 1992 ) 1 9 : 15 p.m. Iris Wheaton , P7 , moved to postpone Article 20 until March 25 . Following a voice vote at 9 : 15 p . m . , the Moderator declared postponement . 9 : 15 p. m. Margaret Rawls , P4 , moved that Article 21 be postponed until March 25 after Article 20 , Following a voice vote at 9 : 15 p . m. , the Moderator declared postponement . 9 : 20 p.m. Robert Domnitz , Planning Board, moved that Article 22 be postponed until after Article 23 . Following a voice vote at 9 : 20 p , m. , the Moderator declared postponement . ARTICLE 25 . AMEND GENERAL BY-LAWS/WETLANDS PROTECTION MOTION . That Section 7 . 3 of Article XXXII of the General By-Laws be amended as set forth in the article . To see Lf the Town will vote to amend Section 7 . 3 of Article XXXII of the General By-Laws by deleting the second sentence and substituting therefor the following : "The boundary of these wetlands is either the line within which fifty ( 50 ) percent or more of Passed the vegetation community consists of wetland plant See below species identified in Massachusetts General Laws Chapter 131 , Section 40 or the line within which the soil conditions meet the / echnical criterion of a hydric soil as developed and revised by the National Technical Committee for Hydric Soils , whichever line or segment of line protects more wetlands in situations where two lines exist . " 9 : 20 p . m. Presented by Joyce Miller, Conservation Commission . Following a voice vote at 9 : 22 p . m. , the Moderator declared passage . ARTICLE 26 . AMEND GENERAL BY-LAWS/EARTH FILL & REMOVAL MOTION : That Article XXX of the General By-Laws be amended as set forth in the article . To see if the Town will vote to amend Article XXX of the General By-Laws by renumbering Section 11 to Section 12 and by inserting the following new Section 11 : " 11 . This by-law shall be enforced by the Building 1 Commissioner . The Board of Appeals shall forward Passed - a copy of any permit. granted ,Inder this by-law to See below the Building Commissioner ..nd the Conservation Commission shall forward a. copy of any Order of Conditions authorizing or requiring removal or placement of fill on land to the Building Commissioner . " 9 : 22 p . m . Presented by Joyce Miller , Conservation Commission . Following a voice vote at 9 : 23 p . m. , the Moderator declared unanimous passage . 6 . ( 1992 ANNUAL TOWN MEETING , CONT . - MARCH 23 , 1992 ) 9 : 23 p .m. Notice of Reconsideration on Article 25 was served by Arthur Smith , P2 . ARTICLE 27 . ZONING BY-LAW/REZONING TO RD —N MOTION : That this, article be indefinitely Indef. Post. postponed . 9 : 23 p . m . Presented by David Williams , Planning Board . Following a voice vote at 9 : 23 p . m . , the Moderator declared unanimous passage . ARTICLE 28 . ACCEPTANCE OF MGL , CHAPTER 40 ; 8G MOTION : That the Town accept Section 8G of Chapter , Passed - 40 of the Massachusetts General Laws . See below 9 : 26 p .m, Presented by Selectman Dailey . Following a voice vote at 9 : 26 p . m. , the Moderator declared passage . ARTICLE 2,9 . AMEND FAIR HOUSING RESOLUTION MOTION : That the Fair Housin Resolution originally Passed - adopted March 23 , 1981 be amended to extend its See below application to persons with disabilities , 9 : 26 p . m . Presented by Selectman Marshall , Following a voice vote at 9 : 29 p . m . , the Moderator declared passage . ARTICLE 30 . LEXINGTON EDUCATION FOUNDATION MOTION : That the Selectmen be and they hereby are authorized to petition the General Court for an Act Did, not to permit the Lexington Education Foundation to pass solicit funds by enclosing inserts in the mailings of town property tax bills or by providing a voluntary checkoff for contributions . 9 : 29 p . m , Presented by Selectman Marshall . Dan Fenn , Jr . , P3 , presented the history of the LEF and commented on the viewpoint that )1 ograms were not meant to backfill holes in the School budget but to encourage innovation . There were comments for and against with concerns voiced as to the appropriateness of endorsing a particular group, the possible exclusion of others , the technical aspects of collection and distribution , concern about privatization . Selectman Marshall stated that a majority of the Selectmen supported the motion . 9 : 57 p . m, Daniel Greenwood , 136 , called the question. Following a voice vote , the Moderator stated that the ayes had the vote . Following a voice \ ote at 9 : 58 p . m. , the Moderator declaredthe motion offered 17) Selectman Marshall had not passed . 7 ( 1992 ANNUAL TOWN MEETING, CONT . - MARCH 23 , 1992 ) ARTICLE 31 . NORTH EAST SOLID WASTE COMMITTEE MOTION : That the Selectmen are authorized to take j such action as may be requested by the North East Solid Waste Committee to facilitate the refunding of bonds issued to finance the solid waste resource Passed - recovery facility referred to in the Service See below Agreement between the Town and Massachusetts Refusetech, Inc . including without limitation the substitution of Wheelabrator Technologies Inc . for Allied-Signal Inc . as the guarantor of performance under the Service Agreement and the execution and delivery of such amendments to the Service Agreement and other agreements with the North East Solid Waste Committee as the Selectmen shall determine necessary and in the best interests of the Town to effect such refunding . 9 : 59 p. m. Presented by Selectman Smith . 10 . 00 p. m . Jane Pagett , Appropriation Committee , recommended favorable action. Following a voice vote at 10 : 00 p . m. , the Moderator declared unanimous passage . 10 : 00 p. m . Iris Wheaton , P7 , served Notice of Reconsideration on Article 30 , Lexington Education +^; Foundation. 10 : 02 p.m . Jacquelyn Smith , Cr.airman of the Board of Selectmen , moved that the meeting be adjourned until Wednesday, March 25 , 1992 , at 8 : 00 p. m. , in Cary Hall . Iris Wheaton, P7 , stated that because of the banner and sign which had been displayed in the balcony during the evening some rules and resolutions should be determined . The Moderator stated that no similar materials would be allowed during any further meetings . 10 : 03 p.m. Ronald Colwell , P4 , moved that the meeting be adjourned to April 29 . Following a voice vote at 10 : 03 p. m . , the Moderator declared Mr . ;clwell ' s motion not to hay e passed . Following a voice vote at 10 . 00 p . m. , the Moderator declared the meeting to be adjourned to March 25 . A true copy. Attest : Bernice H . Fallick , Town Clerk 8 ADJOURNED SESSION - 1992 ANNUAL TOWN MEETING MARCH 25 , 1992 The meeting was called to order by Moderator Margery M . Battin, at 8 : 00 p . m. , in Cary Memorial Hall . A quorum was present . 8 : 00 p .m. The invocation was offered by Reverend Alfred Mattes . ARTICLE 2 . REPORTS OF COMMITTEES 8 : 06 p .m . Joyce Miller , Conservation Commission, announced the establishment of a new charitable trust fund , the Lexington Nature Trust Fund , to be used for open space management , public education and community outreach programs . 8 : 08 p. m . Sheldon Spector , School Committee , stated that teacher contract discussions were continuing . 8 : 11 p. m. Donald Chisholm, Recreation Committee , presented a review of the Recreation Enterprise Fund . ARTICLE 16 , PINE MEADOWS GOLF COURSE IRRIGATION SYSTEM MOTION : That the sum of $75 , 000 be appropriated Passed - to install an automated sprinkler watering system See below at Pine Meadows Golf Course as determined by the Recreation Committee with +)ie approval of the Board of Selectmen , and to raise such. amount $75 , 000 be transferred from the Recreation Enterprise Fund, 8 : 23 p.m. Presented by Carolyn Wilson, P2 , Recreation Committee , who asked the Moderator to recognize Donald Chisholm for a report . 8 : 32 p . m. Sam Nablo , Appropriation Committee , stated that a majority of the committee recommended favorable action. 8 : 33 p.m. Nicholas Cannalonga , Capital Expenditures Committee , stated unanimous approval . 8 : 34 p. m. Leo McSweeney, Board of Selectmen, stated unanimous approval . Discussion continued with questions as to enterprise fund operations , system maintenance procedures , future plans . Following a voice vote at 8 : 50 p.m. , the Moderator declared passage . ARTICLE 19 . HARRINGTON FIELD REHABILITATION MOTION : That the sum of $50 , 000 be appropriated Passed - to reconstruct and rehabilitate a. multi-purpose See P. 9 recreation field at Harrin .,on School as determined by the Recreation Committee with the approval of the Board of Selectmen , and to raise such amount $50 , 000 be transferred from the Recreation Enterprise Fund. 8 : 51 p . m . Presented by Carolyn Wilson, P2 , Recreation Committee . 8 : 55 p .m . Notice of Reconsideration on Article 16 , Pine Meadows Irrigation, was served by George Burnell . 9 (ADJOURNED SESSION , A . T .M . , CONT . - MARCH 25 , 1992 ) 8 : 58 p.m. Nicholas Cannalonga , Capital Expenditures Committee , stated approval . r-- 8 : 58 p. m. Sam Nablo , Appropriation Committee , recommended favorable action . 8 : 58 p.m. Leo Sweeney, Board of Selectmen, stated that a majority of the Board opposed the motion. 8 : 59 p.m. Jane Pagett , Appropriation Committee , made the following motion : that the motion under Article 19 be amended by Did not pass changing the figure "$50 , 000" to "$30 , 000" Discussion for and against followed. Following a voice vote at 9 : 14 p .m. , the Moderator declared the amendment offered by Mrs . Pagett to have failed. Discussion continued with questions as to procedures and policies of the Recreation Department and the Department of Public Works . Following a voice vote at 9 : 24 p. m. , the Moderator declared passage of the motion, offered by Mrs. Wilson. r- Notice of Reconsideration on Article 19 , Harrington { Fields , was served by Frank Sandy, P6 . ARTICLE 20 . ZONING BY-LAW, PET GROOMING MOTION : That the Zoning By-Laws of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article . MOTION That the Zoning By-Law be amended : in Section 4 . 2 , Permitted Uses and Development Standards , Passed - Table 1 , Part B Commercial Uses , Sub Section 7 . PERSONAL , See below BUSINESS SERVICES , by adding a new line 7 . 27 , as follows : "7 . 27 Pet grooming service provided that it shall be conducted entirely within the principal building and no pets shall be boarded overnight ; where conducted as accessory to a kennel ( line 7 . 26 ) , those restrictions shall not apply . " ; by inserting the designation "Y" under the columns headed CRS , CS and CB and by inserting the designation "N" under all other columns ; and in Section 4 . 2 , Permitted Uses and Development Standards , Table 1 , Part B Commercial Uses , Sub Section 16 , ACCESSORY USES FOR COMMERCIAL .':$ES , by deleting line 16 . 13 in its entirety, 9 : 24 p.m . Presented by Martha Wood , Planning Board . Following a voice vote at 9 : 26 p.m. , the Moderator declared unanimous passage . 10 (ADJOURNED SESSION , A . T . M. , CONT . - MARCH 25 . 1992 ) ARTICLE 21 . ZONING BY-LAW , PRIVATE POSTAL SERVICES 9 : 27 p. m. Jacqueline Davison, Planning Board, moved that the Report of the Planning Ioard on Article 21 be accepted and placed on file . Passed - Following a unanimous voice vote at 9 : 27 p.m. , the See P. 11 Moderator declared the report to have been accepted and placed file . MOTION : That the Zoning By-Laws of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article . MOTION That the Zoning By-Law be amended as follows : �I A, by adding a new definition in Section 2 , DEFINITIONS , in the proper alphabetical sequence : "PRIVATE POSTAL SERVICES : a retail use which includes private postal box rentals and mailing services . Such facility shall not be used as a distribution center , parcel delivery or commercial mail ,delivery center but shall remain as a retail convenience store for consumers . " B . in Section 4 . 2 , Table 1 , Permitted Uses and Development Standards , Part B Commercial Uses , Sub Section 7 PERSONAL , BUSINESS SERVICES , by adding a new line 7 28 , as follows : " 7 . 28 Private Postal Services ( see definition ) CN CRS CS CB CLO CRO CM N Y Y N Y Y Y" C . in paragraph 11 . 3 . 1 , which shows the number of off- street parking spaces requin;d , in section 5 ) Retail Business , by adding a new line "b" , as follows : "b. Private postal services 1/200 s . f . or 1 / 5 0 mail boxes , whichever is greater" 9 : 27 p. m . Mrs . Davison explained further . Discussion continued . 9 : 37 p . m. Ephraim Weiss , P5 , ma, e the following motion . MOTION: Did not pass Under "CRS , " the "Y" be changed to "N . " J Discussion continued on the amendment made by Mr. Weiss . Following a voice vote at 9 : 42 p .m. , the Moderator declared the amendment not to have passed , Discussion and questions continued . Following a voice vote at 9 : 49 p . m. , which was not unanimous , the Moderator called for a standing vote which was tallied as follows : 11 ( ADJOURNED SESSION , A. T .M . , CONT . - MARCH 2.5 . 1992 ) Precinct Yes No Abstain 1 12 2 r-- 2 14 2 3 10 2 4 16 0 5 10 6 6 14 1 7 15 1 8 17 2 9 18 0 At large 17 5 Totals 143 21 9 : 52 p.m. The Moderator declared passage of Article 21 as offered by the Planning Board , 9 : 52 p. m. Jacquelyn Smith, Chairman of the Board of Selectmen, moved that the meeting be adjourned until , April 29 , 1992 , at 8 : 00 p , m. , in Cary Hall .' Following a voice vote at 9 : 52 p. m. , the Moderator declared the meeting to be adjourned . r""k A true copy . , ' Attest : Bernice H . Fallick, Town Clerk 12 ADJOURNED SESSION 1992 ANNUAL TOWN MEETING APRIL 29 , 1992 The meeting was called to order by Moderator Margery M. Battin, at 8 : 00 p.m. , in Cary Memorial Hall . A quorum was present . 8 : 00 p.m. The invocation was offered by Reverend Alden Flanders , Church of Our Redeemer . 8 : 06 p.m. The Moderator declared a formal recess . Sheldon Spector, School Committee , introduced the new Superintendent Jeff Young , praised the Acting Superintendent Richard Barnes , and offered retirement wishes to Frank DiGiammarino . Senator Robert Havern introduced the Lexington Merit Scholars . 8 : 12 p.m. The Moderator recalled the meeting to order. ARTICLE 2 . REPORTS 8 : 18 p.m. Renee Cochin, Human Resources Committee , moved that the report of the committee be accepted and placed on file . Following a voice vote at 8 : 18 p .m. , the Moderator declared the report to have 1.)- en accepted and placed file . 8 : 19 p.m. Richard White , Town Manager, presented his report . 8 : 33 p.m. Sheldon Spector , School Committee , asked that Richard Barnes and Carol Pilarski be recognized in order. Each presented a report regarding the school budget and the teacher contract process . 8 : 50 p.m. Jane Pagett, Appropriation Committee , moved that the report of the committee be accepted and placed on file . Following a voice vote at 8 : 50 p. m. , the Moderator declared the report to have been accepted and placed file . 8 : 58 p . m. George Burnell , Appropriation Committee , spoke for the minority opinion of the Committee , ARTICLE 4 . OPERATING BUDGET MOTION : That the following amount be appropriated for the ensuing fiscal year and be raised in the tax levy except where a transfer is indicated they shall be provided by such a transfer . 8 : 59 p.m. Presented by Selectman Smith. The Moderator read the following line item: 1100 Public School-Education 27 , 772 , 966 8 : 59 p.m. Sheldon Spector, School Committee , indicated the intention of the Committee to increase the amount of the line item. 13 ( ADJOURNED SESSION. A.T. M. . CONT . - APRIL 29 , 1992 ) There was lengthy discussion pro and con. 9 : 51 p.m. James Wood , P7 , made the following motion: Resolved, that it is the sense of the Town Meeting , based on the recently completed Did not passl negotiations with the teachers that neither the School Committee nor the teachers are in balance with the other public sector negotiating areas and have failed to consider the overall needs of Lexingcon. 9 : 56 p.m. Following a voice vote at p.m. , the Moderator declared the motion not to have passed, 9 : 58 p. m. John Oberteuffer , School Committee , made the following motion: MOTION: that the figure $27 , 772 , 966 be changed to read $28 , 476 , 431 . Passed - See P. 17 There was considerable pro and con discussion with members voting twice to extend the half hour discussion See P. 27 time . 10 : 59 p.m. Sheldon Spector moved for a rollcall vote and 49 others rose to support the motion. The Town Clerk tallied the roll as follows : YES NO ABSTAIN ABSENT PRECINCT 1 Joel A, Adler Nancy M. Adler John P. Breen Daniel P. Busa, Jr . James A. Cataldo Chaur-ming Chou Rona G. Cohen Jean W. Cole John E. Curry Joseph J . Dini Nancy C . Gordon Ronald Levy Sam V . Nablo James A. Nicoloro Barry E. Sampson ' Robert F. Walton Ruth J . Walton James S . Wilson 7 Albert P. Zabin Judith L. Zabin ; Daniel Ziedelis PRECINCT 2 Elizabeth H . Clarke Eric T. Clarke John T. Cunha Robert W . Cunha Karen A. Dooks Leonora K. Feeney Ellsworth H . Fisher Marita B. Hartshorn John R. Holt Myla Kabat-Zinn 14 (ADJOURNED SESSION. A. T.M. . CONT . - APRIL 29 . 1992 ) Daniel A. Lucas x Kristin S . O' Sullivan x - � Michael J. O' Sullivan x Arthur C . Smith x Christina J . Welch x Edna M. Welch x William W. Welch, Jr. x William S . Widnall x Alan B. Wilson x Carolyn C. Wilson x Donald D. Wilson x PRECINCT 3 Samuel Berman x Joy C. Buchfirer x John P. Carroll x Robert N. Cohen x Bruce Collier x Don J. J . Cordell x Jacqueline B. Davison x Dan H. Fenn, Jr. x Erna S . Greene x Elizabeth C. Haines x Gloria V. Holland x Jeanne K. Krieger x Marjorie K. Madoff x Marilyn K. Mairson x Mary Edna Neumeier x Richard L. Neumeier Marian C. Reilly x Adrienne D. Santamaria x Vicky L . Schwartz x Ruth F. Souza x Caleb Warner x PRECINCT 4 Lisa A. Baci x Nyles Nathan Barnert x Julian J . Bussgang x Nancy M. Cannalonga x Nicholas A. Cannalonga x Michelle L Ciccolo x Lois J . Coit x L. Gail Colwell x Ronald W. Colwell x Christina E. Coughlin x Peter David Enrich x • Katherine G. Fricker x Carol B. Hartman x Peter C. J . Kelley x Margaret F. Rawls x Nicholas Santosuosso x 1 Sandra J . Shaw x —� Karsten Sorensen x Ruth S . Thomas x Judith J . Uhrig x Martin K. White x 15 (ADJOURNED SESSION. A.T.M. , CONT. - APRIL 29 , 1992 ) PRECINCT 5 ,-- Cynthia L. Blumsack x Howard Cravis x Wallace Cupp x Marjorie M. Daggett x Elaine Dratch x Andrew J. Friedlich x Paul E. Hamaburger x John Hayward x Judith C. Leader x Carol A. Liff x Leona W. Martin x Eric Jay Michelson x Paul Newman x Samuel L. Powers x Sam Silverman x Charles T. Vail x Melinda D. Vinton x Ephraim Weiss x David G. Williams x Mary Kathryn Wolf x JoAnn B. Wortman x PRECINCT ,6 Margaret N. Brooke x Marshall J. Derby x r— Peter Diamond x Robert H . Domnitz x Catherine S . England x Edmund C. Grant x Daniel J . Greenwood x Magdalena W. Himmel x Morton G. Kahan x Alan J. Lazarus x Judith B. Marshall x Joyce A. Miller x H. Bigelow Moore x John A. Oberteuffer x Jane Pagett x Edith Sandy x Frank Sandy x Sara F. Schoman x Sheldon A. Spector x William T. Spencer x Robert V. Whitman x PRECINCT 7 Catherine M . D. Abbott x . John P. Attanucci x Marsha E. Baker x Neal E. Boyle , Jr. x George A. Burnell x Theodore D. Chaung x Renee T. Cochin x Clark A. Cowen x Robert M. Farias x Audrey J . Friend x Casimir R. Groblewski x Linda Horowitz x Fred H. Martin x Myron L. Miller x j John E. Taylor x Jacquelyn H . Ward x 1 Jeanette P. Webb x Iris G. Wheaton x James C. Wood, Jr. 16 (ADJOURNED SESSION , A.T.M . . CONT . - APRIL 29 , 1992 ) Martha C. Wood x Polly H . Woodworth x PRECINCT 8 Donald L. Bailey x Richard H. Battin x Susan A. Blieden x Roger F. Borghesani x Elizabeth J . Bryant x Florence E. Connor x Maria Constantinides x Charles M. Cullen x Diana T. Garcia x Ione D. Garing x Steven J. Hurley x Jay R. Kaufman x Kathleen Vogt Kissel x Alan Mayer Levine x Richard A. Michelson x Gordon R. Osgood x James A. Osten x Jack Sarmanian x Margaret Schwartz x Dennis Sullivan x Carolyn H. Tiffany x PRECINCT 9 Alice J . Adler x Diane C . Aronson x Jane P. Buckley x Richard L. Canale x Margaret E . Coppe x Susan Hastings DelGreco x Deborah B. Green x James A. Hester, Jr. x Frank J . Kava x Louis V. T. Kava x Janice A. Kennedy x Eleanor H . Klauminzer x Paul E . Mazerall x Isabel H. Mroczkowski x Janet Perry x Richard M. Perry x Simon Prensky x Fred D . Rosenberg x James J . Scanlon x Richard Schaye x Doris Poley Traficante x AT LARGE Margery M. Battin x Norman P. Cohen x William J . Dailey, Jr. x Stephen W. Doran x John C . Eddison x Bernice H . Fallick x Paul W. Marshall x Leo P. McSweeney x Jacquelyn R. Smith x - ---- ---- --- - -- ---- -- -- - 17 ( ADJOURNED SESSION. A.T.M. . CONT . - APRIL 29 . 1992 ) TOTAL TALLY OF ROLL CALL VOTE PRECINCT YES NO ABSTAIN ABSENT TOTAL ` " 1 12 7 2 21 2 16 4 1 21 3 17 2 2 21 4 19 1 1 21 5 14 7 21 6 20 1 21 7 16 4 1 21 8 14 6 1 21 9 11 7 3 21 AT LARGE 0 4 3 2 9 TOTALS 139 43 3 13 198 11 : 17 p.m. The Moderator d clared. passage of Mr. Oberteuffer' s amendment to line item 1100 Public School- Education. 11 : 18 p.m. Jacquelyn Smith, Chairman of the Board of Selectmen, moved that the meeting be adjourned until , Monday, May 4 , 1992 , at 8 : 00 p. m. , in Cary Hall. r-- Following a voice vote at 11 : 18 p..m. , the Moderator declared the meeting to be adjourned. A true copy. Attest : - Bernice H . Fallick, Town Clerk J iii 18 ADJOURNED SESSION = 1992 ANNUAL TOWN MEETING MAY 4 . 1992 The meeting was called to order by Moderator Margery M. Battin, at 8 : 00 p. m. , in Cary Memorial Hall , A quorum was present . 8 : 00 p . m. The invocation was offered by Reverend Smith of Grace Chapel . -� ARTICLE 2 . REPORTS 8 : 12 p . m, Bruce Collier spoke to clarify a report on the schools . 8 : 18 p.m . Jane Pagett spoke for the Appropriation Committee , followed by Sheldon Spector and Richard White , ARTICLE 4 . OPERATING BUDGET 8 : 17 p , m . The Moderator continued the reading of the motion : 1200 Regional Vocational Ti.hnical School 550 , 803 Assessment Nyles Barnert spoke for Minuteman School , The Moderator continued the reading : Employee Benefits 2110 Contributory Pension Fund 2 , 161 , 058 2120 Non-Contributory Pension 160 , 000 2130 Board of Retirement Expenses 5 , 000 2140 Insurance 4 , 524 , 269 I� Debt Service See P. 27 2210 Payment on Funded Debt 1 , 163 , 500 (Of which $51 , 943 is to he transferred from the Stabilization Fund . ) 2220 Interest on Debt 637 , 055 2230 Temporary Borrowing 25 , 000 2240 Exempt Debt 1 , 667 , 538 Public Works Department 3000 DPW Personal Services 2 , 209 , 626 (Of which $20 , 000 is to he transferred from the Parking Meter Fund and $200 , 000 is to be transferred from the Cemer\- Trust Funds , ) 3000 DPW General Expenses 1 , 229 , 426 3400 Refuse Collection/Disposal 2 , 178 , 392 (And that to raise such amount the Town establish a Trash Enterprise Fund pursuant to G . L . c . 44 , §53F1 and that $2 , 178 , 392 be transferred from such Fund , provided that such amount shall be raised in the tax levy if the general override question appearing on the ballot for the June 15 , 1992 , special election is passed . ) 8 : 28 p. m. Jacquelyn Smith , Board of Selectmen, spoke on the Trash Enterprise Fund , 8 : 35 p . m. Jane Pagett , Appropriation Committee , stated that a majority of the board recommended favorable action. 19 (ADJOURNED SESSION , A. T .M . , CONT . - MAY 4 . 1992 ) 1 There was discussion pro and con. 9 : 00 p .m. Daniel Busa, P1 , made the following motion: that all the words in parentheses under line Did not pass r- item 3400 be stricken t,— Discussion continued . 9 : 30 p.m. Casimir Groblewski , P7 , moved to extend debate for 7 minutes . Following a voice vote at 9 : 30 p.m. , the Moderator declared passage . Discussion continued on Proposition 2 1/2 , whether the decision on the trash fee should be made at Town Meeting or at the polls or by the Selectmen. Following a voice vote at 9 : 40 p.m. , the Moderator declared the amendment not to have passed. Selectman Dailey questioned the vote . The Moderator called for a standing vote which was tallied as follows : Precinct Yes No Abstain 1 6 10 1 , 2 6 12 3 5 11 4 5 14 5 7 10 f 6 1 16 7 3 15 8 7 11 I 9 6 11 At large 6 13 Totals 52 123 1 9 : 45 p.m. The Moderator continued : 3600 Water Enterprise 3 , 846 , 449 (And that to raise such amount $3 , 846 , 449 be transferred from the Water Enterprise Fund. ) 3700 Sewer Enterprise 5 , 090 , 792 (And that to raise such amount $5 , 090 , 792 be transferred from the Sewer Enterprise Fund. ) There was discussion on the 3600 and 3700 , followed by discussion of a septage problem on Bow Street . The reading continued : Public Safety 4100 Police Department Personal Services 2 , 380 , 167 (Of which $111 , 076 is to be transferred from the Parking Meter Fund ) . 10 : 02 p.m. Chief Furdon presented his report . There was discussion as to police preseiee in the center. The Moderator continued : 20 (ADJOURNED SESSION, A. T . M . , CONT , - MAY 4 . 1992 ) 4100 Police Department Expenses 251 , 394 ( Of which $3 , 848 is to be transferred from the Parking Meter Fund . ) 10 : 10 p.m. Sheldon Spector questioned the use of town cars to which the Town Manager responded . J The reading continued: Fire Services 4200 Fire Department Personal Services 2 , 292 , 793 Chief Bergeron responded to questions on manning of the engines and mutual assistance . 4200 Fire Department Expenses 150 , 759 (And further that the Town, acting by its Fire Chief , is hereby authorized to accept and expend funds from the Federal Emergency Management Agency to reconfigure the present fire alarm system in the Town , ) 10 : 38 p . m. Jacquelyn Smith , Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday, May 6 , 1992 , at 8 : 00 p . m. , in Cary Hall . Following a voice vote at 10 : 38 p. m. in which a majority of the meeting was opposed to the motion, the Moderator declared the meeting not to be adjourned , The Moderator continued : Library Services 5100 Library Personal Ser .. _ces 887 , 865 See P. 27 10 : 38 p. m. Ione Garing , P8 , made the following motion: MOTION : to amend Line Item 5100 Library Personal Services to read $926 , 350 There was discussion for and against . Following a voice vote at 11 02 p .m , , the Moderator declared passage of the amendment . The reading continued : 5100 Library Expenses 215 , 600 11 : 03 p. m. Jacquelyn Smith , Chairman of the Board of Selectmen, moved reconsideration of her previous motion to adjourn : That the meeting be adjourned until. Wednesday, May 6 , 1992 , at 8 : 00 p . m. , in Cary Hall . Following a voice vote at 11 : 03 p.m. , the Moderator declared the meeting to be adj. urned . A true copy. Attest : / %y/ Bernice H . Fallick, Town Clerk 21 ADJOURNED SESSION - 1992 ANNUAL TOWN MEETING MAY 6 . 1(-.)2 The meeting was called to order by Moderator Margery M. Battin, at 8 : 05 p. m. , in Cary Memorial Hall . r-- A quorum was present . The invocation was offered by Reverend Brian Dixon, First � Baptist Church. _ • ARTICLE 2 . REPORTS 8 : 11 p.m. Kristen O' Sullivan extended an invitation from Representative Stephen Doran to attend the Statewide Educational Reform Forum on Jun 3 . 8 : 12 p.m. Sandra Shaw reported for the Playground Ad-hoc Committee . Mrs . Shaw moved that the report of the committee be accepted and placed on file . Following a voice vote at 8 ' 16 p.m. , the Moderator declared the report to have been accepted and placed file . 8 : 16 p.m. Marshall Derby, IoxHAB, reported for the group. 8 : 20 p .m. The Moderator declared a formal recess . Selectman Eddison read a proclamation honoring Angela and Frederick Frick for all the various activities in which both have participated for many years . Presentations of r-- gifts were made by a number of individuals and groups . 8 : 31 p. m . The Moderator called the meeting back to order. ARTICLE 4 . OPERATING BUDGET The Moderator continued the reading of the budget : 5200 Recreation Enterprise 942 , 038 (And that to raise such amount $942 , 038 be transferred from the Recreation Enterprise Fund . ) 5300 Celebrations Committee 9 , 506 5400 LEXPRESS/Transportation 225 , 727 (Of which $80 , 000 is to he transferred from the Parking Meter Fund . ) 8 : 32 p.m. Selectman Eddison spoke on behalf of Lexpress . The Moderator recognized Sara Arnold , Transportation Advisory Committee , who presented the Lexpress report . 8 : 45 p. m. Selectman McSweeney rade the following motion to substitute for the line 5400 as read by the Moderator: '^' MOTION: 5400 Lexpress/Transportation $40 , 000 8 : 49 p.m. Selectman Eddison stated that a majority of the Selectman supported Lexpress and opposed the amendment . 8 : 50 p.m. Jane Pagett , Appropriation Committee , stated majority opposition to the amendment , , There was discussion for and against , Following a voice vote at 9 15 p.m. , the Moderator declared the amendment to have failed . 22 (ADJOURNED SESSION, A.T.M. , CONT. - "460Y 6, 1992) The Moderator continued the reading : Council on Aging 6100 Council on Aging Personal Services 78 , 346 6100 Council on Aging Expenses 97 , 978 Veterans --� 6200 Veterans Administration 19 , 328 6200 Veterans Expenses 50 , 393 Human Services 6310 Youth Services 66 , 542 9 : 20 p.m. Renee Cochin spoke for the Human Service Fund. 9 : 30 p .m. Judith Zabin spoke on behalf of Replace . 9 : 36 p.m. Joel Adler , Pl , moved that discussion return to line item 6200 Veterans . Following a voice vote at 9 : 36 p. m. , the Moderator declared passage of Mr . Adler ' s motion. The Town Manager responded to Mr . Adler' s questions . The Moderator continued: 6320 Service to Developmentally Disabled 10 , 457 Inspectional Services 7110 Building Inspection Personal Services 136 , 979 7110 Building Inspection Expenses 4 , 098 7120 Board of Appeals Personal Services 24 , 565 7120 Board of Appeals Expenses 730 7130 Conservation Personal Ser\- ices 54 , 249 7130 Conservation Expenses 7 , 708 7140 Historic Districts Commission 2 , 750 7150 Public Health Personal Services 92 , 629 7150 Public Health Expenses 22 , 824 7160 Nursing Services 7 , 500 7170 Animal Control/Rabies Clinic Personal Servic64 ,4Fr' - 24,874 7170 Animal Control/Rabies Clinic Expenses 8 , 974 Community Development 7210 Planning Personal Services 117 , 990 7210 Planning Expenses 6 , 450 General Government 8110 Selectmen Personal Services 30 , 000 8110 Selectmen Expenses 11 , 050 . 8120 Town Manager Personal Services 188 , 578 8120 Town Manager Expenses 11 , 085 Town Manager Jurisdictional -, 8130 Temporary Help & Overtime 32 , 340 8130 Clerical Pool 11 , 248 8130 Fire & Police Medical 35 , 400 8130 Out of State Travel 2 , 000 8130 General Professional Services 68 , 010 8130 Director of Guides 1 , 500 8130 Tuition & Training & Instate Travel 25 , 970 8140 Town Report 4 , 800 Legislative 8210 Appropriation Committee 735 8220 Miscellaneous Boards & Committees 6 , 075 23 (ADJOURNED SESSION , A.T.M . , CONT . - MAY 6 . 1992 ) Finance 8310 Comptroller Personal Services 173 , 009 �--- 8310 Comptroller Expenses 76 , 359 8320 Treasurer/Tax Collector Personal Services 101 , 578 8320 Treasurer/Tax Collector Expenses 13 , 880 8330 Assessors Personal Services 130 , 812 8330 Assessors Expenses 4 , 990 8340 Data Processing 34 , 300 Staff 8410 Legal Fees & Expenses 185 , 000 8420 Town Clerk Personal Services 101 , 137 8420 Town Clerk Expenses 2 , 500 8430 Board of Registrars Personal Services 1 , 806 8430 Board of Registrars Expenses 28 , 950 8440 Elections/Town Clerk 32 , 746 8450 Elections/Selectmen 26 , 600 9 : 51 p .m. Selectman Smith moved to postpone further discussion on Article 4 until after Article 24 . Following a voice vote at 9 : ,;1. p . m. , the Moderator declared passage of Mrs . Smith' s motion. ARTICLE 5 . Salary Adjustments and Collective Bargaining Settlements MOTION: That $226 , 000 be appropriated for the ensuing fiscal year, in addition to those Passed - authorized under Article 4 of this warrant , to fund See below cost items ( a) included n 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 , and that such amount be raised in the tax levy. The amount voted is to be distributed among the personal services accounts as authorized by the Board of Selectmen, 9 : 52 p .m. Presented by Selectman Eddison. 9 : 56 p.m. Jane Pagett , Appropriation Committee , stated unanimous support . 9 : 57 p.m. Sheldon Spector , School Committee , stated the Committee would not take a position. Following a voice vote at 9 : 58 p. m. , the Moderator . declared passage . 9 : 58 p . m. Albert Zabin served Notice of Reconsideration. ARTICLE 9 . Reserve Fund MOTION : That the sum of $250 , 000 be appropriated Passed - for the Reserve Fund , and that such amount be See below raised in the tax levy. 9 : 58 p. m. Presented by Selectman Dailey. 9 : 58 p.m. Jane Pagett , Appropriation Committee , recommended favorable action. Following a voice vote at 9 : 59 p . m. , the Moderator declared passage , 24 (ADJOURNED SESSION , A. T .M. , CONT . - MAY 6 . 1992 ) 9 : 59 p.m. Jane Pagett , Appropriation Committee , served Notice of Reconsideration. ARTICLE 10 . Unemployment Compensation Fund MOTION: That the sum of $100 , 000 be appropriated �..1 Passed - for the Unemployment Compensation Fund, and that See below such amount be raised in the tax levy, 10 : 00 p.m. Presented by Selectman Dailey . 10 : 02 p.m. Jane Pagett , Appropriation Committee , recommended favorable action . Following a voice vote at 10 03 p .m. , the Moderator declared passage . 10 : 03 p.m. Jane Pagett , Appropriation Committee , served Notice of Reconsideration. ARTICLE 14 . Parking Lot Operation and Maintenance MOTION : That the sum of $85 , 076 be appropriated Passed - for , parking lot operation and maintenance in the See below Town , and that such amc. nt be transferred from Parking Funds . 10 : 03 p. m. Presented by Selectman Eddison. 10 : 07 p.m. Jane Pagett , Appropriation Committee , stated majority approval . Following a voice vote at 10 : 09 p . m, , the Moderator declared unanimous passage . 10 : 09 p.m. Jane Pagett , Appropriation Committee , served Notice of Reconsideration . ARTICLE 17 . Brook Cleaning MOTION : That the sum of $15 , 000 be Passed - appropriated for cleaning and maintaining See below streams and brooks in the Town , and that such amount be raised in the tax levy. 10 : 10 p. m. Joyce Miller , Conse vation Commission, moved Indefinite Postponement , stating the intent to recognize the difficult financial problem:; of the current meeting . 10 : 11 p. m. Sam Nablo , Appropriation Committee , spoke in favor of Lexington conservation and in agreement with Mrs . Miller ' s motion . 10 : 13 p.m. Paul Hamburger , Capital Expenditures , agreed , Following a voice vote at 10 : 14 p .m„ the Moderator declared passage . 25 (ADJOURNED SESSION , A. T . M. . CONT. - MAY 6 . 1992 ) ARTICLE 18 . Miscellaneous School Article MOTION : That the sum of $850 , 000 be appropriated for remodeling , reconstructing and making extraordinary repairs to school buildings including the re-roofing of school buildings , the Passed - installation of elevators at Lexington High School See below and Diamond Middle School , the replacement of windows and sills at Clarke Middle School , and the remodeling and making extraordinary repairs to the Maria Hastings Elementur. y School , and for additional school department equipment ; that to meet the appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $850 , 000 under Chapter 645 of the Acts of 1948 as amended or under G. L. c . 44 , §7 as amended; and that the Permanent Building Committee is authorized to take all action necessary to carry out this project ; and , in addition, that $27 , 625 be appropriated for issue expenses and first year debt service and that said amc .nt be raised in the tax levy. 10 : 15 p.m. Presented by John Oberteuffer, School Committee . 10 : 27 p. m. The Moderator recognized John Moynihan to speak on the particular buildings . 10 : 32 p. m. Karen Dooks , Capital Expenditures Committee , stated unanimous approval and recommended bonding . 10 : 35 p.m. Michael O' Sullivan , Appropriation Committee , stated that the majority of the committee was against passage . Jane Pagett presented the minority report in favor of passage . The Moderator called for a standing vote which was tallied as follows : precinct Yes No Abstain 1 11 2 2 15 0 1 3 14 0 4 14 1 5 16 0 6 12 1 7 13 3 8 16 1 9 16 1 At large 19 5 r-- Totals 146 14 10 : 50 p.m. The Moderator declared passage , Notice of Reconsideration was served by Paul Hamburger . ARTICLE 23 , Zoning By-Law Adjustments , Signs 10 : 50 p.m. Jacqueline Davison , Planning Board, moved Indef. Post.l indefinite postponement . Following a voice vote at 1L; 51 p . m. , the Moderator declared indefinite postponement . 26 (ADJOURNED SESSION , A. T . M. . CONT . - MAY 6 . 1992 ) ARTICLE 22 . Zoning By-Law, Dimensional Controls , Institutional Uses 10 : 51 p.m. Jacqueline Davison , Planning Board , moved Indef. Post. indefinite postponement . See below Following a voice vote at 10 : 51 p. m. , the Moderator declared indefinite postponement . ARTICLE 24 . Conservation/Land Transfer MOTION : That the Conservation Commission be authorized to purchase or otherwise acquire , Passed - and the Selectmen be authorized to take by See below eminent domain, upon the written request of the Conservation Commission, and that the Selectmen be authorized to transfer , 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 1A on Assessors ' Property Map 29 . 10 : 52 p. m. Presented by Joy :e Miller , Conservation Commission. Following a voice vote at 10 : 56 p.m. , the Moderator declared unanimous passage . 10 : 56 p .m. Jacquelyn Smith, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Thursday, May 7 , 1992 , at 8 : 00 p. m. , in Cary Hall . Following a voice vote at 1u . 56 p .m. , the Moderator declared the meeting to be adjourned. A true copy. Attest : Jriy.� Z///1 Bernice H . Fallick, Town Clerk f J 27 ADJOURNED SESSION - 1992 ANNUAL TOWN MEETING MAY 7 , 1992 The meeting was called to order by Moderator Margery M. Battin, at 8 : 10 p.m. , in Cary Memorial Hall . A quorum was present . The invocation was offered by William Welch. ARTICLE 2 . REPORTS 8 : 13 p . m. Jacqueline Davison spoke of the exhibit presented by the Library, Planning Board , and the Met State Task Force . Selectman Marshall outlined process . ARTICLE 4 . OPERATING BUDGET 8 : 19 p.m. Town Counsel Norman Cohen moved to separate out line item 2210 Payment on Funded Debt, $1 , 163 , 500 (Of Passed - which $51 , 943 is to be transferred from the Stabilization See below Fund. ) for voting at this time . Following a voice vote at 8 : 19 p. m. , the Moderator declared unanimous passage of Mr . Cohen' s motion. Following a voice vote at 8 : 20 p . m . , the Moderator declared ,unanimous passage of tie line item motion. 8 : 21 p.m. Selectman Marshall made the following motion: I move to take up line items 1100 and 5100 at this time . I move to amend line item 1100 Public Schools - Education $28 , 476 , 431 by adding the following words ; However that Passed - $501 , 215 of the appropriation and of the amount to be See P. 28 raised in the tax levy is contingent upon the approval of a general override question appearing on the ballot for the June 15 , 1992 , special election . I move to amend line item 5100 Library Personal Services $926 , 350 by adding the following words : However that Passed - $38 , 485 of the appropriation and of the amount to be See below raised in the tax levy is contingent upon the approval of a general override question appearing on the ballot for the June 15 , 1992 , special election . Mr. Marshall explained and discussion followed . 8 : 32 p . m. Ephraim Weiss , P5 , n.:.ved a one hour recess . Following a voice vote at 8 : 32 p . m. , the Moderator declared passage of Mr . Weiss ' s motion . During the recess discussion both pro and con occurred . 9 : 34 p.m. The Moderator called the meeting back to -- order. The Moderator read the amendment regarding Library Personal Services . Following a voice vote at 9 : 40 p . m. , the Moderator declared the line item 5100 Library Personal Services amendment as offered by Mr. Marshall to have passed. Discussion continued on the first part of Mr . Marshall ' s amendment . 10 : 11 p . m. Jane Pagett , Appropriation Committee , stated 28 (ADJOURNED SESSION , A. T . M. , CONT . - MAY 7 . 1992 ) a minority of the Committee to be against the amendment . Following a voice vote at 10 : 34 p.m. , the Moderator called for a standing vote which was tallied as follows : -, Precinct Yes No Abstain 1 8 7 2 9 6 3 2 12 4 13 4 5 15 2 6 7 9 7 9 8 8 5 10 9 8 7 At large 14 8 Totals 90 73 10 : 38 p. m. The Moderator declared passage of the line item 1100 Public Schools - Education amendment as offered by Mr . Marshall . 10:38 p.m. Following a voice vote at 10:38 p.m. , the Moderator declared passage of Article 4. 10 : 38 p. m. Notice of Reconsideration was served by Jane Pagett . 10 : 38 p.m. Selectman Eddison moved Reconsideration of Article 30 Lexington Education Foundation. Mr. Eddison explained his reversal of positioi . Discussion continued . Following a voice vote at 10 : 47 p . m, , the Moderator declared the motion to reconsider not to have passed. ARTICLE 32 . Use of Funds to Reduce Tax Rate MOTION : that the sum of $377 , 625 be appropriated to reduce the tax levy for the Passed - fiscal year beginning July 1 , 1992 , and that See below such amount be transfer red from the Unreserved Fund Balance . 10 : 48 p. m. Presented by Selectman Smith . Following a voice vote at 10 : 48 p . m. , the Moderator declared unanimous passage . 10 : 48 p . m. Jacquelyn Smith , Chairman of the Board of Selectmen, moved dissolution of Lne meeting . Following a voice vote at 10 : 48 p . m. , the Moderator declared the meeting to be dissolved . A true copy. Attest : Bernice H . Fallick, Town Clerk S _ 29 (WARRANT FOR TOWN ELECTION - SEE WARRANT FILE) 101111 ,:, ,.1 , ,,li 11,,;11 4 , :140. J • i j ,,.. TOWN ELECTION MONDAY, JUNE 15, 1992 SPECIAL ELECTION, OVERRIDE OF PROPOSITION 2 1/2 Shall the town of Lexington be allov,,d to assess an additional $2,718,092 in real estate and personal property taxes for funding residential trash collection and disposal in lieu of a fee, and for schools and libraries for 'the fiscal year beginning July first, nineteen hundred and ninety two9 Yes No in pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, June 15, 1992, at 7 a.m. The following places were design4ted as the voting places for the various precincts; Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Lexington Senior High School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School ; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The Election Officers of the various precincts were assigned for duty as follows; Precinct One -Harrington Warden Eileen Fradette Clerk Grace Campbell Inspector Audrey Frazer Inspector George Kalafatis Inspector Ruth McLatchy L Precinct Two - Bowman Warden Elizabeth Clarke Clerk Donna Alexson Inspector Anna Alexson Inspector Lois Smith Inspector Kenneth Smith Inspector Margaret Blouin Inspector Robert Blouin Precinct Three - Clarke Warden Marjorie Modo,Jno Clerk Mildred Cronin Inspector Alice Hopkins Inspector Lillian Drury Inspector Gwendolyn Cram Inspector Philip Pullen Inspector Helen Euart Ifl Precinct Four - High School Warden Raymond Flynn Clerk Richard Crawford Inspector Ruth Hamlin Inspector Alfred Mattes Inspector Eleanor Mattes Inspector Robert Greenway (SPECIAL TOWN ELECTION - MONDAY, JUNE 15, 1992, CONT. ) Precinct Five - Cary Hall Warden Elizabeth Flynn Clerk Jacqueline Michelove Inspector Marcia Cormier Inspector Dorothy Gauthier Inspector Josephine Luther Inspector Martha Zani Inspector Seymour Mandel Precinct Six - Diamond Warden Cornelius Cronin Clerk Dorothy Boggia Inspector Calvin Belbin Inspector Shirley Bullock Inspector Ann Baum Inspector Barbara Simmons Inspector William Simmons , . Precinct Seven - Estabrook Warden A. Estelle Szalajeski Clerk Nancy Lou Hayes Inspector Alice Coletta , Inspector Miriam Miller Inspector Clark Cowen Inspector Barbara Davis Precinct Eight Oicbt - Fire Station Warden Catherine Jones Clerk Frank Samuel Inspector Blanche Johnson Inspector Stella Laurendeau Inspector Elizabeth Sinclair Inspector Florence Murray Inspector Olive Samuel Precinct Nine - Hastings Warden John Taylor Clerk Carole Scalise Inspector Anne Taylor Inspector Janet Lowther Inspector Carlton Higgins Inspector Edward Sullivan Inspector Edith Paster The polls were declared o)c1 in each precinct at 7 a.m, and remained open until 8 p.m. , at which time, after due notice, they were declared closed. | 31 (SPECIAL TOWN ELECTION - MONDAY, JUNE 15, 1992, CONT. ) The total number of registered voters in each precinct eligible to vote as of May 26, 1992, is as follows: PRECINCT REGISTERED DEM REP UNROLLED IND.VOTER -- VOTERS 1 1999 952k 339 699 9 L. 2 2198 1129 324 738 5 3 2195 858 451 879 6 4 2239 976 413 844 6 5 2334 975 440 897 22 6 2067 933 424 705 5 7 2122 972 361 787 2 8 2204 936 448 791 27 9 2090 869 361 857 3 TOTALS 19448 8600 3561 7197 85 1 Other, 1 Green, 1 Libertarian, 2 Socialist Recap sheets were delivered to the Board of Registrars in the Comptroller's Office. 1 The Town Clerk and the members of the Board of Registrars canvassed the results as follows: Precinct Machine Vote Absentee Ballots Blks Yes No Yes No 1 13 533 445 25 3 2 10 734 376 32 3 3 8 615 369 25 5 4 10 707 357 40 13 5 23 643 451 26 9 6 3 670 375 37 15 7 7 752 360 36 14 8 0 720 431 40 13 9 4 596 410 16 5 Subt. 78 5970 3574 277 80 Total Yes - 6247 Total No - 3654 51 % of the registered voters voted. A true copy. / (.- ,7,/7/7( � Attest: / _( - -- Bernice H. Fallic.:, Town Clerk 32 (WARRANT FOR STATE PRIMARIES ELECTION - SEE WARRANT FILE) TOWN ELECTION - TUESDAY, SEPTEMBER 15, 1992 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, September 15, 1992, at 7 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Lexington Senior High School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The Election Officers of the various precincts were assigned for duty as follows: Precinct One Warden Eileen Fradette Clerk Grace Campbell Inspector Audrey Frazer Inspector George Kalafatis Inspector Margaret Blouin Inspector Robert Blouin Inspector Martha Shurtleff Inspector Virginia Warner Precinct Two — 1 Warden Elizabeth Clarke Clerk Donna Alexson. .� Inspector Owen Lafley Inspector Lois Smith Inspector Kenneth Smith Inspector Anna Alexson Inspector Mary Cushman Precinct Three Warden Marjorie Modoono Clerk Mildred Cronin Inspector Alice Hopkins Inspector Lillian Drury Inspector Seymour Mandel Inspector Helen Euart Inspector Philip Pullen Inspector Gwendolyn Cram Precinct Four Warden Gulli Kula Clerk Richard Crawford Inspector Raymond Flynn Inspector Alfred Mattes 1 Inspector Ruth Hamlin Inspector Eleanor Mattes Inspector Marlis Schratter 33 (State Primaries Election, September 15. 1992. cont. ) Precinct Five Warden Elizabeth Flynn Clerk Jacqueline Michelove Inspector Marcia Cormier Inspector Dorothy Gauthier Inspector Martha Zani Inspector Priscilla Winter Inspector Josephine Luther Precinct Six Warden Cornelius Cronin Clerk Dorothy Boggia Inspector Ann Baum Inspector Evelyn Belbin Inspector Calvin Belbin Inspector Judith Goldman Inspector Mary Casey Inspector Barbara Simmons Inspector William Simmons Precinct Seven Warden A. Estelle Szalajeski Clerk Nancy Lou Hayes Inspector Alice Coletta Inspector Miriam Miller Inspector Barbara Davis Inspector Helen MacDonald Inspector Muriel Taylor Precinct Eight Warden Catherine Jones Clerk Frank Samuel Inspector Stella Laurendeau Inspector Olive Samuel Inspector Elizabeth Sinclair Inspector Florence Murray Precinct Nine Warden John Taylor Clerk Carole Scalise Inspector Anne Taylor Inspector Carlton Higgins Inspector Edith Paster Inspector Robert Greenway Inspector Richard Transue Inspector Edward Sullivan The election officers were sworn to the faithful performance of their duties. Theolls were declared open in each P p precinct at 7 a.m. and remained open until 8 p.m. , at which time, after due notice, they were declared closed. 34 (State Primaries, Tuesday, September 15, 1992, cont. ) The total number of registered voters in each precinct eligible to vote as of August 18, 1992, is as follows: PRECINCT REGISTERED DEM REP UNROLLED IND.VOTER VOTERS ^, I 1 2077 971 349 751 5 4 2 2233 1136 321 770 5 3 2258 866 454 934 3 4 2286 983 416 881 6 5 2390 973 44'; 949 23 6 2089 941 421 721 6 7 2152 978 358 814 2 8 2263 950 459 823 29 9 2115 867 366 878 4 TOTALS 19863 8665 3589 7521 83 (Total includes the following: Pr.1 Socialist - 1 Pr.2 Socialist - 1 Pr.3 Socialist - 1 Pr.8 Green - 1, Libertarian - 1 Recap sheets were delivered to the Board of Registrars in the Comptroller's Office. 18% of the registered voters voted. The Town Clerk and the members of the Board of Registrars canvassed I"' the results as follows: TOWN WIDE TALLY FOR: PRIMDEM ELtCTIONS PRINTED ON: 16- EP-,4 HELD ON: 15-SEP-92 VOTE COUNT REPORT TOTALS PR1 PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9 VOTE COUNT: 2527 281 357 2E8 273 267 256 270 291 246 REPCONG EDWARD J. MARKEY 2017 213 268 240 216 212 213 220 232 203 ALL OTHERS 6 1 2 1 2 -BLANKS 504 67 39 46 55 55 42 50 57 43 COUNCILLOR DANIEL G. HURLEY 336 52 46 36 37 36 23 39 41 26 RICHARD ANTHONY CAMPANA 116 12 10 15 12 12 15 12 14 14 DOROTHY A. KELLY GAY 732 51 134 90 98 81 77 75 92 64 ROBERT W. KELLEY 215 25 2° 30 17 13 26 25 33 18 VINCENT LOPRESTI 231 6) 53 34 23 31 24 20 19 37 VINCENT J. RAGUCCI, III 62 7 1? 10 4 0 5 4 7 7 SALVATORE J. TECCE 145 25 15 19 16 22 14 11 9 14 ALL OTHERS 1 1 -BLANKS o39 69 39 52 65 6t 72 34 76 66 SENGENCOURT ROBERT A. HAVERN, III 1792 133 246 214 199 194 180 187 201 113 ALL OTHERS 1 1 -BLANKS 734 93 111 72 73 73 76 83 90 63 TiREPGENCOURT 'i STEPHEN W. DORAN 2109 223 281 245 235 230 225 223 240 207 ALL OTHERS 2 1 1 -BLANKS 416 53 76 41 37 37 30 47 51 39 SHERIFF JOHN P. MCGONIGLE 1579 170 219 185 171 169 156 167 186 156 0 ALL OTHERS 1 1 -BLANKS 947 111 138 101 101 98 100 103 105 90 CTYCOMMISSION EDWARD J. KENNEDY 699 93 85 93 75 75 69 59 80 70 THOMAS J. LARKIN 1165 136 183 129 132 109 125 132 132 107 LEONARD H. GOLDER 344 21 37 41 33 39 33 79 32 29 ALBERT J. ONESSIMO 201 27 26 29 23 26 13 23 22 12 DENNIS J. READY 271 33 39 33 24 28 31 23 35 25 ADELLE SCHWALBERG 592 59 95 66 68 66 58 71 55 54 ALL OTHERS 1 1 -BLANKS 1781 193 269 181 190 291 153 153 226 195 35 TOWN 4IDE TALLY FOR: IM F PU-i ELECT ?N; PHINf:o oN: 15—btr—vc HELD ON: 15-S8P-92 VOTE COUNT REPORT TOTALS PRI PR PR3 PR4 PR5 PR6 PR7 PRS PR9 VOTE COUNT: 1094 1D6 33 120 112 143 169 91 144 119 REPCONG STEPHEN A. SOHN 719 75 49 73 76 90 115 60 102 81 FRANK VALLARELLI 299 31 23 41 30 42 42 29 28 33 [-7 PATRICIA LONG 36 6 1 10 10 1 6 2 ALL OTHERS 2 1 1 ',BLANKS 38 0 5 5 5 6 2 1 7 3 COUNCILLOR VIRGIL J. AIELLO 710 71 56 76 81 100 109 64 69 84 ALL OTHERS -BLANKS 3°4 37 27 44 551 48 60 27 75 35 SENGENCOURT DOUGLAS J. HOWARD 857 54 64 98 94 118 134 80 98 87 ALL OTHERS -BLANKS 237 24 19 22 18 30 35 11 46 32 REPGENCOURT ALL OTHERS BLANKS SHERIFF GARY BUXTON 309 27 20 30 28 35 61 36 37 35 MICHAEL J. DEVER 429 46 32 47 57 76 49 32 43 47 VINCENT LAWRENCE DIXON 164 17 14 28 17 13 26 12 15 22 ALL OTHERS 1 1 -BLANKS 191 13 16 15 10 24 33 11 49 15 CTYCOMMISSION ANTHONY F. RANIERI 282 32 20 34 26 40 39 24 33 34 JAMES P. REGAN 580 6) 46 52 72 79 90 56 67 58 EDWARD L. WEINBERG 398 35 31 43 48 54 63 34 44 46 ALL OTHERS 2 1 1 -BLANKS 926 3? o9 111 78 123 145 68 144 99 TOWN WIDi TALLY FGR: PR ! ,, N„ " -, , , j , 0QTNT' " 4 HELD ON: 15-, EP-?2 ' v-v' 4'JTE LOUN1 REPORT TOTALS PRI °R2 PR3 PR4 PR5 PR6 PRT PR8 PR9 VOTE COUNT: 2 2 REPCONG LEN UMINA 1 1 1 BLANKS 1 1 i COUNCILLOR 'BLANKS SENGENCOURT SOHN -BLANKS 1 1 1 REPGENCOURT -BLANKS SHERIFF -BLANKS CTYCOMMISSION -BLANKS A true copy. Z////‘ ;65,:c../.1 Attest: Clerk, Board of Registrars 36 (WARRANT FOR STATE/PRESIDENTIAL ELECTION - SEE WARRANT FILE) STATE/PRESIDENTIAL ELECTION - TUESDAY, NOVEMBER 3, 1992 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, November 3, 1992, at 7 a.m. The following places were desigrd as the voting places for the various precincts: Precinct One, li,.rrington School; Precinct Two, Bowman School, Precinct Three, Jon-s Clarke Middle School, Precinct Four, Lexington Senior High School; Precinct Five, Cary Memorial Building, Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School ; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The Election Officers of the various precincts were assigned for duty as follows: Precinct One Warden Eileen Fradette Clerk Grace Campbell Inspector Audrey Frazer Inspector Margaret Blouin Inspector Robert Blouin 6-10 & 3-finish Inspector Martha Shurtleff Inspector Viola Pike Inspector Ruth McLatch). Inspector t- irginia Warner Precinct Two Warden Elizabeth Clare Clerk Donna Alexson Inspector Owen Laflev Inspector Lois Smith Inspector Kenneth Smith Inspector Anna Alexson Inspector Mary Cushman Inspector Rita Casey 1: 30 p.m. to closing Precinct Three Warden Marjorie Modoono Clerk Mildred Cronin Inspector Alice Hopkins Inspector Lillian Drury Inspector Seymour Mandel Ins; ector Helen Euart Inspector Philip Pullen Inspector Gwendolyn Cram Precinct Four Warden Gulli Kula Clerk Richard Crawford Inspector Raymond Flynn Inspector Alfred Mattes Inspector Ruth Hamlin Inspector Eleanor Mattes Inspector Gladys Snyder Inspector Marlis Schratter Inspector William Casey T — - 37 STATE/PRESIDENTIAL ELECTION - TUESDAY. NOVEMBER 3. 1992 Precinct Five Warden Elizabeth Flynn Clerk Jacqueline Michelove Inspector Marcia Cormier Inspector Priscilla Winter Inspector Winifred Ivester Inspector Robert MacEwen Inspector Katherine Geanacopulos Inspector Phyllis Bradford Precinct Six Warden Cornelius Cronin Clerk Dorothy Boggia Inspector Ann Baum Inspector Evelyn Belbin Inspector Calvin Belbin Inspector Judith Goldman Inspector Mary Casey Inspector Robert Baum Inspector Patricia Byrnes-Parent Precinct Seven Warden A. Estelle Szalajeski Clerk Nancy Lou Hayes Inspector Alice Coletta Inspector Miriam Miller Inspector Barbara Davis Inspector Helen MacDonald Inspector Nicholas Hay Inspector Richard Transue Inspector Ruby Transue Precinct Eight Warden Catherine Jones Clerk Michael Barry Inspector Blanche Johnson Inspector Olive Samuel Inspector Elizabeth Sinclair Inspector Florence Murray Inspector Robert Greenway Inspector William Simmons Inspector Barbara Simmons Precinct Nine Warden John Taylor Clerk Carole Scalise Inspector Anne Taylor Inspector Carlton Higgirs Inspector Edith Paster Inspector Clark Cowen '--, Inspector Janet Lowther Inspector Edward Sullivan Inspector Rachel Higgins The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at 7 a.m. and remained open until 8 p.m. , at which ,..i.me, after due notice, they were declared closed, i 38 STATE/PRESIDENTIAL ELECTION - TUESDAY, NOVEMBER 3, 1992 The total number of registered voters in each precinct eligible to vote as of October 6, 1992, is as follows: PRECINCT REGISTERED DEM REP UNROLLED IND.VOTER VOTERS 1 1 2269 1013 379 867 9 2 2389 1189 333 859 7 "'1 3 2393 915 470 1001 6 4 2419 1032 425 955 7 5 2543 1004 470 1046 23 6 2195 986 444 758 6 7 2308 1033 373 896 6 8 2424 1001 47'1 918 25 9 2239 898 377 959 5 TOTALS 21179 9071 3748 8259 94 (Total includes the following: Pr.1 Socialist - 1 Pr.2 Socialist - 1 Pr.3 Socialist - 1 Pr.6 Libertarian - 1 Pr.8 Green - 2, Libertarian - 1 Recap sheets were delivered to the Board of Registrars in the Comptroller's Office. 85 % of the registered voters voted. f The Assistant Town Clerk and the membe-s of the Board of Registrars _. ea.nva.ssed the results as follows: _ -...4 TOWN JF L_XIN3TON TOWN WIDE TALLY FOR; PRESSTATE ELECTIONS PRINTED ON: 2.5-NOV-92 HELD ON; 3-N)V-92 VOTE COUNT REPORT TOTALS PR1 PR2 PR3 PR4 PR5 PR6 PR7 PRI PR9 VOTE COUNT: 13071 1933 2040 2039 2053 2173 1920 1973 2059 1331 41CIGTAX YES 12203 1142 1442 1320 1429 1457 1385 1419 1351 1258 NO 4446 576 450 547 428 560 416 446 553 463 -BLANKS 1422 213 148 172 196 156 119 108 155 155 92CORPTAX 1 YES 3576 363 1125 951 973 1029 906 979 1005 845 NO 6272 713 658 727 659 786 674 641 703 o39 -BLANKS 3223 357 357 361 421 358 340 337` 351 347 'i3PACKAGE YES 9270 834 1134 979 1097 1092 1056 1104 1061 913 NO 7298 661 751 561 762 925 742 758 325 310 -8LANKS 1503 23i 155 199 194 153 122 111 173 158 44HAZMAT YES 7303 711 906 757 856 873 803 796 874 715 NO 3653 923 395 1037 926 1067 922 998 953 932 '8LANKS 2115 292 239 245 271 233 190 179 2 23 T-- 05ENERGYAUTH 612 YES 6174 559 762 558 712 755 691 717 707 5---a NO 7449 33D 785 634 811 918 763 317 846 784 ' -BLANKS 4449 533 493 497 530 500 461 439 506 485 PRES/VP BUSH/OUAYLE 5 )01 576 480 5Q3 539 649 531 513 584 331 CLINT0N/G0RE 10)15 961 1273 1117 1194 1104 1093 1149 1103 1006 FULANI/MUNOY 33 2 2 4 4 3 1 2 - 10 HAGZLIN/TOMP<INS 14 3 3 1 2 3 1 1 LAROUCHE/BEVEL 5 1 1 2 1 MARROU/LORD 71 11 6 a 9 12 4 4 13 4 PEROT/STOCKDALE 2796 364 257 298 286 381 269 287 337 317 PHILLIPS/KNIGHT 12 1 1 5 1 1 1 2 3RIsEs N/GARS0.N 1 1 DODGE/ORMS5Y ALL OTHERS 12 1 3 1 1 1 1 1 .5 -8LANKS 111 17 8 15 14 20 11 9 9 8 r ' TOWN OF LEXINGTON OWN • WIDE TALLY FOR: PR SSTAT? ELECTIONS PRINTED ON: 25-NOV-92 39 i HELD ON: 1-NOV-92 VOTE COUNT REPORT TOTkLS PR1 PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9 REPCONG EDWARD J MARKEY 10167 1017 1227 1155 1208 1122 1113 1192 1125 1007 STEPHEN A SOHN 5594 585 551 529 608 725 617 572 669 533 ROBERT S ANTONELLI 1135 15? 117 127 103 146 176 88 127 90 ALL OTHERS 3 2 1 -.BLANKS 1172 172 145 126 134 178 13 121 137 146 COUNCILLOR VIRGIL J AIELLO 5525 60? 536 624 626 698 644 576 632 580 DOROTHY A KELLY GAY 725'3 720 869 939 831 805 737 380 347 730 ANTHONY PINI 1331 167 167 151 121 180 107 141 145 152 ALL OTHERS 3 1 1 1 ' -BLANKS 3954 437 468 424 474 490 432 376 435 418 SEROBETUAT _- ROBERT A HAVE.1'J III 3779 923 1100 1007 1009 969 910 1010' 993 356 . DOUGLAS J HOWARD 5124 665 554 686 670 798 688 639 712 651 ALL OTHERS 2 1 1 -BLANKS 3166 33? 356 346 374 406 322 323 356 344 REPGENCOURT STEPHEN W DORAN 12555 1295 1464 1372 1416 1462 1371 1'436 1447 1289 ALL OTHERS 14 2 3 1 2 2 1 3 -BLANKS 5502 635 574 664 636 709 547 537 611 589 SHERIFF JOHN P MCGONISLE 3116 349 1023 911 923 904 816 916 942 327 MICHAEL J DEVER 5950 642 560 702 645 769 676 627 634 645 ALL OTHERS 3 2 1 -BLANKS 4002 442 452 424 434 500 428 430 433 409 1 CTYCOMMISSION EDWARD J KENNEDY 7029 773 ?54 796 818 809 675 749 324 721 THOMAS J LARKIN 5910 69337 769 735 746 723 332 805 718 ' JAMES P REGAN 4975 510 477 574 563 602 598 523 587 541 EDWARD L WEIN6r.RG 4094 405 332 472 469 532 494 440 454 446 RICHARD S MAHONEY 1365 131 187 164 114 ' 179 133 120 147 140 ALL OTHERS a 2 2 -BLANKS 11755 1303 1333 1301 1357 1478 1217 1282 1301 1194 These figures included those absentee overseas ballots received by Y November 13, 1992, which were counted in a posted, public meeting r--- of the Board of Registrars. A true copy. Attest: , . Bernice H. Fallick, Town Clerk r-- 1 40 (WARRANT FOR TOWN ELECTION - SEE WARRANT FILE) ANNUAL TOWN ELECTION - MONDAY, MARCH 1, 1993 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, March 1 , 1993, at 7 a.m. The following places were designated as the voting places for \ the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Lexington Senior High School ; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Geren , Joseph Eatabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The Election Officers of the various precincts were assigned for duty as follows: Precinct One Warden Eileen Fradette Clerk Grace Campbell | Inspector Margaret Blouin Inspector Robert Blouin 6-l0u.m, & 3-end Inspector Martha Shurtleff Inspector Viola Pike Inspector Ruth McLatchy Inspector George Kalafatis Precinct Two Warden Elizabeth Clarke Clerk Donna Alexson ' l Inspector Owen Lafley Inspector Edith Paster Inspector Robert Greenwav Inspector Audrey Frazer Inspector Robert MacEwen Inspector Rita Casey 1: 30 p.m. to closing Precinct Three Warden Marjorie Modoono Clerk Mildred Cronin Inspector Alice Hopkins Inspector Lillian Drury Inspector Seymour Mandel Inspector Philip Pullen Inspector Gwendolyn Cram Inspector Helen Eoart Precinct Four Warden Gulli Kula Clerk Richard Crawford Inspector Raymond Flynn Inspector Alfred Mattes Inspector Ruth Hamlin Inspector Eleanor Mattes Inspector Gladys Snyder Inspector Marlis Suhruttor Precinct Five Warden Elizabeth Flynn Clerk Jacqueline Michelove Inspector Martha Zani Inspector Priscilla Winter Inspector Josephine Luther Inspector Winifred Ivester | Inspector Erma Jordon Inspector Dorothy Gauthier ^�� i (ANNUAL TOWN ELECTION, CONT. - MONDAY. MARCH 1. 1893) Precinct Six Warden Cornelius Cronin Clerk Dorothy Boggia Inspector Evelyn Belbin Inspector Mary Casey Inspector Katherine Geanauupvloo Inspector Marcia Cormier Inspector Olive Samuel Precinct Seven Warden A. Estelle Szalajeski Clerk Miriam Miller Inspector Barbara Davis Inspector Helen MacDonald Inspector Richard Transue Inspector Ruby Transue Precinct Eight Warden Frank Samuel Clerk William Simmons Inspector Blanche Johnson Inspector Elizabeth Sinclair Inspector Florence Murray Inspector Stella Laurendeau Inspector Barbara Simmons Precinct Nine Warden Gerald Abegg Clerk Carole Scalise Inspector Carlton Higgins Inspector Janet Lowther Inspector Edward Sullivan L . ! Inspector Myer Cohen Inspector Judith Schuler The election officers were sworn to the faithful performance of their dutiew. The polls were declared open in each precinct at 7 a,m, and remained open until 8 p.m. , at which time, after due notice, they were declared uloaed. The total number of registered voters in each precinct eligible to vote as of February 10, 1993, is as follows: PRECINCT REGISTERED DEM BEP UNROLLED VOTERS 1 2174 964 366 844 2 8301 1147 324 830 3 2320 899 450 970 4 2318 999 400 919 5 2453 963 452 1038 6 2107 955 430 721 7 2187 973 360 854 8 2304 960 451 887 9 2143 858 380 925 �� --------- TOTALS 20307 8718 3596 7988 --- (Total includes the following: 9r.3 Socialist - 1 Pr.6 Libertarian - 1 Pr.8 Green - 2, Libertarian - 1 Recap sheets were delivered to the Board of Registrars in the Comptroller's Office, 39% of the registered voters voted. The Town Clerk and the members of the Board of Registrars canvassed the results as follows. -- ----- TOWN WIDE TALLY FOR: LOCAL ELECTIONS PRINTED ON: 02-MAR-93 42 HELD ON: 1-MAR-93 WINNERS REPORT TOTALS PR1 PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9 VOTE COUNT: 7846 801 855 794 969 918 941 827 978 763 SELECTMAN ->DANIEL P. BUSA, JR. 4031 533 423 362 442 523 436 380 521 411 ->DAN H. FENN, JP. 3737 295 461 441 504 394 492 419 452 329 ELIZABETH B. EDDISON 2440 139 317 27' 370 247 362 281 265 188 NICHOLAS D. SANTOSUOSSO 1766 176 141 171 232 186 200 197 254 209 JOHN HAYWARD 1116 131 112 89 116 163 140 130 115 120 ALL OTHERS 8 1 3 2 1 1 MODERATOR ->MARGERY M. SATTIN 4321 440 552 502 596 549 601 532 578 471 ALL OTHERS 16 2 3 5 4 2 SCHOOL CCMMITTEE ->JOSEPH J. DINI 3635 463 381 343 413 484 366 353 450 382 SHELDON A. SPECTOR 3229 239 383 352 440 323 470 374 366 282 ALL OTHERS 3 1 1 1 ROBERT H HUTCHINSON 1 1 PLANNING BOARD ->RICHARD L. CANALE 3996 320 467 454 492 393 510 448 483 429 JAMES A. NICOLORO 1619 245 155 162 189 228 156 138 194 149 ALL OTHERS 3 1 1 1 LEXINGTON HOUSING AUTHORITY ->JOHN E. RYAN 4094 392 445 414 485 489 482 419 516 452 ALL OTHERS 1 1 QUEESTION 1 - CONDOMS ->YES 3007 271 363 330 361 337 371 352 348 274 NO 2512 264 264 202 298 321 292 250 338 283 PR.1 TOWN MEETING MEMBERS ->JAMES A. CATALDO 415 --1 ">NANCY M. ADLER 365 ▪>MARSHA F. BYRNES 355 >ALBERT P. ZABIN 354 >PAUL G. TOPALIAN 347 ...›JOHN E. CURRY 294 ->SAM V. NABLO 268 ->RONA G . COHEN 246 PAUL NESBEDA 243 DANIEL ZIEDELIS 204 KATHY OPAR 2 JACK RADLO 1 JONATHAN G COLE 1 HENRY ZUERNDORFER 1 PR-2 TOWN MEETING MEMBERS >CHRISTINA J . WELCH 527 _>CAROLYN C. WILSON 492 >DANIEL A. LUCAS 470 >JOHN R. HOLT 435 >LEONORA K. FEENEY 400 ...›PAUL H. LAPOINTE 398 >EVELYN S. LEES 395 DAVID W. BURKE 313 GRATTEN BALDWIN 1 CHARLES BALDWIN 1 i PR-3 TOWN MEETING ME"'.:ERS 43 ->GLORIA V. HOLLAND 449 ->RUTH F. SOUZA 420 ->JOHN P. CARROLL 405 ->ERNA S. GREENE 400 ->ERIC JAY MICHELSON 366 ->RICHARD L. NEUMEIER 331 ->FRANCIS W. K. SMITH 308 ->DON J . J. CORDELL 298 PAUL E. KEANE 297 ROBERT COHEN 1 PR-4 TOWN MEETING MEMBERS ->DONALD A. CHISHOLM 577 ->LOIS J . COIT 541 ->MARGARET F. RAWLS 525 ->NICHOLAS SANTOSUOSSO 510 ->MARTIN K. WHITE 484 ->PETER DAVID ENRICH 484 ->RONALD W. COLWELL 477 ->L. GAIL COLWELL 467 ->ARTHUR C. SMITH 415 THORNE GRISCOM 332 1 AMY CONTRADA 6 1 M. ZELNICK 1 PR-5 TOWN MEETING MEMBERS ->ELAINE DRATCH 490 475 90 ->WALLACE CUPP 464 ->JOHN HAYWARD 438 t_- - -> PHRAIM WEISS 432 ->JOSEPH F . GILBERT JR ->DAVID G. WILLIAMS 422 422 ->FRANK E. KIRKLAND 120 393 ->ANDREW FRIEDLICH 78 RICHARD CORAllINI 2 LEO FELDMAN ARTHUR SILVA 1 2 2 JENNIFER SCHIMP 1 WALTER WILLIAMS 1 STUART TABOR 1 FLORENCE BATURIN FRANK FINKLE 1 I STEVEN COLANGELO 1 JEFF CORAllINI 1 ELAINE DORAN 1 GUY DORAN PR-6 TOWN MEETING MEMBERS 547 ->MORTON G. KAHAN 494 ->H, BIGELOW MOORE 462 ->DAVID G, MILLER 389 ->PETER DIAMOND 384 >RONALD B. PAWLICZEK 356 ->WILLIAM B. SIMMONS 356 ->MICHAEL R. BARRY 340 JONATHAN T. LONGLEY 330. EDWARD G. SIMEONE 239 WARREN ROBERTS 1 JACQUI WEINSTOCK SCOTT LEVINGSTON 1 RICHARD PAGETT 44 PR-7 TOWN MEETING MEMBERS —>CATHERINE M. D. ABBOTT 488 >JACOUELYN H. WARD 436 —>MARTHA C. WOOD 435 —>ROBERT M. FARIAS 416 ->JOHN E. TAYLOR 406 —>AUDREY J . FRIEND 406 >JAMES C. WOOD JR 361 ANJAN MUKHERJEE 323 RICHARD T. HOWE 322 PATRICIA SCULLY 1 PR-8 TOWN MEETING MEMBERS —>RICHARD A. MICHELSON 519 ▪>RCGER F. BORGHESANI 494 —>FLORENCE E. CONNOR 481 >IONE D. GARING 454 —>MARIA CONSTANTINIDES 420 -°>MARGARET SCHWARTZ 415 >JACK SARMANIAN 361 MICHAEL SACCO 296 CHARLES HORNIG 260 GEZA SZONYI 185 PAUL JENKINS 4 DOUGLAS YEO 1 PR-9 TOWN MEETING MEMPLRSI] —>ELIZABETH Be EDDISON 423 ->JANICE A. KENNEDY 420 —>ALICE J . ADLER 389 —>ISABEL H. MROCZKOWSKI 349 —>RICHARD SCHAYE 340 >JAMES A. HESTER JR 338 —>MICHAEL E. SCHROEDER 325 LORETTA PORTER 29 KEN ALVES 4 KEN COLLINA 2 STEVE ANDOLORO 1 A true copy. Attest: Town Clerk l 45 1993 ANNUAL TOWN MEETING - MARCH 29 . 1993 The meeting was called to order by Moderator Margery M . Battin, at 8 p .m. , in Cary Memorial Hall , followed by the invocation. A quorum was present. The Meeting observed a moment of silence in memory of members Frederick Frick and John Eddison. Town Clerk Bernice Fallick react the Town Warrant until waived and the Constable ' s Return . The Moderator stated that Article 42 would be brought up out of order. ARTICLE 42 BIKE PATH MOTION : That the portion of the Minuteman Bikeway that lies within the Town of Lexington be named the Jack Eddison Bikeway and that the Selectmen be and passed they hereby are authorized to petition the General see below Court for an act to commemorate the naming . 8 : 08 p .m. Presented by Selectman William Dailey, Jr . Following a voice vote at 8 : 08 p .m. , the Moderator declared unanimous passage . fl The Moderator outlineci_ procedures and conduct of the Meeting . ARTICLE 2 REPORTS OF COMMITTEES 8 : 20 p.m. Selectman Dailey requested that Town Manager Richard White be recognized and moved that the report of the Town Manager be accepted and placed on file . Following a voice vote at 8 : 20 p .m. , the Moderator declared the report to have been accepted and placed file . Mr . White presented his report . 8 : 36 p . m . Lois Coit presented the report of the School Committee and asked that the Moderator recognize Jeffrey Young , Superintendent of Schools . 8 : 59 p.m. Dr . Young commented on the School Budget and the process . 9 : 12 p. m. William Dailey , Jr . , Chairman of the Board of Selectmen explained the Board ' s viewpoint . 9 : 21 p.m. George Burnell , Chairman of the Appropriation Committee , moved that the report of the committee be accepted and placed on file . Following a voice vote at 9 : 21 p . m . , the Moderator declared the report to have been accepted and placed file . Mr . Burnell presented the report . 46 ( 1993 ANNUAL TOWN MEETING, CONT. - MARCH 29 . 1993 ) 9 : 27 p.m. Paul Hamburger, Chairman of the Capital Expenditures Committee , moved that the report of the committee be accepted and placed on file . . 1 Following a voice vote at 9 : 27 p.m. , the Moderator declared the report to have been accepted and placed on file . Mr. Hamburger presented the report. ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES MOTION : That a committee of three be appointed by the Moderator to have the charge of the lectures passed under the wills of Eliza Cary Farnham and Suzanna see below E. Cary for the current year. 9 : 35 p.m. Presented by Selectman Dailey. Following a voice vote at 9 : 35 p .m. , the Moderator declared passage . ARTICLE 4 OPERATING BUDGET MOTION : That the following amounts be appropriated see for the ensuing fiscal year and be raised in the amendments tax levy except where a transfer is indicated they p.47,p48 shall be provided by such a transfer. p.53 9 : 36 p.m. Presented by Selectman Dailey. The Moderator read the following line item: Schools 1100 Public School-Education $29 , 064 , 743 There were questions and answers as to the process by which the amount was decided . The Moderator continued : 1200 Regional Vocational Technical School 681 , 657 9 : 49 p. m. The Moderator recognized Nyles Barnert who spoke as Lexington' s representative to Minuteman Vocational Technical School . There were questions and answers , especially concerning post-graduate assessments . 10 : 23 p. m. Discussion returned to Line Item 1100 . 10 : 39 p.m. William Dailey, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday, March 31 , 1993 , at 8 : 00 p . m. , in Cary Hall . Following a voice vote at 10 : 39 p. m. , the Moderator declared the meeting to be adjourned . • A true copy. Attest : .✓� � Bernice H . Fallick, Town Clerk 47 ADJOURNED SESSION - 1993 ANNUAL TOWN MEETING MARCH 31 . 1993 The meeting was called to order by Moderator Margery M. Battin, at 8 : 06 p . m. , in Cary Memorial Hall , followed by the invocation. A quorum was present . The Moderator welcomed students from Mexico and France . 8 : 10 p.m. Carolyn Wilson, P2 , moved that the report of the Cary Lecture Committee be accepted and placed on file and that the committee be discharged. Following a voice vote at 8 : 10 p.m. , the Moderator declared unanimous passage . Mrs . Wilson asked that the Moderator recognize Raymond Culler, Cary Lecture Committee , who presented the report. 8 : 16 p.m. The Moderator declared a formal recess. The Moderator and several citizens spoke in praise of Mr. Culler' s service and presented him with commemorative gifts . The Moderator appointed Mr. Culler Member Emeritus for Life of the Cary Lecture Committee . 8 : 25 p.m. The Moderator declared the meeting back in session. L I ARTICLE 4 OPERATING BUDGET MOTION : That the following amounts be appropriated for the ensuing fiscal year and be raised in the tax levy except where a transfer is indicated they shall be provided by such a transfer. The Moderator returned to the following line item: Schools 1100 Public School-Education $29 , 064 , 743 There was discussion as to strategic planning , possible future money from the school choice program, and jurisdiction . Employee Benefits 2110 Contributory Retirement 2 , 228 , 728 2120 Non-Contributory Retirement 160 , 000 2130 Insurance 5 , 261 , 507 8 : 53 p.m. Paul Lapointe , Appropriations Committee , outlined the Health Insurance program and the need for further study. 9 : 04 p.m. George Burnell , Appropriations Committee , made the following motion: that Line Item 2130 be amended to read $4 , 861 , 507 passed see p.48 Unanimous support of the Selectmen for the amendment was stated while the School Committee stated it had no position . There was discussion as to liability, transfers from the Reserve Fund , and explanations as to process . 48 (ADJOURNED SESSION , A .T.M . , CONT. - MARCH 31 , 1993 ) 9 : 29 p.m. Ephraim Weiss , P5 , stood to offer a substitute motion which would have put the content of Mr. Burnell ' s motion in the form of a resolution. The Moderator declared Mr. Weiss's amendment out of order. Following a voice vote at 9 : 32 p. m. on Mr. Burnell ' s motion, the Moderator declared passage . Sufficient members stood to doubt the voice vote and the Moderator called for a standing vote which was tallied as follows : Precinct Yes No Abstain 1 7 8 2 6 11 3 11 5 4 11 7 5 9 6 6 7 7 A 7 5 8 8 10 8 9 13 6 At large 20 3 Totals 99 69 9 : 37 p.m. The Moderator declared Mr. Burnell ' s motion to have passed. The Moderator continued the reading of the line items : 2140 Unemployment Benefits 75 , 000 Debt Service 2210 Payment on Funded Debt 1 ,407 , 250 2220 Interest on Funded Det-::. 586 , 504 2230 Temporary Borrowing 100 , 000 2240 Exempt Debt 1 , 591 , 082 There were questions and answers on 2220 , 2230 , 2240 . Operating Articles 2310 Reserve Fund 200 , 000 passed see below 9 : 43 p.m. George Burnell , Appropriations Committee , made the following motion: that Line Item 2310 be amended to read $600 , 000 Following a voice vote at 9 : 47 p.m. , the Moderator declared passage . of the amendment. 2320 Municipal Salary Adjustments 200 , 000 ( Such sum of $200 , 000 is appropriated 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. The amount voted is to be distributed among personal services accounts as authorized by the Board of Selectmen. ) 49 (ADJOURNED SESSION. A. T.M. . CONT . - MARCH 31 . 1993 ) 1 Public Works Department 3000 DPW Personal Services 2 , 108 , 019 ,,._. (Of which $20 , 000 is to be transferred from the Parking Meter Fund and $176 ,088 is to be transferred from the Cemetery Trust Funds . ) - 3000 DPW General Expenses 3 ,441 , 916 (Of which $96 , 436 is to be transferred from the Parking Meter Fund . ) 3600 Water Enterprise 4 , 409 , 932 (And that to raise such amount $4 , 409 , 932 be transferred from the Water Enterprise Fund , ) 3700 Sewer Enterprise 6 , 122 , 563 (And that to raise such amount $6 , 122 , 563 be transferred from the Sewer Enterprise Fund. ) There were numerous questions and answers as to specifics within the line items . 10 : 49 p. m. Arthur Smith , P4 , moved that the meeting be adjourned until Wednesday, April 7 , 1993 , at 8 : 00 p.m. , in Cary Hall . Following a voice vote at 10 : 49 p.m. , the Moderator declared the meeting to be adjourned. A true copy. Attest : Bernice H . Fallick, Town Clerk _ 50 ADJOURNED SESSION - 1993 ANNUAL TOWN MEETING APRIL 7 , 1993 The meeting was called to order by Moderator Margery M . Battin , at 8 : 06 p . m . , in Cary Memorial Hall , followed by the invocation . A quorum was present . A eulogy was given by Robert Farias in memory of Matthew Santosuosso and a moment of silence was observed , 8 : 13 p.m. The Moderator declared a Formal Recess . The Town Celebrations Committee made a presentation on World War II commemorations . 8 : 18 p . m . The Moderator called the meeting back to order . The Moderator continued with Article 4 Operating Budget : 8 : 27 p. m . Joel Adler , Pl , made the following motion. not passed that Line Item #3000 DPW General Expenses be amended see below to read $3 , 442 , 616 ( an increase of $700 ) Mr . Adler explained his desire to see the island in village Circle mowed by the town . 8 : 29 p . m . William Dailey, Chair , Board of Selectmen , stated that this was a dangerous precedent , and the Board was unanimously opposed . 8 : 30 p. m . George Burnell stated the unanimous opposition of the Appropriations Committee . Following a voice vote at 8 : 30 p.m . , the Moderator declared the motion offered by Mr . Adler not to have passed . There were questions and answers as to budget procedures . The Moderator continued . Public Safety 4100 Combined Dispatch Personal Services 167 , 677 4100 Combined Dispatch Expenses 15 , 000 4200 Law Enforcement Personal Services 2 , 398 , 642 ( Of which $99 , 716 is to be transferred from the Parking Meter. Fund , ) 4200 Law Enforcement Expenses 268 , 650 ( Of which $3 , 848 is to be transferred from the Parking Meter Fund . ) 8 . 58 p . m . Sheldon Spector , P6 , made the following -� motion : that Article 4 , Line Item 4200 be increased from not passed $2 , 398 , 642 to $2 , 403 , 283 see p.51 Discussion followed . 9 : 06 p .m . The Appropriation Committee stated unanimous opposition . William Simmons , P6 , moved the question . 51 (ADJOURNED SESSION . A .T . M. , CONT . - APRIL 7 . 1993 ) Following a voice vote at 9 : 06 p .m. as to whether the question should be put , the Moderator declared the question to be before the Meeting . Following a voice vote at 9 : 06 p . m. , the Moderator declared the motion offered by Mr , Spector not to have passed . Fire Services 4300 Fire Department Personal Services 2 , 531 , 341 4300 Fire Department Expenses 199 , 218 There were questions as to privatization of services . Library Services 5100 Library Personal Services 947 , 669 5100 Library Expenses 223 , 819 5200 Recreation Enterprise 959, 655 (And that to raise such amount $959 , 655 be transferred from the Recreation Enterprise Fund. ) There were questions and answers concerning enterprise r-- funds and budget procedures . 5300 Celebrations Committee 12 , 506 5400 LEXPRESS/Transportation 255 , 850 (Of which $80, 000 is to be transferred from the Parking Meter Fund . ) Council on Agin 6100 Council on Aging Personal Services 84 , 726 6100 Council on Aging Expenses 106 , 468 Veterans 6200 Veterans Administration 19 , 812 6200 Veterans Expenses 40 , 455 Human Services 6310 Services for Youth 67 , 800 6320 Service to Developmentally Disabled 10 , 457 Inspectional Services fl 7110 Building Inspection Personal Services 161 , 140 7110 Building Inspection Expenses 4 , 300 7120 Board of Appeals Personal Services 25 , 179 7120 Board of Appeals Expenses 730 7130 Conservation Personal Services 56 , 181 7130 Conservation Expenses 6 , 480 7140 Historic Districts Commission 3 , 150 7150 Public Health Personal Ser\ ices 95 , 391 7150 Public Health Expenses 22 , 984 7160 Nursing Services 7 , 500 7170 Animal Control/Rabies Clinic Personal Service5 , 398 7170 Animal Control/Rabies Clinic Expenses 9 , 224 Community Development 52 (ADJOURNED SESSION , A . T . M . , CONT , -- APRIL 7 , 1993 ) 7210 Planning Personal Services 114 , 447 7210 Planning Expenses 6 , 600 General Government 8110 Selectmen Personal Services 30 , 502 8110 Selectmen Expenses 10 , 600 8120 Town Manager Personal Services 189 , 758 8120 Town Manager Expenses 14 , 056 Town Manager Jurisdictional 8130 Temporary Help & Overtime 38 ,400 8130 Clerical Pool 13 , 000 8130 Fire. & Police Medical 35 , 430 8130 Out of State Travel 4 , 030 8130 General Professional Services 68 , 010 8130 Director of Guides 1 , 500 8130 Tuition & Training & Instate Travel 31 , 000 8140 Town Report 4 , 800 Legislative 8210 Appropriation Committee Expenses 735 8220 Miscellaneous Boards & Committees Expenses 6 , 075 Finance — � 8310 Comptroller Personal Services 158 , 991 8310 Comptroller Expenses 127 , 777 8320 Treasurer/Tax Collector Pk_rsonal Services 58 , 323 8320 Treasurer/Tax Collector Expenses 14 , 425 And further that the Treasurer and Collector is hereby authorized to enter into compensating balance agreements during fiscal years 1994 , 1995 and 1996 , as permitted by General Laws Chapter 44 , Section 53F, And further that the Treasurer and Collector or other department heads , with the approval of the Selectmen , are authorized to enter into contracts to identify and pursue federal reimbursements and other sources of funding for municipal programs and activities as permitted by General Laws Chapter 44 , Section 70 . 8330 Assessors Personal Services 136 , 319 8330 Assessors Expenses 3 , 750 And further that for purposes of Clause 41A of Section 5 of Chapter 59 the maximum qualifying gross receipts amount shall be $40 , 000 . 8340 Data Processing Expenses 37 , 500 Staff 8410 Legal Fees & Expenses 185 , 000 8420 Town Clerk Personal Services 103 , 276 8420 Town Clerk Expenses 2 , 630 8430 Board of Registrars Personal Services 1 , 825 8430 Board of Registrars Expenses 24 , 350 8440 Elections Personal Services 20 , 922 8440 Elections Expenses 17 , 925 Discussion followed as to this year ' s budget process and 53 ( A=URgED SESSION , A . T . M . CONT , - APRIL 7 , 1993 ) the debates which had occurred . 10 : 23 p , m , Jay Kaufman , P8 , m,:.,oe the following motion: passed see below The motion under Article 4 shall be amended by inserting at the end thereof the following resolution: Be it resolved that Town Meeting. endorses the development of a budget-planning process to include , but not be limited to , the following : 1 A program of community discussions in cooperation with civic , religious , business , school , and other community organizations , to debate and clarify core values and program priorities to guide the town' s budgeting process , 2 Joint meetings of the Board of Selectmen, School Committee , Appropriation Committee , Capital Expenditures Committee , Town Manager and Superintendent to discuss anticipated revenue and expense projections of FY 1995 and for the next 3-5 years , budget priorities given those projections , opportunities for privatization and regionalization of services , and areas of consensus or disagreement about both FY t9,21: programs and long-term goals , and to prepare a report . 3 A TMMA meeting to solicit comments on and reactions to the report . 4 The Selectmen ' s and School Committee ' s budget to be completed in time for Appropriation Committee public hearings to explore details of both and to prepare a report exploring options and alternatives for Town Meeting ' s consideration . 5 While we encourage ongoing and open communication between the Board of Selectmen and School Committee , to the extent that the two boards do not arrive at consensus about an overall budget , each board should candidly develop and present , the specific adjustments each would recommend to its part of the budget if its recommendations on the overall budget are not adopted by Town Meeting , The Appropriations Committee should review these alternatives and , ir necessary , develop additional options and make recommendations in advance of Town Meeting , 10 : 29 p . m. Selectman Dailey stated that the Board supported the spirit of the resolution , The Appropriations Committee , the School Committee , and the Capital Expenditures Committee concurred . 10 : 42 p , m , Fred Rosenberg , P9 , moved the question . Following a voice vote at 10 : 42 p. m . as to whether the question should be put , the Moderator declared the question to be before the meeting . Following a voice vote at 10 : 42 p , m, , the Moderator declared the motion offered by Mr . Kaufman to have passed . Following a voice vote at 10 : 12 p . m . , the Moderator declared Article 4 to have passed unanimously . 1 54 ( ADJOURNED SESSION , A . T . M . , CONT . - APRIL 7 , 1993 ) 10 : 42 p . m. George Burnell , Appropriations Committee , served Notice of Reconsideration on Article 4 . 10 : 43 p . m . Notice of Reconsideration was served on the following line items James Nicoloro , P1 , 6100 Council on Aging Expenses Carolyn Tiffany , P8 , 8130 Town Manager General Professional Services Karsten Sorensen, P4 , 2130 Insurance Vicky Schwartz , P3 , 7170 Animal Control/Rabies Clinic Expenses Eric Michelson , P3 , 4100 Combined Dispatch Personal Services Ephraim Weiss , P5 , 3600 Water Enterprise 3700 Sewer Enterprise 5200 Recreation Enterprise Robert Whitman , P6 2310 Reserve Fund 10 : 46 p . m . William Dailey , Chairman of the Board of Selectmen , moved that the meeting be adjourned until Monday , April 12 , 1993 , at 8 : 00 p. m . , in Cary Hall . Following a voice vote at 10 : 46 p . m. , the Moderator declared the meeting to be adjourned . / A true copy . Attest : Bernice H . Fallick, Town Clerk 1 55 ADJOURNED SESSION - 1993 ANNUAL TOWN MEETING APRIL 12 , 1993 The meeting was called to order by Moderator Margery M . Battin, at 8 : 05 p.m . , in Cary Memorial Hall , followed by t^ the invocation. I A quorum was present . ARTICLE 2 REPORTS 8 . 10 p. m . Donald Chisholm moved that the report of the Recreation Enterprise Fund be accepted and placed on file . Following a voice vote at 8 : 10 p. m. , the Moderator declared the report to have I .fn accepted and placed file . Mr , Chisholm presented the report , 8 : 22 p.m. Peter Enrich, P4 , moved that Article 36 be brought up at this time . Following a voice vote at 8 : 22 p. m. , the Moderator declared Article 36 to be before the Meeting. r ARTICLE 36 AMEND GENERAL BY-LAWS/BICYCLE HELMETS �---. MOTION : That Section 7 of Article XXV of the not passed General By-Laws be amended as set forth in the see below article . & p. 56 To see if the Town will vote to amend Section 7 of Article XX/ of the General By-Laws by adding a new paragraph between the existing second and third paragraphs as follows : "The operator of any non-motorised bicycle under the age of eighteen shall wear a helmet. " After presenting the motion, Mr. Enrich asked the Moderator to recognize the 5th Grade of Fiske School who presented the pros and cons . 8 : 32 p. m . Selectman McSweeney stated how difficult it was for the Board not to support the motion, but that with a new bikeway opening , the timing was not appropriate . 8 : 40 p .m. Chief of Police Paul Furdon stated that education was uppermost over enforcement . 8 : 51 p . m. Edith Sandy , P6 , moved the following : j Refer this matter to the Board of Selectmen for the passed purpose of consulting with the School Committee , Police see p.56 Department and Bicycle Safety Committee to develop a plan to encourage bicycle helmet use and report back to the 1994 Town Meeting . Following a voice vote at 8 : 52 p. m. , the Moderator declared the matter to have been referred to the Board of Selectmen . Sufficient members stood to doubt the vote , The Moderator called for a standing vote which was tallied as follows : 56 (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 12, 1993 Precinct Yes No Abstain 1 6 10 2 10 5 3 2 13 4 10 6 5 16 1 6 11 3 7 12 5 8 8 9 9 13 4 At large 10 12 Totals 98 68 8 : 57 p.m. The Moderator declared the matter referred to the Board of Selectmen. ARTICLE 5 SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR ( FY 93 ) passed MOTION : That the sum of $40 , 000 be see below appropriated to line item 8410 of the current fiscal year ' s budget , and to raise such amount $40 , 000 be transferred from receipts reserved for appropriation . 8 : 59 p.m. Presented by Selectmn Busa. 9 : 02 p . m. George Burnell , Approp iation Committee , stated majority support . Following a voice vote at 9 : 02 p.m. , the Moderator declared passage . indefinitely ARTICLE 6 PRIOR YEARS ' UNPAID BILLS postponed see below MOTION : That this article be indefinitely postponed , 9 : 03 p. m. Presented by Selectman Busa. Following a voice vote at 9 . 03 p.m. , the Moderator declared postponement . ARTICLE 7 SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED �1 1 CAPITAL IMPROVEMENT PROJECTS , MOTION : That this article be indefinitely indefinitely postponed , postponed see below 9 : 03 p . m . Presented by Selectman Busa. Following a voice vote at 9 : 03 p.m . , the Moderator declared unanimous passage . 57 (ADJOURNED SESSION, A. T .M . . CONT . - APRIL 12 . 1993 ) ARTICLE 8 WATER MAINS MOTION : That the Selectmen be and they hereby are authorized to install new or replacement water mains and line and reline 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 passed to take byeminent domain , see below purchase or otherwise acquire any fee , easement or other interest in land necessary therefor ; to appropriate $1 , 190 , 000 for such installation and lining and land acquisition; and to raise such amount $1 , 190 , 000 be transferred from the Water Enterprise Fund . 9 : 04 p, m , Presented by Selectman Smith who outlined the specific streets , 9 : 08 p. m . Paul Lapointe , Appropriation Committee , stated the Committee ' s desire to propoFe an alternate method of financing . 9 : 13 p , m. George Burnell , Appropriation Committee , presented the following : r-- SUBSTITUTE MOTION : That the Selectmen be and they hereby are authorized to install new or replacement water mains and line and reline water mains in such accepted or unaccepted streets or other land as the not passed ; Selectmen may determine , subject to the assessment of see below betterments or otherwise , and to take by eminent domain, purchase or otherwise acquire any fee , easement or other interest in land necessary therefor ; to appropriate $1 , 190 ,000 for such installation ad lining and land acquisition ; and to raise such amount $250 , 000 be transferred from the Water Enterprise Fund and the Treasurer with the approval of the Selectmen is authorized to borrow, $940 , 000 under G. L. c. 44 , s . 8 ( 5 ) ; and that the Selectmen are authorized to apply for , accept , expend , and borrow in anticipation of federal and state aid for such projects . 9 : 1.3 p. m . The Board of Sei ?.ctmen and the Capital E\penditures Committee expressed support. Discussion followed , 9 : 27 p. m. Fred Rosenberg , P9 , moved the question. Following a voice vote at 9 : 27 p. m. , the Moderator declared the question to be before the Meeting . Following a voice vote at 9 : 27 p. m. , the Moderator declared that substitution did not prevail . Following a voice vote at 9 : 28 p. m-. , the Moderator declared passage of the motion offered by Selectman Smith , 58 (ADJOURNED SESSION . A. T , M . , CONT . - APRIL 12 , 1993 ) ARTICLE 9 PUBLIC WORKS EQUIPMENT MOTION : That the sum of $145 , 218 be appropriated for the purchase by or with the passed approval of the Selectmen of equipment for the see below Department of Public Works, and to raise such amount $65 , 218 be raised in the tax levy and $40 , 000 be transferred from the Water Enterprise Fund and $40 , 000 from the Sewer Enterprise Fund . 9 : 29 p , m . Presented by Selectman McSweeney. 9 : 31 p . m . Richard Spiers , DPW, presented additional information , 9 ' 34 p.m . Ronald Grammont , Capital Expenditures Committee , stated unanimous approval . 9 : 35 p, m. Paul Hamburger , Capital Expenditures Committee , served Notice of Reconsideration on Article 8 Water Mains . 9 : 39 p . m. Paul Hamburger made the following motion: to amend the motion under Article 9 by adding at the end -, the following : "Further , it is resolved that : not passed If by the start of the Annual Town Meeting of 1994 the see below Board of Selectmen is required to reallocate from various fiscal year 1994 accounts less than $179 , 000 to support the school budget , then the Board of Selectmen shall recommend allocation to the purchase of Public Works vehicles ( from fiscal 1994 budget accounts to be determined by the Board ) the lesser of $107 , 782 or The amount by which the school reallocation is less than $179 , 000 . 9 : 41 p .m, Selectman Dailey stated the Board' s opposition . 9 : 45 p. m . George Burnell , Appropriation Committee , stated majority opposition . Following a voice vote at 9 : 53 p .m . , the Moderator declared the motion offered by Mr. Hamburger not adopted. 9 : 53 p . m . George Burnell , Appropriation Committee , stated majority support on the original motion . 9 : 53 p . m . Selectman McSweeney stated unanimous support of the Board . Following a voice vote at 9 : 54 p.m. , the Moderator declared unanimous passage . 9 : 58 p , m . Paul Hamburger , Capital Expenditures Committee , served Notice of Reconsideration on Article 9 . 59 (ADJOURNED SESSION ,. A. T . M . . CONT . - APRIL 12 , 1993 ) ARTICLE 10 STREET IMPROVEMENTS MOTION : That the Treasurer with the approval of the Selectmen be authorized to issue Highway Reimbursement Notes of the Town under G. L , c . 44 , sec . 6 , as amended , in anticipation of passed reimbursement by the Commonwealth for highway see below reconstruction and improvements under the authority of Chapter 90 of the General Laws as funded , and that not - 3 issued for a shorter period than two years may be refunded by the issue of new notes maturing within two years from the date of the original obligation , and that the Selectmen are authorized to accept highway funds from all sources including the $500 , 000 allocated under Chapter 33 of the Acts of 1991 which are hereby appropriated for highway purposes . 9 : 54 p. m, Presented by Selectman McSweeney. 9 : 58 p. m , George Burnell , Appropriation Committee , stated unanimous support . 9 : 58 p. m. Ronald Grammont , Capital Expenditures Committee , stated unanimous approval . Following a voice vote at 10 : 01 p . m . , the Moderator declared unanimous passage , 10 : 01 p . m, Paul Hamburger , Capital Expenditures Committee , served Notice of Reconsideration on Article 10 . ARTICLE 11 SANITARY SEWERS MOTION : That the Selectmen be and they hereby are authorized 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 passed Chapter 504 of the Acts of 1897 , and acts in see below addition thereto and amendment thereof , or otherwise , and to take by eminent domain, purchase or otherwise acquire any fee , easement or other interest in land necessary therefor ; to appropriate for such installation and land acqui.siLion the sum or $210 , 000 and to raise r--- such amount. $210 , 000 be transferred from the Sewer Enterprise Fund ; and to authorize the 1 Selectmen to apply for, accept , expend and borrow in anticipation of federal and state aid for such sewer projects . 10 : 01 p.m. Presented by Selectman Smith who stated the unanimous support of the Board . 10 : 04 p . m . George Burnell , Appropriation Committee , stated unanimous support . 10 : 04 p . m . Ronald Grammont , Capital Expenditures Committee , stated unanimous support . 1 60 (ADJOURNED SESSION , A , T , M . , CONT. - APRIL 12 , 1993 ) Following a voice vote at 10 : 07 p. m . , the Moderator declared unanimous passage . 10 . 07 p . m . Paul Hamburger Capital Expenditures J Committee , served Notice of Reconsideration on Article 11 . ARTICLE 12 INFILTRATION REMOVAL MOTION : That the sum of $350 , 000 be appropriated for the construction or reconstruction of sewers , sewerage systems and sewage disposal facilities , consisting of passed infiltration/inflow improvements ; that to meet see below this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $350 , 000 under G. L . c . 44 , §7 ( 1 ) ; that the Treasurer with the approval of the Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts Water Resources Authority ( "MWRA" ) and in connection therewith to enter into a loan agreement, and/or security agreement with the MWRA with respect to such loan; and that the Selectmen be authori." d to contract for and expend any federal , state or other aid ~+ available for the project , including any grant related to such project from the MWRA. 10 : 08 p. m. Presented by Selectman Smith. 10 : 10 p. m. George Burnell , Appropriation Committee , stated unanimous support . 10 : 10 p. m . Ronald Grammont , Capital Expenditures Committee , stated unanimous approval . Following a voice vote at 10 : 11 p. m . , the Moderator declared unanimous passage , 10 : 11 p . m . Paul Hamburger , Capital Expenditures Committee , served Notice of Reconsideration on Article 12 . ARTICLE 13 INTERMUNICIPAL AGREEMENT WITH BEDFORD MOTION: That tze Selectmen be and they passed are hereby authorized to enter into an see below agreement with the Town of Bedford to furnish water through facilities located in Lexington and to petition the General Court for an act to permit such an agreement for a period of up to ninety-nine years , 10 : 11 p . m . Presented by Selectman Dailey who stated the unanimous support of the Board . There was considerable discussion as to termination conditions , liability , compensation. 10 : 34 p . m . Frank Sandy, P6 , moved the question. Following a voice vote at 10 ' 34 p. m. , the Moderator stated the question to be before the Meeting . 61 (ADJOURNED SESSION , A . T .M . , CONT . - APRIL 12 , 1993 ) Following a voice vote at 10 35 p. m. , the Moderator declared passage . 10 : 35 p , m. George Burnell served Notice of Reconsideration on Article 13 . ARTICLE 14 NESWC MOTION : That this article be indefinitely postponed , indefinitely 10 : 35 p. m. Presented by Selectman Smith. postponed see below Following a voice vote at 10 : 35 p. m. , the Moderator declared passage . 10 : 35 p.m. William Dailey, Chairman of the Board of Selectmen, moved that the meeting be adjourned until , April 14 , 1993 , at. 8 : 00 p. m . , in. Cary Hall . Following a voice vote at 10 . 35 p. m . , the Moderator declared the meeting to be adjoirned. A true copy. Attest : / ' / r"` Bernice H . Fallick, Town Clerk 62 ADJOURNED SESSION - 1993 ANNUAL TOWN MEETING APRIL 14 , 1993 The meeting was called to order by Moderator Margery M. Battin, at 8 : 05 p.m. , in Cary Memorial Hall , followed by the invocation . A quorum was present . ARTICLE 30 ZONING BY-LAW/RO TO RD, LOWELL STREET MOTION FOR ARTICLE 30 RD AM8NDMENTS , LOWELL ST. That the Zoning By-Law of the Town of Lexington be amended by changing the zoning district designation from did not the RO, One Family Dwelling , district to RD, Planned pass Residential district , of land on the northeasterly side see p.66 of Lowell Street near the intersection of Lowell Street and North Street . The land to be rezoned consists of a site containing reconsidered approximately 5 . 1 acres now located in an RO, One Family p_77 Dwelling District and bounded Westerly by Lowell Street ; as passed Southerly by land now or formerly of the following : p.78 Solomos , Morascio and Rizza; Easterly by North Street and the Lexington-Burlington town line ; and northerly by land now or formerly of Ifurli.ngton Village Associates . Said property is more fully described in metes and bounds by a plan entitled "Plan of Land in Lexington, MA for Proposed Rezoning" dated December , 1992 by Larson '----h Associates , Arlington, MA . and by a written metes and bounds description , a copy of which is Appendix A to the Preliminary Site Development and Use Plan, dated January �..- 22 , 1993 that is on file with the Planning Board and the Town Clerk. The Preliminary Site Development and Use Plan for the RD, Planned Residential , district shall be the Plan dated January 22 , 1993 that was filed with the Planning Board and Town Clerk, as required by and in accordance with the requirements of the Zoning By-Law. 8 : 05 p. m. Presented by Peter Kelley, P4 , who outlined the proposal . 8 : 13 p . m. Mr . Kelley asked the Moderator to recognize members of the design team for Further exposition . 8 : 36 p. m. Robert Domnitz , Planning Board , moved that the report of the committee be accepted and placed on file . Following a voice vote at 8 : 36 p . m. , the Moderator declared the report to have bQen accepted and placed file . Mr . Domnitz presented the report . He stated majority opposition to Mr . Kelley' s motion. l { 8 : 44 p. m. Edmund Grant presented the minority report of the Planning Board in favor . 8 : 52 p. m . Jacquelyn Smith stated the Board ' s unanimous support of the zoning change . 8 : 57 p.m. Marshall Derby, LexHAB , supported the affordable housing option portion of the plan. 9 : 00 p. m. Donald Wilson , Housing Authority, stated unanimous support and asked for a roll call at the time of the vote . Enough members stood to support a roll call . 63 (ADJOURNED SESSION, A.T .M. , CONT . - APRIL 14 , 1993 ) There was discussion for and against by Meeting members .--- and citizens . 9 : 30 p.m. Steven Hurley, Design Advisory Committee , stated committee approval . 9 : 54 p.m. Louise Kava, P9 , moved the question. Following a voice vote at 9 : 54 p. m. , the Moderator declared the motion to be before the Meeting . 9 : 55 p.m. Mr . Kelley responded to some of the issues which had been raised. The Town Clerk tallied the roll as follows : YES NO ABSTAIN ABSENT PRECINCT 1 Joel A. Adler X Nancy M. Adler X John P. Breen X Marsha F. Byrnes X James A. Cataldo X --- Chaur-ming Chou X Rona G. Cohen X Jean W. Cole X John E. Curry X Joseph J . Dini X Nancy C. Gordon X Sam V. Nablo X Paul Nesbeda X James A. Nicoloro X Barry E. Sampson X Paul G. Topalian X Robert F. Walton X Ruth J . Walton X James S . Wilson X Albert P. Zabin X Judith L. Zabin X PRECINCT 2 Elizabeth H . Clarke X Eric T. Clarke X John T. Cunha X Robert W. Cunha X Karen A. Dooks X Leonora K. Feeney X Ellsworth H . Fisher X 7 Marita B . Hartshorn X John R. Holt X Myla Kabat-Zinn X Paul H . Lapointe X Evelyn S . Lees X Daniel A. Lucas X Michael J . O ' Sullivan X Christina J . Welch X Edna M. Welch X William W. Welch , Jr . X William S . Widnall X Alan B. Wilson X Carolyn C . Wilson X Donald D. Wilson X 64 (ADJOURNED SESSION , A. T.M. . - APRIL 14 . 1993 ) YES NO ABSTAIN ABSENT PRECINCT 3 Samuel Berman X John P. Carroll X Robert N. Cohen X Bruce Collier X Don J . J . Cordell X Jacqueline B. Davison X Erna S . Greene X Elizabeth C . Haines X Gloria V. Holland X Paul E. Keane X Jeane K. Krieger X Marjorie K. Madoff X Marilyn K. Mairson X Eric Jay Michelson X Mary Edna Neumeier X Richard L . Neumeier X Adrienne D. Santamaria X Vicky L. Schwartz X Francis W. K. Smith X Ruth F. Souza X Caleb Warner X PRECINCT 4 Lisa A. Baci X Nyles Nathan Barnert X Nancy M. Cannalonga X Nicholas A. Cannalonga X Donald A. Chisholm X Lois J . Coit X L . Gail Colwell X Ronald W . Colwell X Christina E . Coughlin X Peter David Enrich X Katherine G. Fricker X Carol B. Hartman X Peter C. J . Kelley X Margaret F. Rawls X Nicholas Santosuosso X Sandra J . Shaw X Arthur C . Smith X Karsten Sorensen X Ruth S . Thomas X Judith J . Uhrig X Martin K. White X PRECINCT 5 Cynthia L. Blumsack X Howard Cravis X Wallace Cupp X Marjorie M . Daggett X Elaine Dratch X Andrew J . Friedlich X .� Joseph F . Gilbert , Jr. X JoAnn B. Greene X Paul E. Hamburger X John Hayward X Frank E. Kirkland X Carol A. Liff X Leona W. Martin X Paul Newman X Samuel L. Powers X Sam Silverman X Charles T. Vail X Melinda D. Vinton X E6 (ADJOURNED - SESSION , A.T.M . , CONT . - APRIL 14 , 1993 ) YES NO ABSTAIN ABSENT Ephraim Weiss X --� David G. Williams X Mary Kathryn Wolf X PRECINCT 6 Michael R. Barry X Marshall J . Derby X Peter Diamond X Robert H . Domnitz X Catherine S . England X Edmund C . Grant X Magdalena W. Himmel X Morton G. Kahan X Alan J . Lazarus X David G. Miller X Joyce A. Miller X H". Bigelow Moore X John A. Oberteuffer X Jane Pagett X Ronald B. Pawliczek X Edith Sandy X Frank Sandy X Sara F. Schoman ° X William B. Simmons X Sheldon A. Spector X Robert V. Whitman X r— PRECINCT 7 Catherine M . D. Abbott X John P. Attanucci X Marsha E. Baker X Neal E. Boyle , Jr. X George A. Burnell X Theodore D. Chaung X Renee T. Cochin X Clark A. Cowen X Robert M. Farias X Audrey J. Friend X Casimir R. Groblewski X Linda Horowitz X Fred H . Martin X Myron L. Miller X John E. Taylor X Jacquelyn H . Ward X Jeanette P. Webb X Iris G. Wheaton X James C. Wood, Jr. X Martha C. Wood X Polly Woodworth X PRECINCT 8 r-- Donald L . Bailey X Richard H . Battin X �,- Susan A. Blieden X Roger F. Borghesani X Elizabeth J . Bryant X Florence E . Connor X Maria Constantinides X Charles M. Cullen X Diana T. Garcia X Ione D. Garing X Steven J . Hurley X Jay R. Kaufman X Kathleen Vogt Kissel X Alan Mayer Levine X Richard A. Michelson X 1 66 (ADJOURNED SESSION , A.T.M . , CONT. - APRIL 14 , 1993 ) YES NO ABSTAIN ABSENT Gordon R. Osgood X James A. Osten X -� Jack Sarmanian X Margaret Schwartz X Dennis Sullivan X Carolyn H . Tiffany X PRECINCT 9 Alice J . Adler X Jane P. Buckley X Richard L. Canale X Margaret E . Coppe X Susan Hastings DelGreco X Elizabeth B. Eddison X James A. Hester, Jr. X Frank J . Kava X Louis V. T . Kava X Janice A. Kennedy X Eleanor H . Klauminzer X Paul E. Mazerall X Isabel H . Mroczkowski X Janet M. Perry X Richard M . Perry X Simon Prensky X Fred D. Rosenberg X James J . Scanlon X Richard Schaye X ---} Michael E. Schroeder X Doris Poley Traficante X AT LARGE Margery M. Battin X Daniel P. Busa, Jr. X Norman P. Cohen X William J . Dailey, Jr. X Stephen W. Doran X Bernice H . Fallick X Dan H . Fenn , Jr. X Leo P. McSweeney X Jacquelyn R. Smith X TOTAL TALLY OF ROLL CALL VOTE PRECINCT YES NO ABSTAIN ABSENT TOTAL 1 9 10 2 21 2 13 3 5 21 3 11 7 3 21 4 12 5 1 3 21 5 8 10 1 2 21 6 12 6 3 21 ..,.r 7 16 3 1 1 21 8 13 7 1 21 9 11 7 3 21 AT LARGE 6 3 9 TOTALS 111 58 6 23 198 1 10 : 19 p.m. The Moderator stated that the motion offered by Mr. Kelley did not pass . 67 (ADJOURNED SESSION , A.T.M. , CONT. APRIL 14 . 1993 ) 10 : 19 p.m. David Williams , Planning Board, served Notice of Reconsideration. 10 : 21 p.m. Joel Adler, P1 , moved that the meeting be adjourned until Monday, April 26 , 1993 , at 8 : 00 p.m. ; in Cary Hall . Following a voice vote at 10 : 22 p . m. , the Moderator declared the meeting to be adjourned. A true copy. Attest : Bernice H. Fallick, Town Clerk a r - i 6S ADJOURNED SESSION - 1993 ANNUAL TOWN MEETING APRIL 26 , 1993 The meeting was called to order by Moderator Margery M . Battin , at 8 p . m. , in Cary Memorial Hall , followed by the invocation . A quorum was present . ARTICLE 15 PINE MEADOWS MASTER PLAN AND RECONSTRUCTION OF HOLE #5 MOTION : That the sum of $50 , 000 be appropriated to hire a golf course landscape architect passed to prepare a master plan for the golf see below course and prepare plans for the reconstruction of hole #5 at the Pine Meadows Golf Course as determined by the Recreation Committee with the approval of the Board of Selectmen, and to raise such I amount $50 , 000 be transferred from the Recreation Enterprise Fund . 8 : 1.0 p . m . Presented by Donald Chisholm , Recreation Committee . 8 : 23 p .m. Sam Nabld , Appropriation Committee , stated unanimous support . 8 : 23 p.m , Nicholas Cannalonga , Capital Expenditures Committee , stated unanimous support . 8 : 24 p . m, Daniel Busa, Board of Selectmen, stated the Board ' s approval . 8 : 25 p .m . Sam Silverman , P5 , urged Town Members to abide by the 1976 Resolution on Conflict of Interest when voting . The Moderator stated the decision to vote/not vote was entirely the decision of each member. There was discussion as to the parameters of the plan. 8 : 37 p. m . Eric Michelson , P3 , made the following motion: the article be amended by inserting the not passed following words "with the exception of a see below driving range , " after the words "prepare a master plan for the golf course" There was discussion for and against . 8 : 45 p. m , Paul Hamburger , Capital Expenditures Committee , stated majority opposition to Mr . Michelson' s amendment . Following a voice vote at 8 : 16 p. m. , the Moderator declared the amendment offered by Mr . Michelson not passed . Following a voice vote at 8 : 17 p . m. , the Moderator declared the motion offered by Mr . Chisholm to be adopted . 8: 48 p . m . Notice of Reconsideration on Article 15 was served by Paul Hamburger . 69 (ADJOURNED SESSION . A , T .M . . CONT. - APRIL 26 , 1993 ) ARTICLE 16 PINE MEADOWS MAINTENANCE EQUIPMENT MOTION : That the sum of $30 , 000 be appropriated to purchase maintenance equipment for the Pine Meadows Golf Course as determined by the Recreation passed Committee with the approval of the Board of see below Selectmen, and to raise such amount $30 , 000 be transferred from the Recreation Enterprise Fund. 8 : 48 p.m. Presented by Donald Chisholm, Recreation Committee . 8 : 52 p.m. Sam Nablo , Appropriation Committee , stated support . 8 : 52 p . m. Nicholas Cannalonga, Capital Expenditures Committee , stated unanimous support . 8 : 54 p.m. Daniel Busa, Board of Selectmen, offered the following amendment that the sum of $10 , 000 'De appropriated to not passed purchase a "truckster" for the Pine Meadows see below Golf Course as determined by the Recreation Committee with the approval. of the Board of Selectmen , and to raise such amount $10 , 000 be transferred from the Recreation Enterprise Fund . 8 : 56 p.m. Sam Nablo , Appropriation Committee , stated support for the original motion. 8 : 56 p .m . Nicholas Cannalonga , Capital Expenditures Committee , stated support for the original motion. Following a voice vote at 9 : 08 p . m. , the Moderator declared the amendment offered by Mr. Busa not adopted . 9 : 13 p . m . Ephraim Weiss , P5 , moved to table the motion offered by Mr . Chisholm. Following a voice vote at 9 ; 14 p. m. , the Moderator declared the motion not tabled . Following a voice vote at 9 : 14 p . m. , the Moderator declared the motion offered by lor . Chisholm to have been adopted . ARTICLE 17 REHABILITATION OF CENTER POOL COMPLEX r-- MOTION : That the sum of $50 , 000 be appropriated passed to rehabilitate the Center Pool Complex as see p.70 determined by the Recreation Committee with the approval of the Board of Selectmen , and to raise such amount $50 , 000 be transferred from the Recreation Enterprise Fund . 9 : 14 p. m . Presented by Sandra Shaw, Recreation Committee . 9 : 17 p . m . Sam Nablo , Appropriation Committee , stated unanimous support , 9 : 17 p .m. Nicholas Cannalonga , Capital Expenditures Committee , recommended passage . 1 70 (ADJOURNED SESSION , A . T .M . , CUNT . - APRIL 26 , 1993 ) 9 : 18 p . m. Leo McSweeney , Board of Selectmen, stated unanimous support . Following a voice vote at 9 : 19 p. m. , the Moderator declared the motion adopted . 9 : 19 p. m . Notice of Reconsideration on Article 16 was served by Paul Hamburger , ARTICLE 18 PLAYGROUND EQUIPMENT AND IMPROVEMENTS passed MOTION : That the sum of $50 , 000 be appropriated see below to make improvements at selected playgrounds as determined by the Recreation Committee with the approval of the Board of Selectmen, and to raise such amount $50 , 000 be transferred from the Recreation Enterprise Fund. 9 : 21 p . m, Presented by Sandra Shaw, Recreation Committee . Further explanation was given by Harvey Lowell of the Committee . He outlined some of the provisions necessitated by the need to provide access for disabled persons , 9 : 34 p . m. Notice of Reconsideration on Article 17 was served by Paul Hamburger . 9 : 35 p. m. Sam Nablo , Appropriation Committee , stated unanimous support . 9 : 36 p .m. Nicholas Cannalonga, Capital Expenditures Committee , stated the unanimous recommendation for indefinite postponement , 9 : 3.7 p. m, Leo McSweeney, Board Df Selectmen, stated the improvements should happen next year. Following a voice vote at 9 : 55 p.m. , the Moderator declared the motion to have been adopted . 9 : 55 p . m . Notice of Reconsideration on Article 18 was served by Paul Hamburger . ARTICLE 19 MISCELLANEOUS SCHOOL ARTICLE passed MOTION : That the sum of 5450 , 000 be appropriated see p. 71 for remodeling , reconstructing and making extraordinary repairs to school buildings ; that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow -- $450 , 000 under Chapter 645 of the Acts of 1948 as amended or under G . L. c . 44 , §7 as amended ; and that the Permanent Building Committee is authorized to take all action necessary to carry out this project . 9 : 56 p . m. Presented by Albert ?abin, School Committee . 10 : 00 p . m. Jane Pagett , Appropriation Committee , stated unanimous support . 71 ( ADJOURNED SESSION , A. T .M „ CONT . - APRIL 26 , 1993 ) 10 : 01 p .m. Karen Dooks , Capital Expenditures Committees stated support , 10 : 02 p.m. Dan Fenn, Board of Selectmen, stated unanimous support . Following a voice vote at 10 : 02 p.m„ the Moderator declared the motion to have been adopted unanimously. 10 : 03 p. m. Notice of Reconsideiation on Article 19 was served by Paul Hamburger. ARTICLE 20 FACILITIES STUDY/SCHOOL AND TOWN BUILDINGS MOTION : That the sum of $200 , 000 be appropriated for architectural and engineering services in order postponed to determine the physical plant needs of all town see p.74 and school buildings , including the modifications passed needed to install a combined dispatch center; that see p.75_ to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $200 , 000 under G . L , c , 44 , §7 ( 21 ) and ( 22 ) ; and that the Permanent Building Committee is authorized to take all action necessary to carry out this project . 10 : 03 p. m. John Oberteuffer, School Committee , moved to postpone this motion to Wednesday, April 28 . Following a voice vote at 10 . 03 p. m, , the Moderator declared postponement . ARTICLE 21 MUZZEY CONDO REPAIR postponed 10 : 03 p. m. Paul Newman , P5 , moved that this article be see p.79 postponed until Monday, May 3 . indefinitely ' postponed Following a voice vote at 10 : 03 p. m, , the Moderator declared postponement . ARTICLE 22 BROOK CLEANING indefinitely MOTION : That this article be indefinitely postponed postponed . see below 10: 04 p, m. Presented by Joyce Miller, Conservation Commission , who further explained the process by which brook cleaning would be accomplished , There was some discussion . Following a voice vote at 10 : 17 p.m . , the Moderator declared the motion to have been adopted and the article to be indefinitely postponed . 72 (ADJOURNED SESSION , A, T .M . , CONT. - APRIL 26 . 1993 ) ARTICLE 23 GENERIC ENVIRONMENTAL IMPACT REPORT/HANSCOM FIELD MOTION : That it is the desire of this Town Meeting , should the grant from Massport to HATS for assistance on passed the GEIR either fail to materialize or include see below unacceptable encumbrances , to have the Selectmen utilize up to $10 , 000 from Line Item 8130 for this purpose ; and further it is the desire of this Town Meeting that the Selectmen make funds available from Line Item 8130 , if requested to do so by HATS , to be used for other appropriate studies related to }Ianscom Field . Jacquelyn Smith, Board of Selectmen, indicated that she would abstain on this article because of her association with Massport , 10 : 19 p.m . Presented by Carolyn Tiffany, P8 , who gave a report . 10 : 25 p. m. Margaret Coppe , P9 , further outlined the history, There was further discussion. 10 : 38 p .m. Sam Nablo , Appropriation Committee , stated that the Committee was divided because of the wording and could not support it as currently presented . 10 : 40 p. m. Dan Fenn , Board of Selectmen, stated that the Board unanimously supported the article . 10 : 43 p. m. Robert Domnitz , Planning Board , stated the unanimous support of the Board for the article . 10 : 57 p . m. Robert Whitman, P6 , moved the question. Following a unanimous voice vote at 10 : 57 p,m. , the Moderator declared the question to be before the Meeting . Following a voice vote at 10 : 57 p.m. , the Moderator declared the article to have been adopted . 10 : 57 p.m. William Dailey , Chairman of the Board of Selectmen , moved that the meeting be adjourned until Wednesday, April 28 , 1993 , at 8 . 00 p. m. , in Cary Hall . Following a voice vote at 10 : 57 p. m. , the Moderator declared the meeting to be adjourned. A true copy . Attest : Bernice H . Fallick, Town Clerk 73 11 ADJOURNED SESSION - 1993 ANNUAL TOWN MEETING APRIL 28 , 1993 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall , followed by the invocation. A quorum was present . ARTICLE 2 REPORTS 8 : 10 p.m. John Oberteuffer, School Committee , presented information on the opening of Maria Hastings School and was followed by Superintendent Jeffrey Young . ARTICLE 31 ZONING BY-LAW/CM TO CD, WESTVIEW STREET 8 : 35 p.m. Richard Neumeier , P3 , moved to bring up Article 31 . Following a voice vote at 8 : 35 p. m. , the Moderator declared Article 31 to be before the Meeting . MOTION FOR ARTICLE 31 CD AMENDMENT, WESTVIEW STREET not passed see p.74 That the Zoning By-Law of the Town of Lexington be amended by changing the zoning district designation from CM , Commercial Manufacturing , district to CD, Planned Commercial district of land at the junction of Westview Street and Maguire Road . r-- The land to be rezoned consists of an approximately 9 , 900 square foot site located in the CM, Commercial Manufacturing , district and bounded and described as follows : A certain triangular parte of land at the junction of Westview Street and Mellex Road, and more particularly bounded and described as follows: Commencing at said junction of Westview Street and Mellex Road ; then running WESTERLY along said Westview Street two hundred ( 200 ) feet ; thence SOUTHERLY to Mellex Road to a point on the Northerly boundary of said Mellex Road , two hundred ( 200 ) feet Westerly from the junction of said Westview Street and Mellex Road; and thence EASTERLY by said Mellex Road to the point of beginning ; The land in the CD, Planned Commercial , district shall be subject to the Preliminary Site Development and Use Plan dated as received by the Planning Board and Town Clerk on January 11 , 1993 , and a "Proposed Site Plan" prepared by Larson Associates , Arlington , MA „ dated 12-17-87 , that has been filed with the Planning Board and the Town Clerk, and in accordance wits the provisions of the Zoning By-Law of the Town of Lexington. 8 : 36 p.m. The Moderator recognized Colin Richardson who presented history and his intent as owner of the property. 8 : 50 p.m. Richard Canale , Planning Board, moved that the report of the committee be accepted and placed on file . Following a voice vote at 8 : 50 p. m. , the Moderator declared the report to have been accepted and placed file . 74 (ADJOURNED SESSION. A.T .M . . CONT. - APRIL 28 . 1993 ) Mr. Canale stated that a majority of the Planning Board felt the motion should not be approved because of -� dimensional standards, not use . There was continued discussion. ' Following a voice vote at 9 : 15 p. m. , the Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 10 6 2 6 9 3 11 3 4 7 7 5 5 11 6 4 11 7 9 7 8 6 7 9 5 12 At large 15 9 e Totals 78 82 9 : 19 p.m. The Moderator declared the motion had not been adopted. ARTICLE 20 FACILITIES STUDY/SCHOOL AND TOWN BUILDINGS MOTION:That the sum of $200 , 000 be appropriated for architectural and engineering services in order to determine the physical plant needs of all town and school passed buildings , including the modifications needed to install see p.75 a combined dispatch center; that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $200 , 000 under G. L. c . 44 , §7 ( 21 ) and ( 22 ) ; and that the Permanent Building Committee is authorized to take all action necessary to carry out this project , 9 : 20 p. m. John Oberteuffer , School Committee , moved to take up Article 20 . Following a voice vote at 9 : 20 p.m. , the Moderator declared Article 20 to be beforA the Meeting . Mr. Oberteuffer outlined the proposed study. 9 : 29 p.m. Dan Fenn , Board of Selectmen, stated the unanimous approval of the Board on the townside study. 9 : 30 p .m. Mary Edna Neumeier served Notice of Reconsideration on Article 31 . 9 : 31 p.m. William Kennedy, Permanent Building Committee , stated approval . 9 : 32 p. m. Gloria Holland , Capital Expenditures Committee , stated strong recommendation for passage . 75 (ADJOURNED SESSION , A.T . M . , CONT. - APRIL 28 , 1993 ) 9 : 34 p.m. George Burnell , Appropriation Committee , asked if all town buildings would be incorporated in any long range planning ; was the townside equal to the schools . Mr. Kennedy indicated all town buildings excepting the pool complex were included . Mr . Burnell and the Committee then recommended approval . There was further discussion . 9 : 52 p. m. John Hayward , P5 , moved the question. Following a voice vote at 9 : 52 p.m. , the Moderator declared the question to be before the Meeting . Following a voice vote at 9 : 52 p. m. , the Moderator called for a standing vote which was tallied as follows : Precinct Yes No Abstain 1 13 2 2 16 2 3 14 0 4 14 1 5 a 16 0 6 15 0 7 13 1 8 14 2 9 16 1 At large 24 0 Totals 155 9 9 : 56 p.m. The Moderator declared the motion to have been adopted . ARTICLE 24 GOLF IN RESIDENTIAL ZONING DISTRICTS 9 : 57 p. m. Robert Domnitz , Planning Board, moved that the report of the committee be accepted and placed on file . Following a voice vote at 9 : 57 p.m. , the Moderator declared the report to have been accepted and placed file . That the Zoning By-Law be amended as set forth in the motion attached to the Planning Board report filed with the Town Clerk. not passed MOTION see p.76 -- w That the Zoning By-Law be amended in Section 4 . 2 , Permitted Uses and Development Standards , Table 1 , Part A Residential , Institutional , Agricultural Uses , line 4 . 11 ,, by deleting the present wording and substituting the following : "4 . 11 privately owned for profit recreational facility for tennis or swimming , or golf course , standard or par three" 9 : 57 p.m. Presented by Mr . Dc,mnitz who continued the report . ?6 (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 28, 1993) 10 : 15 p. m. Arthur Smith, P4 , served Notice of Reconsideration on Article 20 . 10 : 20 p.m. David Williams , Planning Board , stated the minority opinion , stating that the Carroll land and the proposal for a driving land was .intertwined with this by- law and urged a no vote . 10 : 23 p.m. Jacquelyn Smith, Board of Selectmen, stated opposition to the article , declaring the Board of Appeals was doing a good job on this type of procedure , 10 : 34 p.m. Joyce Miller , stated that the Conservation Commission had not taken a formal vote on the article . 10 : 54 p .m. John Cunha, P2 , moved the question. Following a voice vote at 10 : 54 p. m. , the Moderator declared the question to be before the Meeting . Following a voice vote at 10 : 55 p .m. , the Moderator called for a standing vote which was tallied as follows : Precinct Yes No Abstain 1 0 15 2 0 17 1 3 2 11 4 3 11 5 1 13 6 4 8 7 0 14 8 7 8 9 4 12 At large 6 15 2 Totals 27 124 3 10 : 59 p. m. The Moderator declared that the Motion offered by Mr. Domnitz had not :een adopted . 10 : 59 p. m. Arthur Smith , P4 , served Notice of Reconsideration on Article 24 . 10 : 59 p. m. William Dailey , Chairman of the Board of Selectmen , moved that the meeting be adjourned until Monday, May 3 , 1993 , at 8 : 00 p . m. , in Cary Hall . Following a voice vote at 10 : 59 p. m. , the Moderator declared the meeting to be adjourned. A true copy. Attest : Bernice H . Fallick, Town Clerk 17 ADJOURNED SESSION - 1993 ANNUAL TOWN MEETING MAY 3 . 1993 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall , followed by the invocation. A quorum was present. ARTICLE 2 . REPORTS 8 : 12 p.m. Lisa Baci , Conservation Commission, moved that the report of the committee on the Marrett Road Project be accepted and placed on file . Following a voice vote at 8 : 12 p.m. , the Moderator declared the report to have been accepted and placed file . Ms . Baci presented the report. ARTICLE 30 ZONING BY-LAW/RO TO RD, LOWELL STREET 8 : 22 p. m. David Williams , Planning Board, moved Reconsideration of Article 30 , Zoning By-law/RO to RD, Lowell Street , on the basis of a new plan with reduced density and significant public benefit with the Town' s outright ownership of some housing . He presented further information . Following a voice vote at 8 : ^5 p. m. , the Moderator declared the meeting open on Article 30 . 8 : 25 p.m. Mr. Williams moved that the report of the committee be accepted and placed on file . Following a voice vote at 8 : 25 p.m. , the Moderator declared the report to have been accepted and placed file . 8 : 26 p.m. Peter Kelley, P4 , presented the substitute motion for Article 30 : MOTION : That the Zoning By-Law of the Town of Lexington be amended by changing the zoning district passed designation from the RO, One Family Dwelling , district to see p.78 RD, Planned Residential district , of land on the northeasterly side of Lowell Street near the intersection of Lowell Street and North Street. The land to be rezoned consists of a site containing approximately 5 . 1 acres now located in an RO, One Family Dwelling District and bounded Westerly by Lowell Street ; Southerly by land now or formerly of the following : Solomos , Morascio and Rizza; Easterly by North Street and the Lexington -Burlington town line; and northerly by land now or formerly of Burlington Village Associates . Said property is more fully described in metes and bounds by a plan entitled "Plan of Land in Lexington, MA for Proposed Rezoning" dated December, 1992 by Larson Associates , Arlington MA and by a written metes and bounds description, a copy of which is appendix A to the Preliminary Site Development and Use Plan, dated April 26 , 1993 that is on file with the Planning Board and the Town Clerk. I • 78 (ADJOURNED SESSION, A.T.M. , CONT. - MAY 3 , 1993 ) The Preliminary Site Development and Use Plan for the RD Planned Residential , district shall be the Plan dated April 26 , 1993 that was filed with the Planning Board and Town Clerk, as required by and in accordance with Requirements of the Zoning By-Law. 8 : 31 p.m. Robert Domnitz , Planning Board, stated minority opposition. 8 : 37 p.m. William Dailey, Board of Selectmen, stated unanimous endorsement by the Board. 8 : 42 p.m. Joseph Dini , P1 , moved the question. Following a voice vote at 8 : 42 p.m. , the Moderator declared the question to be before the Meeting . Enough members stood to doubt the vote , and the Moderator called for a standing vote which was tallied as follows : Precinct Yes No Abstain 1 15 4 2 11 7 3 11 3 4 11 7 5 12 6 6 5 8 7 10 7 8 15 4 9 12 6 At large 11 4 Totals 113 56 8 : 47 p.m. The Moderator declared the question to be before the Meeting . 8 : 48 p.m. Mr. Kelley explained his process through the various boards from the time he had begun the project. 8 : 49 p.m. The Moderator called for a standing vote which was tallied as follows : Precinct Yes No Abstain 1 14 4 2 16 2 3 12 3 4 16 1 5 16 1 1 6 10 3 7 17 0 8 18 1 9 14 4 At large 16 5 Totals 149 24 1 8 : 52 p.m. The Moderator declared the motion offered by Mr. Kelley to have been adopted . 79 P (ADJOURNED SESSION. A.T.M. CONT. - MAY�3 . 1993 ) 8: 53 .m. Paul Newman, P5 , moved that Articles 21 and 41 P be brought up at this time. Following a voice vote at 8 : 53 p. m. , the Moderator declared both articles to be L - before the Meeting . ARTICLE 21 MUZZEY CONDO REPAIR indefinitely postponed ARTICLE 41 AMEND QUITCLAIM see below RESTRICTIONS/MUZZEY CONDOS 8 : 53 p.m. Mr. Newman moved Indefinite Postponement on both articles . 8 : 55 p.m. Sam Silverman, P5 , noted his intent to abstain on the vote. Dan Fenn, Board of Selectmen, stated the same. Following a voice vote at 8 : 56 p.m. , the Moderator declared Indefinite Postponement of Article 21 . Following a voice vote at 8 : 56 p.m. , the Moderator declared Indefinite Postponement of Article 41 . ARTICLE 38 MARRETT ROAD/ROUTE 2A RESOLUTION MOTION: I move that the Town Meeting vote to adopt the following resolution: Whereas Route 2a (Marrett Road) from the bridge over g passed Route 128 to the intersection at Massachusetts Avenue is a major entry in to Lexington and the Minute Man National see Park, be it resolved that an opportunity be provided for below Town Meeting Members to look at and comment on the plans for the reconstruction of this area. In order to facilitate this process , we request that the Lexington Board of Selectmen appoint a committee of not less than 5 members to study the various aspects of these plans with particular regard to safety concerns future implications with respect to the size of the reconstruction and aesthetic and environmental impact. The committee should be charge to report back to the Selectmen at a special public information meeting to which Town Meeting Members are invited. 8 : 57 p.m. Presented by Louise Kava, P9 . 9 : 18 p.m. William Dailey, Board of Selectmen, stated unanimous approval for the Article . 9 : 22 p.m. David Williams , Planning Board, stated that the Board had no position at this time on the Reconstruction but supported the motion. 9 : 33 p.m. John Hayward, P5 , moved the question. Following a voice vote at 9 : 33 p.m. , the Moderator declared the question to be before the Meeting. Following a voice vote at 9 : 33 p.m. , the Moderator declared the motion to have been adopted. 80 (ADJOURNED SESSION. A.T.M. . CONT. - MAY 3 . 1993 ) 9 : 34 p.m. Arthur Smith, P4 , noted his intent to move Reconsideration of Article 24 Zoning By-law/ Golf in Residential Zoning Districts on Wednesday, May 5 . ARTICLE 25 ZONING BYLAW, JUMBO HOUSE SETBACKS indefinitely 9 :43 p.m. David Williams , Planning Board, moved that this postponed Article be indefinitely postponed. see below Following a voice vote at 9 : 34 p.m. , the Moderator declared unanimous postponement of Article 25 . ARTICLE 26 ZONING BY-LAW, MINOR REVISION PROCEDURE 9 : 35 p.m. Jacqueline Davison, Planning Board, moved that the report of the committee be accepted and placed on file . Following a voice vote at 9 : 35 p.m. , the Moderator passed declared the report to have been accepted and placed see p.81 file. MOTION: That the Zoning By-Law be amended as set forth in the motion attached to the Planning Board report filed with the Town Clerk. MOTION That the Zoning By-Law be amended by making the following changes : A. in subparagraph 8 . 4 . 2 d, which deals with deviations from a plan approved by the Town Meeting , by striking out "10%" in the third line and inserting in place thereof "5%" and by adding at the end the words: "or the maximum number of dwelling units or equivalent density for residential accommodations not arranged in dwelling units approved in an RD district ; " , so that the sentence , as amended, will read: "d. the SPGA may, in its discretion, permit minor deviations from the plan approved by Town Meeting provided they do not conflict with the intent of the plan and they do not allow the building floor area to exceed that shown --s, on the approved plan by more than 5% in the RD district, or to exceed the maximum floor area ratio approved for the CD district or the maximum number of ?welling units , or equivalent density for residential accommodations not arranged in dwelling units, approved in an RD district; " B. in subparagraph 8 . 4 . 4 , which deals with revision of a special permit , by striking out the first sentence of the first paragraph in its entirety and by inserting in place thereof 8]. • • •,{' f. =;ti„rr' F ;-vo + � '..f '± i�.,: `r. .-�':; irk? � g4'rv'3,..- as .r.. ....,..t_j +"�'�.i_ " r :._�� as c•«+� �; ��. ,F§°e!-'- '� .a .�.,w+.� , ._ �y,!.. cvd,-r i'Y-410,140 r. ffifs a new first sentence , as follows : "Subsequent to an SPS granted by the SPGA, minor revisions to the plan may be made from time to time in accordance with applicable laws , by-laws , and regulations . ” and adding a new third sentence to the first paragraph, as follows: "Any increase in the net floor area authorized in the preliminary site development and use plan approved by Town Meeting or in the maximum ,.._ 11214 units, or equivalent density for resi- dential accommodations not arranged in dwelling units, is • not a minor revision. " 9 : 38 p.m. Francis W.K. Smith, Board of Appeals , stated Board opposition. 9 : 44 p.m. William Dailey, Board of Selectmen, stated r—i opposition to the motion and unity with the Board of Appeals . 9 : 48 p.m. The Moderator called mor a standing vote which was tallied as follows : Precinct Yes No Abstain 1 8 5 2 10 7 3 10 4 4 9 8 5 15 1 6 11 2 7 5 7 .8 9 4 9 12 4 At large 11 8 Totals 100 50 9 : 53 p.m. The Moderator declared the motion offered by Mrs . Davison to have been adopted . � f ARTICLE 27 ZONING BYLAW, DISABLED PERSONS 9 : 54 p.m. David Williams , Planning Board, moved that Indefinitely this Article be indefinitely postponed. postponed see below Following a voice vote at 9 : 54 p.m. , the Moderator declared the article to have been indefinitely postponed unanimously. 1 82 - 11U1NE S 'T"O BN-. ' .` I7. CONT. - `1.9 93 ARTICLE 28 DRAINAGE 9 : 54 p.m. Samuel Berman, P3 , moved that the article be indefinitely indefinitely postponed. postponed see below Following a voice vote at 9 : 54 p.m. , the Moderator declared the article to have been indefinitely postponed unanimously. ARTICLE 29 ZONING BYLAW, CM TO RD MAGUIRE ROAD indefinitely postponed 9 : 55 p.m. Robert Domnitz , Planning Board, moved that see below this Article be indefinitely postponed. Following a voice vote at 9 : 55 p.m.. , the,. , Moderator declared the article to have been indefinitely postponed unanimously. ARTICLE 32 AMEND GENERAL BY-LAWS/SURFACE indefinitely WATER DISPOSAL postponed see below 9 : 55 p.m. Samuel Berman, P3 , moved that this Article be indefinitely postponed . Following a voice vote at 9 : 55 p.m. , the Moderator declared the article to have been indefinitely postponed unanimously. ARTICLE 33 AMEND GENERAL BY-LAWS/PUBLIC WAYS AND PLACES passed see below MOTION: That Section 7 of Article XXV of the General By-Laws be amended as set for in the article . To see if the Town will vote to amend Section 7 of Chapter XXV of the General By-laws by deleting the first sentence thereof and substituting therefor the following sentence: "Except as hereinafter provided, no person shall use or operate on any sidewalk or independent bicycle path any motorized vehicle , except a wheelchair, maintenance vehicle , or a police or fie emergency or patrol vehicle . " 9 : 56 p.m. Presented by Selectmen Dan Fenn. Following a voice vote at 9 : 57 p.m. , the Moderator -� declared the motion to have been adopted unanimously. ARTICLE 34 AMEND GENERAL BY-LAWS/SALE OF postponed TOBACCO TO MINORS see p.84 9 : 57 p.m. Martha Wood, P7 , moved to postpone this article until Wednesday, May 5 . Following a voice vote at 9 : 57 p.m. , the Moderator declared postponement until Wednesday. 83 If (ADJOURNED SE.SS I ON;F: A.T.M. . CONT. - MAY 3 . i.9g60 4-- ARTICLE 35 EARLY RETIREMENT 9 : 58 p.m. Eric Michelson, P3 , moved to postpone this postponed article until Wednesday, May 5 . see p.89 Following a voice vote at 9 : 58 p.m. , the Moderator declared postponement until Wednesday. ARTICLE 37 AMEND GENERAL BY-LAWS/APPROPRIATION COMMITTEE REPORT MOTION: That Section 5 of Article XIII of the passed General By-Laws be amended as set forth in the see below article. To see if the Town will vote to amend the first paragraph of Section 5 of Article XIII of the General By- Laws by adding the words "or otherwise distributing" after the word "mailing" ; 9 : 59 p.m. Leo McSweeney, Board of Selectmen, stated support of the Board. Following a voice vote at 10 : 01 p.m. , the Moderator declared the motion to have been adopted unanimously. r-- ARTICLE 39 RELEASE OF EASEMENT/JOHN BENSON ROAD MOTION: That the Selectmen be and they hereby are authorized to release to Carriage Drive passed Nominee Trust or their designee the sewer see below easement described in this article for one dollar and on such other terms and conditions as they shall decide . 10 : 02 p.m. Presented by Selectman Fenn. Following a voice vote at 10 : 04 p.m. , the Moderator declared the motion to have been adopted. ARTICLE 40 BOWMAN SCHOOL PROPERTY FOR LEXHAB MOTION: That the care, custody, management and control of the vacant lot along Philip Road no longer postponed needed by the School Department be transferred to the see p.89 Board of Selectmen to be used for housing or other municipal purposes . 10 : 04 p.m. Selectman McSweeney moved to postpone this article until Wednesday, May 5 . Following a voice vote at 10 : 04 p.m. , the Moderator declared postponement until Wednesday. 1 10: 05 p.m. William Dailey, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday, May 5 , 1993 , at 8 : 00 p.m. , in Cary Hall . Following a voice vote at 10 : 05 p.m. , the Moderator declared the meeting to be adjourned. A true copy. Attest : Bernice H. Fallick,Town Clerk 1 84 .i: ADJOURNED SESSION- - 19'93 A:NUAL TOWN 14tiTING MAY 5 . 1993 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall , followed by the invocation. A quorum was present . 8 : 01 p.m. The Moderator declared a Formal Recess in order that Senator Robert Havern could recognize the Lexington Merit Finalists . 8 : 13 p.m. The Meeting was recalled to order. ARTICLE 2 REPORTS 8: 15 p.m. Marshall Derby presented a report for LexHAB. 8 : 18 p.m. George Smith, Health Department, updated the Meeting on the raccoon and rabies problem and the current state law requiring cat inoculation. ARTICLE 34 AMEND GENERAL BY-LAWS/SALE OF TOBACCO TO MINORS MOTION: That Article XXVI of the General By-Laws passed be amended by adding a new section 9 thereto as set see below forth in the article with the following changes: see p.87 & 88 1:1] as passed (a) Section 9 . 3 shall read as follows: "9 . 3 Free Standing Displays Prohibited. Free- standing displays of tobacco products , from which individual packages may be selected by the customer, must be located on or over the check-out counter in full view of a person designated to supervise the purchase of tobacco products from the display. " (b) Section 9 . 6 shall read as follows: "9 . 6 No free or nominal cost tobacco products shall be distributed or sold within the Town of Lexington. No person shall distribute any coupons or vouchers redeemable for tobacco or tobacco products for free or at a nominal cost within the Town of Lexington. Such restrictions shall not apply to coupons in magazines , newspapers , other periodicals, or affixed to packaging . " 8 : 24 p. m. Presented by Martha Wood, P7 . 8 : 29 p.m. George Smith, Board of Health, expressed the unanimous support of the Board. 8 : 30 p.m. Daniel Busa, Board of Selectmen, stated unanimous approval . Following a voice vote at 8 : 31 p.m. , the Moderator declared passage . it ARTICLE 34 AS SET FORTH IN THE ARTICLE 85 ARTICLE 34 AMEND GENERAL BY-LAWS/ - _• : : r :ALE OF TOBACCQ-r MINORS', To see if the Town will vote to amend the General By-Laws of the Town of Lexington by adding a new section 9 to Article XXVI thereof as follows: BY-LAW TO LIMIT ACCESS TO TOBACCO BY MINORS 9.1 Sales to Minors. In conformance with Massachusetts General Laws Chapter 270, Section 6, whoever sells a cigarette, chewing tobacco, snuff, or any tobacco in any of its forms to any person under the age of eighteen or, not being his parent or guardian, gives a cigarette, chewing tobacco, snuff, or tobacco in any of its forms to any person under the age of eighteen, shall be punished by a fine of not less than one hundred dollars ($100.00) for the first offense, not less than two hundred dollars ($200.00) for the second offense and not less than three hundred dollars ($300.00) for any third or subsequent offense. 9.2 Posting State Law. In conformance with Massachusetts General Laws, Chapter 270, Section 7, a copy of Massachusetts General Laws Chapter 270, Section 6 shall be posted conspicuously by the owner or other Person in charge thereof in the shop or other place used to sell cigarettes at retail. The notice to be posted shall be that notice provided by the Massachusetts Department of Public Health. Such notice shall be at least 48 square inches and shall be posted at the cash register which receives the greatest volume of single cigarette package sales in such a manner so that it may be readily seen by a person standing at or approaching the cash register. Such notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of less than 4 feet or greater than 9 feet from the floor. For all other cash registers that sell cigarettes, a notice shall be attached which is no smaller than 9 square inches, which is the size of the sign provided by the Massachusetts Department of Public Health. Such notice must be posted in a manner so that it may be readily seen by a person standing at or approaching the cash register. Such notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of no less than 4 feet or more than 9 feet from the floor. The Board of Health or its enforcement officers shall enforce this provision of the by-law. Whoever violates this provision shall be punished by a fine of not more than fifty dollars ($50.00). Any person unlawfully removing a copy so posted while said premises are used for the sale of cigarettes shall be punished by a fine of ten dollars ($10.00). 9.3 Free Standing Displays Prohibited. Free-standing displays of cigarette products, from which individual packages may be selected by the customer, are prohibited. 9.4 Sales Personnel. No person or entity selling tobacco products shall allow anyone to sell cigarettes or other tobacco products until such employee reads the Town by-law and state laws regarding sale of tobacco and signs a sworn statement, a copy of which will be placed on file in the office of the Board of Health, that (s)he understands and will uphold the regulations. 9.5 Free Distribution/Sampling. No person or entity shall, except at full retail price, in or upon any part of the streets, parks, public grounds, public buildings, or other public places within the Town of Lexington distribute any products containing tobacco for any promotional or other commercial purpose. 9.6 Reduced Pricing. No person or entity shall distribute in the Town of Lexington tobacco products substantially reduced in price from the prevailing average retail price of the ''— particular brand as set by the Massachusetts Departmc..t of Revenue. 9.7 Vending Machines. No person shall install or maintain a vending machine to distribute or sell tobacco products unless the vending machine is located within 10 feet and in plain view of the regular location of a person designated to supervise the purchase of tobacco products at the vending machine. No sales of tobacco products are permitted from a vending machine which also offers for sale any non-tobacco product. 86 ARTICLE 34 AS SET FORTH, CONT. 9.8 Packaging. Sale or distribution of tobacco products in any form other than an original factory-wrapped pOcagP-49r9b_ibritedi.-, 9.9 Penalties. Any person or entity who fails to comply with 9.3, 9.4, 9.5, 9.6, 9.7 and 9.8 of this section shall be punished by a fine of not less than one hundred dollars ($100) nor more than two hundred dollars ($200). 9.10 Severability. If any provision of this by-law is declared invalid, the other provisions shall not be affected thereby but shall cont.:nue in full force and effect; or act in any other manner in relation thereto. (Inserted by Martha C. Wood and nine or more registered voters) DESCRIPTION: The proposed amendment to the General By-Laws would limit access to tobacco products by minors. The sponsors of this article would support an amendment to_provide for noncriminal enforcement of this by-law. 87 ARTICLE 34 AS AMENDED AND PASSED ON MAY 5 ARTICLE 34 AMEND GENERAL BY-LAWS/ SALE OF TOBACCO TO MINORS To see if the Town will vote to amend the General Rv,La.ws of the Town of Lexington by adding a new section 9 to Article XXVI thereof as follows: BY-LAW TO LIMIT ACCESS TO TOBACCO BY MINORS 9.1 Sales to Minors. In conformance with Massachusetts General Laws Chapter 270, Section 6, whoever sells a cigarette, chewing tobacco, snuff, or any tobacco in any of its forms to any person under the age of eighteen or, not being his parent or guardian, gives a cigarette, chewing tobacco, snuff, or tobacco in any of its forms to any person under the age of eighteen, shall be punished by a fine of not less than one hundred dollars ($100.00) for the first offense, not less than two hundred dollars ($200.00) for the second offense and not less than three hundred dollars ($300.00) for any third or subsequent offense. 9.2 Posting State Law. In conformance with Massachusetts General Laws, Chapter 270, Section 7, a copy of Massachusetts General Laws Chapter 270, Section 6 shall be posted conspicuously by the owner or other Person in charge thereof in the shop or other place used to sell cigarettes at retail. The notice to be posted shall be that notice provided by the Massachusetts Department of Public Health. Such notice shall be at least 48 square inches and shall be posted at the cash register which receives the greatest volume of single cigarette package sales in such a manner so that it may be readily seen by a person standing at or approaching the cash register. Such notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of less than 4 feet or greater than 9 feet from the floor. For all other cash registers that sell cigarettes, a notice shall be attached which is no smaller than 9 square inches, which is the size of the sign provided by the Massachusetts Department of Public Health. Such notice must be posted in a manner so that it may be readily seen by a person standing at or approaching the cash register. Such notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of no less than 4 feet or more than 9 feet from the floor. The Board of Health or its enforcement officers shall enforce this provision of the by-law. Whoever violates this provision shall be punished by a fine of not more than fifty dollars ($50.00). Any person unlawfully removing a copy so posted while said premises are used for the sale of cigarettes shall be punished by a fine of ten dollars ($10.00). 9.3 Free Standing Displays Prohibited. Free-standing displays of tobacco products, from which individual packages may be selected by the customer, must be located on or over the check-out counter in full view of a person designated to supervise the purchase of tobacco products from the display. 9.4 Sales Personnel. No person or entity selling tobacco products shall allow anyone to sell cigarettes or other tobacco products until such employee reads the Town by-law and state laws regarding sale of tobacco and signs a sworn statement, a copy of which will be placed on file in the office of the Board of Health, that (s)he understands and will uphold the regulations. 9.5 Free Distribution/Same ling. No person or entity shall, except at full retail price, in or upon any part of the streets, parks, public grounds, public buildings, or other public places within the Town of Lexington distribute any products containing tobacco for any promotional or other commercial purpose. 9.6 Reduced Pricing. No free or nominal cost tobacco products shall be distributed or sold within the Town of Lexington. No person shall distribute any coupons or vouchers redeemable for tobacco or tobacco products for free or at a nominal cost within the Town of Lexington. Such restrictions shall not apply to coupons in magazines, newspapers, other periodicals, or affixed to packaging. 88 • ARTICLE 34 AS AMENDED AND PASSED ON MAY 5, CONT. 9.7 Vending Machines. No person shall install or maintain a vending machine to distribute or sell tobacco products unless othe vending,, hi n mace is;]>ocated,q -F41.>k0 fel.j.001, plain view of`the regular location of'a person " "esignafee to supervise theinriiliase oabacco products at the vending machine. No sales of tobacco products are permitted from a vending machine which also offers for sale any non-tobacco product. 9.8 Packagine. Sale or distribution of tobacco products in any form other than an original factory-wrapped package is prohibited. r-. 9.9 Penalties. Any person or entity who fails to comply with 9.3, 9.4, 9.5, 9.6, 9.7 and 9.8 of this section shall be punished by a fine of not less than one hundred dollars ($100) nor more than two hundred dollars ($200). 9.10 Severability. If any provision of this by-law is declared invalid, the other provisions shall not be affected thereby but shall continue in full force and effect; or act in any other manner in relation thereto. (Inserted by Martha C. Wood and nine or more registered voters) DESCRIPTION: The proposed amendment to the General By-Laws would limit access to tobacco products by minors. The sponsors of this article would support an amendment to provide for noncriminal enforcement of this by-law. • J 89 (ADJOURNED SESSION. A.T.M. , CONT. - MAY 5 . 1993 ) ARTICLE 35 EARLY RETIREMENT MOTION: that the Town accept Section 48 of Chapter not passed r-- 133 of the Acts of 1992 see below 8: 32 p.m. Presented by Eric Michelson, P3 . 8 : 34 p.m. William Petrino , Lexington Police Department, explained. 8 :41 p.m. William Dailey, Board of Selectmen, stated unanimous opposition. 8 : 45 p.m. George Burnell , Appropriation Committee, stated unanimous opposition to the motion. Following a voice vote at 8 : 47 p.m. , the Moderator declared the motion not to have been adopted. ARTICLE 40 BOWMAN SCHOOL PROPERTY FOR LEXHAB MOTION: That the care , custody, management and passed control of the vacant lot along Philip Road no see below longer needed by the School Department be transferred to the Board of Selectmen to be used for housing or other municipal purposes . 8 :47 p.m. Presented by Selectman McSweeney. 8 : 49 p.m. Marshall Derby, LexHAR Chairman, outlined the concerns and procedures which had been and would continue to be followed. 8 : 54 p.m. Joyce Miller, Conservation Commission Chairman, stated that the Commission had done informal reviews in all season and weather but that any LexHAB submittal would be evaluated as any other. 8 : 57 p.m. The Moderator called for a standing vote which was tallied as follows : Precinct Yes No Abstain 1 13 1 2 14 0 3 15 0 4 16 0 5 10 0 6 15 0 7 17 0 8 16 0 9 14 2 At large 21 0 Totals 151 3 9 : 00 p.m. 'The Moderator declared the article to have been adopted. 9 : 01 p. m. Arthur Smith, P4 , moved Reconsideration of Article 24 Zoning By-Law/Golf in Residential Zoning Districts . 9 : 08 p.m. Robert Domnitz , Planning Board, stated that the Board would make no recommendation on this motion. 90 (ADJOURNED SESSION. A.T.M. . CONT. - MAY 5 . 19-9&) ;:;t _ , There was discussion as to whether this was Town Meeting ' s job or should be left to the Board of Appeals . 9 : 14 p.m. Marsha Baker, P7 , moved the question. Following a voice vote at 9 : 14 p.m. , the Moderator declared the question to be before the Meeting. Following a voice vote at 9 : 14 p.m. , the Moderator declared that Reconsideration did not prevail . ARTICLE 43 USE OF FUNDS TO REDUCE TAX RATE MOTION: That the sum of $250 , 000 be passed appropriated to reduce the tax levy for the fiscal year beginning July 1 , 1993 , and that see below such amount be transferred from the Unreserved 1 Fund Balance . I 1 9 : 15 p.m. Presented by Selectman Dailey. 9 : 16 p.m. George Burnell , Appropriation Committee , stated support . Following a voice vote at 9 : 17 p.m. , the Moderator declared passage . 9 : 18 p.m. William Dailey, Chairman of the Board of Selectmen, moved that the meeting be dissolved. II] Following a voice vote at 9 : 18 p.m. , the Moderator declared the meeting to be dissolved. A true copy. AO' ` Attest : „../7 (17 .----21L-1.-L.,,--a._ Bernice H. Fallick, Town Clerk 1 J 1 _ _____ __ , __ � �� . � (WARRANT FOR SPECIAL TOWN ELECTION - SEE WARRANT FILE) To fill an unexpired term for Selectman ending March 6, 1995 SPCClAl. TOWN ELECTION - MONDAY, SEPTEMBER 13, 1993 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, September 13, 1993, at 7 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Lexington Senior High School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The Election Officers of the various precincts were assigned for duty as follows: Precinct One Warden Eileen Fradette Clerk Suzanne Barry Inspector Margaret Blouin Inspector Robert Blouin Inspector Audrey Frazer Inspector George Kalafatis Inspector Martha Shurtleff Precinct Two Warden Kenneth Smith Clerk Donna Alexson r~� Inspector Rita Casey 1: 30 p.m. to closing Inspector Mary Cushman Inspector Robert Greenway Inspector Owen Lafley Inspector Lois Smith . Precinct Three Warden Marjorie Modoono Clerk Mildred Cronin Inspector Gwendolyn Cram Inspector Helen Euart Inspector Alice Hopkins Inspector Janet Lowther Inspector Seymour Mandel Precinct Four Warden Gull]. Kula Clerk Richard Crawford Inspector Raymond Flynn Inspector Ruth Hamlin Inspector Eric Kula Inspector Dana Regillo Inspector Gladys Snyder Precinct Five Warden Jacqueline Michelove Clerk Winifred Ivester Inspector Marcia Cormier Inspector Dorothy Gauthier Inspector Erma Jordan Inspector Josephine Luther Inspector Martha Zani | 92 (SPECIAL TOWN ELECTION, CONT. - MONDAY. SEPTEMBER 13. 1993) Precinct Six Warden Cornelius Cronin Clerk Dorothy Boggia Inspector Evelyn Belbin Inspector Shirley Bullock Inspector Mary Casey -- Inspector Katherine Geanacopulos __JInspector Barbara Simmons Inspector William Simmons Precinct Seven Warden A. Estelle Szalajeski Clerk Nancy Hayes Inspector Alice Coletta Inspector Barbara Davis Inspector Mary Joseph Inspector Helen MacDonald Precinct Eight Warden Catherine Jones 1 Clerk Michael Barry Inspector Ann Baum Inspector Robert Baum Inspector Stella Laurendeau Inspector Robert MacEwen Inspector Elizabeth Sinclair Precinct Nine Warden John Taylor Clerk Carole Scalise Inspector Carlton Higgins Inspector Edith Paster Inspector Judith Schuler Inspector Edward Sullivan Inspector Anne Taylor The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at 7 a.m. and remained open until 8 p.m. , at which time, after due notice, they were declared closed. The total number of registered voters in each precinct eligible to vote as of August 24, 1993, is as follows: PRECINCT REGISTERED DEM REP UNROLLED VOTERS 1 2079 923 348 808 2 2165 1089 293 783 3 2160 849 408 902 4 2192 946 373 872 5 2315 920 413 982 6 2007 908 404 694 7 2092 926 340 826 8 2154 907 423 820 9 2042 820 340 882 TOTALS 19206 8288 3342 7569 (Total includes the following: United We Stand Party - Pr.3 Socialist - 1 Pr.6 Libertarian - 1 Pr.8 Green - 2, Libertarian - 1 Recap sheets were delivered to the Board of Registrars in the Comptroller's Office. 37.5 % of the registered voters voted. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: 93 TOWN OF LEXINGTON TOWN WIDE TALLY FOR: SPECIAL ELECTIONS PRINTED ON: 13-SEP-93 HELD ON: 13-SEP-93 WINNERS REPORT TOTALS PR1 PR2 PR3 PR4 PRS PR6 P,R7 PRS PR9 VOTE COUNT: 7200 715 764 732 893 820 852 794 903 727 SEL CTMAN ->ELIZA8ETH 8. EDDISON 3239 216 400 339 426 326 450 444 384 304 NANCY N. CANNALONGA GA 3160 735 400 99 283 74 316 75 416 382 47 108 318 84 287 410 343 62 109 77 STEPHEN J. TRIPI ALL OTHERS TOWN OF LEXINGTON TOWN WIDE TALLY FOR: SPECIAL ELECTIONS PRINTED ON: 13-SEP-93 MELD ON: 13-5EP-93 VOTE COUNT REPORT TOTALS PR1 PR2 PR3 PR4 PRS PR6 PR7 PRS PR9 VOTE COUNT: 7200 715 764 732 893 820 352 794 903 727 SELECTMAN NANCY M. CANNALONGA 3160 400 288 316 416 382 318 287 410 343 ELIZABETH 8. EDDION 5289 21* 400 339 426 326 450 444 384 304 STEPHEN J. TRIPI 735 91 74 75 47 106 54 62 109 77 ALL OTHERS -BLANKS 16 2 2 4 4 1 3 II:A true copy. Attest: Bernice H. Fallick, Town Clerk 1 94 (WARRANT FOR TOWN ELECTION - SEE WARRANT FILE) ANNUAL TOWN ELECTION - MONDAY, MARCH 7, 1994 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, March 7, 1994, at 7 a.m. 71 The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Lexington Senior High School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The Election Officers of the various precincts were assigned for duty as follows: Precinct One Warden Robert Blouin Clerk Grace Campbell Inspector Margaret Blouin Inspector Audrey Frazer Inspector Martha Shurtleff Inspector Viola Pike Inspector George Kalafatis Precinct Two Warden Owen Lafley Clerk Donna Alexson Inspector Donald Macbeth 71 Inspector Frances Daveta Inspector Raymond Flynn Inspector Audrey Hosford Inspector Rita Casey 1:30 p.m. to closing Precinct Three Warden Marjorie Modoono Clerk Mildred Cronin Inspector Alice Hopkins Inspector Lillian Drury Inspector Seymour Mandel Inspector Philip Pullen Inspector Daniel Welby Precinct Four Warden Gulli Kula Clerk Richard Crawford Inspector Alfred Mattes Inspector Ruth Hamlin Inspector Eleanor Mattes Inspector Gladys Snyder Precinct Five I Warden Jacqueline Michelove Clerk Winifred Ivester Inspector Priscilla Winter Inspector Josephine Luther Inspector Dorothy Gauthier Inspector Erma Jordon Inspector Robert MacEwen II 95 (ANNUAL TOWN ELECTION. CONT. - MONDAY, MARCH 7. 1994) Precinct Six Warden Cornelius Cronin Clerk Dorothy Boggia Inspector Evelyn Belbin Inspector Mary Casey Inspector Calvin Belbin r- Inspector Barbara Simmons Inspector William Simmons Precinct Seven Warden A. Estelle Szalajeski Clerk Nancy Hayes Inspector Dana Regillo Inspector Miriam Miller Inspector Helen MacDonald Inspector Robert Greenway Precinct Eight Warden Catherine Jones Clerk Jerry Abegg Inspector Florence Murray Inspector Elizabeth Sinclair Inspector Stella Laurendeau Inspector Nicholas Hay Inspector Eric Kula Precinct Nine Warden John Taylor Clerk Carole Scalise Inspector Carlton Higgins r-- Inspector Janet Lowther Inspector Katherine Geanacopulos Inspector Anne Taylor Inspector Catherine D'Entremont The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at 7 a.m. and remained open until 8 p.m. , at which time, after due notice, they were declared closed. The total number of registered voters in each precinct eligible to vote as of February 15, 1994, is as follows: PRECINCT REGISTERED DEM REP UNROLLED VOTERS 1 1822 817 300 705 2 2178 1094 288 796 3 2152 840 400 911 4 2317 1008 387 922 5 2124 850 376 898 6 2302 1023 440 838 7 2082 920 336 826 8 2215 930 442 840 r-- 9 2056 820 355 881 TOTALS 19248 8302 3324 7617 (Total includes the following: Pr.3 Socialist - 1 Pr.6 Libertarian - 1 Pr.8 Green - 2, Libertarian - 1 Recap sheets were delivered to the Board of Registrars in the Comptroller's Office. 26.9898 % of the registered voters voted. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: _ TOWN OF LEXINGTON T IDE TALLY-FORS 3 OCAL ELECTIONS PRINTED ON: 07-MAR-94 HELD ON: 7-MAR-94 WINNERS REPORT 19248 TOTAL REGISTERED VOTERS TOTALS PRI PR2 PR3 PR4 PRS PR6 PR7 PR8 PR9 VOTE COUNT: 5195 405 576- 470 667 581 735 547 806 408 PERCENTAGE VOTING: 26.9898Z SELECTMAN - ->WILLIAM J. DAILEY. JR. 3364 272 372. 308 426 383 469 326 520 288 JAY KAUFMAN 1 - 1 ALL OTHERS - ▪BLANKS 1830 133 204- 162 241 198 265 221 286 120 MODERATOR _ •>MARGERY M. BATTIN 3424 248 371 322 435 356 504 377 532 279 ^l - ALL OTHERS BLANKS 1771 157 205 148 232 225 231 170 274 129 SCHOOL COMMITTEE ->BARRIE PELTZ 2945 187 338 293 415 279 434 339 421 239 .').SUSAN A. ELBERGER 2736 177 301 272 375 256 385 321 425 224 JOHN HAYWARD 1771 165 173 145 201 251 254 170 268 144 MARTIN V. SUSSMAN 1648 143 197 128 213 214 230 151 255 117 ALL OTHERS ▪BLANKS 1290 138 143 102 130 162 167 113 243 92 PLANNING BOARD _ ->FREDERICK L. MERRILL. JR. 3147 200 340 330 427 334 490 334 443 249 - JAMES A. NICOLORO 1004 133 117 68 130 132 103 89 153 79 ALL OTHERS -BLANKS 1044 72 119 72 110 115 142 124 210 80 LEXINGTON HOUSING AUTHORITY -)DONALD D. WILSON 3048 248 348 280 384 354 422 308 461 243 - ALL OTHERS -BLANKS 2147 157 228 190 283 227 313 239 345 165 PR-1 TOWN MEETING MEMBERS >JEAN W. COLE 202 )JUDITH L. ZABIN 197 •>CHARLES E. SHAW 192 >JAMES A. NICOLORO 192 `J >JOEL A. ADLER 191 >JOSEPH J. VOLANTE 188 >LAURA L. BOGHOSIAN 188 >JAMES E. BARRY 187 =>MARSHA S. GOLDBERG 173 -->CHAUR-MING CHOU 162 =>DANIEL ZIEDELIS 120 _ JONATHAN G. COLE 10 ROSE ROBINSON MAURIELLO 8 BLANKS 2453 PR-2 TOWN MEETING MEMBERS ▪)KRISTIN S. O' SULLIVAN 336 )MICHAEL J . O'SULLIVAN 317 =>MARITA B. HARTSHORN 314 )MARIAN A.O. COHEN 303 -)ALAN B. WILSON 281 ->HEATHER L. HARTSHORN 275 ->DONALD D. WILSON 265 ->EDNA M. WELCH 257 =>ELLSWORTH H. FISHER 202 TAPE.@ AL DW ----- -202__ THADDEUS P. KOCHANSKI 1 LYNDA A. WIK 1 ALL OTHERS 1 CHRISTINE L. KOCHANSKI -BLANKS 2429 IIS 97 MARCH 7, 1994 PR-3 TOWN MEETING MEMBERS 05 ->JACQUELINE B. DAVISON 3304 ->CALEB WARNER =>CAROL J. GRODZINS 284 2723 ->JEANNE K. KRIEGER )SAMUEL BERMAN 272 ->VICKY L. SCHWARTZ 255 ->ROBERT ROTBERG- 241 PAUL E. KEANE 193 ALL OTHERS 1195 -BLANKS PR-4 TOWN MEETING MEMBERS >BARRIE PELTZ 448 >FREDERICK L. MERRILL,► JR. 350 =>CAROL B. HARTMAN 340 =>PETER C.J. KELLEY 305 ->NICHOLAS A. CANNALONGA 275 >KATHERINE 6. FRICKER 274 >MICHAEL WAGNER 253 ANN WARREN IRVING 209 AMY CONTRADA 200 ARTHUR C. SMITH 196 LISA A. BAC' 134 ALL OTHERS =BLANKS 1725 PR-5 TOWN MEETING MEMBERS ->IRA W. CROWE 286 >MARSHA F. BYRNES 269 r_.,, :.>THOMAS 0. FENN 259 ->MARGARET C. NICHOLS 242 >MARY KATHRYN WOLF 235 ->STEVEN COLANGELO 212 =>MELINDA D. VINTON 211 >WILLIAM H. COPP, JR. 202 IRENE M. DONDLEY 198 PAUL NESBEDA 188 JOHN L. SHERFF 169 PETER BUNZICK 148 ALL OTHERS BLANKS 2029 PR-6 TOWN MEETING MEMBERS ->MARJORIE M. DAGGETT 377 ->CYNTHIA L. BLUMSACK 367 =>EDITH SANDY 364 ->FRANK SANDY 359 =>JANE PAGETT 348 =>EDMUND C. GRANT 334 ->SHELDON A. SPECTOR 319 =>DAVID L. KAUFMAN 316 >MARSHALL J. DERBY 293 ->JASON BERGER 291 ->MARJORIE A. PLATT 281 =>FLORENCE A. BATURIN 252 >SUZANNE HILL BARRY 239 KATE DIAMOND 235 LAURA M. SHEEDY 234 ROBIN CURRIE 199 LEONA W. MARTIN 180 FRANK E. KIRKLAND 140 SCOTT LEVINGSTON 1 ALL OTHERS =BLANKS 4426 98 MARCH 7, 1994 PR-7 TOWN MEETING MEMBERS —>RICHARD T. HOWE 315 —>MARSHA E. BAKER 304 :.>JEANETTE P. WEBB 303 >ALAN GARBER 299 —% >FRED H. MARTIN 287 =>ANJAN MUKHERJEE 266 =>ROBERT G. COYNE 263 CLARK A. COWEN 245 ALL OTHERS -BLANKS 1547 PR.°B TOWN MEETING MEMBERS —>RICHARD H. BATTIN 422 —>SUSAN A. ELBERGER 413 —>CAROLYN H. TIFFANY 374 ▪>DONALD JENKINS, JR. 373 :.>STEVEN J. HURLEY 357 =>PAUL W. JENKINS 347 ▪>MCRTON G. KAHAN 274 ▪>ROBERT V. WHITMAN 271 H. BIGELOW MOORE 253 SETHA 6. OLSON 225 DONALD L. BAILEY 215 CHARLES M. CULLEN 205 FRANCIS MOLLE 157 KATHLEEN VOGT KISSEL 129 ALL OTHERS -BLANKS 2433 PR9 TOWN MEETING MEMBERS 219 —>JANET M. PERRY >SUSAN R. CUSACK 213 2023 >FRED D. ROSENBERG 2 — 20 >RICHARD L. CANALE 2 — >PAUL E. MAZERALL 2000 =>LORETTA A. PORTER 16 :,: 193 >JOYCE A. MILLER 182 ->JAMES J. SCANLON 4 ▪>DAVID G. MILLER 11874 EDWARD W. SULLIVAN, JR. 1 KENNETH COLLINA ALL OTHERS 1740 BLANKS A true copy. Attest: Town Clerk • i 99 1994 ANNUAL TOWN MEETING - MARCH 21 , 1994 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall, followed by the invocation. A quorum was present. r— A moment of silence was observed in memory of longtime members Jacquelyn Smith, Elizabeth Clarke, and Eric Clarke. Town Clerk Bernice Fallick read the Town Warrant until waived and the Constable' s Return. ARTICLE 2 REPORTS 8 : 18 p.m. George Burnell , Appropriation Committee , moved that the report of the committee be accepted and placed on file. Following a voice vote at 8 : 19 p. m. , the Moderator declared the report to have been accepted and placed on file . 8 : 19 p.m. Nicholas Cannalonga, Capital Expenditures Committee , moved that the report of the committee be accepted and placed on file. Mr. Cannalonga presented the report. Following a voice vote at 8 : 22 p.m. , the Moderator declared the report to have been accepted and placed on file. I I 8 : 22 p.m. Selectman William Dailey, Jr. , moved that the report of the Cary Lecture Series Committee be accepted and placed on file and the Committee be discharged. 8 : 23 p.m. Bonnie Meek of the Committee presented the report . Following a voice vote at 8 : 25 p.m. , the Moderator declared the report to have been accepted and placed on file and the Committee discharged. 8 : 26 p.m. Selectman Dailey moved that the report of the Town Manager be accepted and placed on file . Frank Sandy, Pr. 6 , questioned the status of the North Lexington Pumping Station project . The Town Manager brought the Meeting up-to-date. Following a voice vote at 8 : 28 p.m. , the Moderator declared the report to have been accepted and placed on file . Donald Chisholm, Recreation Committee , presented an fl update on the Recreation Enterprise Fund. - ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES MOTION: That a committee of three be appointed by the Moderator to have the charge of the lectures under the wills of Eliza Cary Farnham and Suzanna E. Cary for the current year. 8 : 35 p.m. Presented by Selectman Dailey. Following a voice vote at 8: 35 p.m. , the Moderator declared unanimous adoption of the motion. _ _ _ 100 (ANNUAL TOWN MEETING. CONT. - MARCH 21 . 1994 ) 8 : 36 p.m. George Burnell , Chairman of the Appropriation Committee, moved the following: MOTION: that Articles 4 , 9 , 15 , 16 , 17 , 20, 22 , 28 , 31 and 34 be taken up sequentially beginning Wednesday, March 30 . Following a voice vote at 8: 36 p.m. , the Moderator .� declared unanimous adoption of the motion. - ARTICLE 5 SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (FY 94 ) MOTION: That the sum of $676,435 be appropriated to line item 1100 of the current fiscal year' s budget , and to raise such amount $676 , 435 be Adopted transferred from receipts reserved for appropriation. 8 : 38 p.m. Presented by Selectman Dailey. 8 : 40 p.m. John Oberteuffer, School Committee , stated support. 8 : 41 p.m. George Burnell , Appropriation Committee, stated support. Following a voice vote at 8 :41 p.m. , the Moderator declared unanimous adoption of the motion. ARTICLE 6 PRIOR YEARS' UNPAID BILLS MOTION: That this article be indefinitely postponed. 'Indefinitely 'ostponed 8 : 41 p.m. Present by Selectman Busa. Following a voice vote at 8 :42 p.m. , the Moderator declared unanimous adoption of the motion. ' ARTICLE 7 SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED CAPITAL IMPROVEMENT PROJECTS MOTION: That the sum of $40 , 000 , in addition to the amount appropriated under Article 17 of the Warrant for the 1993 Annual Town Meeting , be Adopted appropriated for making repairs to the Center Pool Complex; and to raise such amount $40 , 000 be transferred from the Recreation Enterprise Fund. 8 : 42 p.m. Presented by Donald Chisholm, Recreation Committee . � 1 8 : 45 p.m. Daniel Busa, Jr. , Board of Selectmen, stated approval . .�.1 8 : 46 p.m. Nicholas Cannalonga, Capital Expenditures Committee , stated unanimous approval . 8 : 46 p.m. George Burnell , Appropriation Committee, stated approval . Following a voice vote at 8 :47 p.m. , the Moderator declared unanimous adoption of the motion. • Notice of Reconsideration on Article 7 was served by Michael Schroeder, P9 , at 8 : 57 p.m. 101 ' OT aToTgav .4suTyy osTy ogm ' 6d 'aapaoagos TavgoTH £q paAaas SM 8 pup L saToT4av uo uoTTeaapTsuooau JO aoTqoN mi'd 8g : 8 . TvAoaddu paTeqs 'aall.Tmmoo saanqTpuadxa TygTdep 'quommvap preuou .m.d gg : 8 . TPAoaddy pas ' aaqqTmwoo uoTqviTadoaddv ' TTauang aaoaD .m.dgg : 8 .uosTppa upwqoaTas Aq paquasaad .m.d gg : 8 .sqoaroad Jamas gons aoj pi y aqyqs pus Tpaapaj Jo uoTqpdToTqwe uT moaapq pup puadxa "Adeoop 4.10J ATddv o . uamqoaTas aq . azTampny oq pup :pun d esTadaaqua aamas egg moaj paaaajsupaq aq 1 000'038$ qunowy gong aspiaol. pus 000 ' 03£$ Jo wns agq uoTqTsTnboy puuT pus uoTTeTteqsuT gong aoj aTeTadoaddv oq :aojaaagq Aapssapau pup' uT qsaaaquT aagqo ao quawasva 'aaj Awe aaTnboy asTmaaqqo ao aslagoand 'uT8wop quauTma Aq aNyq 01 pup ' asTmaagio Jo (joaaagi quampuaure pup oqaaagq uoT4Tppy uT sqop put? ' L68T Jo s40V aq . ZOT 'd JO 170g aaidygo gqTm aouppa000P uT ' asTmaagqo peldopy ao squamaaqqaq Jo quamssassp oq qoacqns ' auTmaaqap Sym uamloaTas agq sy pup' aaggo ao siaaaqs paqdaooPun so paqdapop gong uT smaqsAs apaamas pus suTym aamas Iraq suT og pazTaogyve aap Aqaaag Aagg puy aq uamqoaTas qygy :NOTION NOTIVIS dlind anNonv macuivwsuamas AHVIINVS OT aion/tv , .m.d Lg : 8 aapaoagos TaygoTw Aq paAaas SM 8 aToTqay uo uoTqsaapTsupoaH To aoT4oN. .uoTgow agi To uoTi.dopy snomTuPun paapToap aoqpaapoH gg : 8 qu aqoA aoToA uTMoTToa ' TPAOJddP paqvis ' aall.Tmmoo saanqTpuadxa TP.ITdIRD ' quommpap pTpuou .m.d gg : 8 . qaoddns pas ' aail.Tmwop uoTqsTadoaddv ' TTauang aaoaD .m.d gg : 8 .uosTppa upmqoaTas Aq paquasaad .m.d L17 : 8 . sloaroad aaipm gong aoj PT aqvis pup Tpaapaj To uoTTedToTque uT moaaoq pup puadxa 'qdaoot. 'aoj &1dd o uamqoaTes azTaogqnp oi pup :pund asTadaaqua aaqpm 0(44 W0JJ paaaajsupaq aq 000 ' 06£$ iunomp gong asTya 04 pup :uoTlTsTnbop pupT pu UTUTT pup uoTTeTTP1suT gong aoj 000' 06E$ aqpTadoaddy 01 :aojaaagq Aaussaoau pupT uT qsaaaiuT Jowl.° JO quawaspa ' aaj aaTnboy asTmaaglo ao asvgoand 'uTymop quauTma Aq aNyq og put? 'asTmaagio ao squamaaigaq JO quamssassy o . ioarqns ' auTmaaqap A-gm uamqoaTas agq sy pupT aagqo ao siaaals pagdaoopun paqdopv ao pagdaoop gong uT sa4v5 Jalvm Iraq suT pup suTpm aaqvm auTTaa pug cult pup SUT8W JM quamaopTdaa JO Mall TTP4SUT 04 pazTaoglny aap Agaaag Aagq pug. aq uamloaTas 41 qvgy :NOTION SNIVR HHIVM 8 H'1OIRIV ' TZ HOHVN - ' ,MOD 'oNnaaw NMOI qVIINNV ) 1 102 (ANNUAL TOWN MEETING, CONT. - MARCH 21 , 1994 ) Following a voice vote at 8: 57 p.m. , the Moderator declared adoption of the motion. •Notice of Reconsideration on Article 10 was served by Michael Schroeder at 9 : 18 p.m. ARTICLE 11 STREET IMPROVEMENTS MOTION: That the Treasurer with the approval of the Selectmen be authorized to issue Highway Reimbursement Notes of the Town under G.L. c .44 , sec. 6 , as amended, in anticipation of Adopted reimbursement by the Commonwealth for highway reconstruction and improvements under the authority of Chapter 90 of the General Laws as funded, and that notes issued for a shorter period than two years may be refunded by the issue of new notes maturing within two years from the date of the original obligation, and that the Selectmen are authorized to accept highway funds from all sources including the $400 , 000 allocated under Chapter 33 of the Acts of 1991 which are hereby appropriated for highway purposes. 8 : 58 p.m. Presented by Selectman Busa. 9 : 00 p.m. George Burnell , Appropriation Committee , stated approval . 9 : 01 p.m. Ronald Grammont , Capital Expenditures Committee , stated approval . Following a voice vote at 9 : 01 p.m. , the Moderator declared adoption of the motion. •Notice of Reconsideration on Article 11 was served by Michael Schroeder at 9 : 18 p.m. ARTICLE 12 STREET ACCEPTANCE AND CONSTRUCTION MOTION: To establish as Town ways and accept the layout of the following Town ways: Sanderson Road from Lowell Street a distance of 1211 feet, more or less , to the existing Town layout; Adopted Orchard Lane , from Sanderson Road Southerly a P. 103 distance of 650 feet , more or less, to the end; Mead Circle from North Emerson Road Northerly a distance of 325 feet, more or less, to the end; Battle Green Road from Minute Man Lane Easterly a distance of 375 feet , more or less , to the end; Royal Circle from Grove Street Easterly a distance of 625 feet , more or less, to the end; Sunset Ridge Road from Buckman Drive Easterly a distance of 750 feet , more or less, to the end. 103 Nj (ANNUAL TOWN MEETING, CONT. - MARCH 21 . 1994) all as laid out by the Selectmen and shown upon plans on file in the office of the Town Clerk, dated November 30, 1993 , and to authorize the Selectmen to take by eminent --- domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9: 03 p.m. Presented by Selectman Busa. 9 : 03 p.m. Joel Adler, P1 , asked about standards for street acceptance and Richard Spiers, DPW, responded. Following a voice vote at 9: 04 p.m. , the Moderator declared unanimous adoption of the motion. ARTICLE 13 PINE MEADOWS GOLF CLUB IMPROVEMENT MOTION: That the sum of $160 , 000 be appropriated to make improvements to the Pine Meadows Golf Course as determined by the Recreation Adopted Committee with the approval of the Board of Selectmen, and to raise such amount $160 ,000 be transferred from the Recreation Enterprise Fund. 9 : 04 p.m. Presented by Donald Chisholm, Recreation Committee. r--^ 9 : 05 p.m. Richard DeAngelis , Recreation Committee , presented a report. 9 : 08 p.m. Sam Nablo , Appropriation Committee, stated approval . 9 : 08 p.m. Nicholas Cannalonga, Capital Expenditures Committee, stated approval . 9 : 09 p.m. Daniel Busa, Jr. , Board of Selectmen, stated approval . There were several questions from Town Meeting Members to which Mr. Chisholm responded. Following a voice vote at 9 : 15 p.m. , the Moderator declared adoption of the motion. -Notice of Reconsideration on Article 13 was served by Frank Sandy, Pr 6 , at 9: 16 p.m. /ARTICLE 14 LINCOLN PARK DEVELOPMENT MOTION: That this article be indefinitely postponed. Indefinitely 9 : 16 p.m. Presented by Donald Chisholm, Recreation Postponed Committee. Following a voice vote at 9 : 17 p.m. , the Moderator declared adoption of the motion. ARTICLE 18 LAND PURCHASE/WOBURN STREET MOTION: That this article be indefinitely postponed. Indefinitely 9 : 17 p.m. Presented by Selectman Dailey. Postponed Following a voice vote at 9 : 17 p.m. , the Moderator declared unanimous adoption of the motion. 104 (ANNUAL TOWN MEETING, CONT. - MARCH 21 , 1994 ) ARTICLE 19 MISCELLANEOUS SCHOOL ARTICLE MOTION: That the sum of $2 , 145 ,000 be appropriated for remodeling, reconstructing and making extraordinary repairs to school buildings and for the purchase of fl additional equipment therefor; that to meet this As adopted appropriation the Treasurer with the approval of the -- See P. 109 Selectmen is authorized to borrow $2 , 145 ,000 under G.L. c.44 , §7 or Chapter 645 of the Acts of 1948 as amended; and that the Permanent Building Committee is authorized to take all action necessary to carry out this project, provided, however, that no debt may be incurred in excess of $960 ,000 until the State Board of Education approves a construction grant equal to at least 59% of the eligible costs of the project. 9 : 18 p.m. Joseph Dini , School Committee , moved to postpone this article until Wednesday, March 23 . Following a voice vote at 9 : 18 p.m. , the Moderator declared postponement. ARTICLE 21 NOTICE OF INTENT FEES MOTION: That the sum of $9 , 740 be appropriated to the Conservation Fund - Wetlands Interest Fees Account for the purpose of administering the Wetlands Protection Act , and to raise such Adopted amount $9 , 740 be transferred from the Reserve for Appropriation for Wetlands Protection Fund account . 9 : 19 p.m. Presented by Joyce Miller, Conservation Commission. 9 : 20 p.m. George Burnell , Appropriation Committee , stated approval . 9 : 20 p.m. William Dailey, Jr. , Board of Selectmen, stated approval . Following a voice vote at 9 : 21 p.m. , the Moderator declared unanimous adoption of the motion. •Notice of Reconsideration on Article 21 was served by Michael Schroeder, P9 , at 9 : 30 p.m. ARTICLE 23 CONSERVATION COMMISSION LAND ACCEPTANCE MOTION: That the Town accept a gift of land shown as Lots 86A and 87A on Assessors' Property Map 9 from Arthur DeVincent for conservation purposes including outdoor recreation as 1 Adopted provided by Section 8C of Chapter 40 of the P. 105 General Laws, as amended. 9 : 22 p.m. Presented by Joyce Miller, Conservation Commission. The Moderator recognized Angela Frick, Conservation Commission who presented information on the article . 9 : 24 p.m. Dan Fenn, Jr. , Board of Selectmen, stated unanimous approval . Discussion followed. 105 (ANNUAL TOWN MEETING. CONT. - MARCH 21 , 1994 ) 9 : 29 p.m. William Simmons, P6 , moved the question. Following a voice vote at 9: 29 p.m. as to whether the main motion should be put, the Moderator declared the motion to be before the meeting. [- Following a voice vote at 9: 30 p.m. , the Moderator declared adoption of motion. PARTICLE 24 ZONING BY-LAW AMENDMENT/JUMBO HOUSE SETBACKS MOTION: That this article be indefinitely postponed. Indefinitely 9 : 31 p.m. Presented by Robert Domnitz , Planning Board. Postponed Following a voice vote at 9 : 33 p.m. , the Moderator declared unanimous adoption of the motion. / /ARTICLE 25 RESCISSION OF AUTHORIZED AND UNISSUED DEBT MOTION: That the $595 of unused borrowing authorization voted under Article 31 of the Adopted Warrant for the 1990 Annual Town Meeting be rescinded. 9 : 33 p.m. Presented by Selectman Dailey. r^, Following a voice vote at 9 : 34 p.m. , the Moderator declared unanimous adoption of the motion. 'ARTICLE 26 BY-LAW FOR INTEREST ON UNPAID WATER BILLS MOTION: That Article XXIV of the General By-Laws be amended by adding a new Section 5 thereto as set forth in the article. As set forth in the Article : To see if the Town will vote to amend Article XXIV of the Adopted General By-Laws by adding a new Section 5 thereto as follows: Accepted by Attorney General Section 5 . All municipal charges and bills shall be dueon June 9, 1994 and payable within thirty days from the date of issue. Municipal charges and bills not paid on time shall thereafter bear interest on the unpaid balance at the rate of fourteen percent per annum. or act in any other manner in relation thereto. r-- 9 : 35 p.m. Presented by Selectman Dailey. Following a voice vote at 9 : 41 p.m. , the Moderator declared adoption of the motion. 'ARTICLE 27 M.G. L. 30B §12 - TOWN CONTRACTS MOTION: That the Procurement Officer be permitted to solicit and award contracts for -goods and Adopted services for a term not exceeding five years. 9 : 41 p.m. Presented by Selectman Dailey. Following a voice vote at 9 :43 p.m. , the Moderator declared adoption of the motion. 106 (ANNUAL TOWN MEETING, CONT. - MARCH 21 . 1994 ) •Notice of Reconsideration on Article 27 was served by Michael Schroeder at 10:07 p.m. . ARTICLE 30 GENERAL BY-LAW AMENDMENT/ARTICLE V, ^' SECTION 22 MOTION: That the General By-Laws be amended as set forth in the article. To amend the General By-Laws of the Town of Lexington by inserting in Section 22 of Article 5 , after the word "declared" , the words" , except that an article involving the expenditure of Town funds may be reopened only one more time when reconsideration is voted by approval of at least half of the total members and four-fifths of those Not members voting and then the motion being reconsidered Adopted shall be reopened at a subsequent session of the meeting P. 107 no sooner than five days later, " and by adding at the end of Section 22 of Article 5 the worjs: "No motion shall be reconsidered more than twice . " and by inserting in Section 24 of Article 5 , after the words "no question shall be twice reconsidered" , the words "except as provided in Section 22" ; and by inserting in Section 10 of Article 5 , just before the last period of the sentence, the words "and except as provided in Section 22" ; or act in any other manner in relation thereto. 9 : 45 p.m. Presented by Ephraim Weiss , P5 , who responded to questions. 9 : 53 p.m. Selectman Dailey stated that the Board had no position. 9 : 57 p.m. Peter Enrich stated that the TMMA Executive Committee thought the process to be constructive . 10 : 00 p.m. George Burnell , Appropriation Committee , stated majority opposition. 10 :00 p.m. Samuel Berman, Pr3 , moved the question. Following a voice vote at 10 : 00 p.m. as to whether the main motion should be put , the Moderator declared the motion to be before the meeting . Following a voice vote at 10 : 01 p.m. which was in doubt, the Moderator called for a standing vote which was tallied as follows : Precinct Yes No Abstain jff 1 6 13 2 8 11 3 10 5 4 2 12 5 9 h 6 9 7 5 8 5 At large 10 18 Totals 67 112 107 (ANNUAL TOWN MEETING. CONT. - MARCH 21 . 1994 ) 10 : 05 p.m. The Moderator declared the motion not adopted. .Notice of Reconsideration on Article 30 was served by Andrew Friedlich, Pr 5 , at 10 :05 p.m. 10 :06 p.m. John Oberteuffer, School Committee, amended his previous motion on Article 19. MOTION: that Article 19 be brought up on Monday, March 28 , after Article 29 . Following a voice vote at 10: 06 p.m. , the Moderator declared adoption of the motion. 10 : 07 p.m. William Dailey, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Monday, March 28 , 1994 , at 8: 00 p.m. , in Cary Hall . Following a voice vote at 10 : 07 p.m. , the Moderator declared the meeting to be adjourned. A true copy. Attest: 4111.1 Bernice H. Fallick, Town Clerk _ _ 108 ADJOURNED SESSION - 1994 ANNUAL TOWN MEETING MARCH 28 . 1994 The meeting was called to order by Moderator Margery M. Battin, at 8:05 p.m. , in Cary Memorial Hall. A quorum was present. 8 :06 p.m. The Moderator called a recess in order that the Lexington High School Girls' Basketball Team be introduced. 8: 13 p.m. The Moderator called the meeting back to order. Several procedural items were presented. 8 : 17 p.m. Selectman William Dailey, Jr. , presented a report under Article 2 on the FY95 Budget Agreement. 8: 22 p.m. Caleb Warner, the Cable TV Advisory Committee, moved that the report of the committee be accepted and placed on file. Following a voice vote at 8 : 23 p.m. , the Moderator declared the report to have been accepted and placed on file . John Rugo, BB&N, was recognized to present additional information. 8 : 35 p.m. The Moderator called a recess to allow for distribution of materials. 8 : 38 p.m. The Moderator called the meeting back to order. ARTICLE 29 GENERAL BY-LAW AMENDMENT/POOPER SCOOPER MOTION: That the General By-Laws be amended as set forth in the article. As set forth in the article: To see if the Town will vote to amend the General By-Laws as follows: (a) By adding a new Section 2A to Article XXVIII as follows: Adopted P. 109 "Section 2A. It shall be the responsibility of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his/her dog on any street, public place or any private property of another. Accepted by This section shall not apply to a guide dog accompanying Attorney Generalany handicapped person. " on June 9, 1994 (b) By deleting in Section 6 of Article I the words "Article XXVIII , Sections 2 , 3 ,4 , 5" and substituting therefor the words "Article XXVIII , Sections 2 , 2A, 3 ,4 , 5 . " or act in any other manner in relation thereto. ~` 8 : 38 p.m. Presented by Alan Lazarus, P6 , who introduced Barbara Wachman to speak on the article. 8 : 47 p.m. Donald Chisholm, Recreation Committee, strongly encouraged a "yes" vote. There were several citizen comments in favor. 9 : 06 p.m. Selectman McSweeney stated that the Board of Selectmen were in favor. However, there would be no guarantee of enforcement by the police or the animal control officer. All compliance would be voluntary. 109 (ADJOURNED SESSION, A.T.M. . CONT. - MARCH 28 , 1994 ) 9:09 p.m. Margaret Rawls, P4, moved the question. Following a voice vote at 9:09 p.m. , the Moderator declared the motion to be before the meeting. r— Following a voice vote at 9: 10 p.m. , the Moderator declared adoption of the motion. 'ARTICLE 19 MISCELLANEOUS SCHOOL ARTICLE MOTION: That the sum of $2 , 145 ,000 be appropriated for remodeling, reconstructing and making extraordinary repairs to school buildings and for the purchase of additional equipment therefor; that to meet this appropriation the Treasurer with the approval of the Adopted Selectmen is authorized to borrow $2 , 145 ,000 under G.L. c.44 , §7 or Chapter 645 of the Acts of 1948 as amended; and that the Permanent Building Committee is authorized to take all action necessary to carry out this project. 9 : 11 p.m. Presented by Joseph Dini , School Committee . 9 : 15 p.m. Superintendent of Schools, Jeffrey Young, was recognized to further explain. 9 : 20 p.m. Karen Dooks, Capital Expenditures Committee , spoke in favor. x-- 9 : 21 p.m. Roger Borghesani , Appropriation Committee, stated unanimous support. 9 : 22 p.m. Selectman Dailey stated the support of the Board of Selectmen. There were several questions from members. Following a voice vote at 9: 28 p.m. which was not unanimous, the Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 15 0 2 17 0 3 15 0 4 15 0 5 20 0 6 16 0 7 18 1 8 16 0 9 15 4 At large 26 0 P E� Totals 173 5 9 : 31 p.m. The Moderator declared adoption of the motion. •Notice of Reconsideration on Article 19 was served at 9: 31 p.m. by Karen Dooks. 110 (ADJOURNED SESSION, A.T.M. , CONT. - MARCH 28 , 1994 ) .ARTICLE 32 ESTABLISH COMMITTEE - AUDIT PROCEDURE MOTION: That an Audit Committee be established as set forth in the article. As set forth in the Article: To see if the Town will vote to establish an Audit Committee, appointed by the Selectmen for a term of three years , consisting of between three and five members , none of whom are employed by the Town, conduct business with Not the Town, or are town-wide elected officials; the Audit Adopted Committee shall conduct reviews of internal and external audits and financial reporting of all Town accounts and shall have access to all internal financial control systems, and shall periodically report its findings and recommendations to the Selectmen in a timely manner; these reports shall be a matter of public record, and shall be made available to the public; or act in any other manner in relation thereto. 9 : 33 p.m. Presented by Evelyn Less, P2 . 9 : 35 p.m. Charles Cullen explained his concerns and the reasons for offering this article . 9 : 44 p.m. Elizabeth Eddison, Board of Selectmen, stated unanimous opposition of the Board. 9 : 51 p.m. John Ryan, Comptroller, spoke in opposition. 9 : 54 p.m. George Burnell , Appropriation Committee , stated unanimous opposition. 10 :03 p.m. Frank Sandy, P6 , moved the question. Following a voice vote, the Moderator declared the question to be before the meeting . Following a voice vote at 10: 04 p.m. , the Moderator declared the motion not adopted. ' ARTICLE 33 OVERRIDE MOTION: That the resolution set forth in the article be adopted. As set forth in the Article: To see if the Town will adopt the following resolution. Resolved that the Selectmen, in exercising the override Not provision of M.G.L. Ch 59, Sec 21c , consider a line Adopted item( s ) override. 10 : 05 p.m. Presented by Neal Boyle , Pr7 , who asked the Moderator to recognize Paul Nesbeda. Mr. Nesbeda stated his reasons for support of this article . 10 : 08 p.m. Christina Coughlin, Appropriation Committee , stated unanimous opposition. 10 : 11 p.m. John Oberteuffer, School Committee, stated 1 that a majority of the School Committee opposed the article . 1 Following a voice vote at 10 : 12 p.m. , the Moderator declared the motion not adopted. -1 111 (ADJOURNED SESSION. A.T.M. , CONT. - MARCH 28 , 1994 ) 10 : 13 p.m. William Dailey, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday, March 30 , 1994 , at 8 :00 p.m. , in Cary Hall. flFollowing a voice vote at 10: 13 p.m. , the Moderator declared the meeting to be adjourned. A true copy. 4110 Attest: Bernice H. Fallick, Town Clerk 7 112 ADJOURNED SESSION - 1994 ANNUAL TOWN MEETING MARCH 30. 1994 The meeting was called to order by Moderator Margery M. Battin, at 8: 05 p.m. , in Cary Memorial Hall . A quorum was present. The Moderator outlined procedures for the members and the large number of citizens present. ARTICLE 2 REPORTS 8 : 12 p.m. Richard White presented his report on the budget. Questions were asked to which Mr. White responded. 8 : 38 p.m. George Burnell , Appropriation Committee, stated the committee' s thoughts on regionalization, contractual services and privitization. (ARTICLE 4 OPERATING BUDGET 8 : 42 p.m. Presented by Selectman Dailey. MOTION: That the following amounts be appropriated for the ensuing fiscal year and be raised in the tax levy except where a transfer is indicated Final they shall be provided by such a transfer. Adoption P. 132 The Moderator read the following : Education 1100 Lexington Public Schools $34 , 923 , 877 ( and further that Section 83 of Chapter 71 of the Acts of 1993 , as amended , which provides for an early retirement incentive for members of the Massachusetts Teacher' s Retirement System, is hereby accepted. ) (And further that the School Department is authorized to enter into equipment lease/purchase agreements from time to time provided that each such agreement is subject to annual appropriations. ) 8 :43 p.m. John Oberteuffer, School Committee, spoke. 8 : 50 p.m. The Moderator recognized Jeffrey Young, School Superintendent , who outlined the budget further. 9 : 11 p.m. Richard Howe, Pr 7 , made the following motion: . MOTION: that line item 1100 of the budget be amended to read $35 , 122 , 877 9 : 14 p.m. John Oberteuffer, School Committee, stated that a majority of the committee opposed the amendment . 9 : 15 p.m. Selectman Fenn stated board opposition. 9 : 19 p.m. Christina Coughlin, Appropriation Committee , stated that a majority of the committee was opposed. There were comments for and against from members. Following a voice vote at 9 : 43 p.m. , the Moderator declared the motion not adopted. 113 (ADJOURNED SESSION. A.T.M. . CONT. - MARCH 30 , 1994 ) There were further questions and comments on the budget issues. 9 : 53 p.m. George Burnell , Appropriation Committee, moved to take up at this time line item 4300 Fire Department Personal Services $2 ,829,482. / Following a voice vote at 9 : 53 p.m. , the Moderator declared line item 4300 to be before the meeting . 9 : 54 p.m. Jane Pagett, Appropriation Committee , presented an explanation of ambulance privitization. 9 : 59 p.m. Mrs. Pagett made the following motion: ', MOTION: that line item 4300 , Fire Department Personal Services , be amended to read $2 , 429 , 482 and that the following words be added thereto: (And that the basic life support ambulance services for the Town be provided by a private company. ) 10 : 00 p.m. Sam Nablo , Appropriation Committee , explained. 10 : 04 p.m. Selectman Dailey stated unanimous opposition. 10 : 09 p.m. John Bergeron, Fire Chief , reported on Lexington' s services and those of other communities . There were comments for and against from members and citizens . 10 : 27 p.m. Eric Michelson, P3 , moved to extend debate by 15 minutes . Following a voice vote at 10 : 28 p.m. , the Moderator declared debate to be extended. Questions and comments for and against continued. Following a voice vote at 10 : 52 p. m. , the Moderator declared the motion not adopted. 10 : 52 p.m. William Dailey, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Monday, April 4 , 1994 , at 8 : 00 p.m. , in Cary Hall . Following a voice vote at 10 : 52 p.m. , the Moderator declared the meeting to be adjourned. A true copy. \ /7" Attest: Bernice H. Fallick, Town Clerk 114 ADJOURNED SESSION - 1994 ANNUAL TOWN MEETING APRIL 4 , 1994 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall . A quorum was present. The Moderator outlined procedural items and declared a recess in order that a presentation be made to the National Merit Scholars . Selectman Dailey then presented outgoing Representative Stephen Doran with a gift . 8 : 19 p.m. The Moderator called the meeting back to order and continued with Article 4 : Selectman Dailey responded to questions on the budget. 1200 Regional School 612 , 806 - 8 : 24 p.m. Nyles Barnert spoke as a representative of the vocational school . 8 : 35 p .m. Marita Hartshorn, P2 , made the following motion: MOTION: that line item 1200 be amended by adding the following thereto : (And further that the Board of Selectmen are requested to appoint an ad hoc committee to review the results of an Arlington study on funding post-graduate education, apply them to Lexington, and to report back to the Board of Selectmen and Town Meeting , and to share their report Adopted with other member towns in the Minuteman School District to achieve a consensus on the current and future financial support for the post-graduate program. ) 8 : 40 p.m. Mr. Barnert spoke in opposition. 8 : 43 p.m. George Burnell , Appropriation Committee, stated approval . A number of people spoke in favor. Following a voice vote at 8 : 56 p.m. , the Moderator declared adoption of the motion. The Moderator continued the reading of Article 4 : Employee Benefits 2110 Contributory Retirement 2 , 825 , 960 ' (Of which $65 , 762 is to be transferred from the Water Enterprise Fund and $16 , 441 is to be transferred from the Sewer Enterprise Fund. ) 2120 Non-Contributory Retirement 187 , 533 ' _ 115 (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 4 . 1994 ) 2130 Insurance 689 , 737 , (Of which $53 , 456 is to be transferred from the Water Enterprise Fund and $13 , 364- is to be transferred from the Sewer Enterprise Fund. ) (and further that amounts appropriated in this article for employee benefits shall be transferred to this account 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 compensation plan. ) 2140 Unemployment Benefits 75 , 000- 2150 Police/Fire Medical 35 ,430W Debt Service 2210 Payment on Funded Debt 1 , 582 , 250 " 2220 Interest on Funded Debt 443 , 2084 2230 Temporary Borrowing 75 , 000w 2240 Exempt Debt 1 , 515 , 644 Operating Articles 2310 Reserve Fund 250 , 000 ,, 2320 Municipal Salary Adjustments 0 8 : 58 p.m. Bernice Fallick, Town Clerk/Town Meeting Member at Large , spoke on what reductions mean in the Town Clerk' s office , supported the schools but urged the meeting to recognize that the Town side of government worked under the same philosophy and value system as the schools. 9 : 03 p.m. The Moderator recognized Richard Spiers , DPW Director, who outlined annual benefits and retirement benefits received by the school and not received by the town side employees , stating that the town employees have never had equality with the school employees. 9 : 12 p.m. John Hayward, P5 , made the following motion: MOTION: that Article 4 , Line 2320 , "Municipal Salary adjustments, " be and hereby is, amended by deleting the sum of "$0 . 00" and substituting therefor the sum of Two Hundred Fifty Thousand Dollars Exactly ( $250 , 000 ) , said amount to be appropriated from Free Cash. Mr. Hayward called for a Rollcall Vote . The Moderator asked for a standing tally on that issue and declared r--, sufficient members in favor of a rollcall vote. t_. There were questions and answers . 9 : 30 p.m. Selectman Dailey stated opposition of the Board. 9 : 35 p.m. Jane Pagett , Appropriation Committee, stated majority approval . There was considerable discussion. 9 : 54 p.m. Joel Adler, P1 , moved that debate be extended for an additional 15 minutes. Following a voice vote, the Moderator declared extension. 116 (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 4 , 1994 ) Discussion continued. 10 : 11 p.m. Ephraim Weiss, P5 , moved the following: --, MOTION: that the last 8 words of the amendment be deleted. Following a voice vote at 10: 15 p.m. , the Moderator declared adoption of the motion offered by Mr. Weiss . MOTION After deletion of the last 8 words: that Article 4 , Line 2320 , "Municipal Salary adjustments, " be and hereby is , amended by deleting the sum of "$0 . 00" and substituting therefor the sum of Two Hundred Fifty Thousand Dollars Exactly ( $250 ,000 ) . The Moderator called for a Rollcall Vote which was tallied as follows : TOTAL TALLY OF ROLL CALL VOTE PRECINCT YES NO ABSTAIN ABSENT TOTAL 1 15 3 3 E 2 19 1 1 E 3 20 1 2 4 19 0 2 2 5 19 0 2 2 6 20 1 7 15 4 2 2 8 17 1 3 E 9 16 3 1 1 E AT LARGE 0 4 2 2 8 TOTALS 160 18 3 16 197 YES NO ABSTN ABST PRECINCT 1 Joel A. Adler X Nancy M. Adler X James E. Barry X Laura L. Boghosian X John P. Breen X Chaur-ming Chou X Jean W. Cole X John E. Curry X Joseph J. Dini X Marsha S. Goldberg X Nancy C. Gordon X Sam V. Nablo X James A. Nicoloro X Barry E. Sampson X Charles E. Shaw X Paul G. Topalian X Joseph J. Volante X James S . Wilson X Albert P. Zabin X Judith L. Zabin X Daniel Ziedelis X 11 117 (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 4 , 1994 ) PRECINCT 2 C. Grattan Baldwin X Marian A. O. Cohen X John T. Cunha X Robert W. Cunha X Karen A. Dooks X Leonora K. Feeney X Heather L. Hartshorn X Marita B. Hartshorn X John R. Holt X Myla Kabat-Zinn X Paul H. Lapointe X Evelyn S. Lees X Daniel A. Lucas X Kristin S. O' Sullivan X Michael J. O' Sullivan X j Christina J. Welch X Edna M. Welch X William W. Welch, Jr. X Alan B. Wilson X Carolyn C. Wilson X Donald D. Wilson X PRECINCT 3 Samuel Berman X John P. Carroll X Robert N. Cohen X Bruce Collier X Don J. J. Cordell X Jacqueline B. Davison X Erna S . Greene X Carol J. Grodzins X Gloria V. Holland X Paul E. Keane X Jeanne K. Krieger X Marjorie K. Madoff X Marilyn K. Mairson X Eric Jay Michelson X Mary Edna Neumeier X Richard L. Newmeier X Robert Rotberg X Vicky L. Schwartz X Francis W. K. Smith X Ruth F. Souza X Caleb Warner X PRECINCT 4 Nyles Nathan Barnert X Nancy M. Cannalonga X Nicholas A. Cannalonga X Donald A. Chisholm X Lois J. Coit X L. Gail Colwell X Ronald W. Colwell X Christina E. Coughlin X Peter David Enrich X Katherine G. Fricker X Carol B. Hartman X Peter C. J. Kelley X Frederick L. Merrill , Jr. X Susan B. Peltz X Margaret F. Rawls X Nicholas Santosuosso X Sandra J. Shaw X Ruth S. Thomas X Judith J. Uhrig X Michael Wagner X Martin K. White X 118 (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 4 , 1994 ) PRECINCT 5 Marsha F. Byrnes X Steven Colangelo X --m William H. Copp, Jr. X Howard Cravis X Ira W. Crowe X Wallace Cupp X Elaine Dratch X Thomas O. Fenn X Andrew J. Friedlich X Joseph F. Gilbert, Jr. X Paul E. Hamburger X John Hayward X Carol A. Liff X Paul Newman X Margaret C. Nicholas X Samuel L. Powers X Charles T. Vail X Melinda D. Vinton X Ephraim Weiss X David G. Williams X Mary Kathryn Wolf X PRECINCT 6 Michael R. Barry X Suzanne E. Barry X Florence A. Baturin X Jason Berger X Cynthia L. Blumsack X Marjorie M. Daggett X _J Marshall J. Derby X Peter Diamond X Robert H. Domnitz X Catherine S . England X Edmund C. Grant X David L. Kaufman X Alan J. Lazarus X John A. Oberteuffer X Jane Pagett X Ronald B. Pawliczek X Marjorie A. Platt X Edith Sandy X Frank Sandy X William B. Simmons X Sheldon A. Spector X PRECINCT 7 Catherine M. D. Abbott X John P. Attanucci X Marsha E. Baker X Neal E. Boyle , Jr. X George A. Burnell X Theodore D. Chaung X Renee T. Cochin X Robert G. Coyne X Robert M. Farias X Audrey J . Friend X Alan Garber X Linda Horowitz X Richard T. Howe X Fred H. Martin X Myron L. Miller X Anjan Mukherjee X John E. Taylor X Jacquelyn H. Ward X Jeanette P. Webb X James C. Wood, Jr. X Martha C. Wood X 119 (ADJOURNED SESSION, A.T.M. , CONT. APRIL 4 , 1994 ) PRECINCT 8 Richard H. Battin X r— Roger F. Borghesani X Elizabeth J. Bryant X Florence E. Connor X Maria Constantinides X Susan A. Elberger X Ione D. Garing X Steven J. Hurley X Donald Jenkins, Jr. X Paul W. Jenkins X Norton G. Kahan X Jay R. Kaufman X Alan Mayer Levine X Richard A. Michelson X Gordon R. Osgood X James A. Osten X Jack Sarmanian X Margaret Schwartz X Dennis Sullivan X Carolyn H . Tiffany X Robert V. Whitman X PRECINCT 9 Alice J. Adler X Richard L. Canale X Margaret E. Coppe X Susan R. Cusack X Elizabeth B. Eddison X Frank J. Kava X Louis v. T. Kava X Janice A. Kennedy X Eleanor H . Klauminzer X Paul E. Mazerall X David G. Miller X Joyce A. Miller X Isabel H. Mroczkowski X Janet M. Perry X Richard M. Perry X Loretta A. Porter X Fred D. Rosenberg X James J. Scanlon X Richard Schaye X Michael E. Schroeder X Dorris P. Traficante X AT LARGE Margery M. Battin X Daniel P. Busa, Jr. X Norman P. Cohen X William J. Dailey, Jr. X 0'—' Stephen W. Doran X Bernice H. Fallick X Dan H. Fenn, Jr. X Leo P. McSweeney 120 (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 4 . 1994 ) 10 : 34 p.m. The Moderator declared adoption of the motion. —m MOTION AS PASSED: that Article 4 , Line 2320, "Municipal Salary adjustments, " be and hereby is, amended by deleting the sum of "$0. 00" and substituting therefor the sum of Two Hundred Fifty Thousand Dollars Exactly ( $250 ,000 ) . 10 : 35 p.m. The Moderator recognized John Oberteuffer, School Committee. 10 : 36 p.m. Vicky Schwartz , P3 , moved that the meeting be adjourned until Wednesday, April 6 , 1994 , at 8 :00 p.m. , in Cary Hall . Following a voice vote at 10 : 36 p.m. , the Moderator declared the meeting to be adjourned. A true copy. Attest : k/1- Bernice H. Fallick, Town Clerk 121 ADJOURNED SESSION - 1994 ANNUAL TOWN MEETING APRIL 6 . 1994 The meeting was called to order by Moderator Margery M. Battin, at 8 : 10 p.m. , in Cary Memorial Hall . A quorum was present. /ARTICLE 2 REPORTS 8 : 09 p.m. Joyce Miller, Conservation Commission, invited members to observe the area involved in the land swap under Article 22 . 8 : 11 p.m. Marshall Derby, Lexhab, asked members to walk the site on Woodland Road which will be coming up on Article 28 . The Moderator stated the meeting to be open on ARTICLE 4 OPERATING BUDGET Line Item 1100 Lexington Public Schools $34 , 923 , 877 8 : 11 p.m. John Oberteuffer, School Committee, made the following motion: xMOTION: that Article 4 , Line 1100 , "Lexington Public Schools , " be and hereby is, amended by deleting the sum of "$34 , 923 , 877" and substituting therefor the sum of $35 , 073 , 877 , said additional amount of $150 ,000 to be appropriated from free cash. Discussion followed. 8 : 21 p.m. Selectman Dailey stated support for the amendment except for the last section appropriating from free cash. 8 : 26 p.m. School Committee member Lois Coit assured members that the money would be used for employees wages . 8 : 28 p.m. Selectman Dailey made the following motion: MOTION: that the words "to be appropriated from free cash" be deleted from the amendment Following a voice vote at 8 : 29 p.m. , the Moderator declared adoption of the amendment offered by Mr. Dailey. Considerable discussion followed. 8 : 47 p.m. George Burnell , Appropriation Committee , stated that the Committee was divided and outlined the viewpoints in favor and opposed. Following a voice vote at 9 : 06 p.m. , the Moderator declared adoption of the amendment offered by Mr. Oberteuffer as amended by Mr. Dailey. MOTION AS ADOPTED: that Article 4 , Line 1100 , "Lexington Public Schools , " be and hereby is , amended by deleting the sum of "$34 , 923 , 877" and substituting therefor the sum of $35 , 073 , 877 . 2410 Municipal Services and Expenses Personal Services 69,360 2410 Municipal Services & Expenses 95 , 000 - x.22 (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 6 , 1994 ) Community Services 3000 DPW Personal Services 2 , 789 , 951 ` (Of which $257 , 149ris to be transferred from the Water Enterprise Fund, $64 , 287 is to be —1 transferred from the Sewer Enterprise Fund, $5 ,000" is to be transferred from the Parking Meter Fund, $100 , 000' is to be transferred from the Cemetery Trust Funds and $200 , 975/is to be transferred from the Recreation Enterprise Fund. ) 9 : 07 p.m. Donald Chisholm, Recreation Committee , raised concern about the transfer from the Recreation Enterprise Fund. i 3000 DPW General Expenses 3 , 911 , 536 (Of which $189 , 972' is to be transferred from the Water Enterprise Fund, $47 ,493 ' is to be transferred from the Sewer Enterprise Fund, $53 , 436' is to be transferred from the Parking Meter Fund and $419 , 884 is to be transferred from the Recreation Enterprise Fund; and provided further that the Town Manager may enter into an agreement or agreements with one or more governmental units to perform jointly with such units any service , activity or r" undertaking authorized by law. ) 9 : 20 p.m. Paul Lapointe , Appropriation Committee , made .� the following motion: MOTION: that line item 3000 , DPW General Expenses , be amended to read $3 , 836 , 750 . 9 : 22 p.m. Selectman Dailey voiced unanimous opposition to this motion, citing the work of the Lighting Options Committee . Following a voice vote at 9 : 23 p.m. , the Moderator declared the motion not adopted. 3600 Water Enterprise 3 , 464 ,409- (And that to raise such amount $3 ,464 ,409 be transferred from the Water Enterprise Fund. ) 3700 Sewer Enterprise 4 , 975 , 318 - (And that to raise such amount $4 , 975 , 318 be transferred from the Sewer Enterprise Fund. ) Public Safety 4110 Combined Dispatch Personal Services 263 , 688 . There was discussion on East Lexington sewerage and MWRA rates . 4110 Combined Dispatch Expenses 15 , 000 - T 123 (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 6. 1994 ) 4200 Law Enforcement Personal Services 2 , 778, 671- (Of which $131 , 564 is to be transferred ' from the Parking Meter Fund. ) 4200 Law Enforcement Expenses 267 , 218 ' 4300 Fire Department Expenses 152 , 186 - Culture and Recreation 5100 Library Personal Services 1 ,071 ,058 - 5100 Library Expenses 224 , 436 ' 5200 Recreation Department 557 ,440 ' (And that to raise such amount $557 ,440 be transferred from the Recreation Enterprise Fund. ) 5300 Public Celebrations 12 , 506 - 5400 Transportation Personal Services 43 , 357 ' There was some discussion as to Lexpress service. 5400 Transportation Expenses 223 , 875 ' (Of which $80 , 000'' is to be transferred from the Parking Meter Fund. ) Human Services 6100 Council on Aging Personal Services 107 , 807 - 6100 Council on Aging Expenses 107 , 021 - 6210 Veterans Administration Personal Services 25 , 576 ' 6210 Veterans Expenses 30 , 455 ' 6310 Services for Youth 67 , 800 ' 6320 Service to Developmentally Disabled 10 , 457 ' Inspectional Services/Community Development 7100 Inspectional Services Personal Services 421 , 627 ' 7100 Inspectional Services Expenses 51 , 702w 7200 Planning Personal Services 131 , 639 - 7210 Planning Expenses 6 , 608 ' Executive 8110 Selectmen Personal Services 34 , 006 - (Of which $1 , 793 'is to be transferred from the Water Enterprise Fund and $448 ' is to be transferred from the Sewer Enterprise Fund. ) 8110 Selectmen Expenses 51 , 975 ' 8120 Town Manager Personal Services 264 , 291 - (Of which $33 , 193" is to be transferred from the Water Enterprise Fund and $8 , 298''is to be transferred from the Sewer Enterprise Fund. ) 8120 Town Manager Expenses 14 , 116 - 8130 Town Report 4 , 800 - Legislative 8210 Appropriation Committee Expenses 735 - 8220 Miscellaneous Boards & Committees Expenses 6 , 075 - Finance 8310 Comptroller Personal Services 290 , 576 (Of which $100 , 911' is to be transferred from the Water Enterprise Fund and $25 , 228'is to be transferred from the Sewer Enterprise Fund. ) 124 (ADJOURNED SESSION, A.T.M. . CONT. - APRIL 6 . 1994 ) 8310 Comptroller Expenses 127 , 822 " 8320 Revenue Personal Services 156 , 635 ' (Of which $48 , 562 ' is to be transferred from the Water Enterprise Fund and $12 , 141'is to be transferred from the Sewer Enterprise Fund. ) 8320 Revenue Expenses 14 , 450, 8330 Assessors Personal Services 184 , 222- (Of which $2 , 585'is to be transferred from the Water Enterprise Fund and $646J is to be transferred from the Sewer Enterprise Fund. ) 8330 Assessors Expenses 3 , 778 - 8340 Data Processing Expenses 50 , 075 - (Of which $12 ,018" is to be transferred from the Water Enterprise Fund and $3 , 004 is to be transferred from the Sewer Enterprise Fund. ) Staff 8410 Legal Fees & Expenses 205 , 000 ' 8420 Town Clerk Personal Services 118 , 793 ' 8420 Town Clerk Expenses 2 , 638' 8430 Board of Registrars Personal Services 1 , 825" 8430 Board of Registrars Expenses 23 , 954 ` 8440 Elections Personal Services 38 , 936 - 8440 Elections Expenses 19 , 325- 6310 Service for Youth 67,800 ' 9 : 50 p.m. Judith Zabin spoke on behalf of Replace and Town Meeting acknowledged the contribution of Bill Blout , the Executive Director, who is leaving Replace . 9 : 44 p.m. Selectman Dailey moved to postpone further action on Article 4 until Wednesday, April 13 . Following a voice vote at 9 : 45 p.m. , the Moderator declared adoption of the motion. -ARTICLE 9 PUBLIC WORKS EQUIPMENT MOTION: That the sum of $781 , 000 be appropriated for the purchase by or with the approval of the Selectmen of equipment for the Department of Amended Public Works; and that to meet this and appropriation $48 , 500 shall be transferred Adopted - from the Water Enterprise Fund, $7 , 500 shall as passed be transferred from the Sewer Enterprise Fund P. 126 and the Treasurer with the approval of the Selectmen is authorized to borrow $725 , 000 under G.L. c. 44 , §7( 9 ) . 9 : 57 p.m. Presented by Selectman Eddison. Richard Spiers, DPW, further explained. 10 : 05 p.m. Paul Lapointe , Appropriation Committee , made the following motion: 125 (ADJOURNED SESSION. A.T.M. , CONT. - APRIL 6 , 1994 ) MOTION: I move the following substitute motion under "" Article 9 : P"'" That the sum of $372 , 000 be appropriated for the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works: and that to meet this appropriation $35 , 250 be transferred from the Water Not Adopted Enterprise Fund, $5 , 750 be transferred from the Sewer Enterprise Fund and the Treasurer with the approval of the Selectmen is authorized to borrow $331 ,000 under G.L. C.44 , s7( 9 ) . 10 : 10 p.m. Gloria Holland, Capital Expenditures Committee , expressed opposition. Following a voice vote at 10 : 21 p.m. , the Moderator declared the amendment not adopted. 10 : 22 p.m. Paul Hamburger, Capital Expenditures Committee , made the following motion: MOTION: that the motion under article 9 be amended by deleting the figure "781 , 000" and substituting therefor the figure "706 , 000" , and deleting the figure "725 , 000" Adopted and substituting therefor the figure "650 , 000 . " 10 : 22 p.m. Mr. Hamburger stated the unanimous support of the Capital Expenditures Committee for the motion. 10 : 24 p.m. Selectman Eddison stated the Board' s unanimous opposition. 10 : 25 p.m. George Burnell , Appropriation Committee , stated majority opposition. There was discussion for and against . Following a voice vote at 10 : 31 p.m. which was in doubt , the Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 9 8 2 3 13 3 8 6 4 8 6 5 9 9 6 7 8 7 11 3 8 7 8 9 6 11 At large 15 10 Totals 83 82 10 : 34 p.m. The Moderator declared the amendment offered by Mr. Hamburger to have been adopted. The Moderator called for a vote on the motion offered by Mrs . Eddison as amended. Following a voice vote at 10 : 36 p.m. , the Moderator declared unanimous adoption of the motion. - - 126 (ADJOURNED SESSION. A.T.M. , CONT. - APRIL 6 . 1994 ) MOTION AS PASSED: That the sum of $706 , 000 be appropriated for the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works; and that to meet this appropriation $48 , 500 shall be transferred from the Water Enterprise Fund, $7 , 500 shall be Adopted transferred from the Sewer Enterprise Fund and the Treasurer with the approval of the Selectmen is authorized to borrow $650 ,000 under G.L. c. 44 , §7( 9 ) . .Notice of Reconsideration on Article 9 was served at 10 : 36 p.m. by George Burnell . 10 : 36 p. m. William Dailey, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Monday, April 11 , 1994 , at 8 : 00 p.m. , in Cary Hall . Following a voice vote at 10 : 36 p.m. , the Moderator declared the meeting to be adjourned. A true copy. Attest : Bernice H . Fallick , Town Clerk 127 ADJOURNED SESSION - 1994 ANNUAL TOWN MEETING APRIL 11 . 1994 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall . A quorum was present. r-- The Moderator spoke on procedures as the meeting is possibly coming close to the last night. ARTICLE 2 REPORTS _ 8 : 03 p.m. Marshall Derby reported for LexHAB. 8 : 11 p.m. Selectman William Dailey, Jr. , stated the intent to revisit the vote on salaries on Wednesday night for the purpose of recision. He stated that the Selectmen intend a future review of salary scales possibly with the input of the Personnel Advisory Board. 8 : 20 p.m. School Board Chairman Oberteuffer stated the Board ' s intent to present recision of the motion for school salaries. 8 : 24 p.m. Superintendent of Schools Young spoke on specific school salaries. / ARTICLE 15 DISPATCH CENTER/PUBLIC SAFETY RENOVATIONS AND EQUIPMENT PURCHASE MOTION : That the sum of $1 , 600 , 000 be appropriated for remodeling and reconstructing and making extraordinary repairs to the police station and fire stations and for purchasing equipment in connection therewith; that to meet this appropriation the Treasurer with the approval Adopted of the Selectmen is authorized to borrow $1 , 600 , 000 under G. L. c . 44 , §7 as amended; and that the Permanent Building Committee is authorized to take all action necessary to carry out this project. 8 : 31 p.m. Presented by Selectman Fenn. 8 : 39 p.m. Acting Police Chief Christopher Casey presented a report on the police station. Fire Chief John Bergeron followed with information on the fire department . 8 : 55 p.m. Paul Hamburger, Capital Expenditures Committee , stated support. 8 : 55 p.m. Jane Pagett , Appropriation Committee , stated majority approval for the full amount. 8 : 57 p.m. Frank Fields , Permanent Building Committee , spoke in favor. Mr. Fields complimented William Kennedy for his participation on the committee. Following a voice vote at 8 : 59 p.m. , the Moderator declared unanimous adoption of the motion. • Nicholas Cannalonga, Capital Expenditures Committee , served Notice of Reconsideration on Article 15 at 8 : 59 p.m. 8 : 59 p.m. Selectman McSweeney moved that Article 28 be brought up at this time . 128 ( ADJOURNED SESSION, A.T.M. . CONT. - APRIL 11 . 1994 ) Following a voice vote at 8 : 59 p.m. , the Moderator declared Article 28 to be before the meeting. ,, ARTICLE 28 LAND TRANSFER TO LEXHAB MOTION: That the care , custody, management and control of a vacant lot along Woodland Road no longer needed by the School Department be transferred to the Board of Selectmen to be used for Adopted housing or other municipal purposes, and further that a walking easement be laid out over a portion of such lot. 9 : 00 p.m. Presented by Selectman McSweeney. 9 : 03 p.m. Marshall Derby, LexHAB, spoke and asked the Moderator to recognize Gary Larsen who presented the plan. There was discussion for and against . n 9 : 15 p.m. Joseph Dini , School Committee, s-fated the majority had voted to turn over the lot . -- 9 : 15 p.m. Gerry Weathers , Fair Housing Committee , spoke in favor. 9 : 18 p. m. Joyce Miller, Conservation Committee , expressed unanimous support for this particular site . 9 : 20 p.m. John Oberteuffer, School Committee , presented a minority report of one person ( himself ) in opposition. 9 : 24 p.m. Nyles Barnert , Minuteman Vocational School , spoke of the experience which would be gained. 9 : 26 p.m. Robert Domnitz , Planning Board, stated that the board was divided and had taken no vote. Discussion for and against continued with participation from Town Meeting members and citizens . 10 : 07 p.m. Fred Rosenberg , P9 , moved the question. Following a voice vote at 10 : 08 p.m. as to whether the , question should be put , the Moderator declared the main question to be before the meeting. r, The Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 16 1 2 15 2 3 11 1 4 14 0 -- T ---- -- _-- ------- "- -- -- -- - -- - - --- --- -- ---I 129 (ADJOURNED SESSION, CONT. - APRIL 11 , 1994 ) 5 17 2 6 7 10 7 16 2 8 10 7 9 16 1 At large 20 4 Totals 142 30 10 : 15 The Moderator declared adoption of the motion. • Notice of Reconsideration on Article 28 was served by James Barry at 10 : 34 p .m. 10 : 15 p.m. Joyce Miller, Conservation Commission, moved to take up Article 17 at this time . Following a voice vote at 10 : 15 p.m. , the Moderator declared Article 17 to be before the meeting . -'ARTICLE 17 BROOK CLEANING MOTION: that this article be indefinitely postponed . Indefinitely Mrs. Miller explained. Postponed Following a voice vote at 10 : 19 p.m. , the Moderator declared unanimous adoption of the motion. /ARTICLE 16 AMBULANCE PURCHASE MOTION: That the sum of $85 , 000 be appropriated for the purchase of a new ambulance , and that to meet this appropriation the Treasurer with the Adopted approval of the Selectmen is authorized to borrow $85 , 000 under G. L. c . 44 , §7 ( 9 ) . 10 : 22 p.m. Presented by Selectman Fenn. 10 : 25 p.m. Paul Hamburger, Capital Expenditures Committee , stated approval . 10 : 26 p .m. Jane Pagett, Appropriation Committee , stated unanimous opposition as the ambulance service is still considered a candidate for privatization. 10 : 29 p.m. John Hayward , P5 , called the question. Following a voice vote at 10 : 29 p. m. as to whether the question should be put , the Moderator declared the motion to be before the meeting . Following a voice vote at 10 : 30 p.m. which was not 130 (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 11 , 1994 ) unanimous, the Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 18 0 2 15 0 3 9 3 4 10 2 5 17 1 6 14 0 7 17 1 8 17 0 9 16 2 At large 14 10 Totals 147 19 10 : 32 p.m. The Moderator declared adoption of the motion. • Notice of Reconsideration on Article 16 was served by --� George Burnell , Appropriation Committee. 10 : 35 p.m. William Dailey, Chairman of the Board of Selectmen, moved that the meeting be adjourned until , April 13 , 1994 , at 8 : 00 p.m. , in Cary Hall . Following a voice vote at 10 : 35 p.m. , the Moderator declared the meeting to be adjourned. A true copy. , Attest : Bernice H . Fallick, Town Clerk 131 ADJOURNED SESSION - 1994 ANNUAL TOWN MEETING APRIL 13 , 1994 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall . A quorum was present. 'ARTICLE 2 REPORTS • 8 : 07 p.m. Harvey Lowell, Recreation Committee, reported. Following questions concerning salary reports, Jason Berger, Personnel Advisory Committee , indicated that an independent survey for both town and school employees would be forthcoming . ARTICLE 4 OPERATING BUDGET MOTION : that the amendment to line item 2320 be rescinded. 8 : 30 p.m. Presented by Selectman Dailey. There were questions and answers concerning free cash and bonding. 8 : 40 p.m. The Appropriation Committee stated that 1 member supported a 2% salary increase , 7 supported a 1% increase , and 1 wanted a wage freeze . 8 : 52 p.m. John Oberteuffer stated that the School Committee was divided but he himself indicated support for a motion to rescind . There was considerable discussion as to bonding , free cash, salaries , procedures for reporting numbers . 9 : 24 p.m. Fred Rosenberg , P9 , moved the question. Following a voice vote at 9 : 24 p.m. as to whether the motion should be put , the Moderator declared the motion to be before the meeting . Following a voice vote at 9 : 25 p.m. , the Moderator declared the motion offered by Mr. Dailey had not been adopted and the amendment had not been rescinded. 9 : 26 p.m. Selectman Dailey presented the following motion: MOTION : that line item 2320 be amended to read $115 , 656 ( of which $3 , 73eis to be/transferred from the Recreation Enterprise Fund, $4 , 110 is to be, transferred from the Water Enterprise Fund and $1 , 796 is to be transferred Adopted from the Sewer Enterprise Fund ) . ( Such sum of $115 , 656 is appropriated 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. The amount voted is to be distributed among personal service accounts as authorized by the Board of Selectmen. ) Mr . Dailey explained that this would serve to fund a 1% wage increase. 9 : 30 p. m. George Burnell , Appropriations Committee , stated that 8 of the 9 members supported the motion. 1 Discussion for and against continued. - - 132 (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 13 . 1994 ) Mr. Dailey indicated a desire to balance inequities which was echoed by Mr. Oberteuffer. 9 : 56 p.m. Bruce Collier, P3 , moved the previous question. Following a voice vote at 9 : 56 p.m. , the Moderator declared the motion to be before the meeting. Following a voice vote at 9 : 57 p.m. , the Moderator declared the motion offered by Mr. Dailey to have been adopted. Sufficient member stood to doubt the vote,and the Moderator called for a standing vote which was tallied as follows : Precinct Yes No Abstain 1 16 3 2 13 6 3 9 6 4 13 2 5 11 6 6 9 6 7 10 7 8 12 2 9 11 6 ^, At large 24 2 Totals 128 46 10 : 00 p.m. The Moderator declared the amendment to have been adopted. 10 : 01 p.m. John Oberteuffer, School Committee , made the following motion: Adopted - MOTION: that line item 1100 be amended to read $34 , 983 , 877 Mr. Oberteuffer indicated that this would support a 1% increase to school staff. 10 : 03 p.m. Christina Coughlin, Appropriations Committee , indicated a majority in favor. 10 : 03 p.m. John Attanucci , P7 , moved the question. Following a voice vote at 10 : 03 p.m. , the Moderator declared the motion to be before the meeting . Following a voice vote at 10 : 03 p.m. , the Moderator declared the motion offered by Mr. Oberteuffer to have --- been adopted. Jacquelyn Ward, P7 , asked that the Appropriation Committee be actively involved with the Personnel Advisory Board in establishing equity between School and Town. Following a voice vote at 10 : 16 p.m. , the Moderator declared unanimous adoption of Article 4 ., as amended. -Notice of Reconsideration on Article 4 was served by George Burnell at 10 : 16 p.m. 133 (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 13 , 1994 ) /ARTICLE 20 STABILIZATION FUND MOTION: That the sum of $350 , 000 be appropriated for a stabilization fund in accordance with G.L. Chapter 40 , Section 5-B, and to raise such Indefinitely _ amount $350 ,000 be transferred from the Postponed Unreserved Fund Balance. 10 : 17 p.m. Presented by Selectman McSweeney who moved Indefinite Postponement. Following a voice vote at 10 : 17 p.m. , the Moderator declared unanimous adoption of the motion to indefinitely postpone . /ARTICLE 22 LAND EXCHANGE/LOWELL AND NORTH STREET MOTION: That the Town approve the land exchange as set forth in the Article and that the Selectmen be and they hereby are authorized to petition the Indefinitely General Court for an act to authorize such Postponed exchange of land. As set forth in the Article : fl To see if the Town will vote to accept a portion of a 1 parcel of land shown as Lot 1 on Assessors' Property Map 75 , now or formerly of V. K. Bogosian, for conservation purposes , including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws , as amended, in exchange for a portion of town conservation land shown as Lot 31 on Assessors ' Property Map 75 ; authorize the Board of Selectmen to petition the General Court for an act to authorize such exchange of land; or act in any other manner in relation thereto. 10 : 18 p. m. Presented by Joyce Miller, Conservation Commission, who moved Indefinite Postponement. Following a voice vote at 10 : 19 p.m. , the Moderator declared unanimous adoption of the motion to indefinitely postpone . -ARTICLE 31 10 : 19 p.m. Jay Kaufman, P 8 , made the following motion: MOTION: _ UNDER ARTICLE 31 , I MAKE THE FOLLOWING MOTION: Moved that Town Meeting endorse the following guidelines for the development of the FY 96 budget and for better Adopted planning for Lexington: (a) To foster coordination and complementary planning , the Board of Selectmen and the School Committee shall , through ongoing consultation, endeavor, by November 1 , to agree on a set of revenue and expense projections , preliminary budget priorities, and alternative approaches to providing and funding public services and addressing budget shortfalls . The Board of Selectmen and School Committee will also consult regularly with the Appropriation Committee and the Capital Expenditures 134 (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 13 . 1994 ) Committee in the course of developing new approaches , priorities, and a shared understanding of the parameters within which budget preparation can be undertaken. The anticipated shared understanding can then serve to guide both the Town Manager and Superintendent of Schools in 11 their budget development. (b) The Superintendent of Schools shall submit to the School Committee, the Town Manager, the Appropriation Committee , and the Capital Expenditures Committee for their consideration a proposed budget and statement of revenue from aid, grants, fees or other sources on or before January 1 . (c ) The Town Manager shall submit to the Selectmen, the Appropriation Committee , and the Capital Expenditures Committee for their consideration a proposed budget , revenue statement and tax rate estimate on or before January 15 . (d ) The Board of Selectmen and School Committee shall vote proposed budgets no later than four weeks before the first session of the Annual Town Meeting at which financial articles are deliberated. (e ) To encourage careful consideration and responsible action by Town Meeting , the Appropriation Committee and Capital Expenditures Committee shall hold public meetings to review the Selectmen' s and School Committee' s proposed budgets . These committees shall make recommendations to Town Meeting members no later than one week before the budget is debated and voted by Town Meeting. ( f ) The Selectmen shall continue to pursue efforts to articulate community values , goals and priorities, and to foster better planning for the community. ( g ) The Board of Selectmen will report to the 1995 Annual Town Meeting on these and other efforts to enhance our budgeting and planning procedures , and to recommend any further action. 10 : 27 p.m. Selectman Eddison stated unanimous opposition. 10 : 29 p.m. George Burnell , Appropriation Committee, stated unanimous approval . 10 : 31 p.m. Nicholas Cannalonga, Capital Expenditures Committee , stated approval . Discussion followed for and against. 10 : 46 .m. William Welch, P2 , moved the question. P Following a voice vote at 10 : 46 p.m. , the Moderator declared that the question was not before the meeting . 10 : 47m. Selectman p. Dailey stated opposition. 10 : 49 p.m. Richard Howe, P7 , moved the question. Following a voice vote at 10: 49 p.m. , the Moderator declared the question to be before the meeting. Following a voice vote at 10: 49 p.m. which was in doubt , the Moderator called for a standing vote which was tallied as follows : (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 13 . 1994 ) Precinct Yes No Abstain 1 9 10 2 6 14 3 5 8 4 7 6 5 7 10 6 12 3 7 12 5 8 11 5 9 7 11 At large 14 14 Totals 90 86 10 : 54 p.m. The Moderator declared adoption of the motion. • Notice of Reconsideration on Article 31 was served by William Simmons, P6 , at 11 : 10 p.m. 10 : 56 p.m. Bruce Collier, P3 , moved to adjourn. Following a voice vote at 10 : 56 p.m. , the Moderator declared the meeting not to be adjourned. r^- ARTICLE 34 10 : 58 p.m. Michael Schroeder, P9 , made the following motion: MOTION: That each appropriation amount and transfer amount listed below be reduced by 2 . 4500 percent ; that each such reduced amount be substituted for its Not corresponding original amount in the corresponding Adopted motion previously adopted at the 1994 Annual Town Meeting of the Town of Lexington; and that every motion thus amended be adopted in substitution of its original motion, which is hereby repealed . Article 7 Supplementary Appropriations $ 40 , 000 transfer from Recreation Enterprise 40 ,000 8 Water Mains appropriation 390 , 000 transfer from Water Enterprise 390 , 000 10 Sanitary Sewers appropriation 320 , 000 transfer from Sewer Enterprise 320 , 000 13 Golf Club Improvements appropriation 160 , 000 transfer from Recreation Enterprise 160 , 000 20 Stabilization Fund appropriation transfer from Unreserved Fund Balance 4 Operating Budget ( Eve r y appropriation amount and transfer amount except Article 4 exceptions: those listed immediately below ) 1200 Regional School appropriation 2110 Contributory Retirement appropriation and both transfer amounts 135 (ADJOURNED SESSION . A.T.M. . CONT. - APRIL 13 . 1994 ) 2140 Unemployment Benefits 2210 Payment on Funded Debt 2220 Interest on Funded Debt 2230 Temporary Borrowing L _ 2240 Exempt Debt 3000 DPW General Expenses: The appropriation amount, $3 , 911 , 536 , shall be reduced after exclusion of the amounts for budget line items 3430 Mass RefuseTech Inc. $1 , 118 , 435 3410 Refuse Collection 535 , 300 3420 Recycling 412 , 245 and the transfers from Water Enterprise, Sewer Enterprise , Parking Meter, and Recreation Enterprise Funds shall not be reduced, but remain as originally moved. 3600 Water Department : The appropriation amount and the Water Enterprise Fund transfer shall both be identically reduced after exclusion of the amount for 3620 Water Regional Charges , $1 , 687 , 778 . 3700 Sewer Department: The appropriation amount and the Sewer Enterprise Fund transfer shall both be identically reduced after exclusion of the amount for 3720 Sewer Regional Charges , $3 , 662 , 676 . 11 : 08 p.m. Selectman Dailey indicated no support . 11 : 09 p.m. John Oberteuffer, School Committee , stated unanimous lack of support . 11 : 09 p.m. George Burnell , Appropriation Committee , stated unanimous opposition. 11 : 10 p.m. Eric Michelson, P3 , moved the question. Following a voice vote at 11 : 10 p.m. , the Moderator declared the main question to be before the meeting . Following a voice vote at 11 : 13 p. m. , the Moderator declared the motion not to have been adopted. 11 : 13 p.m. Michael Schroeder, P7 , moved Reconsideration of Article 27 . '- Following a voice vote at 11 : 18 p.m. , the Moderator declared that Article 27 would not be reconsidered . /ARTICLE 35 USE OF FUNDS TO REDUCE TAX RATE MOTION: That the sum of $890 , 020 be appropriated to reduce the tax levy for the fiscal year beginning July 1 , 1994 , and that such amount be transferred from the Adopted Unreserved Fund Balance. 11 : 18 p.m. Presented by Selectman Dailey. 11 : 19 p.m. George Burnell , Appropriation Committee, stated approval . 136 (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 13 . 1994 ) Following a voice vote at 11 : 19 p.m. , the Moderator declared adoption of the motion. 11 : 19 p.m. Frank Sandy, P6 , moved dissolution. Following a voice vote at 11 : 19 p.m. , the Moderator declared the meeting not to be dissolved. 11 : 20 p.m. William Simmons, P6 , moved reconsideration of Article 31 . Following a voice vote at 11 : 20 p.m. , the Moderator declared that Article 31 would not be reconsidered. 11 : 21 p.m. William Dailey, Jr. , Chairman of the Board of Selectmen, moved that the meeting be dissolved. Following a voice vote at 11 : 21 p.m. , the Moderator declared the meeting to be dissolved. A true copy. Attest : Bernice H. Fallick, Town Clerk 137 (WARRANT FOR STATE PRIMARIES ELECTION - SEE WARRANT FILE) STATE PRIMARIES ELECTION - TUESDAY, SEPTEMBER 20, 1994 In pursuance of the foregoing warrant the legal voters of the r'- Town of Lexington met in their respective voting places in said l _ Town of Lexington on Tuesday, September 20, 1994, at 7 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Lexington Senior High School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School ; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The Election Officers of the various precincts were assigned for duty as follows: Precinct One Warden Eileen Fradette Clerk Grace Campbell Inspector Audrey Frazer Inspector Margaret Blouin Inspector Robert Blouin Inspector Martha Shurtleff Inspector Viola Pike Precinct Two Warden Owen Lafley Clerk Donna Alexson Inspector Lois Smith Inspector Kenneth Smith Inspector Mary Cushman Inspector Frances Daveta Inspector Robert Edwards Precinct Three Warden Marjorie Modoono Clerk Mildred Cronin Inspector Alice Hopkins Inspector Lillian Drury Inspector Seymour Mandel Inspector Helen Euart Inspector Philip Pullen Inspector Gwendolyn Cram Precinct Four Warden Gulli Kula Clerk Richard Crawford L„_ Inspector Raymond Flynn Inspector Ruth Hamlin Inspector Gladys Snyder Inspector Dana Regillo 138 (State Primaries Election, September 20, 1994, cont. ) Precinct Five Warden Jacqueline Michelove Clerk Winifred Ivester Inspector Marcia Cormier Inspector Dorothy Gauthier Inspector Martha Zani Inspector Maarib Bazzaz Precinct Six Warden Cornelius Cronin Clerk Dorothy Boggia Inspector Mary Casey Inspector Katherine Geanacopulos Inspector Audrey Hosford Inspector Elizabeth Lehr Precinct Seven Warden A. Estelle Szalajeski Clerk Nancy Lou Hayes Inspector Helen MacDonald Inspector Mary Joseph Inspector Robert Greenway Inspector Eric Kula Precinct Eight Warden Catherine Jones Clerk William Simmons Inspector Stella Laurendeau Inspector Donald Macbeth Inspector Barbara Simmons Inspector Catherine Hooper Inspector William Hooper Precinct Nine Warden Michael Barry Clerk Suzanne Barry Inspector Janet Lowther Inspector Phyllis Bradford Inspector Judith Schuler Inspector Mildred Collentro The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at 7 a.m. and remained open until 8 p.m. , at which time, after due notice, they were declared closed. � ��K� �� . | (State Primaries. Tueoday, Qentmmber 20. 1894. cont. ) The total number of registered voters in each precinct eligible to vote as of August 23, 1994, is as follows: PRECINCT REGISTERED DEM REP UNROLLED [-- VOTERS � 1 1739 790 287 662 2 2108 1055 279 772 3 2109 833 386 889 4 2246 973 381 892 5 2055 830 350 875 6 2249 992 427 829 7 2020 887 321 813 8 2156 905 418 829 9 1934 780 328 826 TOTALS 18614 8045 3177 7386 (Total includes the following: Pr.3 Socialist - 1 Pr.6 Libertarian - 1 Pr.8 Green - 2, Libertarian - 1, United We Stand - 1 Recap sheets were delivered to the Board of Registrars in the Comptroller's Office. ~-- 36.90 % of the registered voters voted. ' The Town Clerk and the members of the Board of Registrars canvassed the results as follows: 140 TOWN OF LEKINGTON TOWN WIDE TALLY FOR: PRIMDEM ELECTIONS PRINTED ON: 26-SEP-94 HELD ON: 20-SEP-94 VOTE COUM11 heruRT 18609 TOTAL REGISTERED VOTERS TOTALS PRI PR2 PR3 PR4 PR5 PR6 PR7 PRB� PR9 VOTE COUNT: 4886 447 651 521 603 465 629 534 573 463 PERCENTAGE VOTING: 26.2561X SENATOR IN CONGRESS EDWARD M. KENNEDY 3889 333 522 440 473 366 495 446 453--3-61-- i -BLANKS 997 114 129 81 130 99 134 88 120 102 F GOVERNOR GEORGE A. BACHRACH 1568 122 215 176 212 132 199 185 187 140 - MICHAEL J. BARRETT 790 75 98 84 99 91 84 90 83 86 1 MARK ROOSEVELT 1909 177 265 216 275 774 269 196 224 173 -BLANKS 619 73 73 45 77 68 77 63 79 64 l'-'LIEUTENANT GOVERNOR MARC D. DRAISEN 1247 87' 166 113 148 128 165 158 163 119 i4. ROBERT K. .MASSIE 1946 187 283 265 232 170 256 176 188 189 -BLANKS 1693 173 202 143 223 161 208 2UU 222 155 ( ATTORNEY GENERAL L. SCOTT HARSHBARGER 3783 521 596 42U 461 366 483 418 441 365 »BLANKS 1.103 126 145 101 .1.42 99 144 116 132 98 SECRETARY OF STATE 1 WILLIAM FRANCIS GALVIN 1192 126 161 129 148 131 120 110 140 127 AUGUSTO F. GRACE 2107 178 284 242 229 191 296 249 244 194 '-BLANKS 1787 143 206 151.! 226 143 213 1/7 1OY 142 .TREASURER SHANNON P. O i iEN 2431 246 51-1---276 272-254 501 259-281-231- -BLANKS 2455 201 340 245 331 211 328 275 292 232 .AUDITOR A. JOSEPH DENUCCI 2538 245 338 290 296 273 316 270 310 250 BLANKS 2298 202 313 231 307 192 313 264 263 213 REP IN CONGRESS EDWARD J. MARKET 3587 307 469 403 440 336 479 394 414 345 j -BLANKS 129Y 140 182 118 163 129 150 140 159 115 _$IXTH_IOUNCILIOR__-� DOROTHY A. KELLY GAY 626 121 i-60-1-6C-155 JOSEPH" G. LABATE 587 153 123 170 141 -8LANKS 862 173 182 279 228 THIRD COUNCILLOR GY�l1HZ8 SL.CREEM 1057 203 220 268 209 1.58_ JOSEPH M. DOWNES, JR. 149 45 29 28 25 22 ROBERT A. KANN 246 69 42 40 53 42 JACKIE_MORRISSEY 264 63 61 42 42 56 -BLANKS 1095 271 169 225 --------243-195- FOURTH SENATOR _ ROBERT A. HAVERN, III 1226 253 275 371 32T - ,BLANKS 849 197 187 258 207 FIFTH SENATOR- -- �- --_- -- __________ - BLANKS REPRESENTATIVE IN GEN COURT JAMES M. DUNN 825 133 141 90 87 84 55 68 63 104 SUSAN C. FARGO 1352 123 162 151 178 133 172 148 156 129 JAY R. KAUFMAN -2538--159--327-249-328--733-335-"304'336-219 -BLANKS 171 32 21 31 10 15 17 14 20 11 DISTRICT ATTORNEY THOMAS F. REILLY 2526 248 306 283 294 269 314 283 289 240 -_ -8LANKS2360 199 345 238 309 196 315 251 284 223 CLERK OF COURTS EDWARD J. SULLIVAN 1802 178 247 195 198 189 220 178 204 193 ----JAMES P. KENNEDY _ -- 941--83--99 109-917-B5---E8-109-90--8� -BLANKS 2243 183 305 .217 314 191 321 247 279 186 REGISTER OF DEEDS `-M-" --'-_—_ _ EUGENE C. BRUNE 1387 112 132 166 159 127 177 162 164 138 JOHN S. KENNEDY 494 72 74 58 42 47 41 33 65 62 DOUGLAS JOHN MURRAY 700 79 89 76 76 80 66 85 59 70 -BLANKS 2305 184 306 221 326 211 325 254 285 193 _ FRANCIS X. FLAHERTY 1593 168 225 169 176-1-62-T79-1W-142-172 16T79 -1aO 162-172' GERALD J. FLYNN, JR. 332 40 37 37 32 33 28 42 40 43 040.0,.,.9 E._NACDgNALo 253 __.21-4F-43-16-31-64-39. _.39 34 31 34 26 23 19 JOHN M. MACGILLIVRAY 399 43 45 -43 36 39 66 39_48_ 45- -BLANKS 2309 178 305 238 328 197 332 270 277 184 141 � TOWN OF LEXINGTON L TOWN WIDE TALLY FOR: PRIMREP ELECTIONS PRINTED ON: 26•SEP-94 --- f HELD ON: 20-SEP-94 • POTS COUNT REP-ORT *; 1 18609 TOTAL REGISTERED VOTERS 9 TOTALS PRI PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9 VOTE COUNT: 1982 188 193 233 234 213 276 211 241 193 PERCENTAGE VOTING: 10.6508% f SENATOR IN_CONGRESS JOHN R. LAKIAN 209 27 17 27 21 27 28 20 21 -21_ W. MITT ROMNEY 1684 144 170 195 208 170 235 186 211 165 BLANKS 89 17 6 11 5 16 13 5 9 7 r,..., "'GOVERNOR .,..-4, 'WILLIAM F. WELD -- -1762 157 166 212 211 189 234 195 224 174 _ BLANKS 220 31 27 21 23 24 42— 17—1� LCEUTENANT GOVERNOR :;ARGEO PAUL CELLUCCI 1513 138 145 175 176 167 208 161 188 155 BLANKS 469 SJ 48 58 58 46 b8 50 53 38 ATTORNEY GENERAL JANIS M. BERRY 950 79 94 100 131 101 146 106 108 85 GUY A. CARBONE _567 53 59 76 59 64 71 56 75 57 `"*BLANKS —445---5V 40 57-4448-39 49 58---31--'- O ECRETARY OF STATE _ ! , ARTHUR E. CHASE 649 53 67 73 81 75 -95----64---71---67--- ' PETER V. FORMAN 776 62 77 98 98 83 100 88 105 65 -BLANKS 557 71 49 62 55 .55 80 59 65 61 TREASURER JOSEPH DANIEL MALONE 1573 148 152 188 177 206 172 187 153 -BLANKS --- 409- 40 41__- 43-46 3-6--70-39--34----xO--- AUDITOR FORRESTER A. 'TIM CLKKR, JR. 535 45 59 75---61►--div vs 54---5b-40- EARLE B. STROLL 881 78 91 83 117 99 106 98 117 92 i*BLANKS _--- 566 65 43 75 53 65 77 59 68 61 • REP IN CONGRESS BRAD BAILEY 666 46 65 83 71 63124 76 80 58 PATRICIA H. LONG 962 103 97— — 9933610-8_ — 11T90 -121-1II - _0 BLANKS 354 42 .31 51 33 42 35 45 40 35 i. '',i SIXTH COUNCILLOR__ ------- VIRGIL J. AIELLO 4-44------9-2 fir--13-F-12 2 A' -BLANKS 396 96 87 124 89 — 11.7 THIRD COUNCILLOR ---- ------ --- -- WILLIAM M. MONNIE 628 122 129 142 130 105 -BLANKS 466 71 104 92 111 88 4 t' FOURTH SENATOR g BRIONCANGIAMILA __ 27_ 3_ 9 7 8 _ i -BLANKS 861 185 204 269-703-- 1_j FIFTH SENATOR ; LUCILE "CILE" P. HICKS 683 120 1)4 155 74C 71C BLANKS 411 73 79 79 99 81 'REPRESENTATIVE IN GEN COURT BRIAN M. SPENCER 1540 148 154 176 184 174 198 158 200 148 BLANKS J442 40 39 57 50 39 TB 53 41 45 ' DISTRICT ATTORNEY jrCIE-RK-:CANKS -- --- ---- OF COURTS 1 -BLANKS REGISTER OF DEEDS IL JANE SULLIVAN SAVERY 1236 105 123 140_ —71-111 166142 165 129_ 155 111 pd----=BLANKS -746 8A 70 93 —313 -71- 111----82 -86--"-82 COUNTY COMMISSIONER BLANKS A true copy. r- - Attest: .c . - 6.--c-e___ /„... ..../ - L._-- Bernice H. Fallick, Town Clerk 1 I 142 (WARRANT FOR STATE ELECTION - SEE WARRANT FILE) STATE ELECTION - TUESDAY, NOVEMBER 8, 1994 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, November 8, 1994, at 7 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Lexington Senior High School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The Election Officers of the various precincts were assigned for duty as follows: Precinct 1 - Warden, Eileen Fradette; Clerk, Grace Campbell; Audrey Frazer, Margaret Blouin, Robert Blouin, Martha Shurtleff, Viola Pike, Laura Ferraguto, Ruth Thomas, Jacqueline Davison Precinct 2 - Warden, Kenneth Smith; Clerk, Donna Alexson; Lois Smith, Owen Lafley, Mary Cushman, Frances Daveta, Robert Edwards, Donald Macbeth, Rita Casey Precinct 3 - Warden, Marjorie Modoono; Clerk, Mildred Cronin; Alice Hopkins, Lillian Drury, Helen Euart, Philip Pullen, Gwendolyn Cram, Daniel Welby, Marcia Flint, Maarib Bazzaz Precinct 4 - Warden, Gulli Kula; Clerk, Richard Crawford; Raymond Flynn, Ruth Hamlin, Gladys Snyder, Dana Regillo, Eleanor Smith, Beverly Aker, Eleanor Mattes, Alfred Mattes Precinct 5 - Warden, Jacqueline Michelove; Clerk, Winifred Ivester; Marcia Cormier, Dorothy Gauthier, Martha Zani, Lucy Simeone, Josephine Luther, Edward Simeone, Pricilla Winter, Mary Sahagian Precinct 6 - Warden, Cornelius Cronin; Clerk, Dorothy Boggia; Mary Casey, Katherine Geanacopulis, Audrey Hosford, Elizabeth Lehr, Evelyn Belbin, Patricia Byrnes-Parent, Barbara Simmons, William Simmons, Shirley Bullock Precinct 7 - Warden, Estelle Szalejeski; Clerk, Nancy Hayes; Helen MacDonald, Mary Joseph, Robert Greenway, Eric Kula, Clark Cowen, Miriam Miller, Carmela Passanisi Precinct 8 - Warden, Catherine Jones; Clerk, Suzanne Barry; Catherine Hooper, William Hooper, Florence Murray, Mary Buckley, Michael Barry, Nicholas Hay, Stanley Casazza, Phyllis Richardson Precinct 9 - Warden, John Taylor; Clerk, Carole Scalise; Janet Lowther, Phyllis Bradford, Judith Schuler, Mildred Collentro, Anne Taylor, Carole Butler, Edith Paster -_a The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at 7 a.m. and remained open until 8 p.m. , at which time, after due notice, they were declared closed. The total number of registered voters in each precinct eligible to vote as of October 11, 1994, is as follows: 1 143 PRECINCT REGISTERED DEM REP UNROLLED VOTERS 1 1819 830 327 661 2 2190 1095 318 777 3 2236 922 437 875 4 2308 1031 402 875 5 2127 893 404 829 6 2290 1041 447 801 7 2111 946 340 825 8 2241 962 453 823 9 1996 813 342 840 TOTALS 19319 8533 3470 7306 (Total includes the following: Pr.1 United We Stand - 1 Pr.3 Socialist - 1, United We Stand - 1 Pr.4 Libertarian - 1 Pr.6 Libertarian - 1 Pr.8 Green - 1, Libertarian - 1, United We Stand - 1 Pr.9 Libertarian - 1 Recap sheets were delivered to the Board of Registrars in the Comptroller's Office. 80.09 % of the registered voters voted. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: P 144 T TOWN WIDE TALLY FOR: STATE ELECTIONS OF LEXINGTON PRINTED ON: 09-NOV-94 CW:-&-NOV,74 vni.c i.n.INT_Rap.opy 19319 TOTAL REGISTERED VOTERS TBTA-LS rni PR2 PR3 PR4 -PR5---PR6---PR7 PR8 PRI VOTE COUNT: 15473 1433 1774 1759 1871 1674 1877 1686 1816 1578 --P ERC TAGE-ii0T-ING:--,30.0g 21 Z Qi-SPENDING BALLOT QUESTIONS YES 54-51 564 701 7-49 716 649_770-662_ 708 610 NO 3322 713 970 876 1047 924 1024 949 969 850 -BLANKS 1000 161 101 134 108 101 83 75 139 98 Q2-SEAT BELT LAW YES 11037 907 1302' 1253 1412 1115 1417 1273 1247 1111 NO 1832 4/-2 T." 444 388 49.7__1413 --3.64_480 413, -BLANKS 604 91 79 62 71 62 47 49 89 54 1 --Q-3.-STUDENT-fEE! YES 7228 593 826 836 909 795 928 795 817 729--'' NO 6686 649 775 759 772 708 794 744 792 693 - BLANKT 4559 104 171 "4 190 171 _155 _1472x7116__ 04-TERM LIMITS YES- 651-7 669 Agq 701 74N 774 528 671 745_696_ NO 3054 651 985 953 1024 796 9,1 952 940 790 8LANKS 907 118 104 105 104 102 88 63 131 92 05-RETAIL STORES YES 3082 712 924 891 982 903 989 910 945 826 NO 5735 645 7A1 793 809 698 832 729 7U _66 wBLANKS 656 81 89 75. 80 73 56 47 99 56 --46•GRADUAT-ED-4NCDME TAv YES 4366 383 579 531 506 420 497 497 526 422 NO 10354 947 1108 1149 1279 1170 1309 1133 1187 1032 74' loA R7 7c1 AA 84 71 _ 56 11)3 74 Q7-PERSONAL INCOME TAX YET "" "4 50n 487 457 401 459. 458 480 378 NO 10609 963 1161 1183 1322 1167 1337 1151 1216 1112 -BLANKS 395 124 113 89 97 106 81 77 120 88 145 TOWN OF LEXINGTON TOWN WIDE TALLY FOR: STATE ELECTIONS PRINTED ON: 09-NOV-94 —HE{D-ON:-8�NOV -9�s "nrr "UNt REPO?T 19319 TOTAL-REGISTERED VOTERS. TBT' ti'S mut PR2 PR3 PRG PR5 PR6 PR7- PR8 PR$— QS-HIGHWAY FUND 1C-!SV 456--3.20-5. 1216 1254 11-95-1233-4-161 11"Q 11 15 NO 3599 317 415 401 442 350 480 411 463 320 -BLANKS 1275 165 154 142 175 129 1D9 114 164 123 09-RENT CONTROL YES 5037 739 901 918 976 899 1009 851 924 820 NO '6302 557 747 706 760 660 772.-721 732 645 ▪BLANKS 1134 143 126 135 135 115 96 114 160 113 —010-MASS -CONSTITUTION-AMENDMENT YES 4185 363 452 490 504 427 574 481 475 419 NO 5623 477 566 620 703 615 854 525 605 558 - -BLAN�CS 5665 598 756 64-9 664 632 440 580 714 SAl US SENATOR - EDWARD M.-KENNEDY P470 851 1-1-9&1086 1160 968 1116 1090- 1088 913 _ W. MITT ROMNEY 5732 562 546 646 675 675 730 580 682 636 LAURALEIGH DOZIER 66 5 11 5 9 1 10 3 13 9 WILLIAM A. TERGUSON-•- J12- 4 1 2 1 2 1 1 1 -14LANKS 196 19 17 21 25 29 20 13 33 19 GOVERNOR/LIEUT.--GOV-EANOP WELD/CELUCCI 9994 952 1015 1106 1166 1177 1216 1098 1187 1077 ROOSEVELT/MASSIE 5049 444 705 601 645 460 627 557 549 461 COOK/CRAWFORD RA R R 5 13 7 3 __4. 18 7 REBELLO/GISKE 14 2 1 2 2 4 3 BLANKS 348 34 45 47 45 33 31 25 58 30 ATTORNEY GENERAL L. SCOTT HARSH3ARGER 10755 965 1324 1221 1327 1097 1326 1209 1256 1060 —JANIS-tel. BERRY sA17 A7L A56 446 441 470 471 _4.14 433 412 .-BLANKS 871 99 94 92 103 107 80 63 127 106 --SECRETARY-OF-SIAFr ARTHUR E. CHASE 5239 474 539 592 651 611 692 550 599 531 WILLIAM FRANCIS GALVIN 7358 676 902 897 859 766 864 814 841 739 - PETER- C..LVERET.T 47A 45 4A 34 65 48 49 . 5670 58__ •BLANKS 2403 243 285 236 296 249 272 266 306 250 T9T:r S R1 RR2 P-R-3 PR-4 PR5 PR6--PRT DR8—RR9 TREASURER _ JOSEPH DANIEL---MAL-ONE A546 925 1017-1076 111-4 1101-1-183-3-052-1076--1000 SHANNON PATRICIA O'BRIEN 4325 362 548 514 548 396 527 487 516 427 SUSAN B. POULIN 331 25 39 33 33 47 37 42 45 30 - THOMAS-P:---FERNEY 315 25 28 23 29---27—_21 16 26-20 -BLANKS 1058 101 142 113 's 47 103 139 89 153 101 —AUDITOR- - A. JOSEPH DENUCCI 9567 913 1163 1103 1129 1021 1123 1082 1061 972 FORRESTER A. "TIM" CLARK. JR. 3500 295 328 423 433 404 474 357 420 34 —GEOFF-M. IZIL ?.9 27 23-2-9--3-5--38--38--40 f5 /0 -BLANKS 2076 203 255 204 274 211 242 207 270 210 --REPRESENTATIVE-IN-CONGA-EEC EDWARD J. MARKEY 9449 845 1164 1081 1165 948 1138 1085 1109 913 BRAD BAILEY 5050 475 496 573 586 615 644 520 575 563 -OLANK-T 974 114 11' 19c 12a 111 -25. At 132 let. THIRD DISTRICT COUNCILLOR CYNTHIA-S.---CREEM 41190 8-5-h R;= REC R20 695. WILLIAMM. MONNIE 2443 431 497 521 523 471 ▪BLANKS 2266 487 429 465 473 412 SIXTH DISTRICT COUNCILLOR DOROTHY A. KELLY GAY 3067 631 730 870 836 —VIIGIL-J.-AIELLA 21n4..8 45; 5�2-590__443 -BLANKS 1560 354 382 417 407 -FIFTH-DISTRII-T SENATOR.} GEN 1MLQQT ____ LUCILE "CILE" P. HICKS 4652 879 956 989 967 861 SUSAN FARGO 110 47 17 15 16 15 -6LANKR &ILIA (A$ 786 867 833 792 FOURTH DISTRICT SENATOR. GEN COURT ROBERT-air.-HAVERN. TTT 1418 7P7 q08__9_89____9_14 BRION M. CANGIAMILA 2192 483 594 607 508 •8LANKS 1045 228 272 281 264 • 1 a TOWN OF LEXINGTON ''$$ TOWN WIDE TALLY FOR: STATE ELECTIONS PRINTED ON: 09-NOV-94 1/[1TF rmitur OGDrpT 19319 TOTAL REGISTERED VOTERS TOTALS PR1 PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9--- REPRESENTATIVE IN GEN COURT JAY-R.-KAUFMAN 7544-----5-42-454-830 962 724 101b.-_911 R97 256__ BRIANM. SPENCER 7038 813 716 803 813 852 787 694 831 732 -BLANKS 851 86 107 126 96 98 74 81 93 90 DISTRICT ATTORNEY THOMAS F. REILLY 8923 809 1029 1031 1064 1001 1036 974 1028 901 - -FLANKS 6-550 629 745 728 807 673 791 711 7RR 677 CLERK OF COURTS EDWARD-J.--SULLIVAN Q2A4_7_9-8-997 oco 88.i_._952._1031 _901_1a R5.9._ -BLANKS 7109 640 777 800 990 722 846 785 830 719 —REGISTER-OF-DEEDc EUGENE C. BRUNE 6209 546 772 750 717 682 718 712 687 625 �r JANE SULLIVAN SAVERY 5585 533 560 617 704 637 701 588 680 565 ----BLANKS 36'Q 35? 44' 2D7 454 355 45R 386 449 388 COUNTY COMMISSIONER FRANCIS-X.-FLAHER:TY 66-8435 673 8.70 Qnz !In 737 770 T-46. 791 635_ BARBARA J. COLLINS 4359 370 432 468 559 519 556 481 504 470 -BLANKS 4229 395 472 488 502 418 551 459 521 423 A true copy. _ AtuesL: L2%' . Bernice H. Fallick, Town CLerk - The following figures are those absentee ballots received by November 18, 1994, and tallied by the Board of Registrars: - i 4 Resz 7 WTALs 147 QUESTION 1 - Regulating spending on question campaigns YES / I NO df / BLANKS 1 1 TOTALS to / 3 QUESTION 2 - Seat belt law . . ' YES / I NO / / ' -- BLANKS h TOTALS 2!„ / a , QUESTION 3 - Changing, the law regardin6 student tees, : 1 YES 1 / -__ NO 1 / - _ BLANKS / / TOTALS 2 / aplaTILA - Term limits YES / - / NO / / t BLANKS e) TOTALS t 1 3 QUESTION 5 - Opening of reta_l stores nn Sunday -morning ant certain iolidays YES / / NO / / 20' BLANKS D TOTALS 2 / i5 QUESTION 6 - Graduated income tax YES / [---- a t NO 40 BLANKS I 1 _ TOTALS 2 / 3 QUESTION 7 - Personal income tax changes YES / / NO / / BLANKS / / ' . TOTALS ; / 6 QUESTION 8 - State highway fluid change YES / 1 NO / I BLANKS / I TOTALS X / i5 QUESTION 9 - Prohibiting rent. control YES / t [-- NO / BLANKS / / ( TOTALS 2 / 6 QUESTION 10 - Massachusetts (zonstitution amendment YES / 1 NO I / Z BLANKS a TOTALS 2. 1 31 1 148 Afce lit Rea' 7 -ThrAcs UNITED STATES SENATOR - vote fpr ). EDWARD M. KENNEDY / .. ... __ _ / . _ ,Z • - . W. MITT ROMNEY . .4/ - - LAURALEIGH DOZIER 6 L • - __WILLIAM A. FERGUSON, JR. _ -J BLANKS BLANKS - • - • -, TOTALS 7, t .3 GOVERNOR/LIEUTENANT GOVERNOR - vote for 1 , WELD and CELLUCCI I 1 *-1 ---; _ ROOSEVELT and MASSIE . 1 , _ . cool( and CRAWFORD ' 0 0 REBELLO_and GISKE _ - _ . _ , - _ . . . - _ BLANKS A - . . . TOTALS t` 1 _ ATTORNEY GENERAL - vote for 1 , 1 . . L. SCOTT HARSHBARGER / / 2 JANIS M. BERRY 1 BLANKS 0 TOTALS to' t 3 --, SECRETARY OF STATE - vote for 1 ARTHUR E. CHASE / I ......., WILLIAM FRANCIS GALVIN / t 2. PETER C. EVERETT 4) BLANKS 4) TOTALS 2.- / TREASURER - vote for 1 JOSEPH DANIEL MALONE / I SHANNON PATRICIA O'BRIEN t I 2: SUSAN B. POULIN 4, THOMAS P. TIERNEY et . _ BLANKS TOTALS 70' t 3 ._....? .., AUDITOR - vote tor l A. JOSEPH DeNUCCI I I I= 149 FORRESTER A. "TIM" CLARK, JR. 1 ( GEOFF M. WEIL 0 1 1 BLANKS co TOTALS le ( 3 , . REPRESENTATIVE IN CONGRESS - 7th District - vote for .1 EDWARD J. MARKEY ( . ( r"--. ._ BRAD BAILEY I I ,......... . , . , • BLANKS t ! . 0 _. i ' t i ' ! TOTALS PAX Li fieta 7 7;Tie IS COUNCILLOR - 3rd District - NotefOr 11 CYNTHIA SCREEM -r 1 i A \ ,N. _1, . i WILLIAM M. MONNIE 1 I \ ; i L , BLANKS 1 — -- 44 . , / 0 . 1 i ., , . .; / TOTALS , 2 2, SENATOR IN GENERAL COURT - 5th Middlesex District - vote for 1 LUCILE "CILE" P. HICKS / \\\\ / r---- BLANKS / / / . _ TOTALS 2. . 2. _ . e ReeIle a 7 VrA I. 1 ! , , 1 . , COUNCILLOR - 6th District - 7ote4fpr, 1 DOROTHY A. KELLY GAY \ L L // , , f _ _VIRGIL J. AIELLO - '4 4 t -;- -.- 1 , ' \ 1 4-• i --- I . , I _._ _ i / \ ' - 4 - • 4- 4 , - . BLANKS Li. __\_ .0 .0 TOTALS )1 \ I 1 I SENATOR IN GENERAL COURT - 4 _h Middleso.lx District vote for 1 ROBERT A. HAVERN, III \ / / , . / ,--- BRION_M, CANGIAMILA . 0 . 1 \-- . , - BLANKS 0 _ TOTALS / _ i_ 1 , IN UENERAL CWORT - 15th Middlesex District - vote for 1 15a JAY R. KAUFMAN BRIAN M. SPENCER _ - - BLANKS 4> TOTALS 2: / 3 DISTRICT ATTORNEY - Northern District - vote for 1 THOMAS F. REILLY 2% . .3 BLANKS 47 TOTALS CLERK OF COURTS - Middlesex County -ivote for 1 EDWARD J. SULLIVAN t 4 , BLANKS TOTALS - REGISTER OF DEEDS - Middlesem Southern District - vote for 1 EUGENE C. BRUNE JANE SULLIVAN SAVERY BLANKS e) TOTALS 2°P COUNTY COMMISSIONER - Middlesex County - vote fol 1 —1 FRANCIS X. FLAHERTY BARBARA J. COLLINS BLANKS TOTALS >577Aillir A true copy. . _ Attest: Bernice H. FaliicW, Town Clerk: T ' • I -- 1. 151 (WARRANT FOR TOWN ELECTION - SEE WARRANT FILE) ANNUAL TOWN ELECTION - MONDAY, MARCH 6, 1995 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, March 6, 1995, at 7 a.m. __ The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Lexington Senior High School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The Election Officers of the various precincts were assigned for duty as follows: Precinct 1 - Warden, Robert Blouin; Clerk, Stanley Casazza; Audrey Frazer, Margaret Blouin, Martha Shurtleff, Viola Pike, Don Macbeth, Nancy McLaughlin Precinct 2 - Warden, Owen Lafley; Clerk, Donna Alexson; Mary McLaughlin, Frances Daveta, Bess Ezekiel, Robert Edwards, Phyllis Bradford, Rita Casey Precinct 3 - Warden, Marjorie Modoono; Clerk, Mildred Cronin; Daniel Welby, Marcia Flint, Lillian Drury, Alice Hopkins, Philip Pullen, Gwendolyn Cram, Helen Euart r-, Precinct 4 - Warden, Gulli Kula; Clerk, Richard Crawford; Raymond Flynn, Eleanor Mattes, Alfred Mattes, Eleanor Smith, Dana Regillo, Beverly Aker, Ruth Hamlin Precinct 5 - Warden, Jacqueline Michelove; Clerk, Winifred Ivester; Josephine Luther, Dorothy Gauthier, Priscilla Winter, Lucy Simeone, Marcia Cormier Precinct 6 - Warden, Cornelius Cronin; Clerk, Dorothy Boggia; Katherine Geanacopulis, Evelyn Belbin, Mary Casey, Audrey Hosford, Elizabeth Lehr Precinct 7 - Warden, Estelle Szalejeski; Clerk, Mary Joseph; Mildred Collentro, Robert Greenway, Eric Kula, Miriam Miller, Helen MacDonald Precinct 8 - Warden, Catherine Jones; Clerk, Michael Barry; Flor- ence Murray, Mary Buckley, William Simmons, Barbara Simmons, Maarib Bazzaz, Suzanne Barry Precinct 9 - Warden, John Taylor; Clerk, Carole Scalise; Catherine D'Entremont, Janet Lowther, Edith Paster, Anne Taylor, Carole Butler r--- The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at �.— 7 a.m. and remained open until 8 p.m. , at which time, after due notice, they were declared closed. 152 ANNUAL TOWN ELECTION, MARCH 6. 1995. CONT. The total number of registered voters in each precinct eligible to vote as of February 14, 1995, is as follows: PRECINCT REGISTERED DEM REP UNROLLED LIBER VOTERS ,--) 1 1865 840 330 695 2 2239 1110 324 805 3 2281 925 447 908 4 2330 1031 408 891 5 2146 894 401 850 1 6 2326 1046 446 833 1 7 2135 951 339 844 8 2275 957 451 855 1 9 2028 821 341 864 2 TOTALS 19625 8575 3497 7545 5 (Total includes the following: • Pr.3 Socialist - 1 Pr.8 Green - 1 Recap sheets were delivered to the Board of Registrars in the Comptroller's Office. 11.6% of the registered voters voted. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: TOWN OF LEXINGTON TOWN WIDE TALLY FOR: LOCAL ELECTIONS PRINTED ON: 06-MAR-95 HELD ON: 6-MAR-95 WINNERS REPORT 19625 TOTAL REGISTERED VOTERS TOTALS PR1 PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9 VOTE COUNT: 2285 17) 264 274 295 253 234 196 356 224 PERCENTAGE VOTING: 11.6433X SELECTMAN ->LEO P. MC.WEENEY 1427 11. 160 179 '72 166 134 123 224 151 ->ELIZA3ETH B. EDDISON 1413 83 171 171 190 142 161 135 226 134 ALL OTHERS 4 2 2 -BLANKS 1721 1S2 1 )7 193 223 193 173 132 282 161 MODERATOR ->MARGERY M. 3ATTIN 1519 114 178 193 207 177 176 155 260 166 ALL OTHERS -BLANKS 506 55 86 31 88 33 58 41 106 53 SCHOOL COMMITTEE ->MA.Y E. NEUMEIER 1385 97 145 131 187 143 147 128 221 135 ->FRED D. ROSENBERG 1315 31 157 150 171 132 145 120 214 145 4LL OTHERS -BLANKS 1376 193 226 217 232 231 176 144 297 167 PLANNING BOARD ->JOHN L. DAVIES 1362 73 155 176 204 134 150 132 209 129 TERRY ROOKARD 330, 5. 39 34 49 46 35 19 61 43 ALL OTHERS -BLANKS 543 52 70 64 42 73 49 45 96 52 LEXINGTON HOUSING AUTHORITY ->JOHN E. RYAN 1348 101 141 157 177 152 137 116 211 156 ALL OTHERS -BLANKS 937 73 123 117 118 101 97 80 155 66 P1-TOWN MEETING ->JONATHAN G. COLE 91 91 ->NANCY C. GORDON 90 90 ->JOHN P. BREEN 85 85 ->THOMAS B. SULLIVAN 83 83 ->JOSEPH J. DINI 83 83 ▪>JAMES S. WILSON 82 82 ->BARRY E. SAMPSON 78 78 CHAUR-MING CHOU 66 66 TERRY ROOKARD 62 62 ROSE MAURIELLO 1 1 ALL OTHERS -BLANKS 532 532 153 TOWN OF LEXINGTON TOWN WIDE TALLY FOR: LOCAL ELECTIONS PRINTED ON: 06-M:.R-95 HELD ON: 6-MAR-95 WINNERS REPORT 19625 TOTAL REGISTERED VOTERS TOTALS PR1 PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9 P2-TOWN MEETING +>JENNIFER L. HARTSHORN 159 159 ->MYLA KABAT-ZINN 154 154 +>KAREN A. DOM 144 144 ->BARRY ORENSTEIN 139 139 +>C. GRATTAN BALDWIN 139 139 +>JOHN T. CUNHA 112 112 ->DAVID RUDNER 109 109 +>ROBERT W. CUNHA 106 106 L RENE D. VARRIN 99 99 THOMAS R. DIAZ 99 99 ALL OTHERS -BLANKS 852 852 P3-TOWN MEETING ▪>ROBERT N. COHEN 164 164 ->PAUL E. KEANE 157 157 +>SHIRLEY RAUSON FRAWLEY 155 155 ->MARJORIE K. MADOFF 155 155 ->MARILYN K. MAIRSON 149 149 ▪>MARY E. NEUMEIER 143 143 ▪ BRUCE COLLIER 139 139 LISA DINI 118 118 ALL OTHERS -BLANKS 738 738 P40TOWN MEETING ▪>SANDRA J. SHAW 181 181 ->JUDITH J. UNRIG 180 180 ->NYLES NATHAN BARNERT 178 178 ->CHRISTINA E. COUGHLIN 176 176 ->NANCY M. CANNALONGA 176 176 >JOHN L. DAVIES 162 162 ->RUTH S. THOMAS 155 155 CHRISTINE EMILY CONNOR 153 153 ALL OTHERS -BLANKS 704 704 TOTALS PRI' PR2 PR3 PR4 PR5 PR6 PR7 PR4 PR9 I"'"'- P5-TOWN MEETING +>CHARLES T. VAIL 141 141 +>PAUL E. HAMBURGER 124 124 f ->CAROL A. LIFF 121 121 ->ANDREW J. FRIEDLICH 118 118 ->IRENE M. DONDLEY 104 104 ->SALLY S. HUEBSCHER 101 101 >HOWARD GRAVIS 100 100 +>SAM SILVERMAN 98 98 SAMUEL L. POWERS 66 86 ALL OTHERS -BLANKS 1031 1031 P6-TOWN MEETING ->SUZANNE E. BARRY 152 152 >ALAN J. LAZARUS 139 139 ->CATHERINE S. ENGLAND 139 139 ->KATE DIAMOND 137 137 ->JOSEPH L. FABER 134 134 ->FLORENCE A. BATURIN 133 133 ->DENNIS M. O'CONNOR. JR. 112 112 RICHARD P4QGETT 42 42 MARY ANN LAZARUS 2 2 ALL OTHERS ▪BLANKS 648 648 P7-TOWN MEETING ->ROBERTA S. BLACK 126 126 ▪>GORDON M. HARDY 122 122 ->DAVID 6. MILLER 115 115 •>JOYCE A. MILLER 108 108 >LINDA HOROWITZ 106 106 ->CLARK A. COVEN 99 99 +>GEORGE A. BURNELL 88 88 +>NEAL E. BOYLE. JR. 87 87 MARTIN HOROWITZ 6 6 ALL OTHERS •BLANKS 711 711 11.521 TOWN OF LEXINGTON TOWN WIDE TALLY FOR: LOCAL ELECTIONS PRINTED ON: 06-xAR-95 HELD ON: 6-MAR-95 WINNERS REPORT 19625 TOTAL REGISTERED VOTERS TOTALS PR1 PR2 PR3 PR4 PR5 PR6 PR7 PRS PR9 P8-TOWN MEETING >ANNE E. FRYMER 224 224 -)ALAN MAYER LEVINE 222 222 >H. BIGELOW MOORE 216 216 -'ROBERT V. WHITMAN 214 214 ▪'ELIZABETH J. BRYANT 206 206 -'DIANA T. GARCIA 201 201 __J>JAMES A. OSTEN 167 167 >CHARLES NORNIG 162 162 SETHA G. OLSON 128 128 STEPHEN J. TRIPI 116 116 ALL OTHERS BLANKS 1072 1072 P9-TOWN MEETING ▪>DAVID J. HARRIS 146 146 ->THOMAS 0. FENN 136 136 ▪)MARGARET E. COPPE 128 128 ->RICHARD M. PERRY 123 123 -'HENRY NORMAN MANZ 105 105 ->ANTHONY B. CLOSE 102 102 -)DAWN E. MCKENNA 97 97 ">FRANK J. KAVA 97 97 LOUISE Y.T. KAVA 91 91 ALL OTHERS BLANKS 766 766 A true copy. Attest: y, .c.�r ."0/7" Town Clerk 155 1995 ANNUAL TOWN MEETING - MARCH 27 . 1995 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall . A quorum was present. The invocation was given by Reverend Alfred Mattes. A moment of silence was observed in memory of members Ruth Morey, Levi Burnell, Bob Hargrove, Roberta Black. 8 : 10 p.m. The Moderator declared a recess while State Representative Jay Kaufman honored the National Merit Scholars. 8 : 15 p.m. The Moderator called the Meeting to order. 8 : 12 p.m. Town Clerk, Bernice Fallick, read the Town Warrant until waived and the Constable's Return. 8: 15 p.m. The Moderator outlined procedures and conduct of the Meeting. ARTICLE 2 REPORTS OF COMMITTEES 8 : 24 p.m. Nicholas Cannalonga moved that the report of the Capital Expenditures Committee be accepted and placed on file. Following a voice vote at 8: 25 p.m. , the Moderator declared the report to have been accepted and placed on file. 8: 25 p.m. William Dailey, Jr. , moved that the report of the Cary Lectures Committee be accepted and placed on file and the Committee be discharged. Bonnie Meek of the Committee presented the report. Following a voice vote at 8: 25 p.m. , the Moderator declared the report to have been accepted and placed on file. 8 : 29 p.m. Selectman Dailey moved that the report of the Town Manager be accepted and placed on file. Following a voice vote at 8 : 29 p.m. , the Moderator declared the report to have been accepted and placed on file. 8: 29 p.m. Marshall Derby presented a report for Lexhab. r-- ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES MOTION: That a committee of three be appointed by the Adopted Moderator to have the charge of the lectures under the wills of Eliza Cary Farnham and Suzanna E. Cary for the current year. 8 : 33 p.m. Presented by Selectman Dailey. Following a voice vote at 8: 33 p.m. , the Moderator declared unanimous adoption of the motion. 156 A.T.M. , CONT. - MARCH 27 , 1995 ) 8 : 34 p.m. Paul Lapointe moved that the following Articles be brought up sequentially on April 10: 4 , 5 , 8, 9 , 10 , 11 , 12 , 13 , 14, 15 , 16, 17 , 18, 19, 20, 21 , 34 . Following a voice vote at 8 : 34 p.m. , the Moderator declared unanimous adoption of the motion. --' ARTICLE 6 PRIOR YEARS' UNPAID BILLS Indefinitely MOTION: That this article be indefinitely postponed. Postponed 8 : 34 p.m. Presented by Selectman Dailey. Following a voice vote at 8 : 34 p.m. , the Moderator declared adoption of the motion. ARTICLE 7 SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED CAPITAL IMPROVEMENT PROJECTS Indefinitely MOTION: That this article be indefinitely postponed. Postponed 8: 35 p.m. Presented by Selectman Dailey. Following a voice vote at 8: 35 p.m. , the Moderator declared adoption of the motion. ARTICLE 22 ACCEPTANCE OF MGL, CHAPTER 40; §42J Adopted MOTION: That the Town accept Section 42J of Chapter 40 of the Massachusetts General Laws. 8: 35 p.m. Presented by Selectman Busa who explained that this allows for deferral of water charges to an owner who is already receiving a deferral from property taxes on the same property, who is at least 65 years old, and whose income does not exceed $40 ,000. There is an 8% interest charged and a lien placed on the property. Following a voice vote at 8: 37 p.m. , the Moderator declared unanimous adoption of the motion. ARTICLE 23 ACCEPTANCE OF MGL, CHAPTER 83 ; §16G Adopted MOTION: That the Town accept Section 16G of Chapter 83 of the Massachusetts General Laws. 8 : 37 p.m. Presented by Selectman Busa who explained that this allows for deferral of sewer charges to an owner who is already receiving a deferral from property taxes on the same property, who is at least 65 years old, and whose income does not exceed $40 ,000. There is an 8% --' interest charged and a lien placed on the property. Following a voice vote at 8 : 37 p.m. , the Moderator declared unanimous adoption of the mot=c-lo 157 ( SS`ESS-I-ON-. A.T.M. . CONT. - MARCH 27 . i995 ) ARTICLE 24 LAND TRANSFER MOTION: A. That the care, custody, management and control of parcels (c) and (d) described in this article and no longer needed by the School Department be transferred to the Board of Selectmen for conservation and recreation purposes. B. That the Conservation Commission be Postponed authorized to purchase or otherwise acquire, See p.160 and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, and that the Selectmen be authorized to transfer for conservation purposes and for recreational uses as approved by the Recreation Committee 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 parcels (a) , (b) , (c ) , (d) and (e ) described in this article, except that ( i ) with respect to parcel (c ) , the Selectmen shall retain under their jurisdiction the area delineated on the plan filed with the Town Clerk; and ( ii) with respect to parcel (d) , the Selectmen shall retain under their jurisdiction all but the 3. 5 acre parcel delineated on the plan filed with the Town Clerk, and with respect to such 3 . 5 acre parcel the Selectmen be and they hereby are authorized to convey all or a portion of such parcel to Robert Cataldo in exchange for a parcel of land off Woburn Street and two parcels of land on Maple Street, all delineated on plans filed with the Town Clerk, which shall be conveyed to the Conservation Commission and which conveyance shall be on such other terms as the Selectmen may determine. 8 : 38 p.m. Presented by Selectman Fenn who asked that the Moderator recognize Joyce Miller, Conservation Commission. Mrs. Miller introduced the members of the Land Acquisition Committee and Tom Sileo, who has a particular knowledge of Lexington conservation land which he shared with the Meeting. 8 : 57 p.m. Selectman Fenn stated unanimous approval of the Board. 8: 58 p.m. Chairman Dini stated unanimous approval of the School Committee on the Sutherland turnover. 9:02 p.m. Chairman Davison stated unanimous approval of the Planning Board. 9 :02 p.m. Chairman Chilshom stated majority support of the Recreation Committee. 9: 11 p.m. Selectman Fenn responded that the option for future LexHAB options remains open. 1513 (A-D-J RN S N, A.T.M. . CONT. - MARCH 27, 1995 ) There was discussion on the various parcels. 9 : 31 p.m. Richard Michelson, P8, offered the following: Motion: that the motion under Article 24 be Not adopted 1 amended by striking the reference to parcel (e ) . Following a voice vote at 9 : 32 p.m. , the Moderator declared the motion offered by Mr. Michelson not adopted. 9 : 34 p.m. Marita Hartshorn, P2 , offered the following: Motion: that the motion under Article 24 be Withdrawn amended by striking the reference to parcel (b) . Considerable discussion followed as to specifics of each parcel and as to whether the motion could be divided and voted individually. 10:01 p.m. Mrs. Miller moved to postpone this article to Wednesday, March 29. 10 :01 p.m. Mrs . Hartshorn stated her wish to withdraw her notion striking parcel (b) . After ascertaining that there were no objections to the withdrawal, the Moderator declared Mrs. Hartshorn' s motion to have been withdrawn. Following a voice vote at 10:01 p.m. , the Moderator declared postponement as moved by Mrs. Miller. 10: 03 p.m. Mrs. Davison moved to postpone Articles 25 , 26 , 27 , 28 , until after Article 33 . Following a voice vote at 10:03 p.m. , the Moderator declared postponement. ARTICLE 29 GRAVE BOXES MOTION: That the Town permit the use of grave boxes Not adopted and burial vaults not purchased from the Town in the Town Cemeteries. 10 :04 p.m. Presented by Evelyn Lees, P2 , who asked that the Moderator recognize Byron Blanchard who spoke in favor as the proponent of this article. Following a voice vote at 10: 13 p.m. , the Moderator declared the motion not adopted. ARTICLE 30 AMEND HISTORIC DISTRICT BOUNDARY MOTION: That the Selectmen be and they hereby are Not adopted authorized to petition the General Court for an Act to a_nehapf e r 44 : c Y Act, o Notice of 1956 as amended to expand the Battle Green Reconsideration District to include Parker Street and Jackson did not Court. prevail 10: 14 p.m. Presented by Ruth Thomas, P4 , who asked the See p.189 Moderator to recognize Marilyn Fenollosa who spoke in favor as the proponent of this article. 159 (ADJ 7Hi NED'dEbbIoN. A.T.M. . CONT. - MARCH 27 . 1995 ) 10 : 24 p.m. Sally Zimmerman, preservation specialist, spoke in favor. John Davies, Planning Board, and former ,"'" Historic Districts Commission member, also spoke in favor. Selectman Busa stated the majority of the Board were opposed and Selectman Eddison presented a minority report. Mrs. Davison stated that the Planning Board unanimously supported the article; Clark Griffith, Historic Districts Commission, stated unanimous support; David Kelland, Historical Commission, stated unanimous support; Elizabeth Whitman stated majority support of the Design Advisory Committee. Discussion continued from the Town Meeting members and interested citizens. 10: 45 p.m. William Simmons, P6 , moved the question. Following a voice vote as to whether the question should be put, the Moderator declared the motion offered by Mr. Simmons not to have passed and debate continued. 11 :07 p.m. Fred Rosenberg, P9, moved the question. Following a voice vote as to whether the question should be put, the Moderator declared the motion offered by Mr. Rosenberg to have passed. Following a voice vote at 11 : 08 p.m. which was in doubt, the Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 8 9 2 6 8 3 5 9 4 9 6 5 8 11 6 11 7 7 11 8 8 9 9 9 6 10 At large 13 11 Totals 86 88 The Moderator declared the motion offered by Mrs. Thomas not to have been adopted. 11 : 13 p.m. Mrs. Thomas served Notice of Reconsideration on Article 30 . 11 : 13 p.m. William Dailey, Jr. , Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday. March 29, 1995 , at 8 : 00 p.m, , in Cary Fail . Following a voice vote at 11 : 13 p.m. , the Moderator declared the meeting to be adjourned. A true copy. Attest: Bernice H. Fallicl , Town Clerk 160 ADJOURNED SESSION - 1995 ANNUAL TOWN MEETING MARCH 29. 1995 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall. A quorum was present. 8:00 p.m. The Moderator outlined procedures and protocol . ARTICLE 2 REPORTS 8: 07 p.m. James Scanlon, Permanent Building Committee, moved that the- report of the committee be accepted and placed on file. Following a voice vote at 8 :07 p.m. , the Moderator declared the report to have been accepted and placed on file. 8 :09 p.m. Jason Berger presented a verbal report for the Personnel Advisory Committee. ARTICLE 24 LAND TRANSFER 8: 15 p.m. Selectman Fenn moved the following substitute motion under Article 24: A. With respect to parcel (a) described in this Adopted article, that the Conservation Commission be See p.161 authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the -Th Conservation Commission, and that the Selectmen be authorized to transfer for conservation purposes and for recreational uses as approved by the Recreation Committee 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 such parcel. B. With respect to parcel (b) described in this Adopted article, that the Conservation Commission be See p.162 authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, and that the Selectmen be authorized to transfer for conservation purposes and for recreational uses as approved by the Recreation Committee 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 such parcel. C. With respect to parcel (c ) described in this Adopted article, ( i ) that the care, custody, management, See p.163 and control of such parcel no longer needed by the School Department be transferred to the Board of Selectmen for conservation and recreation purposes , and ( ii ) that the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, and that the Seiectrit.,n authorized to transfer for conservation purposes and for recreational uses as approved by the Recreation Committee 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 such parcel , except that the Selectmen shall retain under their jurisdiction the area delineated on the plan filed with the Town Clerk. — - 161 (ADJOURNED SESSION. A.T.M. . CONT. - MARCH 29. 1995 ) D. With respect to parcel (d) described in this Adopted as article, ( i ) that the care, custody, management, Amended and control of such parcel no longer needed by the See p.163 School Department be transferred to the Board of Selectmen for conservation and recreation purposes, and ( ii ) that the Selectmen shall retain under their jurisdiction all but the 3 . 5 acre parcel delineated on the plan filed with the Town Clerk, and with respect to such 3 . 5 acre parcel the Selectmen be and they hereby are authorized to convey all or a portion of such parcel to Robert Cataldo in exchange for a parcel of land off Woburn Street and two parcels of land on Maple Street, all delineated on plans filed with the Town Clerk, which shall be conveyed to the Conservation Commission and which conveyance shall be on such other terms as the Selectmen may determine. E. With respect to parcel (e) described in this Adopted article, that the Conservation Commission be See p.164 authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, and that the Selectmen be authorized to transfer for conservation purposes and for recreational uses as approved by the I-- Recreation Committee any fee, easement or conservation restriction as defined in Section 31 II of Chapter 184 of the General Laws, or other interest in all or any part of such parcel. The Moderator ruled that the motion could be divided for discussion and voting. Following a voice vote at 8 : 23 p.m. , the Moderator declared substitution to have been adopted. 8: 25 p.m. Joyce Miller, Conservation Commission, presented information on Article 24, A, the Willards Woods parcel. 8 : 27 p.m. Ephraim Weiss, P5, rose for a point of personal privilege to apologize for comments made at a previous meeting. The following spoke in favor: David Williams, Land Acquisition Committee; David Kaufman, Steward for the Conservation parcel ; Andrew Friedlich, for all six Neighborhood Associations. Marshall Derby agreed to comment on all of the parcels for Lexhab. Following a voice vote at 9 p.m. , the Moderator declared unanimous adoption of Article 24 , A. (Willards Woods ) 8 :46 p.m. Mrs. Miller continued with a presentation on Section B, the Meagherville parcel . Discussion continued pro and con. Mr. Derby stated Lexhab was not actively interested in this parcel. Mr. Chisholm outlined the Recreation Committee' s intent to further develop the golf course. 9: 14 p.m. Sheldon Spector, P6, moved the question. Following a voice vote at 9: 14 p.m. which was not unanimous, the Moderator called for a standing vote which was tallied as follows: 162 (ADJOURNED SESSION, A.T.M. , CONT. - MARCH 29 , 1995 ) Precinct Yes No Abstain 1 7 9 2 9 7 3 7 5 .J 4 16 0 5 14 4 6 16 2 7 17 2 8 17 0 9 15 3 At large 27 2 Totals 145 34 9: 19 p.m. The Moderator declared adoption of Article 24 , B. (Meagherville) 9: 20 p.m. Mrs. Miller continued with Article 24, Section C, the Sutherland parcel . 9: 20 p.m. Donald Jenkins, P8, moved to amend Section C: MOTION: To eliminate the following Not adopted words at the end of the motion: See p.163 "except that the Selectmen shall retain under their jurisdiction the area delineated on the plan filed with the Town Clerk. " Discussion continued on the amendment offered by Mr. Jenkins. 9 : 29 p.m. Notice of Reconsideration on Article 24 , B, was served by Dawn McKenna, P9. Following a voice vote at 9: 31 p.m. which was in doubt, the Moderator called for a standing vote which was tallied as follows: 163 (ADJOURNED SESSION. A.T.M. , CONT. - MARCH 29 . 1995 ) Precinct Yes No Abstain 1 7 10 2 12 6 3 0 13 4 2 14 5 10 8 6 7 11 7 8 12 8 12 5 9 3 12 At large 3 23 Totals 64 114 9 : 36 p.m. The Moderator declared the amendment offered by Mr. Jenkins not to have passed. Following a voice vote at 9: 37 p.m. , the Moderator declared unanimous adoption of Article 24, C. (Sutherland) 9: 38 p.m. Mrs. Miller continued with Article 24, Section D, Marrett Road. David Williams, Land Acquisition Committee, gave the presentation. Mr. Derby stated the land being considered in the swap was not buildable. 9: 55 p.m. Selectman Dailey made the following motion: MOTION: Part D of the substitute Adopted motion under Article 24 bg amended by deleting the words "conservation and recreation " and substituting therefor the word "municipal" Following a voice vote at 9: 55 p.m. , the Moderator declared passage of the motion offered by Mr. Dailey. 10:01 p.m. Bruce Collier, P3 , called the previous question. Following a voice vote at 10:01 p.m. as to whether the question should be put, the Moderator declared the question to be before the Meeting. Following a voice vote at 10: 03 p.m. , the Moderator declared unanimous adoption of Article 24, D, as amended. (Marrett Road) 10:04 p.m. Notice of Reconsideration on Article 24 , D, was served by Dawn McKenna, P9. 10 : 05 p.m. Mrs. Miller continued with Article 24 , Section E, Worthen Road Corridor. Discussion followed. Following a voice vote at 10 :08 p.m. which was not unanimous, the Moderator called for a standing vote which was tallied as follows: 164 (ADJOURNED SESSION. A.T.M. . CONT. - MARCH 29 . 1995 ) • Precinct Yes No Abstain 1 19 0 2 13 1 3 11 3 4 16 0 5 15 3 6 16 2 7 19 0 8 14 4 9 14 2 At large 26 2 Totals 163 17 10 : 11 p.m. The Moderator declared adoption of Article 24 , E. (Worthen Road Corridor) 10: 11 p.m. Notice of Reconsideration on Article 24 , E, was served by Dawn McKenna, P9. ARTICLE 31 GRANT AN EASEMENT MOTION: That the Selectmen be and they hereby are Adopted authorized to grant a permanent easement to the U. S. Air Force to construct and maintain a sewerage force main within Hartwell Avenue as described in the article for one dollar and on such other terms as the Selectmen may determine. 10 : 12 p.m. Presented by Selectman Dailey. Discussion and questions followed. Following a voice vote at 10: 21 p.m. , the Moderator declared unanimous adoption of the motion. ARTICLE 32 SALE OF LAND TO ABUTTER MOTION: That this article be indefinitely postponed. Indefinitely Postponed 10 : 21p.m. p.m. Presented by Selectman Dailey. Following a voice vote at 10: 21 p.m. , the Moderator declared unanimous adoption of the motion. ARTICLE 33 PETITION FOR AN ACT RELATING TO QUARTERLY TAX BIL ,S MOTION: That the Selectmen be and they hereby are Adopted authorized to petition the General Court for an Act to authorize the Town to incorporate Proposition 2 1/2 override votes into the preliminary tax commitments for the ensuing fiscal year. • 10: 21 p.m. Presented by Selectman Dailey. Following a voice vote at 10: 27 p.m. , the Moderator declared adoption of the motion. II a 165 (ADJOURNED SESSION, A.T.M. . CONT. - MARCH 29. 1995 ) 10: 28 p.m. Mrs. Davison moved to bring up Article 26 at this time. Following a voice vote at 10: 28 p.m. , the Moderator declared Article 26 to be before the Meeting. ARTICLE 26 ZONING BY-LAW, SATELLITE DISH 10 : 29 p.m. Presented by Edmund Grant, Planning Board, who moved that the report of the Planning Board be accepted and placed on file. Following a voice vote at 10: 29 p.m. , the Moderator declared the report to have been accepted and placed on file. MOTION: That the Zoning By-Law be amended as follows: In paragraph 5 . 7 . 2 , Satellite Receiving Antenna; A. in subparagraph "a" , in the existinsecond Adopted sentence by inserting the words "with a receiving dish with a diameter greater than 3 feet" after the words "satellite receiving antenna" so that the sentence, as amended, will read: "A satellite receiving antenna with a receiving dish with a diameter greater than 3 feet may not be erected in a residential district unless it is accessory to a residential or institutional use and it is located in a rear yard. " B. in subparagraph "a" , by inserting a new second sentence: "A satellite receiving antenna with a receiving dish with a diameter equal to or less than 3 feet may be installed in any district subject to subparagraph 7 . 5 . 2 Structures Other Than Buildings. " C. in subparagraph "b" , by inserting the words "with a receiving dish with a diameter greater than 3 feet" after the words "satellite receiving antenna" so that the sentence, as amended, will read: "A satellite receiving antenna with a receiving dish with a diameter greater than 3 feet may be erected after the issuance of a building permit provided the following conditions are met: " The following voiced support: Frank Smith, Board of Appeals; Caleb Warner, Cable Committee. Following a voice vote at 10:40 p.m. , the Moderator declared unanimous adoption of the motion. 10:40 p.m. William Dailey, Jr. , Chairman of the Board of Selectmen, moved that the meeting be adjourned until Monday, April 3 , 1995 , at 8: 00 p.m. , in Cary Hall. Following a voice vote at 10 : 40 p.m. , the Moder mac- declared the meeting to be adjourned. A true copy. Attest: Bernice H. Fal ick, Town Clerk 166 ADJOURNED SESSION - 1995 ANNUAL TOWN MEETING APRIL 3 . 1995 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall. A quorum was present. 8 :06 p.m. Paul LaPointe, Appropriations Committee, stated that the committee report had been left with the precinct clerks. 8 : 07 p.m. Selectman Fenn related the discussion of the previous Saturday meeting regarding the budget agreement. ARTICLE 25 ZONING BY-LAW, FRONTAGE REDUCTION 8 : 14 p.m. Frederick Merrill, Jr. , Planning Board, moved that the report of the board be accepted and placed on file. Following a voice vote at 8: 14 p.m. , the Moderator declared the report to have been unanimously accepted and placed on file. 8: 14 p.m. Mr. Merrill made the following motion: MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article. That the Zoning By-Law be amended, by adding a new -� subparagraph: 7.4 . 5 , as follows: "7 .4 . 5 FRONTAGE REDUCTION, LOTS IN A SMALL SUBDIVISION The Planning Board may grant a special permit reducing Adopted the minimum lot frontage to not less than sixty percent of that otherwise required by Table 2 for lots in the RS and RO, One Family Dwelling, and RT, Two Family Dwelling, zoning districts, that: a) have frontage on a public street ( see Definition of Street, subparagraph a. ) , and b) are in a proposed subdivision with not more than two lots, provided the Planning Board: 1 . finds, on the basis of either: a. its approval of a preliminary site development plan, as defined in the Development Regulations, that a conventional subdivision could be laid out on the tract, that complies with all applicable requirements of this By-Law and the Development Regulations; or, b. its approval and endorsement of a definitive subdivision plan; and 2 . determines that granting such special permit: a. will facilitate a development that minimizes the disruption of the existing natural features of the site, and b. will be in the public interest, benefitting either the adjacent neighborhood or the town generally. In determining whether granting the special permit would be in the public interest, the Planning Board will rely on the objectives for residential developmc set forth in subsection 9 . 1 . 1 of this By-Law and in subparagraph 3 . 1 . 2 . 2, Objectives and Criteria: Site Design of the Development Regulations. In determining whether a proposal by the applicant may benefit either the adjacent neighborhood or the town generally, the Planning Board may consider: II 167 (ADJOURNED SESSION, A.T.M. . CONT. - APRIL 3 . 1995 ) 1 ) the conveyance of the fee, or other interest, in land within the proposed subdivision to the Town for use for conservation, recreation, or other public purpose; 2 ) the provision of improvements within the right-of-way of the street, that provides the frontage, or of improvements to public facilities near the proposed subdivision. Such improvements may include, but are not limited to, the initial construction, expansion or rehabilitation of the type of improvements and services described in Section 3 . 6 , Required Improvements, of the Development Regulations and the maintenance or restoration of buildings and places of historic or architectural significance; 3 ) limitations on the use or design of buildings or the site as described in Section 2 .4 . 3 , Documents, Exhibits, of the Development Regulations; 4 ) in lieu of the provision of improvements within or near the right-of-way, or the transfer of interests in land within the proposed subdivision, the Planning Board may consider a financial contribution to a Town fund for any of the purposes identified in 1 ) through 3 ) above. 8 : 23 p.m. Joyce Miller, Conservation Commission, voiced unanimous support . Following a voice vote at 8: 28 p.m. , the Moderator declared unanimous adoption of the motion. ARTICLE 27 ZONING BY-LAW, RECYCLING STORE 8 : 29 p.m. Jacqueline Davison, Planning Board, moved that the report of the board be accepted and placed on file. Following a voice vote at 8: 29 p.m. , the Moderator declared the report to have been unanimously accepted and placed on file. 8 : 30 p.m. Mrs . Davison made the following motion: MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion attached to the report of the Adopted Planning Board on this article. That the Zoning By-Law be amended, as follows: A. In Section 2 DEFINITIONS, by inserting the following new definition in the proper alphabetical sequence: "RECYCLING COLLECTION STORE: A recycling collection store is a center for the acceptence by donation, redemption or purchase of reusable domestic containers from the public. Reusable domestic container means containers used primarily in residences and made of materials including, but not limited to, paper, glass, metal or plastic that are intended for reuse, remanufacture or reconstruction. Reusable domestic container does not include refuse or hazardous materials. " 16 (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 3 . 1995 ) B. In Section 4 , Permitted Uses and Development Standards, Table 1 , Permitted Uses and Development Standards, in Part B, Commercial Uses, in subsection 7 . 1 Personal, Business Services, by adding a new line: "7. 29 Recycling collection store ( see also paragraph 4. 3 . 1 ) " and by inserting the letter "SP" to indicate a permitted use under the column headed "CS" and the letter "N" under all other columns to indicate the use is not permitted; C. In Section 4 , Permitted Uses and Development Standards, by adding a new subsection, as follows: "4 . 3 SUPPLEMENTARY COMMERCIAL USE REGULATIONS 4. 3 . 1 RECYCLING COLLECTION STORE In a recycling collection store ( see Definition) sorting, limited cleaning, compaction or shredding of containers or other light processing activities necessary for efficient temporary storage and subsequent shipment to a recycling processing facility is permitted. " ; Mrs. Davison stated that the current redemption store would be grandfathered and pointed out the five CS zones in town. Following a voice vote at 8: 33 p.m. , the Moderator r-• declared unanimous adoption of the motion. ARTICLE 28 ZONING BY-LAW, REVISED SETBACK CALCULATIONS 8 : 34 p.m. Richard Canale, Planning Board, moved that the report of the board be accepted and placed on file. Following a voice vote at 8: 34 p.m. , the Moderator declared the report to have been unanimously accepted and placed on file. 8: 35 p.m. Mr. Canale made the following motion: MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion attached to the report of the Not Adopted Planning Board on this article. That the Zoning By-Law be amended in Table 2, SCHEDULE OF DIMENSIONAL CONTROLS, in the lines Minimum Side Yard in Feet, Minimum Rear Yard in Feet, and Minimum Side and Rear Yard Adjacent to, or Front Yard Facing a Residential District in Feet, by striking out the existing numbers in the columns headed RO and RS&RT and in the lines Minimum Side Yard in Feet, and Minimum Rear Yard in Feet, by inserting in place thereof: "20" ; and in the line Minimum Side and Rear Yard Adjacent to, or Front Yard Facing a Residential District in Feet, by inserting in place thereof: "NA" ; and by adding to the explanation under "Footnotes to Table 2 , Schedule of Dimensional Controls, the words: "NA" means not applicable , ' to appear a r':e r the existing words: "NR" means no requirements. Comments and questions continued. Following a voice vote at 9: 12 p.m. which was uncertain, the Moderator called for a standing vote which was tallied as follows: 169 (ADJOURNED SESSION. A.T.M. , CONT. - APRIL 3 . 1995 ) Precinct Yes No Abstain 1 4 15 2 6 13 3 8 7 4 4 11 5 9 10 6 6 11 7 7 12 8 9 11 9 5 14 At large 10 11 Totals 68 150 9: 16 p.m. The Moderator declared the motion not adopted. 9 : 16 p.m. Mr. Canale served Notice of Reconsideration on Article 28. 9: 16 p.m. Leo McSweeney, Board of Selectmen, moved that the meeting be adjourned until Monday, April 10, 1995 , at 8 :00 p.m. , in Cary Hall. Following a voice vote at 9: 16 p.m. , the Moderator declared the meeting to be adjourned. A true copy. Attest: Bernice H. Fallick, Town Clerk 170 ADJOURNED SESSION - 1995 ANNUAL TOWN MEETING APRIL 10, 1995 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall. A quorum was present. ARTICLE 2 REPORTS 8 : 05 p.m. Selectman Dailey spoke of the agreement reached on the various sections of the budget. 8: 10 p.m. Town Manager Richard White presented his report, citing the need for a 1 . 5 million override. 8: 24 p.m. Superintendent of Schools Jeffrey Young presented his report pointing out the areas which are in need of increased funding. 8 : 40 p.m. Paul LaPointe, Chairman of the Appropriations Committee, moved that the report of the committee be accepted and placed on file. Following a voice vote at 8:40 p.m. , the Moderator declared the report to have been accepted and placed on file. Mr. LaPointe presented the report. 8 : 55 p.m. Nicholas Cannalonga, Chairman of the Capital Expenditures Committee, spoke for the committee, followed by Paul Hamburger who outlined the 10 year plan. ARTICLE 4 OPERATING BUDGET 9: 11 p.m. Presented by Selectman Dailey. MOTION: That the following amounts be appropriated for the ensuing fiscal year and be raised in the tax levy except where a transfer is indicated they shall be provided by such a transfer. The Moderator read the following line item: Education 1100 Lexington Public Schools $37 , 320, 579 (And further that the School Department is authorized to enter into equipment lease/purchase agreements from time to time provided that each such agreement is subject to annual appropriations. ) (Provided, however, that $1 , 172, 152 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the June, 1995 , special election. ) 9 : 13 p.m. Joseph Dini , Chairman of the School Committee, spoke, followed by Superintendent Young. 9 : 37 p.m. Chairman LaPointe stated support of the Appropriations Committee. Questions, answers and discussion followed. 9: 52 p.m. Dawn McKenna, P9 , made the following motion: that line item 1100 be amended by changing the Not adopted figure of $1 , 172 , 152 appearing in the override proviso clause to $840 ,000. 171 (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 10. 1995 ) 9: 54 p.m. The Moderator called a recess in order that the Appropriation Committee might caucus. 10:02 p.m. The Moderator called the meeting back to order. 10: 03 p.m. Chairman LaPointe stated Appropriation Committee opposition by a vote of 7 to 2 . 10 :03 p.m. The Board of Selectmen expressed unanimous opposition to the McKenna motion. Discussion followed with speakers both in favor and against. Several members questioned the Board of Selectmen as to whether the override would be bundled. Following a voice vote at 10: 30 p.m. , the Moderator declared that the amendment offered by Mrs. McKenna was not adopted. Sufficient members stood to request a standing vote which was tallied as follows: Precinct Yes No Abstain 1 6 9 2 6 8 3 8 5 4 3 14 5 11 6 6 11 7 7 8 11 8 7 10 9 5 15 At large 2 5 2 Totals 67 100 2 10: 33 p.m. The Moderator declared the amendment not adopted. There was further discussion of various budget questions. 1200 Minuteman Regional School $620,850 10:41 p.m. Nyles Barnert presented the report citing the need to accept out of district students. 10 :46 p.m. Chairman LaPointe stated Appropriation Committee support for the amount in the line item. Discussion continued. 10 : 54 p.m. William Dailey, Jr. , Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday, April 12 , 1995 , at 8:00 p.m. , in Cary Nall. Following a voice vote at 10: 54 p.m. , the Moderator declared the meeting to be adjourned. A true copy. Attest: //7 \'',>-71/2111_111E),i Bernice H. Fallick, Town Clerk 172 ADJOURNED SESSION - 1995 ANNUAL TOWN MEETING APRIL 12 . 1995 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall. A quorum was present. ARTICLE 2 REPORTS 8 : 04 p.m. Selectman Busa reported on the success of the Hayden Ice Skating teams. 8: 06 p.m. Jacquelyn Ward moved that the report of the committee on Minuteman School be accepted and placed on file. Following a voice vote at 8:06 p.m. , the Moderator declared the report to have been accepted and placed on file. Mrs. Ward presented the report and was followed by Marita Hartshorn, a member of the committee, who commented further. 8: 18 p.m. Sheldon Spector, P6, asked for a follow up report to Town Meeting. 8: 20 p.m. Selectman Dailey stated that Nyles Barnert would be asked to urge Minuteman to adopt a tuition charge of $500 per semester for any student with a high school diploma. 8 : 20 p.m. Paul LaPointe presented the Appropriations Committee report on Article 4. The Committee is in `J unanimous support of bundling the override election. Mr. LaPointe enumerated on the findings and the need to meet a balanced budget. ARTICLE 4 OPERATING BUDGET 8 : 34 p.m. Andrew Friedlich, P5 , made the following motion: Provided that it is the sense of Town Meeting Adopted that the amounts identified in this article which are contingent on passage of an override, should be presented to the voters in a single bundled question in order to avoid the divisive nature of a line-item override. 8 : 38 p.m. Selectman Dailey stated opposition. The statute gives the decision to the Board and he hoped that no official position would be taken by Town Meeting. There were statements pro and con. 8: 53 p.m. Paul LaPointe stated unanimous support on the motion by the Appropriations Committee. Following a voice vote at 9:03 p.m. which was in doubt, —� the Moderator called for a standing vote which was tallied as follows: 173 (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 12 . 1995 ) 1 Precinct Yes No Abstain 1 8 9 2 11 6 3 11 5 4 13 3 5 12 8 6 15 3 7 14 5 8 13 4 9 13 6 At large 11 2 5 Totals 121 51 9 :06 p.m. The Moderator declared the motion offered by Mr. Friedlich to have been adopted. 9:07 p.m. James Nicoloro, P1 , served Notice of Reconsideration on the motion. 9:07 p.m. Nicholas Santosuosso, P4, moved to take up at this time Line Item 5400 - Transportation Services. Following a voice vote at 9:07 p.m. , the Moderator declared unanimous adoption of the motion. The Moderator read the following: 5400 Transportation Personal Services 48 ,492 �-- (Provided, however, that $48 ,492 of the appropriation is contingent upon the approval of an override question See below appearing on the ballot for the June, 1995 special election. ) 5400 Transportation Expenses 178,458 (Provided, however, that $162 , 958 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the June, 1995 special election. ) 9:09 p.m. Selectman Eddison asked the Moderator to recognize Sara Arnold, Chairman of the Transportation Advisory Committee. Discussion continued. 9: 38 p.m. Isabel H. Mroczkowski , P9 , made the following motion: Line Item 5400 be amended by striking the words: (Provided, however, that $48,492 of the appropriation is contingent upon Adopted the approval of an override question See p.174 appearing on the ballot for the June, 1995 special election. ) (Provided, however, that $162 , 958 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the June, 1995 special election. ) 174 (ADJOURNED SESSION, A.T.M. . CONT. - APRIL 12 , 1995 ) There were opinions expressed by the Town Meeting Members and citizens. Following a voice vote at 10 :00 p.m. , the Moderator declared the amendment offered by Mrs. Mroczkowski to have been adopted. 10: 06 p.m. Paul Jenkins, P8 , served Notice of Reconsideration on the above amendment. The Moderator continued the reading of the line items: Emplovee Benefits 2110 Contributory Retirement 2 ,887 , 775 (Of which $65 , 762 is to be transferred from the Water Enterprise Fund and $16,441 is to be transferred from the Sewer Enterprise Fund. ) 2120 Non-Contributory Retirement 187 , 803 2130 Insurance 667 ,811 (Of which $53 ,456 is to be transferred from the Water Enterprise Fund and $13 , 364 is to be transferred from the Sewer Enterprise Fund. ) (and further that amounts appropriated in this article for employee health and life insurance shall be transferred to this account 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 - , compensation plan. ) 2140 Unemployment Benefits 65 ,000 2150 Police/Fire Medical 35 ,430 Debt Service 2210 Payment on Funded Debt 2 , 187 , 250 2220 Interest on Funded Debt 582 , 698 2230 Temporary Borrowing 75 ,000 2240 Exempt Debt 1 ,439,954 Operating Articles 2310 Reserve Fund 250,000 2320 Municipal Salary Adjustments 245 , 916 (Of which $8, 236 is to be transferred from the Water Enterprise Fund, $3 , 597 is to be transferred from the Sewer Enterprise Fund and $8 ,083 is to be transferred' from the Recreation Enterprise Fund. ) Organizational Expenses 2410 Municipal Services & Expenses Personal Services 70,426 2410 Municipal Services & Expenses 95 ,000 10: 08 p.m. William Dailey, Jr. , Chairman of the Board of Selectmen, moved that the meeting be adjourned until Monday, April 24 , 1995 , at 3 : 00 p.m. , iwi Cary Following a voice vote at 10:08 p.m. , the Moderator declared the meeting to beeadj . ned. A true con 7. `/k✓ Attest: Bernice H. Fallick, Town Clerk 175 ADJOURNED SESSION - 1995 ANNUAL TOWN MEETING APRIL 24. 1995 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall. A quorum was present. 8 :05 p.m. Selectman Dailey spoke concerning the meeting toward joint sponsorship of the override questions. 8: 16 p.m. Paul LaPointe, Appropriations Committee, voiced unanimous support of the Board of Selectmen. The Moderator continued the reading of Article 4 : Community Services 3000 DPW Personal Services 2 , 953 , 027 (Of which $257, 149 is to be transferred from the Water Enterprise Fund, $64 , 287 is to be transferred from the Sewer Enterprise Fund, $67 , 788 is to be transferred from the Parking Meter Fund, $80,000 is to be transferred from the Cemetery Trust Funds and $201 , 387 is to be transferred from the Recreation Enterprise Fund. ) (Provided, however, that $29,000 of the appropriation is contingent upon the approval ,--- of an override question appearing on the ballot for the June, 1995 special election. ) 8 : 18 p.m. Selectman Dailey stated that the committee which would study long term problems of property taxes had been appointed. 3000 DPW General Expenses 4 ,017 , 525 (Of which $189, 972 is to be transferred from the Water Enterprise Fund, $47 ,493 is to be transferred from the Sewer Enterprise Fund, $439, 555 is to be transferred from the Recreation Enterprise Fund and $30, 650 is to be transferred from the Parking Meter Fund; and provided further that the Town Manager may enter into an agreement or agreements with one or more governmental units to perform jointly with such units any service, activity or undertaking authorized by law. ) (And in addition that a D.P.W. Revolving Fund be established pursuant to G.L.c.44, §53E2 in connection with the sale of burial containers and biodegradable bags and that $68 , 325 of expenses for such purposes be funded by the receipt of $68, 325 in anticipated revenues. ) 8 :23 p.m. Dennis O'Connor, Jr. , P6, made the following motion: that line item 3000 be amended by adding the following words: (Provided, however, that $105 , 264 of the appropriation is contingent upon the approval Withdrawn of an override question appearing on the ballot for the June, 1995 , special election. ) 8: 25 p.m. Selectman Dailey expressed the hope that this motion would not pass. 8: 28 p.m. Chairman LaPointe, Appropriations Committee, stated that this amendment was a combination of Personal 176 (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 24 . 1995 ) Service and General Expenses. 8 : 31 p.m. The Moderator announced the withdrawal of Mr. O'Connor' s motion with the unanimous consent of the Meeting. 8 : 32 p.m. Mr. O'Connor made the following motion: that line item 3000 be amended by adding the following words: (Provided, however that $55 ,000, DPW Personal Services, be contingent upon the approval of an override question appearing on the ballot Not adopted for the June, 1995 , special election. Further move , that $50, 264 , DPW General Expenses, be contingent upon the approval of an override question appearing on the ballot for the June, 1995 , special election. ) 8 : 32 p.m. Chairman LaPointe stated opposition of the Appropriation Committee. Following a voice vote at 8 :41 p.m. , the Moderator declared the motion not adopted. 3600 Water Department 3 , 556 , 098 (And that to raise such amount $3 , 556,098 be transferred from the Water Enterprise Fund. ) 3700 Sewer Department 5 ,470 , 277 (And that to raise such amount $5 ,470, 277 be transferred from the Sewer Enterprise Fund. ) There were questions concerning Water and Sewer fees. Public Safety 4110 Combined Dispatch Personal Services 296, 410 4110 Combined Dispatch Expenses 15 ,000 4200 Law Enforcement Personal Services 2 , 925 ,089 (Of which $131 , 564 is to be transferred from the Parking Meter Fund. ) (Provided, however, that $90,000 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the June, 1995 special election. ) 8 : 47 p.m. Dennis O'Connor, P6, made the following motion: that line item 4200 be amended by deleting the following words : (Provided, however, that $90,000 of the appropriation is contingent upon the approval of an Not adopted override question appearing on the ballot for the June, 1995 , special election. ) Selectman Dailey expressed opposition. Chairman LaPointe stated the Appropriation Committee would yield to the Board of Selectmen. Following a voice vote at 8:49 p.m. , the Moderator declared the motion not adopted. 1 4200 Law Enforcement Expenses 277 , 264 177 (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 24 , 1995 ) There was discussion as to the Town's disaster procedures. 4300 Fire Department Personal Services 2 , 791 , 171 (Provided, however, that $196,848 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the June, 1995 special election. ) 4300 Fire Department Expenses 151 , 217 Culture and Recreation 5100 Library Personal Services 1 , 060, 576 5100 Library Expenses 224,484 5200 Recreation Department 593 , 780 (And to raise such amount $593 , 780 be transferred from the Recreation Enterprise Fund. ) 5300 Public Celebrations 12 , 506 5400 Transportation Personal Services 48 ,492 5400 Transportation Expenses 178,458 (Of which $80,000 is to be transferred from the Parking Meter Fund. ) Human Services -^i 6100 Council on Aging Personal Services 107, 296 6100 Council on Aging Expenses 107 , 052 6210 Veterans Administration Personal Services 25 , 604 6210 Veterans Expenses 29, 913 8 : 58 p.m. Nancy Adler moved that Line Item 6310 Services Adopted for Youth be taken up with Article 21 . Following a voice vote at 8: 58 p.m. , the Moderator declared the motion offered by Mrs. Adler to have been adopted. 8 : 59 p.m. Karen Dooks raised questions on 4300 Fire Department Personal Services to which staff of the Department responded. 9: 18 p.m. The Moderator continued the reading: 6320 Services to Developmentally Disabled 11 , 000 Inspectional Services/Community Development 7100 Inspectional Services Personal Services 429, 344 (Provided, however, that $12 ,000 of the �,,,, appropriation is contingent upon the approval of an override question appearing on the ballot for the June, 1995 special election. ) 7100 Inspectional Services Expenses 51 , 718 7200 Planning Personal Services 132 , 698 7200 Planning Expenses 6 , 614 Executive 8110 Selectmen Personal Services 50 , 262 (Of which $1 , 793 is to be transferred from the Water Enterprise Fund and $448 is to be transferred from the Sewer Enterprise Fund. ) 8110 Selectmen Expenses 54 , 983 8120 Town Manager Personal Services 257 , 517 (Of which $33 , 193 is to be transferred from the Water Enterprise Fund and $8, 298 is to be 178 (ADJOURNED SESSION. A.T.M. , CONT. - APRIL 24 . 1995 ) transferred from the Sewer Enterprise Fund. ) 8120 Town Manager Expenses 14 , 137 8130 Town Report 4 ,800 Legislative --� 8210 Appropriation Committee Expenses 735 8220 Miscellaneous Boards & Committees Expenses 6, 075 Finance 8310 Comptroller Personal Services 269 , 124 (Of which $100, 911 is to be transferred from the Water Enterprise Fund and $25, 228 is to be transferred from the Sewer Enterprise Fund. ) 8310 Comptroller Expenses 77 , 284 8320 Revenue Personal Services 167 , 841 (Of which $48 , 562 is to be transferred from the Water Enterprise Fund and $12 , 141 is to be transferred from the Sewer Enterprise Fund. ) 8320 Revenue Expenses 14 ,483 (And in addition that a Flexible Spending Revolving Fund be established pursuant to G.L.c.44 , §53E1 in connection with revenue generated from enrollment in the Flexible Spending Plan and that $7 , 500 of expenses for such purposes be funded by the receipt of $7 , 500 in anticipated revenues. ) There was discussion on a variety of budget questions. 8330 Assessors Personal Services 183 , 350 (Of which $2 , 585 is to be transferred from the Water Enterprise Fund and $646 is to be transferred from the Sewer Enterprise Fund. ) 8330 Assessors Expenses 3 , 794 8340 Data Processing Personal Services 54 , 343 (Of which $12 ,018 is to be transferred from the Water Enterprise Fund and $3 ,004 is to be transferred from the Sewer Enterprise fund. ) 8340 Data Processing Expenses 92 , 890 Staff 8410 Legal Fees & Expenses 205 ,000 8420 Town Clerk Personal Services 133 ,456 8420 Town Clerk Expenses 2 , 646 8430 Board of Registrars Personal Services 1 , 825 8430 Board of Registrars Expenses 23 , 956 8440 Elections Personal Services 28 , 000 8440 Elections Expenses 15 , 624 There was discussion on a variety of budget issues. Following a voice vote at 9 :48 p.m. , the Moderator declared adoption of Article 4 . 9: 48 p.m. Paul LaPointe, Appropriations Committee, served Notice of Reconsideration on Article 4 . ARTICLE 5 SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (FY95 ) MOTION: That the sum of $150 ,000 be appropriated to Postponed line item 1100 of the current fiscal year' s See p.181 179 (ADJOURNED SESSION. A.T.M. , CONT. - APRIL 24 . 1995 ) budget, and to raise such amount $30, 000 be transferred from line item 5400 expenses and $120 ,000 be transferred from line item 2130. �,- Presented by Selectman Dailey, who moved to postpone to April 26. Following a voice vote at 9:49 p.m. , the Moderator declared adoption of the motion to postpone. ARTICLE 8 WATER MAINS MOTION: That the Selectmen be and they hereby are authorized to install new or replacement water Adopted mains and line and reline 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; to appropriate $850, 000 for such installation and lining and land acquisition; and to raise such amount $850, 000 be transferred from the Water Enterprise Fund; and to authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid for such water projects. 9 : 50 p.m. Presented by Selectman Eddison. 9: 56 p.m. Ronald Grammont, Capital Expenditures Committee, stated approval. 9 : 57 p.m. Paul LaPointe, Appropriation Committee, stated unanimous approval. Following a voice vote at 10:01 p.m. , the Moderator declared the motion to have been be adopted. 10 :01 p.m. Notice of Reconsideration on Article 8 was served by Nicholas Cannalonga. ARTICLE 9 SANITARY SEWERS MOTION: That the Selectmen be and they hereby are Adopted authorized 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 amendment thereof, or otherwise, and to take by eminent domain, purchase cr otherwise acquire any fee, easement or other interest in land necessary therefor; to appropriate for such installation and land acquisition the sum of $300, 000 and to raise such amount $300 , 000 be transferred from the Sewer Enterprise Fund; and to authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid for such sewer projects. 180 (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 24 . 1995 ) 10:02 p.m. Presented by Selectman Eddison who stated that it was the first year of a 30 year program. Ronald Grammont, Capital Expenditures Committee, stated approval . ---t Paul Lapointe, Appropriation Committee, asked if the program could be done in half the time. Questions followed. Following a voice vote at 10: 21 p.m. , the Moderator declared the motion to have been adopted. 10: 21 p.m. Notice of Reconsideration on Article 9 was served by Nicholas Cannalonga. ARTICLE 10 STREET RELATED IMPROVEMENTS MOTION: That the Treasurer with the approval of the Adopted Selectmen be authorized to issue Highway Reimbursement Notes of the Town under G.L. c .44 , sec. 6 , as amended, in anticipation of reimbursement by the Commonwealth for highway reconstruction and improvements , including the construction of a salt shed, under the authority of Chapter 90 of the General Laws as funded, and that notes issued for a shorter period than two years may be refunded by the issue of new notes maturing within two years from the date of the original obligation, and that the Selectmen are authorized to accept highway funds from all sources including the $716 ,023 allocated under Chapter 85 of the Acts of 1994 which are hereby appropriated for such highway purposes. 10: 26 p.m. Presented by Selectman Eddison. 10 : 26 p.m. Ronald Grammont, Capital Expenditures Committee, stated approval. 10 : 28 p.m. Paul LaPointe, Appropriation Committee, stated unanimous approval . Following a voice vote at 10 : 31 p.m. , the Moderator declared the motion to have been adopted. 10 : 31 p.m. Notice of Reconsideration on Article 10 was served by —� Nicholas Cannalonga. 10 : 31 p.m. William Dailey, Jr. , Chairman of the Board of Selectmen, moved that the meeting he adjourned until Wednesday , April 2:3 , 19136 , at 8 : 0i2 . n Car; Hail . Following a voice vote at 10 : 31 p.m. , the Moderator declared the meeting to be adjourned. A true copy. c Attest: 0 Bernice H. Fallick, Town Clerk 181 ADJOURNED SESSION - 1995 ANNUAL TOWN MEETING APRIL 26 . 1995 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall. A quorum was present. A moment of silence was observed in memory of those killed in the Oklahoma City bomb blast. The Moderator announced the availability of receivers for members who would like hearing assistance. ARTICLE 2 REPORTS 8: 10 p.m. Donald Chisholm moved that the report of the Recreation Enterprise Fund be accepted and placed on file. Following a voice vote at 8 : 10 p.m. , the Moderator declared the report to have been accepted and placed on file. Mr. Chisholm presented the report. ARTICLE 5 SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (FY95 ) MOTION: That the sum of $380,000 be appropriated to Adopted line item 1100 of the current fiscal year' s budget, and to raise such amount $30,000 be --- transferred from line item 5400 expenses, $120, 000 be transferred from line item 2130, and $230, 000 be transferred from the Unreserved Fund Balance. 8 : 15 p.m. Selectman Dailey asked that Joseph Dini , Chairman of the School Committee be recognized. Mr. Dini presented the motion and gave the explanation. 8 : 21 p.m. Paul LaPointe, Appropriation Committee, stated support. Discussion followed. Following a voice vote at 8: 31 p.m. , the Moderator declared unanimous adoption. ARTICLE 11 PUBLIC WORKS EQUIPMENT MOTION: That the sum of $107 ,000 be appropriated for Adopted the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works; and that to meet the appropriation $30, 000 shall be transferred from the Water Enterprise Fund, $10, 000 shall be transferred from the Sewer Enterprise Fund, `, and $67 , 000 shall be transferred from the Recreation Enterprise Fund. 8 : 31 p.m. Presented by Selectman Eddison. 8 : 34 p.m. Ronald Grammont, Capital Expenditures Committee, stated approval. 8 : 34 p.m. Paul LaPointe, Appropriation Committee, stated support. Following a voice vote at 8:40 p.m. , the Moderator declared the motion to have been adopted. 182 (ADJOURNED SESSION. A.T.M. , CONT. - APRIL 26, 1995 ) 8:40 p.m. Notice of Reconsideration on Article 11 was served by Nicholas Cannalonga, ARTICLE 12 PINE MEADOWS GOLF COURSE IMPROVEMENTS MOTION: That the sum of $125 ,000 be appropriated to Adopted make improvements in the Pine Meadows Golf Course as determined by the Recreation Committee with the approval of the Board of Selectmen, and to raise such amount $125 , 000 be transferred from the Recreation Enterprise Fund. 8 : 40 p.m. Presented by Donald Chisholm, Chairman of the Recreation Committee. 8 :40 p.m. Paul LaPointe served Notice of Reconsideration on Article 5 . 8 :43 p.m. Nicholas Cannalonga, Capital Expenditures Committee, stated approval . 8:44 p.m. Paul LaPointe, Appropriation Committee, stated approval . 8 : 45 p.m. Selectman Busa stated Board of Selectman support. Following a voice vote at 8: 50 p.m. , the Moderator declared the motion to have been adopted. 8: 50 p.m. Notice of Reconsideration on Article 12 was served by Nicholas Cannalonga. ARTICLE 13 PLAYGROUNDS AND BALL FIELDS IMPROVEMENTS MOTION: That the sum of $50 , 000 be appropriated to Adopted make improvements at selected playgrounds and ball fields as determined by the Recreation Committee with the approval of the Board of Selectmen, and to raise such amount $50,000 be transferred from the Recreation Enterprise Fund. 8 : 50 p.m. Presented by Sandra Shaw, Recreation Committee. 8 : 54 p.m. Nicholas Cannalonga, Capital Expenditures Committee, stated approval . 8 : 55 p.m. Paul LaPointe, Appropriation Committee, stated approval . 8 : 55 p.m. Selectman Busa stated Board approval . Following a voice vote at 9 : 10 p.m. , the Modera4--r declared the motion to have been adopted. 9 : 10 p.m. Notice of Reconsideration on Article 13 was served by Nicholas Cannalonga. 183 (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 26 . 1995 ) ARTICLE 14 AUTHORIZE RECEIPT OF GRANT FOR PURCHASE OF TRANSIT VEHICLES MOTION: A. ) That the Town be authorized to accept a grant for the purchase of up to seven Adopted alternate fuel transit vehicles and that the Treasurer with the approval of the Selectmen be authorized to borrow in anticipation of such grant; and B. ) That the Town be authorized to accept a grant for the operation of a seasonal Adopted trolley service between Lexington and Concord for a period of up to two years and that the Treasurer with the approval of the Selectmen be authorized to borrow in anticipation of such grant. 9: 10 p.m. Presented by Selectman Eddison. The Moderator stated that the question would be divided. Mrs. Eddison explained. No money would be coming from the tax levy. ,-- 9 : 15 p.m. Gloria Holland, Capital Expenditures Committee, recommended authorization. 9 : 15 p.m. Paul LaPointe, Appropriation Committee, asked the Moderator to recognize Robert Leone of the Committee. Mr. Leone stated the opposition of the Appropriation Committee. 9: 20 p.m. Mrs. Eddison asked the Moderator to recognize Barbara Lucas, Transportation Coordinator. Mrs. Lucas responded to the Appropriation Committee. Discussion continued. 10 :00 p.m. Charles Shaw, P1 , moved the question. Following a voice vote at 10:00 p.m. , the Moderator declared the question to be before the Meeting. Following a voice vote at 10:01 p.m. on Section A which was in doubt, the Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 8 11 2 14 3 3 11 4 4 16 0 5 15 5 6 10 7 7 15 6 8 14 3 9 15 5 At large 16 5 Totals 134 49 10:04 p.m. The Moderator declared adoption of Section A. IAA (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 26. 1995 ) Discussion continued on Section B. 10: 10 p.m. Gloria Holland, Capital Expenditures Committee, stated approval. Following a voice vote at 10: 15 p.m. , the Moderator declared the adoption of Section B. ARTICLE 15 LIBRARY BUILDING DESIGN STUDY & OTHER MISCELLANEOUS PURCHASES MOTION: That the sum of $47, 393 be appropriated for architectural services to design additions to Adopted and remodeling of Cary Memorial Library -*Ilial-r4an- tirlz-varrekamieE-1-201m5i-41P.MX-M- ----mg-q3/41=inent.-- and that such amount be raised in the tax levy. 10: 15 p.m. Presented by Selectman Fenn who asked the Moderator to recognize Carol Mahoney, Director of the Cary Library, for the presentation. 10 : 27 p.m. Gloria Holland, Capital Expenditures Committee, stated approval. 10 : 29 p.m. Paul LaPointe, Appropriation Committee, stated approval . Following a voice vote at 10: 30 p.m. , the Moderator declared the motion to have been adopted. 10 : 31 p.m. Notice of Reconsideration on Article 15 was served by Nicholas Cannalonga. ARTICLE 16 COUNCIL ON AGING SENIOR CENTER AIR QUALITY/AIR CONDITIONING MOTION: That the sum of $8 ,000 be appropriated for Adopted improving air quality and for air conditioning the Senior Center and for purchasing equipment in connection therewith, and that such amount be raised in the tax levy. 10 : 31 p.m. Presented by Selectman Fenn who stated unanimous support of the Board. 10 : 35 p.m. Paul LaPointe, Appropriation Committee, stated support. 10: 36 p.m. Gloria Holland, Capital Expenditures, stated support. 10:38 p.m. Clark Cowen, COA, stated support. Following a voice vote at 10 : 40 p.m. , the Moderator declared the motion to have been adopted unanimously. 10 : 40 p.m. Notice of Reconsideration on Article 16 was served by Paul LaPointe. 10 :40 p.m. William Dailey, Jr. . Chairman of the Board of Selectmen, moved thalc ihe meeting he a.:1 ),..:urne un!" 1 Monday, May 1 , 1995 , at 8:00 p.m. , in Cary Hall . Following a voice vote at 10 :40 p.m. , the Moderator declared the meeting to be adjourne. . A true copy. Attest: • Bernice H. Fallick, Town Clerk - • 185 ADJOURNED SESSION - 1995 ANNUAL TOWN MEETING MAY 1 , 1995 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall. A quorum was present. A moment of silence was observed in memory of town employee Sara "Sally" Peters. The Moderator outlined procedures for the evening. ARTICLE 2 REPORTS 8 : 09 p.m. Christopher Casey, Police Chief, issued an invitation for an Open House at the Police Station. Paul Hamburger, Capital Expenditures, spoke of the 10 year spending plan and of the commitment of School Committee and Board of Selectmen to work together. Paul was thanked for all his good work. Selectman Dailey stated that the override would be June 12 . ARTICLE 18 SCHOOL EQUIPMENT PURCHASES - NEW TECHNOLOGY MOTION: That the sum of $150 ,000 be appropriated for engineering services to develop a design for 1 Substitute upgrading electrical service and for Motion installing a technology network in all school Below buildings in order to utilize computer hardware for school programs; and that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $150,000 under G.L. c.44, 8: 16 p.m. Presented by Fred Rosenberg who asked that the Superintendent of Schools , Jeffrey Young, be recognized. Dr. Young presented his report. 8 : 35 p.m. Karen Dooks, Capital Expenditures, stated support. 8 : 37 p.m. Christine Coughlin, Appropriation Committee, stated support. 8 : 39 p.m. Leo McSweeney stated the unanimous support of the Board of Selectmen. 8 :52 p.m. David Kaufman, P6, offered the following substitute motion: that the motion under article 18 be amended by substituting the following motion: that the sum of $150,000 be appropriated for engineering service, for upgrading electrical Adopted service , and for installing a technology See p.186 network and associated computers in school buildings in order to utilize the computer hardware for school programs; and that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $150,000 under G.L. c.44 , s. 7 . Following a voice vote at 8: 55 p.m. , the Moderator declared adoption of the substitute amendment as offered by Mr. Kaufman. 186 (ADJOURNED SESSION. A.T.M. . CONT. - MAY 1 . 1995 ) 8 : 57 p.m. Michael O'Sullivan, P2 , made the following motion: Add: and other Town facilities: (after . . . school buildings ) Not adopted Add: and that the Board of Selectmen and the School Committee jointly establish a Technology Oversight Computer Committee for the purpose of reviewing and advising actions pertaining to the execution of plans recommended by other interested committees. (at the end of the motion . . . G.L. c.44 , s. 7 ) Following a voice vote at 9:02 p.m. , the Moderator declared the motion offered by Mr. O'Sullivan not to have been adopted. Discussion continued. 9 : 13 p.m. Erna Greene, P3 , moved the question. Following a voice vote at 9: 13 p.m. , the Moderator declared the main question to be before the Meeting. Following a voice vote at 9: 14 p.m. which was not unanimous, the Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 10 8 2 13 2 3 13 0 4 16 0 5 13 2 6 17 1 7 18 2 8 12 3 9 16 3 At large 19 0 Totals 147 21 9: 16 p.m. The Moderator declared the motion to have been adopted. ARTICLE 17 MISCELLANEOUS SCHOOL ARTICLE MOTION: That the sum of $350, 000 be appropriated for I remodeling, reconstructing and making Adopted extraordinary repairs to school buildings and for the purchase of additional equipment therefor; that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow ‘i;3.50 .0u0 under G. . c . 44 , §7 or Chapter 645 of the Acts of 1948 as amended; and that the Permanent Building Committee is authorized to take all action necessary to carry out this project. 9 : 18 p.m. Presented by Barrie Peltz, School Committee. 9 : 26 P.m. Karen Dooks, Capital Expenditures, stated PP e support. 187 (ADJOURNED SESSION. A.T.M. . CONT. - MAY 1 , 1995 ) r.. 9: 28 p.m. Christine Coughlin, Appropriation Committee, stated support. 9: 30 p.m. Selectman McSweeney stated unanimous support. Following a voice vote at 9:25 p.m. , the Moderator declared unanimous passage. 9 : 25 p.m. Notice of Reconsideration on Article 17 was served by Nicholas Cannalonga. ARTICLE 19 INTERNET SUBSCRIPTION AND PURCHASE OF EQUIPMENT MOTION: That the sum of $10 , 900 be appropriated for the purchase of a full service Internet connection, Adopted and that such amount be raised in the tax levy. 9: 26 p.m. Presented by Selectman McSweeney. 9 : 29 p.m. Fred Rosenberg stated unanimous School Committee support. 9 : 29 p.m. Paul LaPointe, Appropriation Committee, stated majority approval at this level with one member wanting a higher amount. 9 : 30 p.m. Dan Fenn stated the support of the Cary Library Trustees. 9: 35 p.m. Town Counsel Norman Cohen replied in answer to a question on bidding that all would be in compliance with the necessary legalities. Following a voice vote at 9: 39 p.m. , the Moderator declared the motion to have been adopted. 9 :40 p.m. Notice of Reconsideration on Article 19 was served by Paul LaPointe. ARTICLE 20 FUND 50TH ANNIVERSARY VETERANS' DAY CELEBRATION MOTION: That this article be indefinitely postponed. Indefinitely Postponed 9:40 p.m. Presented by Selectman McSweeney who explained r-- that expenses would be met by private funding. Following a voice vote at 9:40 p.m. , the Moderator declared the motion to have been adopted. ARTICLE 21 FUND REPLACE MOTION:A. ) Move that the sum of $35 ,000 be appropriated to fund the following youth service programs: Adopted 1 . Child Assault Prevention Program (known as CAPP) that shall bring personal safety workshops to students in at least grades K, 2 , and 4 and shall provide parent and teacher workshops to introduce the curriculum and to give adults the tools to continue personal safety awareness at home and in the classroom. This program shall use both professionals and trained volunteers. 188 (ADJOURNED SESSION. A.T.M. . CONT. - MAY 1 , 1995 ) 2 . Community outreach programs to develop relationships 1, with alienated youths in Lexington who find it difficult to utilize services at a human services agency without first developing relationships of trust and confidence with staff. Such programs must be in addition to maintaining a "drop in center" in an accessible place that does not adversely impact a residential or commercial neighborhood and shall at least include the following: (a) Substance Abuse Awareness with Lexington High School Students. (b) Substance Abuse Workshops with Lexington High School sports teams . (c ) Direct Street work with smoking groups, including beginning the development of smoking cessation groups. (d) Weekend activities groups designed to bring ethnically, racially, and economically diverse groups together with the use of group building adventure activities , such as "outward bound" initiatives. (e ) Diversity Dialogue Groups to encourage teenage youths from different backgrounds to share lifestyles, similarities, and differences. B. ) It is the sense of the Town Meeting that the contract to carry out part A of this motion be awarded to an agency specializing in and having at least three years experience in providing programs to troubled youths and children and their families in Lexington or substantially similar communities and that RePlace would be the agency of choice of this Town Meeting. 9 : 41 p.m. Presented by Judith Zabin, P1 , who was followed by Joan Abrahams, Director of Replace. 9 : 58 p.m. The Moderator read Line Item 6310 Services for Youth, $67 , 800, and recognized Donna Hooper, Human Services Committee Chairman, who presented the history for recommending Eliot Community Human Services over Replace . The Human Services Committee's opposition to Article 21 was stated. 10 : 12 p.m. Susan Elberger stated the School Committee ' s unanimous support of Article 21 . 10 : 13 p.m. Selectman Fenn stated the Board's unanimous opposition. 10 : 16 p.m. Paul LaPointe stated the unanimous opposition of the Appropriation Committee to Part A. Discussion continued. 10 :43 p.m. Robert Cohen, P3 , moved the question. Following a voice vote at 10:43 p.m. , the Moderator declared the question to be before the meeting . Following a voice vote at 10:44 p.m. , the Moderator declared the motion to fund Replace to have been adopted. Mrs. Zabin made that following motion: that Article 4 , Line item 6310 be amended to Adopted read $32 ,800. 189 (ADJOURNED SESSION. A.T.M. . CONT. - MAY 1 . 1995 ) 10 :45 p.m. Paul LaPointe , Appropriation Committee, stated the unanimous support for the amendment. 10: 46 p.m. Selectman Dailey stated the Board would look at the contract and work out a resolution to give effect to Article 21 . Town Meeting appropriates the money but the Town Manager and the Board of Selectmen choose the agencies. Money can be appropriated to specific programs. Following a voice vote at 10: 55 p.m. , the Moderator declared adoption of the amendment and approval of the line item as amended by Mrs. Zabin. 10 : 56 p.m. Ruth Thomas, P4 , moved Reconsideration of Article 30, Amend Historic District Boundary (Parker Did Not Street ) , and Prevail presented information thereon. 10: 59 p.m. Notice of Reconsideration on Article 21 and Line Item 6310 was served by Paul LaPointe. Following a voice vote at 11 :07 p.m. , the Moderator declared that Reconsideration did not prevail . ARTICLE 34 USE OF FUNDS TO REDUCE TAX RATE MOTION: That the sum of $686, 186 be appropriated to reduce the tax levy for the fiscal year Adopted beginning July 1 , 1995, and that such amount be transferred from the Unreserved Fund Balance. 11 : 10 p.m. Presented by Selectman Dailey. 11 : 10 p.m. Paul LaPointe , Appropriation Committee, stated approval . Following a voice vote at 11 : 10 p.m. , the Moderator declared the motion to have been adopted unanimously. 11 : 11 p.m. Selectman Dailey moved that this Town Meeting be dissolved. Following a voice vote at 11 : 11 p.m. , the Moderator declared dissolution. A true copy. Attest: Bernice H. Fallick, Town Clerk 190 (WARRANT FOR SPECIAL TOWN ELECTION - SEE WARRANT FILE) SPECIAL TOWN ELECTION - MONDAY, JUNE 12, 1995 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, June 12, 1995, at 7 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Lexington Senior High School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The Election Officers of the various precincts were assigned for duty as follows: Precinct One - Warden: Eileen Fradette; Clerk: Margaret Blouin; Inspectors: Robert Blouin; Audrey Frazer; Carmela Passenisi; Martha Shurtleff; Nancy McLaughlin Precinct Two - Warden: Owen La!ley; Clerk: Donna Alexson; Inspec- tors: Rita Casey (1:30 p.m. to closing) ; Bess Ezekiel; Lois Smith; Kenneth Smith; Mary McLaughlin; Frances Daveta Precinct Three - Warden: Marjorie Modoono; Clerk: Mildred Cronin; Inspectors: Gwendolyn Cram; Alice Hopkins; Lillian Drury; Philip Pullen; Daniel Welby Precinct Four - Warden: Gulli Kula; Clerk: Richard Crawford; Inspectors: Raymond Flynn; Ruth Hamlin; Dana Regillo; Alfred Mattes; Eleanor Mattes; Rina Cecchini; Mary Sahagian Precinct Five - Warden: Jacqueline Michelove; Clerk: Winifred Ivester; Inspectors: Marcia Cormier; Dorothy Gauthier; Josephine Luther; Martha Zani; Maarib Bazzaz; Priscilla Winters; Nancy Isotti; Eugene Isotti Precinct Six - Warden: Cornelius Cronin; Clerk: Dorothy Boggia; Inspectors: Evelyn Belbin; Mary Casey; Katherine Geanacopulos; Barbara Simmons; William Simmons; Jacqueline Davison; Audrey Hosford; Elizabeth Lehr Precinct Seven - Warden: A. Estelle Szalajeski; Clerk: Nancy Lou Hayes; Inspectors: Mary Joseph; Helen MacDonald; Miriam Miller; Clark Cowen; Muriel Taylor; Eric Kula; Robert Greenway Precinct Eight - Warden: Catherine Jones; Clerk: Stanley Casazza; Inspectors: Stella Laurendeau; Robert MacEwen; Nicholas Hay; Don Macbeth; Florence Murray; Phyllis Richardson; Ruth Thomas Precinct Nine - Warden: John Taylor; Clerk: Carole Scalise; Inspec- tors: Edith Paster; Judith Schuler; Anne Taylor; Janet Lowther; Myer Cohen The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at 7 a.m. and remained open until 8 p.m. , at which time, after due notice, they were declared closed. The total number of registered voters in each precinct eligible to vote as of May 23, 1995, is as follows: PRECINCT REGISTERED DEM REP UNROLLED VOTERS 1 1850 837 321 692 2 2225 1102 320 803 3 2263 914 438 910 4 2320 1029 402 889 5 2142 889 397 855 6 2327 1040 443 843 7 2114 940 335 838 8 2256 943 451 855 9 2031 820 339 869 TOTALS 19528 8519 3446 7554 (Total includes the following: 191 (SPECIAL TOWN ELECTION, CONT. - MONDAY, JUNE 12, 1995) United We Stand - 0 Pr.3 Socialist - 1 Pr.5 Libertarian Party - 1 Pr.6 Libertarian Party - 1 Pr.8 Green - 1, Libertarian Party - 1 ami Pr.9 Libertarian Party - 3 _ Recap sheets were delivered to the Board of Registrars in the Comptroller's Office. 46.32 % of the registered voters voted. Question 1 - Shall the town of Lexington be allowed to assess an additional $1,172,152 in real estate and personal property taxes for the purposes of maintaining current levels of service in the public schools and to accommodate an increase in student enrollment for the fiscal year beginning July first, nineteen hundred and ninety-five? Question 2 - Shall the town of Lexington be allowed to asses an additional $29,000 in real estate and personal property taxes for the purposes of maintaining public open space, including cemeteries, for the fiscal year beginning July first, nineteen hundred and ninety- five? Question 3 - Shall the town of Lexington be allowed to assess an additional $102,000 in real estate and personal property taxes for the purposes of restoring police presence n the town center, in the detec- tive bureau and in the various town neighborhoods, and for enforcing zoning regulations throughout the town for the fiscal year beginning r-- July first, nineteen hundred and ninety-five? ' Question 4 - Shall the town of Lexington be allowed to assess an additional $196,848 in real estate and personal property taxes for the purposes of maintaining the current fire services level in all parts of the town for the fiscal year beginning July first, nineteen hundred and ninety-five? The Town Clerk and the members of the Board of Registrars canvassed the results as follows: - - ------------ T3TALS PR1 PR2 PR3 PR4 PR5 PR6 PR7 PRS . PR9 vryccCThNT 9r345 771 1).35 897 1153 949 1138 1023 1105 924 RCENTAGE VOTING: 46.31 81% ••SEHOOLS YES 4539 323 581 464 635 430 598 563 561 337 No 4338 442 437 374 506 505 573 452 523 525 -RI A N65 163 9 17 59 12 14 17 8 21 11 OPEN SPACE OS 4725 319 632 •,4513 662 449 652 576 581 404 NO 4217 441 393 425 483 4135 528 436 511 516 -8LANKS 103 11 10 22 8 15 8 11 14 4915 351. 643 499 669 470 656 585 609 433 4033 407 383 38& 474 467 525 425 474 490 -BLANKS 97 13 9 10 10 12 7 13 22 1 •F I kE r ES 5434 421 744 534 721 522 712 633 667 43!..) 40 3485 339- 280 345 419 415 464 373 413 437 1LANKS 126 Ii ' 11 18 13 12 12 17 25 7 A true copy. Attest: 4 ,c.c.e— \ Bernice H. Fallick, Town Clerk 192 (WARRANT FOR PRESIDENTIAL PRIMARY - SEE WARRANT FILE) PRESIDENTIAL PRIMARY ELECTION - TUESDAY, MARCH 5, 1996 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, March 5, 1996, at 7 a.m. - , The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Lexington Senior High School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The Election Officers of the various precincts were assigned for duty as follows: Prl: Robert Blouin, Margaret Blouin, Nancy McLaughlin, Viola Pike, Bernice Weiss, Nancy Isotti, Eugene Isotti Pr2: Kenneth Smith, Donna Alexson, Frances Daveta, Dorothy Bond, Mary McLaughlin, Lois Smsith, Phyllis Bradford, Rita Casey (1:30 on) Pr3: Marjorie Modoono, Alice Hopkins, Marcia Flint, Lillian Drury, Barbara Simmons, Mary Sahagian, Helen Euart, Daniel Welby Pr4: Gulli Kula, Richard Crawford, Gladys Snyder, Eleanor Smith, Dana Regillo, Beverly Aker, Rina Cecchini, Raymond Flynn, Eleanor Mattes, Alfred Mattes, Ruth Elaine Hamlin Pr5: Jacqueline Michelove, Winifred Ivester, Priscilla Winter, Leon l,_j Michelove, Josephine Luther, Lucy Simeone, Dorothy Gauthier, Marcia Cormier Pr6: Dorothy Boggia, Calvin Belbin, Audrey Hosford, Mary Casey, Elizabeth Lehr, Katherine Geanacopulos, Evelyn Belbin, Shirley Bullock, Patricia Byrnes-Parent Pr7: Estelle Szalajeski, Nancy Lou Hayes, Elizabeth McDonough, Mary Joseph, Robert Greenway, Eric Kula, Muriel Taylor Pr8: Michael Barry, Donald Macbeth, Edna Holloran, Margaret Lewis, Mary Buckley, Ruth Thomas, Stanley Casazza Pr9: Robert Edwards, Carole Scalise, Edith Paster, Judith Schuler, Clark Schuler, Janet Lowther, Carole Butler, Robert Ryan The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at 7 a.m. and remained open until 8 p.m. , at which time, after due notice, they were declared closed. 193 PRESIDENTIAL PRIMARY ELECTION. MARCH 5. 1996. CONT. The total number of registered voters in each precinct eligible to vote as of February 14, 1996, is as follows: PRECINCT REGISTERED DEM REP UNENROLLED LIBER VOTERS 1 1865 840 330 695 2 2239 1110 324 805 3 2281 925 447 908 4 2330 1031 408 891 5 2146 894 401 850 1 6 2326 1046 446 833 1 7 2135 951 339 844 8 2275 957 451 855 1 9 2028 821 341 864 2 TOTALS 19625 8575 3497 7545 5 (Total includes the following: ' Pr.3 Socialist - 1 Pr.8 Green - 1 Recap sheets were delivered to the Board of Registrars in the Comptroller's Office. 21 X of the registered voters voted. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: • OWN OF LEXINGTON TOWN WIDE TALLY FOR.: PRESPZIMLIB -LECTIONS PRINTED ON: 05—MAR-96 HELD ON: 5-MAR-9• VOTE COUNT REPORT 19309 TOTAL REGISTER ' 'OTERS • TOTALS PRI PR2 PR3 PR4 PRS PR6 PRT PR! PR9 VOTE COUNT: 4 2 1 PERCENTAGE VOTING: .025894TX 1 PRESIDENT HARRY BROWNS RICK TOMPKINS 3 1 1 IRWIN SCHIFF NO PREFERENCE 1 1 —BLANKS !FOURTH STATE COM MAN ; WARREN ROBERTS 1 —BLANKS 0 1 cOURTH STATE COM WOMAN —BLANKS 1 [-- ' i IFTH STATE COM MAN BLANKS 3 'FIFTH STATE COM WOMAN _ BLANKS 3 • TOWN COMMITTEE WARREN ROBERTS 1 BLANKS 3 1 1 194 TOWN WIDE TAL Y FOR: PRESPRIMREP1ELECTIONS\iNGTON P HELD ON 5-MAR-96 RSNTED ON: OS-MAR-96 19309 TO AL REGISTERED VOTERS VOTE COUNT REPORT TOTALS PRI PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9 VOTE COUNT: 2596 225 261 257 289 269 387 287 332289 PERCENTAGE VOTING: 13.4445% r PRESIDENT RICHARD G. LUGAR 85 3 8 10 12 6 17 9 10 10 r MORRY TAYLOR 4 1 1 PHIL GRAMM 4 2 PATRICK J. BUCHANAN 426 35 43 40 42 48 53 35 59 73 BOB DOLE � 1462 125 154 153 169 156 220 163 176 146 STEVE FORBES 339 28 36 29 45 29 49 37 48 38 LAMAR ALEXANDER 187 23 14 18 17 14 35 25 29 15 ...am' ALAN KEYES 36 2 4 2 2 12 6 1 4 3 ROBERT K. DORNAN NO PREFERENCE 26 7 2 2 1 2 4 4 2 2 COLIN POWELL 5 JACK KEMP 1 2 2 1 BILL BRADLEY 1 1 ELIZABETH DOLE 1 1 -BLANKS 19 3 2 1 2 2 8 1 1 FOURTH STATE COM MAN • THOMAS R. MASON 580 115 127 192 145 AMOS J. EATON 148 : 23 -BLANKS 440 89 41 56 31 101 139 111 FOURTH STATE COM WOMAN HELEN A. HATCH 455 92 121 139 103 OLGA S. SYMES 202 31 39 78 54 -BLANKS • 511 102 109 170 130 FIFTH STATE COM MAN DAVID P. RAILSBACK 317 59 60 56 TOM VALLE 505 91 94 104 30 86 -8LANKS 606 111 103 129 130 86 130 133 FIFTH STATE COM WOMAN MARTHA BRADLEY-ROCHE 446 88 91 83 JUDY L. CYPRET 118 18 22 25 95 18 MARGARET A. FUDGE 203 37 36 39 55 348 -BLANKS 661 118 108 142 142 151 J TOWN COMMITTEE ROBERT N. COHEN 866 57 75 93 102 143 127 92 92 85 WILLIAM A. BARNSTEAD 744 52 70 68 93 127 109 85 65 75 REED K. TAYLOR 735 51 64 51 89 131 113 34 71 81 ELIZABETH M. FLYNN 858 55 85 94 105 134 127 86 90 82 MARJORIE D. WELLS 806 49 68 63 95 130 141 90 84 86 LUANNA E. DEVENIS 654 41 54 50 82 124 102 72 55 74 BARBARA DAVIS 734 45 60 60 90 123 115 91 76 75 SANDRA AGHABABIAN 719 56 62 63 88 132 100 75 67 76 RDBERT AGHABABIAN 701 53 61 54 86 133 97 72 70 75 CONNIE FOSTER 805 53 71 67 103 131 132 85 86 77 RICHARD F. CRAWFORD 693 52 69 52 S4 128 104 75 59 71 PRISCILLA MCGRATH 738 51 64 58 90 122 110 95 74 74 PATRICIA H. LONG 823 53 73 71 95 132 146 87 87 82 WILLIAM B. SIMMONS 754 50 59 52 91 132 141 86 69 75 OWEN S. LAFLEY 669 47 73 51 82 120 95 71 60 68 BENJAMIN J. COHEN 733 47 64 70 86 129 106 81 72 78 RICHARD F. MCDONOUGH 710 50 63 56 86 131 113 78 61 72 ALBERT POLGAR 619 36 54 45 80 123 88 70 57 66 JOHN T. CUNHA 771 53 77 55 93 136 100 88 88 81 ELLEN H. WHITE 777 46 64 60 93 125 137 87 85 80 BRIAN SPENCER 964 77 89 75 110 162 133 109 109 100 SALLY J. BURGESS 692 44 62 57 91 121 101 77 67 72 THOMAS MASON 643 45 52 46 80 127 14 72 56 73 DENNIS O'CONNOR 676 44 66 55 78 123 104 74 61 71 DORIS TRAFICANTE 698 44 58 57 84 123 97 75 74 86 MARK 8. VAFIADES 661 38 58 50 81 123 95 86 59 71 DENISE O'CONNOR 674 46 58 57 82 120 106 73 64 68 --. RUTH R. LAFLEY 684 43 71 57 34 120 100 75 65 69 WILLIAM H. LEVISON 669 39 59 49 77 129 105 77 53 76 .._.)DAVID B. VAFIADES 644 33 55 51 74 121 95 82 56 70 MARK E. ROBINSON 726 45 68 53 90 126 112 83 76 73 NANCY LEE BARTER 715 63 58 56 85 122 108 84 68 74 MARGARET A. WARNER 691 43 62 64 83 122 107 71 64 75 DONNA D. RYAN 705 44 b4 54 78 126 117 81 68 73 DAVID E. POYNTON 663 41 57 61 85 122 92 76 54 75 1 -BLANKS 65446 6187 6868 6920 7040 4942 9676 7200 9157 7456 . 195 , ----, OF LEXINGTON TOWN WIDE TALLY 01: PRESPRIMDEM EL_ IONS PRINTED ON: 05-MAR-96 HELD ON: 5-MAR- VOTE COUNT REPORT 19309 TOTAL REGISTERED3 VOTERS— TOTALS PRI PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9 -I VOTE COUNT: 1506 15o 203 160 162 148 177 166 186 148 PERCENTAGE VOTING: 7.799472 PRESIDENT SILL CLINTON LYNDON H. LAROU:HE, JR. 1331 123 183 153 140 126 157 147 163 134 37 2 3 2 5 3 7 8 5 2 NO PREFERENCE 92 15 13 3 13 10 9 RALPH NADER 1 1 7 10 11 -BLANKS 45 10 4 2 39 4 4 8 1 FOURTH STATE CON MAN CHARLES LYONS 285 75 - BLANKS 362 81 -- 66 74 70 82 103 96 FOURTH STATE CON WOMAN PATRICIA N. DEAL 324 75 -BLANKS 323 87 72 87 89 76 90 77 FIFTH STATE COM RAN ' THOMAS J. LARKIN 481 112 80 97 BLANKS 378. 91 80 65 100 92 86 56 FIFTH STATE COM WOMAN VIRGINIA M. ALLAN 127 SUSAN R. BURSTEIN 30 23 27 29 18 CAROL Y. MITCHELL 217 440 43 46 40 BLANKS 205 466 26 37 4+! 48 79 71 55 63 42 TOWN COMMITTEE GERALD L. ABEG6 647 54 70 65 81 95 81 69 72 60 MARY C. ABEGG 643 53 71 65 84 93 77 71 71 58 GORDON E. BARNES. JR. 519 43 51 48 55 81 62 61 59 59 SAMUEL BERMAN 585 43 73 77 65 87 76 60 55 52 NARAIN D. BHATIA 490 37 54 46 57 82 66 53 51 44 BRUCE COLLIER 521 40 48 68 56 78 71 61 56 43 MARIA CONSTANTINIDES 530 3? 56 54 60 62 71 56 64 46 CHRISTINA E. COUGHLIN 566 43 58 50 69 89 79 67 00 48 JACQUELINE B. DAVISON 678 44 79 94 78 92 85 76 65 65 STEPHEN W. DORAN 953 95 121 104 104 115 116 104 108 85 JAMES M. DUNN 494 44 53 43 52 85 67 56 57 37 ELIZABETH 9. EDDISON 787 60 95 86 82 102 105 94 84 79 SUSAN A. ELHERGER 614 43 67 65 66 90 84 73 76 50 DAN H. FENN. JR. 902 87 115 100 100 111 179 106 99 82 GEORGE E. FOOTE 59B 51 66 56 57 90 37 78 64 4? IONE D. GARIN6 551 35 57 57 62 82 74 61 74 49 ELIZABETH C. HAINES 553 35 59 65 70 94 77 64 55 44 HEATHER L. HARTSHORN 547 44 82 55 64 84 69 54 50 45 RICHARD T. HOWE 485 35 52 43 57 81 69 63 48 36 DAVID L. KAUFMAN 598 48 61 55 66 83 98 70 65 52 I JAY R. KAUFMAN 894 80 114 89 99 108 119 101 96 88 ROBERT V. KEARNEY 460 35 44 41 50 81 65 51 49 43 i ALFRED MATTES 458 35 _ 43 43 53 79 64 50 55 35 ELEANOR BUSTIN MATTES 479 35 52 47 57 90 66 53 52 37 KRISTIN S. O'SULLIVAN 567 43 81 52 58 94 75 65 54 50 i ALICE M. PIERCE 582 40 65 59 72 25 76 77 59 49 1 NEVA M. REINER 514 35 56 54 59 82 70 65 52 42 JEFFREY S. ROBBINS 453 35 43 47 52 76 52 49 49 40 t MYRON ROSENBLUM 560 33 78 54 65 86 76 61 54 48 I RACHEL S. ROSENBLUM 515 37 85 61 75 88 81 73 63 52 HARRY P.UDLOE 430 33 43 39 47 7o 62 47 48 35 f NANCY A. SACKMAN 493 33 49 47 58 83 73 54 54 42 MARGARET SCHWARTZ 541 38 58 51 62 83 76 61 61 51 1 SAM SILVERMAN 554 43 66 52 58 90 BO 64 59 45 (---; MURIEL TAYLOR 489 35 49 44 59 82 63 66 SD 41 SAMUEL SILVA 1 1 Lt -BLANKS 32324 3893 4791 3524 3361 2131 3464 3474 4287 3399 :4111"/4(' -:////' \ A true copy. Attest: Bernice H. Fallick, Town Clerk 4 a i A 196 (WARRANT FOR TOWN ELECTION - SEE WARRANT FILE) ANNUAL TOWN ELECTION - MONDAY, MARCH 18, 1996 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, March 18, 1996, at 7 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Lexington Senior High School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The Election Officers of the various precincts were assigned for duty as follows: P1-Robert Blouin, Margaret Blouin, Nancy Isotti, Eugene Isotti, Viola Pike, Nancy McLaughlin, Martha Shurtleff, Judith Marcus, Bernice Weiss P2-Kenneth Smith, Donna Alexson, Frances Daveta, Dorothy Bond, Mary McLaughlin, Lois Smith, Rita Casey (1:30 p.m. ) P3-Marjorie Modoono, Alice Hopkins, Daniel Welby, Marcia Flint, Lillian Drury, Philip Pullen, Barbara Simmons, William Simmons, Helen Euart P4-Gulli Kula, Richard Crawford, Gladys Snyder, Eleanor Smith, Dana Regillo, Beverly Aker, Alfred Mattes, Eleanor Matts, Raymond Flynn, Ruth Elaine Hamlin P5-Jacqueline Michelove, Phyllis Bradford, Priscilla Winter, Leon Michelove, Josephine Luther, Dorothy Gauthier, Marcia Cormier P6-Dorothy Boggia, Calvin Belbin, Audrey Hosford, Mary Casey, Elizabeth Lehr, Katherine Geanacopulos, Evelyn Belbin, Shirley Bullock P7-Estelle Szalajeski, Nancy Lou Hayes, Elizabeth McDonough, Mary Joseph, Robert Greenway, Eric Kula, Edna Holloran P8-Michael Barry, Stanley Casazza, Elinor Bettencourt, Mary Buckl- ey, Ruth Thomas, Donald Macbeth, Doris Barclay P9-Robert Edwards, Carole Scalise, Edith Paster, Judith Schuler, Jacqueline Davison, Janet Lowther, Carole Butler The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at 7 a.m. and remained open until 8 p.m. , at which time, after due notice, they were declared closed. 197 ANNUAL TOWN ELECTION. MARCH 18. 1996. CONT. The total number of registered voters isas1pr ieach precinct eligible to vote as of February 27, 1996, PRECINCT REGISTERED DEM REP UNROLLED LIBER VOTERS 1 1831 821 312 697 1 ,--- 2 2251 1102 322 826 1 3 2297 915 441 939 1 4 2319 1039 389 891 5 2120 863 400 856 1 6 2274 1018 434 821 1 7 2085 915 324 846 8 2211 911 443 856 9 1990 775 350 862 -3-- TOTALS 19378 8359 3415 7594 8 (Total includes the following: Pr.3 Socialist - 1 Pr.8 Green - 1 Recap sheets were delivered to the Board of Registrars in the Comptroller's Office. 24% of the registered voters voted. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: TOWN OF LEXINGTON TOWN WIDE TALLY FOR: LOCAL ELECTIONS PRINTED ON: 18-MAR-96 HELD ON: 18-4AR-96 WINNERS REPORT 19378 TOTAL REGISTERED VOTERS TOTALS PRI PR2 PR3 PR4 PR5 PR6 PRI' PR9 PR? VOTE COUNT: 4694 464 490 495 609 451 631 558 600 426 PERCENTAGE VOTING: 24.2233% SELECTMAN ->DAN H. FENN, JR. 3340 255 332 360 473 300 443 424 426 327 ->DANIEL P. 8USH. JR. 2929 324 308 283 328 307 364 339 369 307 DAWN E. MCKENNA 1700 188 184 189 221 153 225 195 205 137 -BLANKS 1419 161 156 158 196 142 170 158 197 81 MODERATOR ->MARGERY M. BATTIN 3206 277 341 341 409 297 431 390 404 316 WILLIAM J DAILEY JR 4 1 1 1 1 -BLANKS 1484 187 148 154 199 154 170 167 195 113 SCHOOL COMMITTEE ->JOSEPH J. DINI 2957 315 313 319 365 292 358 335 363 297 STEVEN DORAN 1 1 PAUL NEWMAN 1 1 -BLANKS 1735 14? 177 176 244 158 243 222 237 129 PLANNING BOARD ->STEVEN L. COLMAN 2547 249 260 268 334 248 316 293 319 261 -BLANKS 2147 215 230 227 275 203 265 265 281 165 LEXINGTON HOUSING AUTHORITY ->NICHOLAS SANTOSUOSSO 2931 304 307 303 370 294 354 330 364 295 -BLANKS 1763 163 183 192 239 157 247 228 216 141 =-„ifz ANNUAL TOWN ELECTION, March 18, 1996, cont. ��:. .:�x v::air•... s . , PR-1 ->FRANCIS V. BUSA P ->NANCY M. ADLER 249 ' '>WALLACE CUPP 236 ->J AMES E. BARRY 235 245 -. . '”>J OHN HAYWARD 230 ' ->ALBERT P. ZABIN '>ELAINE DRATCH 226 ->MARY BOWES 215 ->DAVID G. WILLIAMS 220 ->JOHN E. CURRY 206 ->EPHRAIM WEISS 215 ->MARSHA S. GOLDBERG 199 ->JOSEPH F. GILBERTS JR. 201 1 198 ->SAMUEL POWERS 177 ' PAUL G. TOPALIAN 169 WILLIAM H. COPP, JR. 166 f NORMA DOMINICK FLOYD 92 -BLANKS 1440 DON DEILY 127 i BLANKS 1359 -I i ->C-2 A LYN C. WILSON 308 PR*6 ->ROBERT W. CUNHA 288 ->DAVID L. KAUFMAN 330 ->CHRISTINA J. WELCH 261 3251 ->DANZEL A. LUCAS 248 '>RZCHARD PAGETT 306 ->LEONORA K. FEENEY 240 '>JOHN S. WILLSON ->JASON 9ERGER 265 ->PAUL H. LAPOINTE 220260 z ->RENE D. VARRIN 191 ">ANNE A. RIPLEY '>PcTER DIAMOND 255 ->TIMOTHY P. ENRIGHT 185 ->THOMAS R. DIAL 183 ">MARSHALL J. DERBY 253 " ->KAREN GRAY 24 ">MICHAEL R. BARRY 236 ->KATHERINE KIEFER 3 RONALD B. PAWLICZEK 208 , WILLIAM B. SIMMONS 201 WILLIAM WELCH 1 WILLIAM CARRUTHERS 1 MARK C. FRENCH 193 -BLANKS 3237 'BLANKS 1976 I - 1.21-17--'3--- ->GLORIA V. HOLLAND 306 . ->JOHN P. CARROLL 263 PR- • . � 1 ->RICHARD L. NEUMEIER 259 ">MARTHA C. WOOD 276 >E,2IC JAY MICHELSON 256 '>JONATHAN S. LEDERMAN 249 ->FRANCIS W. K. SMITH 226 ->ROBERT M. FARIAS 249 ; ->PAUL J . ROSE 196 '>CATHERINE M.D. ABBOTT 248 ->RICHARD R. EURICH 169 '>JAMES Co WOOD, JR. 238 ->JOHN H. SELLARS 168 '>JOHN E. TAYLOR 235 FRANKLIN J . SORRENTO, JR. 154 '>AUDREY J. FRIEND 235 DAVID KESSLER 121 ->MARTIN HOROWITZ 201 -BLANKS 1842 ->MURIEL TAYLOR 175 ->NEAL E. BOYLE, JR. 163 JAMES J. SCANLON 157 STEVEN L. COLMAN 146 ; -A.. GLEN FRANKS 112 ->MARGARET F. RAWLS 380 MATTHEW PROUJANSKY 100 i ->RONALD W. COLWELL 330 *BLANKS 3354 ->PCTER DAVID ENRICH 324 ->JEANETTE P. WEBB 299 ->DONALD A. CHISHOLM 291 ->MARTIN K. WHITE 274 ->NICHOLAS SANTOSUOSSO 272 ROBERT A. LEONE 255 SCOTT F. BURSON 245 -BLANKS 1 553 i ' .3- 1' I. , - .t" .-r .r .;.!.,N, r--' 1� r , + ' .x + �!-...�_ , `G + ,,,',;.'.t^,4 tkt r. f : . t i :;\'_,# I1 777 `/: +< r • '' �,r.t...I . •.F�,+` f,'r i '''".';'''i' .r.',t'r ' 1'.' - �i 4' Fl.y,. t�'irk"' '5 r, ' " ?' r '!: .11t ''r j; tita;: .{{'� tr .e r .7. rt PR- 315 Ft ti rt0 ->RICHARD A. MICHELSON 315 m m ->IONE D. GARING 308 :: -)ROGER- 0 F. BORGHESANI 301 ->JOHN T. CUNHA 255 ->CHARLES HORNIG 251 g ->FLORENCE E. CONNOR 61 r. ->MARGARET BRADLEY SCHWARTZ 230 DONALD L. BAILEY 213 191 m SETHA G. OLSON 115 1 CERISE JALELIAN 1710 BLANKS o H J r / til 1-3 F—I O7,, NICE A. KENNEDY ti >MICHELLE L. CICCOLO 235 ->ALICE J. ADLER 234 o >LOUISE V.T. KAVA 228224 0 ->RICHARD SCHAYE / ->ISABEL H. MROCZKOWSKI 215 ->MICiAEL E. SCHROEDER 193 -BLANKS 1406 k' O 0 rt. 200 1996 ANNUAL TOWN MEETING APRIL 8 . 1996 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall. A quorum was present. The invocation was given by Reverend Flanders of the Church of Our Redeemer. The Moderator lauded the contributions of longtime Town Meeting Members who had chosen not to run this term: Erna Greene, Sam Nablo, Jack Sarmanian, Jackie Ward, and Ruth Souza, and honored the passing of Town Clerk's Office staff member Elinor Cahill. 8: 10 p.m. Town Clerk Bernice Fallick read the Town Warrant until waived and the Constable's Return. The Moderator outlined procedures and conduct of the Meeting. ARTICLE 2 REPORTS OF COMMITTEES 8: 19 p.m. Selectman Fenn reported that HATS is working with Massport on the update of the GEIR and that Massport had agreed to an extension on the comment period. 8: 21 p.m. Selectman McSweeney stated that the budget was still a work in progress and attempts were being made to reduce amounts in order to balance the budget. 8 : 24 p.m. Selectman McSweeney moved that the report of the Cary Lectures Committee be accepted and placed on file and the Committee be discharged. Dana Regillo of the Committee presented the report. Following a unanimous voice vote at 8:27 p.m. , the Moderator declared the report to have been accepted and placed on file and the Committee discharged. 8 : 28 p.m. Joyce Miller, Conservation Commission, asked members to complete the Open Space and Recreation Plan Survey. 8: 28 p.m. Jeffrey Young, Superintendent of Schools, presented his report indicating ten forces which serve as a focus and context for thinking about School Funding. ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES MOTION: That a committee of three be appointed by the Moderator to have the charge of the lectures under the wills of Eliza Cary Farnham and Suzanna E. Cary for the current year. --� 8:40 p.m. Presented by Selectman McSweeney. Following a voice vote at 8:40 p.m. , the Moderator declared unanimous adoption of the motion. �1 ± 201 (Annual Town Meeting. CONT. - APRIL 8 . 1996 ) MOTION: That Articles 26, 27, 34, 39, 37 and 38 be taken up in that sequence; provided, however, that if any of these articles are not reached at this session, then they ,--- shall be taken up in their numerical order. 8 :41 p.m. Presented by Selectman McSweeney. Following a voice vote at 8 :41 p.m. , the Moderator declared adoption of the motion. ARTICLE 26 NOTICE OF INTENT FEES MOTION: That the sum of $4 , 662 be appropriated to the Conservation Fund - Wetlands Interest Fees Passed - Account for the purpose of administering the See below Wetlands Protection Act, and to raise such amount $4 , 662 be transferred from the Reserve for Appropriation for Wetlands Protection Fund account. 8 : 41 p.m. Presented by Joyce Miller, Conservation Commission. 8: 42 p.m. Elizabeth Eddison, Board of Selectmen, stated approval of the Board. 8:42 p.m. Paul LaPointe, Appropriation Committee , stated unanimous approval . Following a voice vote at 8:43 p.m. , the Moderator declared unanimous adoption of the motion. ARTICLE 27 186 GROVE STREET EASEMENT MOTION: That the Selectmen be and they hereby are authorized to release to Ursula and Charles Pike a fifty foot road access easement as Passed - described in the article in exchange for a See below fifteen foot walking easement as described in the article and on such other terms as the Selectmen may determine. 8 : 44 p.m. Presented by Joyce Miller, Conservation Commission. 8 :46 p.m. Elizabeth Eddison, Board of Selectmen, stated unanimous approval . 8 : 46 p.m. John Davies, Planning Board, stated unanimous approval . Following a voice vote at 8:47 p.m. , the Moderator �y declared unanimous adoption of the motion. 202 (Annual Town Meeting , CONT. - APRIL 8 . 1996 ) ARTICLE 34 USE OF DRIVEWAY ON PHILIP ROAD MOTION: That the Selectmen be and they hereby are authorized to grant a permanent easement to Anthony and Beatrice Busa to continue to use the existing portion of their driveway located Passed - at 18 Philip Road that extends onto Lot 42B See below shown on Assessor' s Property Map 15 for one dollar and on such other terms as the Selectmen may determine . 8 : 47 p.m. Presented by Selectman McSweeney. Ephraim Weiss, P5 , asked for the map which he had previously requested. Town Engineer Frank Fields displayed a map which Mr. Weiss deemed inadequate. The Moderator called for a standing vote which was tallied as follows : Precinct Yes No Abstain 1 18 0 2 16 2 3 12 4 4 15 0 1 5 17 1 1 6 13 3 7 15 1 8 13 0 9 16 0 At large 19 0 1 Totals 154 11 8 : 54 p.m. The Moderator declared adoption of the motion. ARTICLE 39 CITIZEN ARTICLE (MARION ANGOFF) MOTION: That Town Meeting vote to urge the School Did not pass - Department to review and reconsider Marion Angoff' s See below request. 8 : 54 p.m. Presented by Andrew Friedlich, P5 . The Moderator recognized Elizabeth Lape who spoke on Ms. Angoff's behalf. Ms. Angoff presented her report. Questions arose regarding jurisdiction of Town Meeting. Town Counsel Norman Cohen stated that this had been in litigation for a long period of time, that the article did not provide for back pay with interest, and that it is not within Town Meeting jurisdiction to direct the School Committee to spend money in this manner. There were further questions . Ms . Angoff read Article 39 from the Warrant . Following a voice vote at 9: 14 p.m. , the Moderator declared the motion not adopted. - -- -- ---- _ _ 203 (Annual Town Meeting, CONT. - APRIL 8 , 1996 ) ARTICLE 37 MUNICIPALIZATION OF UTILITIES r-- MOTION: That the Town Manager, with the approval of the Board of Selectmen, be authorized to take all necessary and appropriate action to establish and to maintain, in accordance with the provisions of Chapter 164 of the General Laws as amended from time to time and in accordance with rules, regulations and orders of the Department of Public Utilities as implemented from time to time, a municipal lighting and gas plant and to acquire such property and/or such rights to use or share in the use of property Passed - owned by others as may be necessary, See below appropriate or convenient for such municipal lighting and gas plant to provide aggregated retail electric and gas service by purchase and re-sale to, or- as agent for, all or such part of the persons and entities resident within the limits of the Town of Lexington which do not choose to take service from others, all in the manner and subject to the conditions which the Town Manager with the approval of the Board of Selectmen may deem appropriate under the circumstances and consistent with the rules, regulations and orders of the Department of r-- Public Utilities. L - 9 : 15 p.m. Presented by Selectman Eddison who stated unanimous approval of the Board. 9 : 20 p.m. George Woodbury, DPW, presented information on the motion and replied to questions. Mr. Woodbury stated that the provisions of the law appeared to require two votes from Town Meeting, that savings of 10-15% would be anticipated, and hopefully there would not be costs involving in pursuing minicipalization. 9 :42 p.m. Paul LaPointe, Appropriation Committee, stated approval of the Committee. 9 :47 p.m. The Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 17 0 2 18 0 3 17 0 4 16 0 5 18 0 6 17 0 7 18 1 8 19 0 9 17 1 At large 21 0 Totals 178 2 9: 52 p.m. The Moderator declared adoption of the motion. 204 (Annual Town Meeting. CONT. - APRIL 8 . 1996 ) ARTICLE 38 NESWC AGREEMENT MOTION: That the Selectmen are hereby authorized to take such action as may be requested by the North East Solid Waste Committee ( "NESWC" ) to implement the NESWC strategic plan as that plan relates to the Town, in accordance with the Memorandum of Understanding dated March 13 , 1996 between NESWC and Massachusetts Refusetech, Inc. ( "MRI" ) , including without limitation entering into an agreement with MRI Passed - the provisions of which will ( i ) supplement or See below replace provisions of the existing Service Agreement between the Town and MRI , ( ii ) extend the Service Agreement term to June 30, 2015 or such other date as the Selectmen shall approve and/or ( iii ) provide for a revised service fee and such other terms and conditions as the Selectmen shall determine as necessary and in the best interests of the Town. 9 : 52 p.m. Presented by Selectman McSweeney who indicated Board approval . 9: 54 p.m. George Woodbury, DPW, presented information and responded to questions. r , 10: 04 p.m. Paul LaPointe, Appropriation Committee, stated approval . Following a voice vote at 10 : 13 p.m. , the Moderator declared adoption of the motion. 10: 13 p.m. Leo McSweeney, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday, April 10 , 1996 , at 8 :00 p.m. , in Cary Hall . Following a voice vote at 10 : 13 p.m. , the Moderator declared the meeting to be adjourned. A true copy. Attest: Bernice H. Fallick, Town Clerk 205 ADJOURNED SESSION - 1996 ANNUAL TOWN MEETING APRIL 10 , 1996 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall. A quorum was present. The Moderator included Lois Coit in her list of acknowledgements for years of service. ARTICLE 2 REPORTS 8 : 10 p.m. Marshall Derby presented an update of LexHAB mentioning sites at Philip Road, Muzzey, Emerson Gardens, Garfield Street, and Locke Village. 31 , 33 , 28 and 30 be taken upin MOTION: That Articles that sequence; provided, however, that if any of these articles are not reached at this session, then they shall be taken up in their numerical order. 8 : 10 p.m. Presented by Selectman McSweeney. Following a voice vote at 8 : 10 p.m. , the Moderator declared unanimous adoption of the motion. ARTICLE 31 RS TO RD PELHAM ROAD (YOUVILLE PLACE ) That the Zoning By-Law of the Town of Lexington be amended by changing the zoning district designation of the land commonly known as the Grey Nuns property from the RS , One Family Dwelling district to the RD, Planned Residential Development district, said Property being 10 Passed - Pelham Road and is located on the Westerly side of See p. 206 Massachusetts Avenue and Southerly side of Pelham Road. The land to be rezoned consists of an approximately 12 . 1 acres site located in the RS, One Family Dwelling district and bounded and described as follows: Northeasterly by Massachusetts Avenue, 623 .82 feet; Southeasterly by land of the Scottish Rite Masonic Library and Museum, Inc. , 560. 74 feet; Southwesterly by land of the Scottish Rite Masonic Library and Museum, Inc. , 150 . 75 feet ; Southeasterly by land of the Scottish Rite Masonic Library and Museum, Inc. , 387 . 50 feet; Southwesterly by land of the Congregation of Armenian Catholic Sisters of the Immaculate Conception, Inc. , 499 . 15 feet; and Northwesterly by Pelham Road, 1 ,051 . 24 feet, said property being more fully described in metes and bounds by a plan of the land entitled "Map of Area to be Rezoned" , dated December 28, 1995 by Leonard Design Associates, Arlington, Massachusetts, and by a written metes and bounds description, copies of which are on file with the Town Clerk. The land in the RD, Planned Residential District, district shall be subject to the preliminary site development and use plan originally filed on January 16 , 1996 , and revised and resubmitted on April 3 , 1996 , which has been filed with the Planning Board and the Town Clerk. 8: 10 p.m. Presented by Ruth Thomas, Precinct 4 . 8 : 13 p.m. The Moderator recognized Sister June Ketterer for the plan presentation. 206 (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 10 . 1996 ) 8 : 23 p.m. Jacqueline Davison, Planning Board, moved that the report of the Planning Board on Article 31 be accepted and placed on file. Following a voice vote at 8 : 24 p.m. , the Moderator declared the report to have been Li I accepted and placed on file. Mrs. Davison stated that the Planning Board enthusiastically endorses Article 31 . 8 : 26 p.m. Selectmen McSweeney stated Board approval . 8 : 27 p.m. Joyce Miller, Conservation Commission, stated unanimous support. 8 : 29 p.m. Clark Cowen, Council on Aging, endorsed the article and asked for a commitment that the COA would be asked to participate in resident selection. Sister Ketterer responded to questions. 8 : 51 p.m. John Hayward, P5 , moved the previous question. Following a voice vote at 8 : 51 p.m. , the Moderator declared the motion on Article 31 to be before the Meeting. Following a voice vote at 8 : 52 p.m. , the Moderator declared unanimous adoption of the motion. ARTICLE 33 CS to RS, Marrett Road (Butler) 11 MOTION: That the Zoning By-Law of the Town of Lexington J be amended by changing the zoning district designation of the land commonly known as the Lawless Motors property from CS , Service Business to RS , One Family Dwelling, said Property being 577-581 Marrett Road ( Rt . 2A) next to See p. 265 the Shell Gas Station near the intersection of Lincoln Street & Marrett Road. The land to be rezoned consists of an approximately 1 . 62 +/- acre site located in the CS, Service Business district and bounded and described as follows: Northerly, by land N/F of the Kieran J. Lowry Trust , Northerly again by lands of said Lowry Trust , McMenimem, Grossi , and Timberlake, Easterly by land of Cheeny, Easterly again by land of the Town of Lexington, Southerly by Lands of Butler Realty Trust Two and Osgood, Westerly by Marrett Road, and Westerly again by Marrett Road said property being more fully described in metes and bounds by a plan of the land dated February 8 , 1996 by Noonan & McDowell , Inc . , Billerica, MA, and by a written metes and bounds description, copies of which are on file with the Town Clerk. 8 : 53 p.m. Presented by Donald Chisholm The Moderator recognized Jill and Joseph Butler for presentation of the history of the parcel . 9 : 07 p.m. Richard Canale , Planning Board, moved that the report of the committee be accepted and placed on file . Following a voice vote at 9 :07 p.m. , the Moderator declared the report, Lc have been accepted and placed on file . 1 207 (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 10 . 1996 ) Mr. Canale stated that if the zoning designation were to change that regular subdivision submittal process would be invoked. He stated that the Planning Board unanimously recommended approval of the change from CS to RS. There was discussion as to access to the abutting Conservation land, the cost to the town especially potential schooling, and the loss of business area and taxes. The Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 6 10 2 5 11 3 7 8 4 8 8 5 14 7 6 6 10 7 6 13 8 10 7 9 15 3 At large 15 2 Totals 92 79 9 : 36 p.m. The Moderator declared the motion not adopted since it lacked the necessary two-thirds favorable vote. 9 : 36 p.m. Donald Chisholm - served Notice of Reconsideration on Article 33 . ARTICLE 28 ZONING BY-LAW, LIVING FACILITIES FOR SENIORS 9 : 36 p.m. Jacqueline Davison, Planning Board, moved that the report of the committee be accepted and placed on file. Following a voice vote at 9 : 36 p.m. , the Moderator declared the report to have been accepted and placed on file. MOTION: That the Zoning By-Laws of the Town be amended Passed - as set forth in the motion attached to the report of the See p. 210 Planning Board on this article. NOTION That the Zoning By-Law be amended as follows: A. In Section 2 . Definitions, by deleting the following existing definitions: CONGREGATE LIVING FACILITY, LONG-TERM CARE FACILITY, AND NURSING HOME by inserting new definitions after the definition of LIGHT MANUFACTURING, as follows : "LIVING FACILITIES FOR SENIORS ASSISTED LIVING RESIDENCE: A non-institutional facility as defined by MGL Chapter 19D, providing room and board, which provides assistance with activities 208 (ADJOURNED SESSION, A.T.M. . CONT. - APRIL 10 . 1996 ) of daily living and personal care services for three or more non-related adults. See Subsection 5 . 6 . 1 . ASSISTED LIVING UNIT: One or more rooms in an Assisted Living Residence designed for and occupied by one or two individuals. See Subsection 5 . 6 . 1 . CONGREGATE LIVING FACILITY: A non-institutional , shared living environment which integrates shelter and service needs of functionally impaired and/or socially isolated older persons who are otherwise in good health and can maintain a semi-independent life style and who do not require constant supervision or intensive health care as provided by an institution. See Subsection 5 . 6 . 1 . CONTINUING CARE RETIREMENT COMMUNITY: Includes combinations of independent living residence , congregate living facility, assisted living residence, and long-term care facility within a single facility or on the same tract, offering lifetime housing and a variety of health care, social , and recreational services. See Subsection 5 . 6. 1 . CONVALESCENT HOME: Same as "LONG TERM CARE FACILITY" EXTENDED CARE FACILITY: Same as "LONG TERM CARE FACILITY" INDEPENDENT LIVING RESIDENCE: A dwelling that provides accommodations in dwelling units for elderly -r persons These residences may include common areas, a common dining facility and space for the provision of social , psychological , and educational programs. See Subsection 5 . 6 . 1 . INTERMEDIATE CARE FACILITY: Same as "LONG TERM CARE FACILITY" LONG-TERM CARE FACILITY: An institution or distinct part of an institution which is licensed by the Massachusetts Department of Public Health to provide 24-hour care under medical supervision to individuals who, by reason of advanced age, chronic illness , or infirmity, are unable to care for themselves. See Subsection 5 . 6 . 1 . and by inserting the following terms in the proper alphabetical sequence: ASSISTED LIVING RESIDENCE: see "LIVING FACILITIES FOR SENIORS" CMR: Code of Massachusetts Regulations - Regulations promulgated by agencies of the Commonwealth of Massachusetts MGL. : Massachusetts General Laws NURSING HOME: Same as "LONG TERM CARE FACILITY" REST HOME: Same as "LONG TERM CARE FACILITY" SENIOR CITIZEN: Same as "ELDERLY" SKILLED NURSING FACILITY: Same as "LONG TERM CARE FACILITY" B. In Section 5 , Supplementary Use Regulation, Residential Uses, by renumbering the existing Subsections 5 . 6 and 5 . 7 and all cross references thereto to be 5 . 7 and 5 . 8 respectively, and by adding a new Subsection 5 . 6 , as follows: 200 (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 10, 1996 ) "5 . 6 LIVING FACILITIES FOR SENIORS 5 . 6 . 1 Types and Characteristics of Living Facilities r-- for Seniors: a. Assisted Living Residence: Assisted Living Residences are for frail elders who do not require 24 hour skilled nursing care. Assisted Living Residences provide only single or double Assisted Living Units. The operator of an Assisted Living Facility may also provide optional services on the site, including but not limited to: local transportation; barber/beauty services, _sundries for personal consumption and other amenities. b. Assisted Living Unit: One or more rooms in an Assisted Living Residence designed for and occupied by one or two individuals per bedroom as the private living quarters of such individuals. c. Congregate Living Facility: Each resident in a Congregate Living Facility has his/her own bedroom and may have a separate living room, kitchen, dining area, or bathroom, and may share dining, leisure, and other service facilities in common with other older persons, such as in a common dining facility. d. Continuing Care Retirement Community: Continuing Care Retirement Communities may include various types of living facilities for seniors within which residents can stay as their service and health care needs change. e. Independent Living Residence: In addition to separate dwelling units for elderly persons, an Independent Living Residence may include common areas and the provision of meals and social , psychological , and educational programs. f. Long-term Care Facility: Long Term Care Facilities provide assistance with Activities of Daily Living as defined by 651 CMR 12 . 02 , as well as skilled nursing and medical care by a skilled nursing staff. " C. In Subparagraph 11 . 3 . 1 1 ) e. by deleting the existing line and by substituting the following: "Congregate Living Facility, Independent Living Residence . 75 for each bedroom" D. In Subparagraph 11 . 3 . 1 1 ) f. by deleting the existing line and by substituting the following: "Assisted living residence, group care facility, long-term care facility .4 per living unit" E. In Subparagraph 9. 2 . 10 EQUIVALENT DENSITY, RESIDENTIAL ACCOMMODATIONS NOT IN DWELLING UNITS, in the last line of the existing sentence by deleting the words "or congregate living facility" after the words "group care facility" and by substituting the following: " , congregate living facility, or assisted living residence" so that the sentence, as amended will read: "1 , 200 square feet of gross floor area in group quarters, a group care facility, congregate living facility, or assisted living residence" 210 (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 10 , 1996 ) F. In Section 4 . 2 , TABLE 1 , PERMITTED USES AND DEVELOPMENT STANDARDS , Line 1 . 186 , by adding " , assisted living residence, independent living residence" so that the line, as amended will read: "Group care facility, congregate living facility, long term care facility, assisted living residence, independent living residence" Mrs . Davison explained that this was a technical amendment. 9 :49 p.m. Ephraim Weiss , P5 , made the following motion: that the words " (as of April 10, 1996 ) " be inserted after the words "MGL Chapter 19D" and after the words "651 CMR12 .02" Following a voice vote at 9 : 52 p.m. , the Moderator declared the amendment -made by Mr. Weiss not adopted. Discussion continued. Following a voice vote at 9 : 54 p.m. , the Moderator declared unanimous adoption of the motion offered by Mrs. Davison. ARTICLE 30 ZONING BY-LAW, FRONTAGE REDUCTION 9 : 54 p.m. John Davies, Planning Board, moved that the report of the committee be accepted and placed on file. Following a voice vote at 9 : 54 p.m. , the Moderator declared the report to have been accepted and placed on file. MOTION: That the Zoning By-Laws of the Town be amended Passed - as set forth in the motion attached to the report of the See p. 212 Planning Board on this article. ARTICLE BRONTAGE REDUCTION, LOTS IN A SMALL SUBDIVISION That the Zoning By-Law be amended as follows : In subsection 7 . 4 . 5 , FRONTAGE REDUCTION, LOTS IN A SMALL SUBDIVISION, : 1 ) in the first line by striking out the word "sixty" and inserting in place thereof the word "fifty" so that the line , as amended, will read: Jo0 reducing the minimum lot frontage to not less than fifty percent of that otherwise required by Table 2 2 ) in subparagraph 1 : in the first line by adding the words "of its approval" after the words " . . . on the basis . . . " so that the line as amended will read "finds, on the basis of its approval of either" and in subparagraph 1 a. : by striking out the words "its approval of" and by inserting the words "a sketch plan or ' so that the subparagraph, as amended, will read: "a. a sketch plan or a preliminary site development plan, as defined in the Development Regulations , that a conventional subdivision could be laid out on the tract , _ _ 211 (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 10 . 1996 ) that complies with all applicable requirements of this By-Law and the Development Regulations; or, " ; 3 ) by adding a new paragraph at the end of subsection 7 .4 . 5 , as follows: "In granting such special permit, the Planning Board may include conditions on the minimum yard setback, and the size and location of dwellings within the subdivision. " ; 4 ) by adding another new paragraph at the end of subsection 7 .4 . 5 , as follows: "In granting such special permit, the Planning Board may also act as the special permit granting authority and grant a special permit to allow a driveway to serve two lots as provided in subparagraph 11 . 8.c. " ; 5 ) in subparagraph 11 . 8 .c. , that deals with the location of driveways, in the second sentence , by striking out the words: " . . . planned residential development . . . " and by inserting in place thereof the word: V/ . . . subdivision . . . " and after the words " . . . special permit with site plan review (SPS ) . . . " by adding the words : " . . . . or a special permit , as provided in subsection 7 . 4 . 5 , Frontage Reduction, Lots in a Small Subdivision . . . . " so that the sentence, as amended, will read: "Where the driveway is located in a subdivision for which a special permit with site plan review ( SPS ) or a special permit , as provided in subsection 7.4 . 5 , Frontage Reduction, Lots in a Small Subdivision, is required and the Planning Board is the SPGA, the Planning Board may grant the special permit for the driveway location. " Mr. Davies offered the following amendment: That the motion be amended in part 3 ) by striking out the word"on" in the first line and by inserting in place thereof the words "that increase" so that the clause as amended will read " . . . the Planning Board may include conditions that increase the minimum yard setback, . . . " and by adding the word "on" between "and" and "the size" There were questions and responses. Following a voice vote at 10 : 09 p.m. , the Moderator declared unanimous adoption of the amendment. L . 212 (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 10, 1996 ) The Moderator called for a standing vote on the motion as amended which was tallied as follows: , Precinct Yes No Abstain 1 13 0 2 15 0 3 12 1 4 15 0 5 18 2 1 6 7 6 7 12 4 8 17 1 • 9 15 0 At large 17 0 Totals 141 14 10: 20 p.m. The Moderator declared passage of the motion as amended. 10: 21 p.m. Leo McSweeney, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Monday, April 22 , 1996 , at 8 :00 p.m. , in Cary Hall . Following a voice vote at 10 : 21 p.m. , the Moderator declared the meeting to be adjourned. A true copy. Attest: �„ v Bernice H. Fallick, Town Clerk 213 ADJOURNED SESSION - 1996 ANNUAL TOWN MEETING APRIL 22 . 1996 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall. A quorum was present . ARTICLE 2 REPORTS 8 : 10 p.m. Chairman of the Board of Selectmen, Leo McSweeney, presented a budget update with reductions in the School , Transportation, Library, and Council on Aging requests. Article 5 requests will significantly effect Free Cash and Article 5 will be taken up out of order as the first article on April 24. 8 : 12 p.m. Paul Hamburger, Long Range Planning Committee , moved that the report of the committee be accepted and placed on file. Following a voice vote at 8 : 12 p.m. , the Moderator declared the report to have been accepted and placed on file. Mr. Hamburger presented the information. 8 : 26 p.m. Karen Dooks, Capital Expenditures Committee , moved that the report of the committee be accepted and placed on file . Following a voice vote at 8 : 26 p.m. , the Moderator declared the report to have been accepted and placed on file. Mrs. Dooks commented. 8 : 34 p.m. Donald Chisholm, Recreation Committee, moved that the report of the committee be accepted and placed on file. Following a voice vote at 8 : 34 p.m. , the Moderator declared the report to have been accepted and placed on file . Mr. Chisholm presented the report. 8 : 41 p.m. Mr. McSweeney moved that Articles 6 , 7 , 8 , 9 , 10 , 11 , 13 , 19, 20 be taken up in that sequence. Adopted Following a voice vote at 8 :41 p.m. , the Moderator declared unanimous adoption of the motion. 4 A ARTICLE 6 PRIOR YEARS ' UNPAID BILLS MOTION: That this article be indefinitely postponed. IPP 8 :41 p.m. Presented by Selectman McSweeney. Following a voice vote at 8 : 41 p.m. , the Moderator declared unanimous adoption of the motion to indefinitely postpone. ARTICLE 7 SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED CAPITAL IMPROVEMENT PROJECTS MOTION: That this article be indefinitely postponed. IPP 8 : 43 p.m. Presented by Selectman McSweeney. Following a voice vote at 8 :43 p.m. , the Moderator declared unanimous adoption of the motion to indefinitely postpone. 214 (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 22 , 1996 ) ARTICLE 8 WATER MAINS MOTION: That the Selectmen be and they hereby are authorized to install new or replacement water mains and line and reline water mains in such accepted or unaccepted streets or other land Adopted 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; to appropriate $280, 000 for such installation and lining and land acquisition; and to raise such amount $280 , 000 be transferred from the Water Enterprise Fund; and to authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid for such water projects. 8 :44 p.m. Presented by Selectman Busa who statedunanimous support of the Board. 8 : 46 p.m. David Miller, Capital Expenditures Committee, stated unanimous approval . 8 :46 p.m. Paul Lapointe, Appropriation Committee, stated unanimous approval . Following a voice vote at 8 :48 p.m. , the Moderator declared unanimous adoption of the motion. 8 :48 p.m. Notice of Reconsideration on Article 8 was served by Karen Dooks. ARTICLE 9 SANITARY SEWERS MOTION: That the Selectmen be and they hereby are authorized 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 Adopted the Acts of 1897 , and acts in addition thereto and amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; to appropriate for such installation and land acquisition the sum of $560 , 000 and to raise such amount $560 , 000 - • be transferred from the Sewer Enterprise Fund; and to authorize the Selectmen to apply for, accept , expend and borrow in anticipation of federal and state aid for such sewer projects. 8 : 49 p.m. Presented by Selectman Busa. 8 : 51 p.m. David Miller, Capital Expenditures Committee , stated unr.ni mous suppoi t . 8 : 52 p.m. Pail. Lapointe, Appropriation Committee , stated unanimous support. Following a voice vote at 8 : 53 p.m. , the Moderator declared adoption of the motion. ) 215 (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 22 . 1996 ) 8 : 55 p.m. Notice of Reconsideration on Article 9 was served by Karen Dooks. ARTICLE 10 STREET RELATED IMPROVEMENTS MOTION: That the Treasurer with the approval of the Selectmen be authorized to issue Highway Reimbursement Notes of the Town under G.L. c.44, sec. 6 , as amended, in anticipation of reimbursement by the Commonwealth for highway Adopted reconstruction and improvements, including the construction of a fuel depot, under the authority of Chapter 90 of the General Laws as funded, and that notes issued for a shorter period than two years may be refunded by the issue of new notes maturing within two years from the date of the original obligation, and that the Selectmen are authorized to accept highway funds from all sources including the $400 , 000 allocated under Chapter 85 of the Acts of 1994 which are hereby appropriated for such highway purposes. 8 : 54 p.m. Presented by Selectman Fenn who indicated unanimous support of the Board. 9 : 03 p.m. David Miller, Capital Expenditures Committee, stated unanimous approval . 9 : 04 p.m. Paul Lapointe, Appropriation Committee, stated endorsement. George Woodbury, DPW, responded to questions. Following a voice vote at 9: 17 p.m. , the Moderator declared adoption of the motion. 9 : 17 p.m. Notice of Reconsideration on Article 10 was served by Karen Dooks . ARTICLE 11 PUBLIC WORKS EQUIPMENT MOTION: That the sum of $105 ,000 be appropriated for the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works; and that to meet the Adopted appropriation $45 , 000 shall be transferred from the Water Enterprise Fund, $45 , 000 shall be transferred from the Sewer Enterprise Fund , and $15 , 000 shall be transferred from the Recreation Enterprise Fund. 9 : 18 p.m. Presented by Selectman Fenn who stated that the amount was not sufficient for vehicle replacement but stated unanimous Board support for the motion. 9 : 25 p.m. David Miller, Capital Expenditures Committee , stated support. 9 : 26 p.m. Paul Lapointe , Appropriation Committee, stated support. Following a voice vote at 9 : 32 p.m. , the Moderator declared adoption of the motion. 216 (ADJOURNED SESSION. A.T.M. , CONT. - APRIL 22 , 1996 ) 9 : 32 p.m. Notice of Reconsideration on Article 11 was served by Karen Dooks . ARTICLE 13 PHASE II - I & I PROGRAM MOTION: That the sum of $600 , 000 be appropriated to remove infiltration of ground water from the sewer system; that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $600 , 000 under G. L. c.44 , §7 ; and that the Treasurer Adopted with the approval of the Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts Water Resources Authority ( "MWRA" ) and in connection therewith to enter into a loan agreement and/or security agreement with the MWRA with respect to such loan. 9 : 33 p.m. Presented by Selectman McSweeney who stated unanimous support of the Board. 9 : 36 p.m. David Miller, Capital Expenditures Committee , recommended adoption. 9 : 37 p.m. Paul Lapointe , Appropriation Committee, stated 71 endorsement . Following a voice vote at 9: 45 p.m. , the Moderator declared unanimous adoption of the motion. 9 :45 p.m. Notice of Reconsideration on Article 13 was served by Karen Dooks . ARTICLE 19 PINE MEADOWS GOLF COURSE IMPROVEMENTS MOTION: That the sum of $150 ,000 be appropriated to make improvements in the Pine Meadows Golf Course as determined by the Recreation Committee with the approval of the Board of Adopted - Selectmen, and to raise such amount $150 , 000 See p 217 be transferred from the Recreation Enterprise . Fund . 9 : 45 p.m. Presented by Paul Keane, Recreation Committee . Frederick DeAngelis outlined the improvements. 9 : 52 p.m. Leo McSweeney indicated unanimous approval of the Board of Selectmen. 9 : 52 p.m. Nicholas Cannalonga indicated unanimous approval of the Capital Expenditures Committee. 9 : 53 p.m. Paul Lapointe stated the endorsement of the Appropriations Committee. Following a voice vote at 10 : 08 p.m. which was in doubt, the Moderator called for a standing vote which was tallied as follows: 217 (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 22 . 1996 ) Precinct Yes No Abstain [I 1 7 11 2 9 8 - 3 7 11 4 13 3 5 8 9 6 5 8 7 7 9 8 10 8 9 6 12 At large 15 3 Totals 87 82 10 : 12 p.m. The Moderator declared adoption of the motion. 10 : 12 p.m. Notice of Reconsideration on Article 19 was served by Karen Dooks. ARTICLE 20 PLAYGROUNDS AND BALL FIELDS IMPROVEMENTS MOTION: That the sum of $50 , 000 be appropriated to make improvements at selected playgrounds and ball fields as determined by the Recreation _._ Committee with the approval of the Board of Adopted Selectmen, and to raise such amount $50, 000 be transferred from the Recreation Enterprise Fund. 10 : 16 p.m. Presented by Paul Keane, Recreation Committee . 10: 16 p.m. Leo McSweeney indicated unanimous approval of the Board of Selectmen. 10 : 16 p.m. Nicholas Cannalonga indicated unanimous approval of the Capital Expenditures Committee. 10 : 17 p.m. Paul Lapointe stated the unanimous approval of the Appropriations Committee. 10 : 30 p.m. Jonathan Lederman, P7 , called the question. Following a voice vote at 10:30 p.m. as to whether the question should be put, the Moderator declared the motion offered by Mr. Keane to be before the meeting. Following a voice vote at 10 : 31 p.m. , the Moderator declared adoption of the motion offered by Mr. Keane. 10 : 31 p.m. Notice of Reconsideration on Article 20 was served by Karen Dooks. 10 : 32 p.m. Leo McSweeney, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday, April 24 , 1996, at 8 :00 p.m. , in Cary Hall . Following a voice vote at 10 : 32 p.m. , the Moderator declared the meeting to be adjourned. A true copy. Attest : - Bernice H. Fallick, Town Clerk 218 ADJOURNED SESSION - 1996 ANNUAL TOWN MEETING APRIL 24. 1996 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall. A quorum was present. 8 : 10 p.m. Representative Jay Kaufman introduced the National Merit Finalists from Lexington High School . 8: 16 p.m. Nyles Barnert lauded outstanding Minuteman Tech student Peter Saradjian. 8 : 17 p.m. The Moderator outlined the schedule and rules for debate , alerting the Meeting to her intent to declare a formal recess during Article 5 . ARTICLE 2 REPORTS 8 : 22 p.m. Frederick Merrill , Planning Board, noted the handout of the new report on Article 29 . 8 : 23 p.m. Joseph Dini, School Committee, spoke on amending' upward the 1100 line item at the time of the Article. 8 : 25 p.m. Leo McSweeney, Board of Selectmen, moved that the report of the Town Manager be accepted and placed on file . Following a voice vote at 8: 25 p.m. , the Moderator - 1 declared the report to have been accepted and placed on file. Town Manager Richard White presented his report. 8 : 45 p.m. Paul Lapointe, Appropriation Committee, moved that the report of the committee be accepted and placed on file. Following a voice vote at 8 :46 p.m. , the Moderator declared the report to have been accepted and placed on file. Mr. Lapointe commented on the fiscal decisions to be made, stating the cumulative gap for FY 97-20001 to be 20. 7 million, and that decisions made this year flow through to succeeding years. 9 : 15 p.m. Leo McSweeney, Board of Selectmen, moved that Article 5 be taken up at this time. Following a voice vote at 9: 15 p.m. , the Moderator declared unanimous adoption of the motion. ARTICLE 5 SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (FY96 ) MOTION: That the following sums be appropriated to the following line items of the current fiscal year' s budget: $600,000 to Line Item 3000 DPW Expenses $456 ,000 to Line Item 1100 Lexington Public Schools $9, 900 to Line Item 6100 Council on Aging Expenses $4 , 500 to Line Item 5300 Public Celebrations and that such amounts be transferred from the Unreserved Fund Balance. 62 i9t Mat (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 24 . 1996 ) 9 : 15 p.m. Presented by Selectman McSweeney. 9: 21 p.m. Joseph Dini , School Committee, explained the school item. 9: 26 p.m. Paul Lapointe, Appropriation Committee, stated a 5-2 vote on the first School item for $250 , 000 ; 7-0 vote on the DPW for $300, 000 ; 7-0 vote on the $9 , 900; 4- 3 vote on the $4 , 500 ; 6-0 , 1 abstaining, not to fund the School 3 for 1 . He discussed the need for policy and process. 9 : 30 p.m. The Moderator declared a formal recess for the purpose of discussing fiscal policy. 10 : 55 p.m. The Moderator called the Meeting back to order. 10 : 55 p.m. Leo McSweeney, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Monday, April 29 , 1996 , at 8: 00 p.m. , in Cary Hall. Following a voice vote at 10 : 55 p.m. , the Moderator declared the meeting to be adjourned. A true copy. - Attest: Bernice H. Fallick, Town Clerk Lao ADJOURNED SESSION - 1996 ANNUAL TOWN MEETING APRIL 29. 1996 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall . A quorum was present. Selectman McSweeney urged all to attend LexFest on May 4 . ARTICLE 5 SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (FY96 ) MOTION: That the following sums be appropriated to the following line items of the current fiscal year' s budget: $600 , 000 to Line Item 3000 DPW Expenses Adopted $456 , 000 to Line Item 1100 Lexington Public Schools as amended $9 , 900 to Line Item 6100 Council on Aging See p. 221 Expenses $4 , 500 to Line Item 5300 Public Celebrations and that such amounts be transferred from the Unreserved Fund Balance. 8 : 11 p.m. The Moderator read the following: $600 , 000 to Line Item 3000 DPW Expenses 8 : 12 p.m. Paul Lapointe , Appropriation Committee , made ^l the following motion: that Line item 3000 DPW Expenses be reduced from $600 , 00 to $300 ,000 8: 14 p.m. Selectman Dailey stated that the Board of Selectmen was unanimously opposed as next year will be worse. This money has already been spent. Following a voice vote at 8 : 26 p.m. , the Moderator declared the motion offered by Mr. Lapointe to reduce Line item 3000 DPW expenses not to have passed. 8 : 26 p.m. Susan Peltz , School Committee, spoke on Line item 1100 Lexington Public Schools. 8 : 32 p.m. Paul Lapointe , Appropriation Committee, made the following motion: that Line item 1100 Lexington Public Schools be reduced from $456 , 000 to $250 ,000 8 : 33 p.m. Selectman Dailey stated opposition to the motion made by Mr. Lapointe. There was further discussion. 8 : 48 p.m. Ephraim Weiss, P5 , moved for a half-hour recess. Following a voice vote at 8 :48 p.m. , the Moderator declared the motion not to have passed. Following a voice vote at 8 : 54 p.m. , the Moderator declared the motion offered by Mr. Lapointe to reduce Line item 1100 Lexington Public Schools not to have passed. 8 : 55 p.m. Susan Peltz , School Committee, made the following motion: 221 (ADJOURNED SESSION. A.T.M. . CONT. - APRIL 29 , 1996 ) that the School Committee portion of Article 5 be amended by changing the figure $456 ,000 to $288, 000. ( 8 : 55 p.m. Selectman Dailey stated that the Board of Selectmen did not want this in the School Budget. 9 : 00 p.m. Mr. Lapointe stated Appropriation Committee opposition. Following a voice vote at 9 :06 p.m. , the Moderator declared the motion made by Mrs. Peltz to have been adopted. Following a voice vote at 9 :09 p.m. , the Moderator declared unanimous adoption of the motion as amended. ADOPTED MOTION: That the following sums be appropriated to the following line items of the current fiscal year' s budget: $600 , 000 to Line Item 3000 DPW Expenses $288 , 000 to Line Item 1100 Lexington Public Schools $9 , 900 to Line Item 6100 Council on Aging Expenses $4 , 500 to Line Item 5300 Public Celebrations and that such amounts be transferred from the Unreserved Fund Balance. 9 : 10 p.m. Notice of Reconsideration on Article 5 was served by Paul Lapointe. ARTICLE 4 OPERATING BUDGET MOTION: That the following amounts be appropriated for the ensuing fiscal year and be raised in the Adopted tax levy except where a transfer is indicated as amended they shall be provided by such a transfer. See p. 232 9 : 09 p.m. Presented by Selectman McSweeney. 9 : 10 p.m. Mr. Lapointe gave the latest report for the Appropriation Committee. 9: 22 p.m. The Moderator read the following: Education x-- 1100 Lexington Public Schools $39 , 756 , 213 (And further that the School Department is authorized to enter into equipment lease/purchase agreements from time to time provided that each such agreement is subject to annual appropriations. ) 9 : 24 p.m. Mrs . Peltz commented for the School Committee. 9: 29 p.m. Dr. Young continued. 9 : 54 p.m. The Moderator declared a recess to allow the Appropriation Committee to caucus. 10 : 16 p.m. The Moderator called the Meeting to order. 222 (ADJOURNED SESSION, A.T.M. . CONT. - APRIL 29 , 1996 ) 10 : 16 p.m. Mr. Dailey commented for the Board of Selectmen. 10 : 21 p.m. Mary Neumeier, School Committee, made the following motion: that line item 1100 be amended by replacing the sum $39 , 756 , 213 with $39 , 921 , 213 . 10 : 21 p.m. Mr. Lapointe stated that the Appropriation Committee would not oppose the motion. Following a voice vote at 10 : 21 p.m. , the Moderator declared unanimous passage of the motion made by Mrs. Neumeier. 10 : 21 p.m. Leo McSweeney, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday, May 1 , 1996 , at 8: 00 p.m. , in Cary Hall . Following a voice vote at 10 : 21 p.m. , the Moderator declared the meeting to be adjourned. A true copy. 401 Attest : Bernice H. Fallick, Town Clerk - - - _ 223 ADJOURNED SESSION - 1996 ANNUAL TOWN MEETING MAY 1 , 1996 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall . A quorum was present. ARTICLE 2 REPORTS 8 : 09 p.m. Town Manager Richard White stated that the budget was out of balance and proffered several solutions which the Board of Selectmen were considering. 8 : 11 p.m. Nyles Barnert reported for Minuteman School . ARTICLE 4 OPERATING BUDGET - 8 : 16 p.m. The Moderator continued the reading of Article 4 : 1200 Minuteman Regional School 432 , 919 8 : 17 p.m. Nyles Barnert presented information. 8 : 29 p.m. Paul Lapointe, Appropriation Committee , made the following motion: that Line Item 1200 Minuteman Regional School be amended from $432 , 919 to $424 , 087 , a reduction of $8 , 832 . x-- 8 : 42 p.m. Selectman McSweeney stated unanimous Board opposition to the amendment. 8 : 47 p.m. Superintendent Fitzgerald presented details for Minuteman. There was continued discussion and questions. Following a voice vote at 9 : 00 p.m. , the Moderator declared passage of the amendment. Sufficient members stood to doubt the vote. The Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 11 5 2 10 7 3 9 7 4 11 4 5 11 9 6 13 5 7 11 5 8 6 10 9 10 3 At large 12 7 Totals 104 62 9 : 03 p.m. The Moderator declared the adoption of the amendment. ( Line Item 1200 Minuteman Regional School $424 ,087 ) 1200 Minuteman Regional School - Lexington Middle School Technical Literacy Program 48 , 328 224 (ADJOURNED SESSION. A.T.M. . CONT. - MAY 1 . 19% ) 9 : 04 p.m. Nyles Barnert presented information. 9 : 05 p.m. Paul Lapointe , Appropriation Committee , stated support , as did Dr. Young for the Lexington Public —1 Schools. 9 : 08 p.m. Selectman McSweeney moved that line items 5400 , 6100 , 5100 be brought up at this time. The Moderator read the following: 5400 Transportation Personal Services 0 5400 Transportation Expenses 64 , 595 9 : 10 p.m. Mr. Lapointe stated that the Appropriation Committee unanimously opposed the position of the Board of Selectmen on these articles. Mr. Lapointe made the following motion: that Line Item 5400 Transportation Personal Services be amended from $0 to $50 , 137 , an increase of $50 , 137 , and Line Item 5400 Transportation Expenses be amended from $64 , 595 to $179 , 458 , an increase of $114 , 863 , thus increasing these line items by $165 , 000 to restore the Lexpress service. 9 : 13 p. m. Sara Arnold, Transportation Committee , presented information. 9 : 18 p.m. Selectman Dailey stated the majority of the Board were not in favor of restoring Lexpress . Discussion continued with Selectmen Eddison and Fenn declaring support of Lexpress . 9 : 39 p.m. Richard Canale stated support of the Planning Board for the amendment. Following a voice vote at 9 : 41 p.m. , the Moderator declared the adoption of the amendment and restoration of Lexpress . 9 :42 p.m. The Moderator read the following : 6100 Council on Aging Personal Services 155 , 012 (Of which $16 , 513 is to be transferred from the Recreation Enterprise Fund. ) 6100 Council on Aging Expenses 131 , 032 9 : 43 p.m. Clark Cowen, Chairman of the Council on Aging, reported . 9 :46 p.m. Paul Lapointe , Appropriation Committee , made the following motion: Line Item 6100 Council on Aging Expenses be amended from $131 , 032 to $167 , 032 , an increase of $36 , 000 , to support a satellite senior day care center. 9 : 47 p.m. Selectman Dailey stated Board opposition. 10 : 02 p.m. Jonathan Lederman, P7 , moved the question. 225 (ADJOURNED SESSION, A.T.M. , CONT. - MAY 1 , 19951 Following a voice vote as to whether the question should be put , the Moderator declared the amendment offered by Mr. Lapointe to be before the Meeting. Following a voice vote at 10: 02 p.m. , the Moderator declared the adoption of the motion. ( Line Item 6100 Council on Aging Expenses $167 ,032 ) The Moderator read: 5100 Library Personal Services 1,053,458 Expenses 214,515 10 : 04 p.m. Mr. Lapointe, Appropriation Committee , made the following motion: Line Item 5100 Library Personal Services be amended from $1 , 053 ,458 to $1 ,088 , 559 , an increase of $35 , 101 , and further Line Item 5100 Library Expenses from $214 , 515 to $228 , 414 , an increase of $13 , 899, thus increasing these line items by $49 ,000 to restore the East Lexington Branch library. 10 : 10 p.m. Selectman Dailey stated unanimous Board opposition against the motion. Following a voice vote at 10 : 35 p.m. , the Moderator declared the adoption of the amendment. (Line Item 5100 Library Personal Services $1 , 088 , 559 Line Item 5100 Library Expenses $228, 414 ) The Moderator resumed the reading of Article 4 : Employee Benefits 2110 Contributory Retirement 3 , 125 , 709 (Of which $65 , 762 is to be transferred from the Water Enterprise Fund and $16 , 441 is to be transferred from the Sewer Enterprise Fund. ) 2120 Non-Contributory Retirement 189 , 736 2130 Insurance 561 ,060 (Of which $54 , 400 is to be transferred from the Water Enterprise Fund and $13 , 600 is to be transferred from the Sewer Enterprise Fund. ) (and further that amounts appropriated in this article for employee health and life insurance shall be transferred to this account to fund cost items ( a) included in collective r--- bargaining agreements reached between the Town and employee organizations and (b) resulting from such agreements as they bear on the Town employee compensation plan. ) 2140 Unemployment Benefits 65 , 000 2150 Police/Fire Medical 35 , 430 Debt Service 2210 Payment on Funded Debt 2 , 294 , 750 2220 Interest on Funded Debt 474 , 033 2230 Temporary Borrowing 75 , 000 2240 Exempt Debt 1 , 174 , 088 Operating Articles 226 (ADJOURNED SESSION. A.T.M. , CONT. - MAY 1 . 1996) 2310 Reserve Fund 250 , 000 10 :41 p.m. Paul Lapointe, Appropriation Committee, made �, { the following motion: that Line Item 2310 Reserve Fund be amended from $250,000 to $150 ,000, a decrease of $100 ,000. 10 : 45 p.m. Selectman Dailey stated unanimous opposition to the amendment. Following a voice vote at 10: 58 p.m. , the Moderator declared the amendment to have passed. - Richard Eurich,P3 , stood to question the call . An insufficient number of members indicated agreement and the Moderator stated that the call stood. The Moderator continued the reading of Article 4 : 2320 Municipal Salary Adjustments 356 , 069 (Of which $19 , 204 is to be transferred from the Water Enterprise Fund, $8 , 532 is to be transferred from the Sewer Enterprise Fund and $12 , 213 is to be transferred from the Recreation Enterprise Fund. ) 11 : 01 p.m. Leo McSweeney, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Monday, May 6 , 1996 , at 8 :00 p.m. , in Cary Hall . Following a voice vote at 11 : 01 p.m. , the Moderator declared the meeting to be adjourned. A true copy. Attest: Bernice H. Fallick, Town Clerk 227 ADJOURNED SESSION - 1996 ANNUAL TOWN MEETING MAY 6. 1996 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall . A quorum was present. ARTICLE 2 REPORTS 8 : 15 p.m. The Town Manager reported on the armed robbery incident of the previous night and the importance of the police dispatch center and praising them for their performance. 8 : 17 p.m. Selectman McSweeney reported for the Board of Selectmen, indicating the intent to initiate street light reduction. ARTICLE 4 OPERATING BUDGET 8 : 22 The Moderator continued the reading of the budget: Organizational Expenses 2410 Municipal Services & Expenses Personal Services 76 ,435 2410 Municipal Services & Expenses 104 , 271 8 : 27 p.m. Richard Howe made the following motion: that Item 2410 Municipal Services and Expenses � be amended by replacing the sum $104 , 271 with the sum $74 , 271 . 8 : 32 p.m. Paul Lapointe , Appropriation Committee, stated opposition. Following a voice vote at 8 : 33 p.m. , the Moderator declared the amendment not adopted. Mr. Howe and sufficient additional members stood to call for a standing vote . The Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 9 7 2 6 7 3 6 6 4 3 12 5 9 7 6 9 5 7 8 6 8 5 11 r-- 9 2 12 At large 5 16 Totals 62 89 8: 36 p.m. The Moderator declared the motion offered by Mr. Howe not adopted. 2420 Municipal Network Expenses 11 ,400 223 (ADJOURNED SESSION. A.T.M. . CONT. - MAY 6 . 1996 ) Community Services 3000 DPW Personal Services 3 , 025 , 111 (Of which $260, 781 is to be transferred from the Water Enterprise Fund, $65 , 195 is to be transferred from the Sewer Enterprise Fund, $66 , 995 is to be transferred from the Parking Meter Fund , $100 , 000 is to be transferred from the Cemetery Trust Funds and $218 , 597 is to be transferred from the Recreation Enterprise Fund. ) 8 : 56 p.m. Richard Michelson, P8 , made the following motion: transfer Parking Meter Funds be reduced from $66 , 995 to $46 , 995 There was discussion as to legality of use of parking meter funds. 9 : 05 p.m. Paul Lapointe , Appropriation Committee , stated opposition to the amendment . Following a voice vote at 9: 05 p.m. , the Moderator declared the motion offered by Mr. Michelson not adopted. The Moderator continued: 3000 DPW General Expenses 4 , 006 , 213 (Of which $196 , 150 is to be transferred from the Water Enterprise Fund, $49 ,037 is to be transferred from the Sewer Enterprise Fund, $451 , 200 is to be transferred from the Recreation Enterprise Fund and $104 , 750 is to be transferred from the Parking Meter Fund; and provided further that the Town Manager may enter into an agreement or agreements with one or more governmental units to perform jointly with such units any service , activity or undertaking authorized by law. ) (And further that the Town Manager is authorized to enter into equipment lease/purchase agreements from time to time provided that each such agreement is subject to annual appropriations . ) (And in addition that $70 , 000 of expenses for the sale of burial containers and biodegradable bags be funded by the receipt of $70 , 000 in anticipated revenues . ) 9 : 19 p.m. Paul Lapointe, Appropriation Committee, stated support . There was discussion as to the shutting down of streetlighting throughout town in order to accomplish the amount on the line item. 229 (ADJOURNED SESSION. A.T.M. . CONT. - MAY 6. 1996 ) 3600 Water Department 3 , 624 , 029 r-. (And that to raise such amount $3 , 624 , 029 be transferred from the Water Enterprise Fund. ) 3700 Sewer Department 5 , 913 , 372 (And that to raise such amount $5 , 913 , 372 be transferred from the Sewer Enterprise Fund.) 9 : 31 p.m. Priscilla Diamond, P6 , made the following motion: that Item 3700 Sewer Department be amended to read: $6 ,013 , 372 (And that to raise such amount $6 ,013 , 372 be transferred from the Sewer Enterprise Fund. ) 9 : 32 p.m. The Moderator declared a recess in order that the Appropriation Committee vote on the motion. 9 : 38 p.m. The Moderator called the Meeting back to order. 9 : 38 p.m. Paul Lapointe , Appropriation Committee, stated majority opposition. 9 : 42 p.m. William Dailey, Board of Selectmen, stated tom__ unanimous opposition. Following a voice vote at 9 : 55 p.m. , the Moderator declared the amendment not adopted. The Moderator continued: Public Safety 4110 Combined Dispatch Personal Services 309, 351 4110 Combined Dispatch Expenses 15 ,000 4200 Law Enforcement Personal Services 3 , 026 , 273 (Of which $174 , 765 is to be transferred from the Parking Meter Fund. ) (And further that the training fee provided in Section 305 of Chapter 38 of the Acts of 1995 be waived. ) 9 : 57 p.m. Richard Michelson,. P8 , moved to: Reduce transfer from Parking Meter Fund from $174, 765 to $133 , 597 10 : 02 p.m. Paul Lapointe, Appropriation Committee, stated opposition. Following a voice vote at 10 :03 p.m. , the Moderator declared the amendment not adopted. The Moderator continued: 4200 Law Enforcement Expenses 304 , 844 4300 Fire Department Personal Services 2 , 812 , 644 4300 Fire Department Expenses 237 , 553 23® (ADJOURNED SESSION, A.T.M. . CONT. - MAY 6 , 1996 ) Culture and Recreation 5100 Library Personal Services 1 ,088 , 559 5100 Library Expenses enses 228 ,414 5200 Recreation Department 645 ,487 (And to raise such amount $645 , 487 be transferred from the Recreation Enterprise Fund. ) 10 : 14 p.m. Susan Cusack made the following motion: that Item 5200 Recreation Department be amended to read: $695 , 487 (And to raise such amount $695 , 487 be transferred from the Recreation Enterprise Fund. ) 10 : 16 p.m. Paul Lapointe , Appropriation Committee , stated majority opposition. 10 : 16 p.m. Donald Chisholm, Recreation Committee, stated opposition to the amendment. 10 : 21 p.m. Leo McSweeney, Board of Selectmen, stated unanimous opposition. Following a voice vote at 10 : 28 p.m. , the Moderator declared the amendment not adopted. Dawn McKenna and sufficient other members stood to doubt the vote. The Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 7 6 2 7 7 3 6 8 4 8 7 5 10 7 6 13 1 7 6 9 8 6 10 9 10 8 At large 8 12 Totals 81 75 10 : 31 p.m. The Moderator stated that the amendment offered by Mrs . Cusack to be adopted. [ Item 5200 Recreation Department as amended: $695 ,487 (And to raise such amount $695 , 487 be transferred from the Recreation Enterprise Fund. ) ] 5300 Public Celebrations 15 , 500 5400 Transportation Personal Services 50 , 137 5400 Transportation Expenses 179 , 458 (Of which $80 , 000 is to be transferred from the Parking Meter Fund. ) 231 (ADJOURNED SESSION. A.T.M. . CONT. - MAY 6 , 1996 ) 10 : 32 p.m. Richard Michelson, P8, made the following motion: transfer of $80 ,000 from Parking Meter Fund be removed from the motion Following a voice vote at 10 : 33 p.m. , the Moderator declared the amendment not adopted. Human Services 6100 Council on Aging Personal Services 155 ,012 (Of which $16 , 513 is to be transferred from the Recreation Enterprise Fund. ) 6100 Council on Aging Expenses 167 , 032 6210 Veterans Administration Personal Service26 ,483 6210 Veterans Expenses 29 , 913 6310 Services for Youth 69 , 834 6320 Services to Developmentally Disabled 12 , 800 Inspectional Services/Community Development 7100 Inspectional Services Personal Services437 , 776 7100 Inspectional Services Expenses 53 , 218 7200 Planning Personal Services 134 , 931 7200 Planning Expenses 6 ,614 Executive 8110 Selectmen Personal Services 51 , 765 (Of which $2 , 182 is to be transferred from the Water Enterprise Fund and $546 is to be transferred from the Sewer Enterprise Fund. ) 8110 Selectmen Expenses 77 , 349 8120 Town Manager Personal Services 272 , 283 (Of which $34 ,467 is to be transferred from the Water Enterprise Fund and $8 , 617 is to be transferred from the Sewer Enterprise Fund. ) 8120 Town Manager Expenses 15 , 500 8130 Town Report 6 ,000 LeEislative 8210 Appropriation Committee Expenses 800 8220 Miscellaneous Boards & Committees Expense8 , 500 Finance 8310 Comptroller Personal Services 271 , 550 (Of which $85 ,496 is to be transferred from the Water Enterprise Fund and $21 , 374 is to be transferred from the Sewer Enterprise Fund. ) 8310 Comptroller Expenses 84 , 684 8320 Revenue Personal Services 169 , 562 (Of which $51 , 762 is to be transferred from the Water Enterprise Fund and $12 , 940 is to be transferred from the Sewer Enterprise Fund. ) z. — 232 (ADJOURNED SESSION. A.T.M. , CONT. - MAY 6 . 1996 ) 8320 Revenue Expenses 15 , 300 (And in addition that $7 , 500 of expenses generated from enrollment in the Flexible Spending Plan be funded by the receipt of $7 , 500 in anticipated revenues. ) (And further that the Treasurer and Collector is hereby authorized to enter into compensating balance agreements during fiscal years 1997 , 1998 and 1999 , as permitted by General Laws Chapter 44 , Section 53F. ) 8330 Assessors Personal Services 193 , 777 (Of which $3 , 165 is to be transferred from the Water Enterprise Fund and $791 is to be transferred from the Sewer Enterprise Fund. ) 8330 Assessors Expenses 4 , 000 8340 Data Processing Personal Services 80, 266 (Of which $25 , 970 is to be transferred from the Water Enterprise Fund and $6 , 493 is to be transferred from the Sewer Enterprise fund. ) 8340 Data Processing Expenses 167 , 050 Staff 8410 Legal Fees & Expenses 205 , 000 8420 Town Clerk Personal Services 132 , 999 8420 Town Clerk Expenses 2 , 860 8430 Board of Registrars Personal Services 1 ,825 8430 Board of Registrars Expenses 19 , 875 8440 Elections Personal Services 44 , 237 8440 Elections Expenses 20 , 400 Following a voice vote at 10:42 p.m. , the Moderator declared Article 4 adopted. 10 :42 p.m. Paul Lapointe , Appropriation Committee, served Notice of Reconsideration on Article 4 . 10 : 43 p.m. Leo McSweeney, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday, May 8 , 1996 , at 8 : 00 p.m. , in Cary Hall . Following a voice vote at 10 : 43 p.m. , the Moderator declared the meeting to be addourned. A true copy. L/7(14( Attest : - Bernice H. Fallick, Town Clerk _ _ cZ3.3 ADJOURNED SESSION - 1996 ANNUAL TOWN MEETING MAY 8 , 1996 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall . A quorum was present. F71 The Moderator discussed procedures. ARTICLE 29 8 : 11 p.m. Frederick Merrill , Planning Board, moved that Article 29 be brought up at this tide. Following a voice vote the Moderator declared Article 29 to be before the Meeting . Mr. Merrill moved that the report of the.. Planning Board on Article 29 be accepted and placed on file. Following a voice vote at 8 : 11 p.m. , the Moderator declared the report to have been accepted and placed on file. 8 : 11 p.m. Mr. Merrill moved that the Zoning By-Laws of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article. MOTION: SEEPAGES 234 -- 251 Passed - See below Mr. Merrill and Planning Director Robert Boyer presented information. Discussion continued. 8 : 41 p.m. Joyce Miller, Conservation Commission, stated full support. 9 : 57 p. m. Robert Whitman, P8 , called the question. Following a voice vote as to whether the question should be put , the Moderator declared the motion offered by Mr. Merrill to be before the meeting . The Moderator called for a standing vote which was tallied as follows : Precinct Yes No Abstain 1 8 7 2 13 3 3 10 3 4 15 0 5 10 8 6 7 7 7 15 2 8 14 4 9 13 4 At large 22 0 Totals 127 38 10 : 01 p.m. The Moderator declared passage of Article 29 as offered by Mr. Merrill . 10 : 02 p. m. Notice of Reconsideration on Article 29 was served by James Barry, P1 . L MOT ION ARTICLE 29 COMPREHENSIVE REVISION, SECTION 9, RESIDENTIAL DEVELOPMENT IN SUBDIVISIONS AND RD DISTRICTS That the Zoning By-Law be amended by striking out the existing Section 9.Planned Residential Development, in its entirety and by inserting in place thereof, the following: "SECTION 9. RESIDENTIAL DEVELOPMENTS 9.1 OBJECTIVES AND APPLICABILITY 9.1.1 The provisions of this section are intended to: a. ensure that the development of additional housing does not detract from the livability,scale,character or economic value of existing residential neighborhoods; b. encourage greater diversity of housing opportunities in Lekington to meet the needs of a population which is diversified with respect to number of persons in a household, and income; c. provide greater choice in the type of housing available to correspond to the varying needs of town residents in different stages of their life cycle; d. encourage the development of housing affordable to low-, moderate-and middle-income households; e. provide greater flexibility and design freedom in the development of those tracts of land which lend themselves to planned development; f. promote a high standard in the design of development sites and of individual buildings; g. encourage the preservation of open space for conservation, outdoor recreation, park purposes, or public access to open space, in conjunction with residential development; h. encourage the preservation, and minimum disruption, of the existing natural features of land and to minimize impacts on environmentally sensitive areas; i. preserve, where applicable, historically or architecturally significant buildings or places; j. permit ostensibly different types of structures and residential uses to be combined in a planned interrelationship; k. facilitate a detailed review, by town officials and by the public, of those developments which either: 1) have an impact on public facilities and services and on adjoining land, or 2) are large enough to constitute a self-contained environment; 1. promote the efficient and economical provision of public facilities such as utilities and streets; m. assure that the number of dwelling units allowed will be compatible with surrounding land uses, and that traffic and public services will not be adversely impacted; 91.2 No building permit shall be issued for a dwelling which is part of a development on a tract of three or more dwelling units,or their equivalent in housing accommodations not classified as dwelling units,except in accordance with the provisions of this section. 91.3 In an RO, RS or RT district, a residential development of three or more dwelling units may be: a. a conventional (cony) subdivision, b. cluster (clus) subdivision, with the tract divided into separate lots for dwellings and common open space, or c. a special (spec)residential development in which the tract may be in one ownership or may be divided into separate lots for dwellings and common open space, d. a development with significant public benefit (DSPB). _ P. 2 Article 29235 935 Section 9. Residential Developments 9.14 The procedure for a cluster subdivision or a special residential development or a development with significant public benefit (DSPB) is not intended be used as an alternative to allow the construction of a conventional subdivision that could not otherwise comply with the standards and requirements set forth in this By-Law or in the "Development Regulations". 9.2 SCHEDULE OF PERMTI'[ED BUILDINGS, DENSITY AND DIMENSIONAL STANDARDS (Applicable to the residential development as a whole.) Cony. = conventional subdivision, ZONING DISTRICT Clus. = cluster subdivision Spec. = special residential development DSPB = development with significant public benefit NR = no requirement sf = square feet ft = linear feet RO RS, RT RD Type of Development: Cony. Clus. Cony. Clus. Spec. Spec. DSPB DSPB 9.2.1 Minimum Area of Tract to be Developed NR* 100,000 NR* 50,000 125,000 * No requirement for tract as a whole; sf sf sf individual lots must comply with Table 2; right-of-way must comply with Subdivision Regulations 9.2.2 Types of Buildings* Permitted * See definitions in Section 2 a. One-Family Detached Yes Yes Yes Yes Yes b. One-family Attached, *Yes in RT No SP No* SP* Yes c. Accessory Apartment Yes Yes Yes Yes Yes d. Two-family *Yes in RT No SP No* SP* Yes e. Townhouse No SP No SP Yes f. Three-, Four-Family No No** No No** Yes g. Multi-Family No No** No No** Yes h. Rooming House No No** No No** Yes i. Group Quarters No* No*,** No* No*,** Yes *Yes where accessory to a religious or educational use j. Independent Living Residence No No** No No** Yes k. Assisted Living Residence No No** No No** Yes 1. Congregate Living Facility No No** No No** Yes m. Long Term Care Facility No No No No Yes n. Conversion of Municipal Building SPS SPS SPS SPS Yes (See 9.8) ** See also 9.5.6.c. h^ 236 Article 29 3 Section 9. Residential Developments RO RS, RT RD Type of Development: Cony. Clus. Cony. Clus. Spec. Spec. DSPB DSPB •9.2.3 Minimum Frontage of the Tract on 50 ft. 100 ft. 50 ft. 100 ft. 100 ft. An Existing Street 9.2.4 Minimum Yard Setback on Perimeter of Tract a. Front Yard NR* NR* NR* NR* 40 ft b. Side Yard, Rear Yard NR* NR* NR* NR* 30 ft —� *No requirement for development as a whole; individual buildings subject to Table 2 9.2.5 Maximum Impervious Surface Ratio NR* 0.15 NR* 0.20 0.40 (See paragraph 7.9) *No requirement for a conventional subdivision as a whole; see 9.4.4 for individual lots 9.2.6 Minimum Common Open Space(See NR clus. NR clus 10% 9.3.4.) As Percentage of Developable Site 25% 25% Area(See 7.9.1.) * At least 10 percent, but see also spec * spec * paragraph 9.5.7 and 9.6.7. DSPB * DSPB * 9.2.7 Minimum Usable Open Space (See 5,000 sf 5,000 sf 3,500 sf 3,500 sf 1,500 sf 9.3.5.) per Dwelling Unit, or Equivalent 9.2.8 Maximum Height of Dwellings 40 ft 40 ft 40 ft 40 ft 40 ft 9.2.9 EQUIVALENT DENSITY, RESIDENTIAL ACCOMMODATIONS NOT IN DWELLING UNITS —� Where a residential facility is not arranged in dwelling units and individual living units do not have separate kitchen and dining facilities, for the purpose of calculating density and other dimensional standards, the following shall be considered equivalent to one dwelling unit: 1) 1,000 square feet of gross floor area in a long-term care facility 2) 1,200 square feet of gross floor area in group quarters, an assisted living residence facility or a congregate living facility that does not have dwelling units Where a residential facility that is not arranged in dwelling units provides at least one meal a day in a common dining area, served by a central kitchen, to the occupants of the living units, the presence of small cooking equipment for the convenience of occupants of the individual living units will not classify the living unit as a dwelling unit. 237 4 Article 29 Section 9. Residential Developments 9.3 GENERAL PROVISIONS APPLICABLE TO ALL RESIDENTIAL DEVELOPMENTS 9.3.1 COMPLIANCE WITH OTHER RULES AND REGULATIONS The construction of community services, such as utilities, and of streets and interior drives shall comply with the requirements of the Planning Board's"Development Regulations" Nothing contained herein shall exempt a subdivision from complying with the provisions of the "Development Regulations" and of the Subdivision Control Law. ,-- 9.3.2 PARTS OF DWELLING UNITS BELOW GROUND No part of a dwelling unit, an assisted living unit or a rooming unit used for sleeping, cooking, dining or bathroom purposes may be located in a cellar. (See Definition.)A part of a dwelling unit, an assisted living unit or a rooming unit used for such purposes may be located in a basement (See Definition.), provided the vertical height between the horizontal plane of the ceiling and the finished grade of the ground adjoining the dwelling unit is at least six feet for at least two-thirds of the length of the exterior walls of all rooms used for such purposes. 9.3.3 NON-RESIDENTIAL USES In an RD district, the planned residential development may also include commercial uses provided: a. such uses serve primarily the residents of the development, b. such uses are conducted within and may be entered only from within a principal building, c. there is no external evidence of such uses visible beyond the development tract, and d. the appearance and character of the commercial uses are compatible with a residential development. 9.3.4 COMMON OPEN SPACE 9.3.41 PURPOSE Common open space is intended to provide open, natural area on a site for the general use of most, or all, the occupants of a residential development with three or more dwelling units. It is intended to provide for the active and passive recreational use and visual enjoyment of the occupants of a residential development and, in some cases, for residents of the adjacent neighborhood and the public generally. 9.3.4.2 LOCATION, CONDITION Where required or provided, common open space shall be land that: a. may be in one or more parcels of a size and shape appropriate for the intended use; b. meets the requirements for developable site area as that term is defined in paragraph 7.9.1.; and c. all occupants of a development have the right to use. 9.3.4.3 OWNERSHIP Common open space may be conveyed to: 1) and accepted by the Town to ensure its perpetual use as open space, conservation, recreation or park land; or 2) a legal association comprised of the owners of the development, which may include homeowners or owners of condominium or cooperative units; or 3) a non-profit organization the principal purpose of which is the conservation of open space.When such open space is conveyed to persons or entities other than the Town, an easement over such land shall be granted to the Town to ensure its perpetual use as open space, conservation, recreation or park land. T L 238 Article 29 5 Section 9. Residential Developments 9.3 4.4 ACCESSORY PARKING OR STRUCTURES A maximum of 20 percent of common open space may be devoted to parking or structures used for, or accessory to, active outdoor recreation provided such parking or structures are consistent with the open space uses of such land. 9.3.5 USABLE OPEN SPACE 9.3.5.1 PURPOSE Usable open space is intended to provide outdoor space for the recreational and leisure time use of, and in close proximity to, the occupants of dwelling units in a residential development with three or more dwelling units. 9.3.5.2 AMOUNT OF USABLE OPEN SPACE REQUIRED The minimum amount of usable open space provided shall be as set forth in the schedule in subsection 9.2.7. 9.3.5.3 QUALIFYING USABLE OPEN SPACE To qualify as usable open space, an area shall conform to the following standards: a. USABILITY The area must have-a surface that is adequately drained, and permits recreational or leisure time use. Such surface may include any combination of grass,plant materials,wood,or paving materials of a type designed for pedestrian or recreational use. No open space shall be considered usable if: 1) the slope of the finished grade is more than 10 percent, or 2) the land does not meet the requirements for developable site area as that-term is defined in paragraph 7.9.1. b. LOCATION The nearest part of the area shall be not more than 300 feet walking distance from the dwelling unit it serves. Usable open space may be located in an area which: 1) is on a privately owned lot, or a space designated for the exclusive use of one dwelling unit, or 2) qualifies as common open space as provided in paragraph 9.3.4. c. SIZE AND SHAPE It has a minimum horizontal area of 600 square feet and no dimension is less than 20 feet. d. STRUCTURES AND FACILITIES It shall be open to the sky, and may include unroofed facilities such as a tennis court, swimming pool or similar open air recreational facilities. Accessory structures related to such unroofed facilities may be located within the area. e. ACCESS The access to usable open space shall conform to the same standards set forth in a. above, but may have dimensions smaller than those set forth in c. above. If the dimensions of the access are smaller than those required in c. above, the access shall not be counted toward the minimum usable open space required in 9.2.7. 9.3.5.4 RELATIONSHIP BETWEEN USABLE AND COMMON OPEN SPACE Common open space will qualify as usable open space provided it meets the criteria set forth in paragraph 9.3.5.3. Usable open space will qualify as common open space provided it is not on a privately owned lot, or on a space designated for the exclusive use of one dwelling unit. _ j 239 6 Article 29 Section 9. Residential Developments 9.3.6 STREETS, DRIVES 9.3.6.1 OBJECTIVE The objective of this section is that adequate access for fire-fighting,medical and other emergency operations be provided from the public street system to each development with three or more dwelling units. 9.3.6.2 CONNECTION TO PUBLIC STREET SYSTEM Each street (See Definition.) and interior drive(See Definition.),or system of streets or interior drives,within a residential development with three or more dwelling units shall connect to a public street. 9.3.6.3 MEANING OF "DEAD-END" STREET A dead-end street or dead-end interior drive is one which has only one means of entrance and exit to a through public street.. (See Definition of THROUGH STREET.) 9.3.6.4 LENGTH, MEASUREMENT OF DEAD-END STREET • A dead-end street or dead-end interior drive shall not extend more than 650 feet from: a. a through public street, or b. a street or interior drive that intersects with a through public street in at least two places that are not less than 125 feet apart provided such street or interior drive is constructed in accordance with the standards for streets and rights-of-way set forth in the Subdivision Regulations, The length of a dead-end street or dead-end interior drive and the distance between the intersection of streets shall be measured as described further in the Planning Board's Subdivision Regulations. In the case where an existing through street connects to another public street in two places but that public street is itself a dead-end street, the through street shall be considered to be a dead-end street. 9.3.6.5 TWO MEANS OF ACCESS FOR 10 OR MORE DWELLING UNITS Where there are more than 10 dwelling units served by a dead-end street or dead-end interior drive, two means of access connected to the public street system, suitable for fire-fighting,medical and other emergency vehicles, shall be provided to each dwelling unit. One means of access shall be a street or interior drive that complies with the standards for streets and rights-of-way set forth in the Subdivision Regulations. If not another street, the second means of access may be a paved way,subject to the approval of the Fire Chief,that: a. is at least 10 feet wide, and constructed in a manner suitable for fire-fighting equipment, b. has provision for snow removal and other maintenance to assure year round access, and c. may have a gate or other barrier to restrict general motor vehicle traffic provided there is an easy means of opening such gate or barrier for emergency vehicles. 9.3.6.6 MINIMUM YARD FOR STREET OR INTERIOR DRIVE IN RD DISTRICT If a street or interior drive in an RD, Planned Residential District, is located in a minimum yard required by 9.2.4, there shall be a screen of densely planted vegetation and/or an opaque fence adjacent to the lot line, as provided in Section 10 of this By-Law, for such distance as the Planning Board may determine in order to provide protection for abutting residential lots. 9.3.7 ACCESSORY APARTMENT An accessory apartment, as described in subsection 5.2 of this By-Law, may be created in a detached, one-family dwelling in a residential development with three or more dwelling units. In general the provisions of subsections 5.2.1 through 5.2.4 of this By-Law shall apply, with the following exceptions: - I 240 Article 29 7 Section 9. Residential Developments a. the lot area in a conventional subdivision shall be at least the minimum required by Table 2, Schedule of Dimensional Controls, for the zoning district in which the lot is located. (See also paragraph 9.4.3. which requires a greater lot area for larger houses.) The lot area in a cluster subdivision, a special residential development or a development with significant public benefit may be such size as the SPGA may approve; b. the dwelling may be newly constructed and does not need to have been constructed by January 1, 1983; c. the maximum floor area of the accessory apartment shall be: 1) not more than 1,200 square feet, or 2) not more than 30 percent of the living area of the dwelling, whichever is less. d. paragraph 5.2.2.b.2, which prohibits enlargement of existing dwellings, shall not apply. 9.3.8 EQUIVALENT DENSITY The maximum density of a facility permitted by 9.2.2 h, i, k,'1, or m. in which living units or other accommodations are not dwelling units, (See Definition.) shall be determined by paragraph 9.2.9 Equivalent Density. 9.4 CONVENTIONAL SUBDIVISION 9.4.1 MEANING OF "CONVENTIONAL SUBDIVISION" A conventional subdivision is a residential development with three or more dwelling units in which a tract of land is divided into lots for constructing single family detached dwellings. (See also the Definition, Conventional Subdivision.) 9.4.2 DIMENSIONAL STANDARDS A conventional subdivision shall comply with the applicable dimensional standards set forth in subsection 9.2 and elsewhere in Section 9 for the residential development as a whole. Each lot created within a conventional subdivision must comply with the dimensional standards set forth in Table 2 and elsewhere in this By-Law. 9.4.3 ACCESSORY APARTMENT If an accessory apartment is included in a dwelling, as provided in paragraph 9.3.7, and if the dwelling has a gross floor area that is 6,200 square feet or more, the minimum lot area shall be 20,000 square feet in the RS district and 35,000 square feet in the RO district. If the dwelling in which the accessory apartment is included has a gross floor area that is less than 6,200 square feet, the minimum lot area shall be 15,500 square feet in the RS district and 30,000 square feet in the RO district. 9.4.4 ADDITIONAL STANDARDS APPLICABLE TO CONVENTIONAL SUBDIVISIONS In addition to the dimensional standards set forth in subsection 9.2 that apply to a residential development as a whole, the following shall also apply to an individual lot in a conventional subdivision approved after May 4, 1987: RS, RT DISTRICT RO DISTRICT a. Maximum Impervious Surface Ratio 0.20 0.12 and if a dwelling, including any addition thereto,which has a gross floor area of 2500 square feet or more, is erected thereon, it shall have: b. Minimum Side Yard 25 feet 25 feet Minimum Rear Yard 25 feet 25 feet jI 1 III _ 241 8 Article 29 Section 9. Residential Developments (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.) 9.5 CLUSTER SUBDIVISION. SPECIAL RESIDENTIAL DEVELOPMENT 9.5.1 MEANING OF TERMS A"cluster subdivision" is a residential development with three or more dwelling units in which a tract of land is divided into: 1) lots for constructing dwellings in one or more groups and 2) common open space. The common open space may be in one or more locations and may separate groups of dwellings from each other. (See also the Definition, Cluster Subdivision.) A "special residential development" is a residential development with three or more dwelling units in which a tract of land is divided into: 1) one or more lots for constructing dwellings in one or more groups and 2) common open space. A "special residential development" may have one or more lots used for developments in: a. condominium ownership, b. cooperative ownership, or c. one ownership where individual dwelling units are rented. A "special residential development" is intended to provide greater flexibility than a cluster subdivision to respond to special site or development considerations. 9.5.2 OBJECTIVES The objectives of this section are to allow flexibility in the standards and procedures for residential development with three or more dwelling units that are a cluster subdivision or a special residential development to: a. promote development proposals based on an evaluation of the characteristics of individual sites that is difficult to achieve by applying pre-determined, largely geometric standards; b. promote the retention and enhancement of the outstanding natural features of open land and of r existing man made enhancements to it; c. promote an improved design relationship between new buildings and public facilities and common open I _ space; d. permit approval of a development based on an evaluation of the projected impacts of the development. 9.5.3 MAXIMUM DEVELOPMENT BASED ON IMPACT 9.5.3.1 OBJECTIVE The objective of this section, and of section 9.6. Developments with Significant Public Benefit, is to base the amount of development allowed on the projected impacts of the development on the adjacent neighborhood and municipal facilities and services. 9.5.3.2 MAXIMUM DEVELOPMENT BASED ON IMPACT The projected impacts of a cluster subdivision or a special residential development shall not be greater than the total projected impacts of one-family detached dwellings that could be constructed on individual lots in a conventional subdivision on the tract according to the procedure described in this section. The maximum development permitted in a cluster or special residential development may not exceed ANY of the total 17, 242 Article 29 9 Section 9. Residential Developments impacts that are projected to occur from such one-family detached dwellings based on the following impact measures each considered separately: a. Gross Floor Area of Dwelling Units b. Living Area of Dwelling Units c. Site Coverage of Dwelling Units d. Total Number of Occupants of Dwelling Units e. Vehicular Trip Generation from Dwelling Units The maximum development permitted is not to be based on the number of dwelling units. The number of dwelling units permitted is not predetermined; it is the number that occurs in a development when none of the impact measures, each considered separately, exceeds the total impact that is projected to occur in a conventional subdivision on the tract according to the procedure described in this section. 9.5.3.3 NO ENTITLEMENT TO MAXIMUM DEVELOPMENT' An applicant is not entitled to the maximum development described in paragraph 9.5.3.2 nor is the applicant entitled to approval of a cluster subdivision or special residential development. The amount of development permitted, as calculated by any of the impact measures,will be based on the Planning Board's evaluation of the proposed development and the extent to which it complies with the criteria set forth in paragraph 9.5.5. 9.5.4 CALCULATION OF IMPACT OF DEVELOPMENT 9.5.4.1 MEASURES OF THE IMPACT OF DW1LLING UNITS For the purpose of the calculations required elsewhere in this section, the impact of a one-family detached dwelling constructed on a lot in a conventional subdivision is determined to be: a. Gross Floor Area of One-family Dwelling Unit: 7,200 square feet; b. Living Area of One-family Dwelling Unit: 4,700 square feet; c. Site Coverage of One-family Dwelling Unit: 2,900 square feet; d. Total Number of Occupants of One-family Dwelling Unit: 5 persons e. Number of Vehicle Trips Generated by a One-family Dwelling Unit: 15 trips 9.5.4.2 IMPACTS OF OTHER TYPES OF DWELLING UNITS The Planning Board shall periodically publish the projected total number of occupants in, and the number of J motor vehicle trips generated by, other types of dwelling units. Those other types of dwelling units shall include: a. One-family Detached*, b. One-family Attached*, c. Two-family*, and d. Townhouse*. * (See definition in Section 2.) The Planning Board shall periodically tabulate and publish data on such other types of dwelling units: a. that have been constructed in the preceding 10 years, or b. on the 25 most recently constructed dwelling units of that type, whichever results in the greater number of dwelling units in the sample. In estimating the projected total number of occupants in,and the number of vehicular trips generated by,other types of dwelling units, the Planning Board shall consider the size of the dwelling units, the number of bedrooms and other physical and economic characteristics of the dwelling units. In projecting: fir/ 243 10 Article 29 Section 9. Residential Developments a. the total number of occupants in other types of dwellings, the Planning Board shall consider data reported in the Town Census conducted by the Town Clerk in the most recent calendar year; b. the total number of vehicle trips,the Planning Board shall use the estimates of trip generation outlined in paragraph 12.2.4.a, trip generation, of this By-Law. 9.5.4.3 CALCULATION OF MAXIMUM DEVELOPMENT The maximum development permitted in a cluster or special residential development shall be determined by using the following procedure: 7 STEP ONE: 1) calculate the maximum number of dwellings in a conventional subdivision by the following formula: divide the area of the lot by the minimum lot area for the district in which the lot is located (R0--=30,000 s.f., RS and RT=15,500 s.f.) provided any fraction thereof may be included in the calculation; STEP TWO 2) calculate the total gross floor area of all dwellings in a cluster or special residential development by multiplying 7,200 square feet by the maximum number of dwellings in a conventional subdivision in 1) above; 3) calculate the total living area of all dwellings in a cluster or special residential development by multiplying 4,700 square feet by the maximum number of dwellings in a conventional subdivision in 1) above; 4) calculate the total site coverage of all dwellings in a cluster or special residential development by multiplying 2,900 square feet by the maximum number of dwellings in a conventional subdivision in 1) above; STEP THREE 5) calculate the projected total number of occupants of all dwellings in a cluster or special residential development by multiplying five persons by the maximum number of dwellings in a conventional subdivision in 1) above. To determine the projected number of total occupants of"other types of dwelling units"(9.5.4.2), the applicant shall furnish a schedule showing the number of proposed dwelling units, according to: a. the type of structure, b. the number of bedrooms, c. the living area, and d. the projected rent or sales price of each proposed dwelling unit. Based on the data available to it, as described in paragraph 9.5.4.2, the Planning Board shall determine the projected total number of occupants in "other types of dwelling units" referred to in paragraph 9.5.4.2 that corresponds most closely to the schedule furnished by the applicant.The projected total number of occupants shall be the median in the data range. STEP FOUR 6) Calculate the projected total number of vehicle trips generated from all dwellings in a cluster or special residential development by multiplying 15 vehicles times the maximum number of dwellings in a conventional subdivision. (See 1) above.) Based on the schedule furnished by the applicant, described in 5) a. and b. above, and on the data available to it, as described in paragraph 9.5.4.2, the Planning Board shall estimate the total number of vehicle trips generated from the "other types of dwellings" referred to in paragraph 9.5.4.2 that corresponds most closely to the schedule furnished by the applicant. 244 Article 29 11 Section 9. Residential Developments This worksheet is for illustrative purposes only. It is not legally adopted by the Town Meeting as a part of the Zoning Bylaw. WORKSHEET FOR CALCULATION OF PARAGRAPH 9.5.4.3 CALCULATION OF MAXIMUM DEVELOPMENT STEP ONE (1) (2) (3) Area of the lot Divide (1) by mini- mum lot area for the Maximum num- district (RO=30,000 ber of dwellings sf, RS and RT=15,500 in a conventional sf) development STEP TWO Total gross floor area 7,200 square feet X = of all dwellings (3) Square Feet Total living area 4,700 square feet X = of all dwellings (3) Square Feet Total site coverage 2,900 square feet X = of all dwellings (3) Square Feet STEP THREE Projected total num- 5 persons X = ber of occupants of (3) Persons all dwellings STEP FOUR Projected total num- 15 trips X = ber of vehicle trips (3) Vehicular trips r,) generated from all dwellings For assistance in determining the estimated occupancy of other types of housing, contact the Planning Department. 9.5.4.4 EFFECT OF IMPACT MEASURES ON AN APPROVED DEVELOPMENT a. OCCUPANCY AND NUMBER OF MOTOR VEHICLE TRIPS: The calculation of impact measures for occupancy and number of motor vehicle trips is only for the purposes of estimating impacts for approval of a development application. The median of the population and motor vehicle trip generation data series, as described in paragraphs 9.5.4.2 and 9.5.4.3, is determined to be an adequate measure of the impact of a typical dwelling unit. This method of estimating impacts assumes that the actual occupancy, either initially or later, of any one dwelling unit may be higher or lower than the typical dwelling unit used 245 12 Article 29 Section 9. Residential Developments in these calculations.Neither the initial occupancy nor any change in the later occupancy of,or the number of motor vehicle trips generated from, any dwelling unit,shall affect the occupancy or limit the ownership or use of motor vehicles in that dwelling unit. b. GROSS FLOOR AREA,LIVING AREA,SITE COVERAGE:The total gross floor area, living area,site coverage of all dwellings, as determined by the calculation of impact measures in paragraph 9.5 4.3, is the maximum for approved development. After the granting of a special permit approving the development, no building permit shall be issued for any dwelling that would result in the maximum specified in the approval being exceeded. I 9.5.5 CRITERIA FOR APPROVAL Prior to the approval of a cluster subdivision or a special residential development, in addition to the findings and determinations required by paragraph 3.4.2 of this By-Law, the Planning Board shall determine that the proposed development meets the following criteria: a. the common open space includes: 1) some, or all, of the outstanding natural features of the site and of the man made features, such as but not limited to stone walls, that enhance the land form; 2) land that also meets the standards for usable open space; 3) land that increases visual amenities for residents of the development and of the adjacent neighborhood; b. the common open space is readily accessible by one or more paths or entry points specifically designed for access purposes; c. the dwellings are sited and oriented in a complementary relationship to: 1) each other, 2) the common open space, and 3) the adjacent properties. If the development includes other types of dwellings, such as semi- attached dwellings or townhouses, those types of dwellings shall relate to the predominant characteristics of the adjacent one-family detached dwellings with respect to scale,mass,setback, proportions and materials; d. negative visual impacts of the development, if any, are screened from adjacent properties and nearby streets by landscaping or other site planning techniques; e. where opportunities exist, improved access is provided to, or additional links and connections are developed to, a town system of public facilities, such as open space, recreation facilities, footpaths or bicycle paths; f. that any building which contains more than one dwelling unit is designed so that either: 1) the building has the exterior appearance of a one-family dwelling or, 2) alternatively, if one-family attached dwellings and/or townhouses (See 9.2.2b or e. and the definitions of those terms under"Dwelling, Structural Characteristics" in Section 2, Definitions.) are constructed,each individual dwelling unit has direct access to ground level and an opportunity for a private yard, patio, or other private outdoor space; g. there are provisions for common facilities, such as recreation or parking, or for services such as the maintenance of streets, walkways or paths, utilities, landscaping or recreation facilities; h. where there are sufficient dwellings units, the layout of the street(s) and interior drive(s) will accommodate vehicles, other than automobiles, that are used in local transportation services. 246 . Article 29 13 Section 9. Residential Developments 9.5.6 SPECIAL PERMITS, DIMENSIONAL STANDARDS, WAIVERS, TYPES OF HOUSING The Planning Board, acting as SPGA, may, as part of the grant of a special permit with site plan review, also grant a special permit to: a. modify the standards: 1) in Table 2, Schedule of Dimensional Controls, for minimum lot area, minimum lot frontage, minimum front yard, minimum side yard, minimum rear yard, maximum percentage of site coverage, and maximum height in stories; 2) the provisions of 7.1.4 relative to the number of dwellings on a lot; 3) the minimum lot width in subsection 7.2.2; 4) the provisions in subsection 7.2.3 relative to contiguous developable site area; 5) in subparagraph 11.4.1 relative to the location of off-street parking spaces; 6) in subsection 11.6 relative to setbacks required for parking spaces and driveways; and 7) in subparagraph 6.2.5 relative to the subdivision of land in relation to lots or buildings that are nonconforming or would not comply with this By-Law as a result of the proposed development; all as they may apply to individual dwellings or lots within a cluster subdivision or a special residential development: b. permit the types of buildings identified in 9.2.2 as allowed by special permit; c. allow an existing structure, that was constructed at least 10 years prior to the date of application for approval of the special permit, to be converted to a three-, or four-family dwelling, a multi-family dwelling, a rooming house, a group quarters, an independent living residence, an assisted living residence, or a congregate living facility, provided the Planning Board determines that: 1) the structure can be modified for a "residential use that does not have adverse impacts on the adjacent single family neighborhood; 2) the exterior character of the structure is maintained and is compatible with the adjacent neighborhood of single-family dwellings; 3) modification of the existing structure maintains more of the site open than the alternative of removal of the structure and further subdivision of the lot into house lots; d. allow a driveway on one lot to lead to a parking space on another lot, or to allow a driveway to straddle a lot line, as provided in paragraph 11.8.c. 9.5.7 COMMON OPEN SPACE In granting a special permit with site plan review for a special residential development, the Planning Board may require a greater amount of common space than the minimum 10 per cent required by line 9.2.6. In making that determination, the Planning Board shall consider the need to protect the natural features of the site, the type of housing to be constructed and its relationship to common open space, and potential public access to and use of the open space. 9.5.8 ACCESSORY APARTMENT IN CLUSTER SUBDIVISION, SPECIAL RESIDENTIAL DEVELOPMENT If an accessory apartment is included in a dwelling, as provided in paragraph 9.3.7, in a cluster subdivision or special residential development, it shall be considered to be one of the other types of dwelling units and included in the calculation of the maximum development permitted based on the various impact measures. (See subsection 9.5.4.3.) 247 14 Article 29 Section 9. Residential Developments 9.6 DEVELOPMENTS WITH SIGNIFICANT PUBLIC BENEFIT (DSPBI 9.6.1 MEANING OF TERM A development with significant public benefit (DSPB) is a cluster subdivision or a special residential development (See subsection 9.5.) in which the Planning Board has determined that there are sufficient benefits to the adjacent neighborhood and the town generally to warrant an increase in the maximum development permitted. 9.6.2 OBJECTIVES The objectives of this section are to allow additional flexibility in the standards and procedures for approval and to provide incentives for applicants to propose a development with significant public benefit and to: a. encourage the provision of more public facilities and services that benefit the adjacent neighborhood and the town generally; b. encourage types of housing that meet the needs of age groups,income groups,or persons with special needs, that are not adequately served by large single family dwellings; c. encourage a greater degree of review of the design features of a residential development; d. require a higher qualitative standard: 1) of building design, and 2) in the provision of public facilities and the provision of open space; e. further the objectives set forth in paragraph 9.1.1; than would otherwise apply in the administration of zoning and subdivision regulations. 9.6.3 MAXIMUM DEVELOPMENT 9.6.3.1 MAXIMUM DEVELOPMENT INCENTIVE The maximum development permitted in a development with significant public benefit may not exceed that permitted in a cluster or special residential development(See subsection 9.5.4.2.)by more than 25 percent for ANY of the following impact measures each considered separately: a. Gross Floor Area of Dwelling Units b. Living Area of Dwelling Units c. Site Coverage of Dwelling Units d. Total Number of Occupants of Dwelling Units e. Vehicular Trip Generation from Dwelling Units 9.6.3.2 NO ENTITLEMENT TO MAXIMUM DEVELOPMENT INCENTIVE An applicant is not entitled to the maximum development described in paragraph 9.6.3.1. The amount of development permitted, as calculated by any of the impact measures, will be based on the Planning Board's evaluation of the proposed development and the extent to which it complies with the criteria set forth in paragraph 9.6.5. 9.6.4 SIGNIFICANT PUBLIC BENEFIT DEFINED 9.6.41 QUALIFYING SIGNIFICANT PUBLIC BENEFIT A significant public benefit shall be a benefit to the adjacent neighborhood and the town generally as determined by the Planning Board. In general a qualifying public benefit shall be: 1) improvements in the adjacent neighborhood similar to the required improvements on the site—such required improvements being those identified elsewhere in this By-Law or in subsection 3.6 of the ` I - i 248 ' Article 29 15 Section 9. Residential Developments Subdivision Regulations, such as, but not limited to, any facility, infrastructure, or restriction on the development of land in relationship to the development of land and buildings; 2) improvements on the site that are, in the opinion of the Planning Board, well in excess of those otherwise required; 3) restrictions on,or special design or development features of,uses and buildings permitted in the zoning district. A significant public benefit may be one or more of the following as determined by the Planning Board after consultation with the board, committee, commission, department or official indicated and such others as the Planning Board may determine: a. preservation of a historic structure or place —with the Historical Commission and, as applicable, the Historic Districts Commission; ._..r b. protection of open land that is dry and otherwise developable, and potentially an important addition to the inventory of open space in the town —with the Conservation Commission and the Recreation Committee. All of such open land shall be accessible to the public. The type of private homeowners association reserve, allowed in 9.3.4.3 2), from which the public could be excluded, shall not qualify; c. provision of public recreation facilities —with the Recreation Committee; d. installation of paths to provide pedestrian and bicycle access to open space or other public facilities in the adjacent neighborhood—with the Recreation Committee, the Bicycle Advisory Committee and the Conservation Commission; e. installation of street trees or other landscaping features within the right of way of a public street, or a street previously approved under the Subdivision Regulations, —with the Superintendent of Parks and Trees; f. placement underground of electric power lines and communication lines, such as, but not limited to telephone, security alarm and cable TV lines —with the.Town Engineer; g. provision of housing units for low- and moderate-income households — with LEXHAB or the Lexington Housing Authority, and as applicable, the Human Services Committee or the Council on Aging; h. provision of housing units that, upon initial occupancy would cost more than low- and moderate-income households could afford but, due to deed restrictions or other legally binding restrictions: 1) could be afforded by households whose annual income is not greater than the median income for the Boston Metropolitan Area, and 2) are projected to be affordable by low- and moderate-income households within 15 years—with LEXHAB or the Lexington Housing Authority; --� i. provision of housing units that are of a size or type that meet the needs of segments of the town's population that,due to age or special needs, are not adequately served by large single family dwellings — with LEXHAB or the Lexington Housing Authority, and as applicable, the Human Services Committee or the Council on Aging; j. provision of facilities for alternate transportation services that do not rely on the use of single occupant automobiles—with the Transportation Advisory Committee.The alternate transportation services may include a financial contribution to a service provided by the Town of Lexington, or a service provided by others and coordinated by the Town; k. provision of transportation facilities, such as a walk, or path, or traffic engineering improvements — with the Town Engineer, the Transportation Advisory Committee, the Recreation Committee or the Bicycle Advisory Committee; 1. provision of a utility or underground facility, including but not limited to water service, sanitary sewer service, storm water management systems, or the expansion in the capacity of an existing facility or system —with the Town Engineer. 249 16 Article 29 Section 9. Residential Developments 9.6.4.2 IMPROVEMENTS BENEFITTING ADJACENT NEIGHBORHOOD Qualifying improvements shall generally include those that benefit the adjacent neighborhood or are provided on the site. If the Planning Board first determines that the type of improvements listed in 9.6.4.1. are not needed or cannot be provided in the adjacent neighborhood,or on the site, the Planning Board may consider instead a financial contribution to one or more Town funds established for the purposes listed in 9.6.4.1. 9.6.4.3 IMPROVEMENTS NOT QUALIFYING AS SIGNIFICANT PUBLIC BENEFIT A significant public benefit shall not include any required improvement identified elsewhere in this By-Law or in subsection 3.6 of the Subdivision Regulations, such as, but not limited to, any facility, infrastructure, or restriction on the development of land in relationship to the development of land and buildings.A waiver from the requirements of the Subdivision Regulations or of the usual requirements of this By-Law for a conventional subdivision shall not be considered to be a significant public benefit. 9.6.5 CRITERIA FOR APPROVAL • Prior to the approval of a development with a significant public benefit, the Planning Board shall determine, in addition to the findings and determinations required by paragraph 3.4.2 of this By-Law,and paragraph 9.5.5, criteria for approval of a cluster subdivision or a special residential development, that the proposed development meets the following criteria: a. that there are sufficient benefits to the adjacent neighborhood and the town generally to warrant an increase in the maximum development permitted; and b. that legally binding documents have been submitted to ensure the completion and continued availability of any proposed improvement or special condition that qualifies as a significant public benefit. 9.6.6 SPECIAL PERMITS, TYPES OF HOUSING, DIMENSIONAL STANDARDS, WAIVERS The Planning Board, acting as SPGA, and as part of the grant of a special permit with site plan review to approve a development with significant public benefit, may also grant any of the special permits described in subparagraph 9.5.6. 9.6.7 COMMON OPEN SPACE The public shall have access to all common open space in a development with significant public benefit. The L provisions of paragraph 9.3.4.3 2) that allow common open space in a cluster subdivision or a special residential development to be owned by a legal association comprised of the owners of the development,which may exclude the public, shall not apply in a development with significant public benefit. 9 7 SPECIAL PERMITS: PROCEDURES. CRITERIA 9.71 SPS REQUIRED No residential development with three or more dwelling units shall be initiated without first obtaining a special permit with site plan review in accordance with the provisions of this section. The purpose of the special permit with site plan review is to provide detailed review of residential developments with three or more dwelling units which have a substantial impact upon the character of the town, adjacent residential areas and the provision of public facilities and services. 250 Article 29 17 Section 9. Residential Developments 9.7.2 SPGA The Planning Board shall be the Special Permit Granting Authority for all residential development with three or more dwelling units except for a development in an RD district and for the conversion of a municipal building. (See subsection 8.3.4 for a development in an RD district,where the Board of Appeals is the SPGA; see subsection 9.8 for conversion of a municipal building, where the Board of Selectmen is the SPGA.) In acting upon applications for special permits with site plan review, the SPGA shall be governed by the provisions of Sections 3.4 and 3.5. 9.7.3 SPECIAL PERMIT APPLICATION REQUIREMENTS The application to the SPGA for a special permit with site plan review (SPS) under this section shall be accompanied by a definitive site development plan, as described in subsection 3.6 and where the Planning Board is the SPGA, as the Planning Board may describe in its Development Regulations. Where the applicant submits a definitive subdivision plan complying with the Subdivision Control Law and the Planning Board's "Development Regulations", insofar as practical, the public hearing on the application for the special permit with site plan review and the definitive subdivision plan shall be held concurrently. 9.7.4 SPECIAL PERMIT PROVISIONS In addition to the conditions cited in paragraph 3.4.3, the SPGA may grant a special permit with site plan review for the development of a tract of land in a residential district provided it makes a determination that the proposed development is consistent with the standards and criteria set forth in subsection 9.5.5 and 9.6.5, subject to the following provisions: a. the special permit shall incorporate by reference the building design and definitive site development plans filed with the application for a special permit; b. that,where applicable, the special permit shall incorporate by reference, any legally binding document that has been submitted to ensure the completion and continued availability of any proposed improvement or special condition; c. The SPGA may require that the amount of development be less than that shown on the definitive site development plan if it determines that the criteria contained in subsections 9.5.5 or 9.6.5 so require. 9.7.5 DENIAL OF SPECIAL PERMIT The SPGA may deny an application for a special permit with site plan review hereunder and base its denial upon: a. a failure to comply with the provisions set forth in Section 9, or b. a finding that the proposed development would not be consistent with the general objectives for planned residential development set forth in subsection 9.1.1, or the criteria set forth in subsections 9.5.5 or 9.6.5. 9.7.6 REVISION OF SPECIAL PERMIT Subsequent to a special permit with site plan review granted by the SPGA under the provisions of this section, minor revisions may be made from time to time in accordance with applicable law, by-laws, and regulations, but the residential development with three or more dwelling units approved under such SPS shall otherwise be constructed in accordance with the approved definitive site development plan. The developer shall notify the SPGA in advance of any such revision which shall not be effective until approved by vote of the SPGA. If the SPGA determines such revisions not to be minor, it shall order that an application for a revised SPS be filed, and a public hearing be held in the same manner as set forth in Section 3.5. J 18 Article 29251 Section 9. Residential Developments 9.8 CONVERSION OF MUNICIPAL BUILDINGS AND SURPLUS MUNICIPAL LAND 9.8.1 GENERAL OBJECTIVES This section is intended to allow the conversion of municipal buildings and the development of land on which they are situated and of surplus municipal land in a manner which: a. encourages practical residential development in the reuse of existing structures; b. is compatible with the adjacent neighborhood; c. encourages development of economically priced housing and a variety of types of housing; and d. fosters flexibility and creativity in the disposition of surplus municipal property. 9.8.2 MODIFIED RD PROCEDURE The conversion of a municipal building or the development of surplus municipal land shall follow the same procedures for the rezoning of land for the RD,Planned Residential Development, district with the following exceptions: - a. the minimum size of the RD, Planned Residential Development, district and Minimum Area of the Tract to be Developed specified in line 9.2.1 and in Table 2 may be less than 125,000 square feet; and b. the Minimum Frontage of the Tract on An Existing Street specified in line 9.2.3 and in Table 2 may be less than 100 feet. 9.8.3 SPGA The Board of Selectmen shall be the Special Permit Granting Authority." THE FOLLOWING ARE OTHER PARTS OF ARTICLE 29 WHICH AMEND OTHER PARTS OF THE ZONING BY-LAW All cross references in the Zoning By-Law to Section 9 or the terms in it shall be revised to show the correct numerical reference or term. By adding new definitions in Section 2 in the proper alphabetical sequence, as follows: "LEXHAB:Acronym for the Lexington Housing Assistance Board created by Chapter 521 of the Acts of 1983 and appointed by the Board of Selectmen. LIVING AREA OF ONE-FAMILY DWELLING UNIT Total Living Area is the total of all finished area on the first floor and above. Total Living Area does not include any area in a cellar, or basement. (See Definitions.) Space in an attic or a half story (See Definition.) which is finished and is accessed from permanent interior stairs, is included in the calculation of total living area." In Table 1, Permitted Uses and Development Standards, in line 1.18 by striking out the words "planned residential development"wherever it appears and by inserting in place thereof"residential developments with three or more dwelling units" and by striking out subsection "9.2.3" and inserting in place thereof"9.2.2." In paragraph 12.2.4.a. 1) by striking out the word "Third" and inserting in place thereof the word "Fifth" so that the clause, as amended will read: "the 'Trip Generation Manual, Fifth Edition'prepared by the Institute of Transportation Engineers". 252 (ADJOURNED SESSION . A.T.M. . CONT. - MAY 8 , 1996 ) 10 : 02 p. m. Gloria Holland , P3 , moved that Article 32 be brought up at this time. Following a voice vote the Moderator declared Article 32 to be before the Meeting. ARTICLE 32 RO TO CD Waltham Street (Gravestar, Inc. ) That the Zoning By-Law of the Town of Lexington be amended by changing the zoning district designation of the land commonly known as Waltham Plaza from the RO, One Indefinitely Family Dwelling, to the CD, Planned Commercial Postponed Development district , said Property being on the west side of Waltham Street at the boundary of the Town with the City of Waltham. The land to be rezoned consists of an approximately 0 . 8 acres site located in the RO, One Family Dwelling district , and bounded and described as follows : Southeasterly by Walthain' Trust and Waltham Plaza Realty Limited Partnership and Northwesterly and Northeasterly by land now or formerly of Lexington Ridge-Avalon, Inc . , 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 , 1995 by Hancock Survey Associates, Inc. , Danvers, MA. and by a written metes and bounds description, copies of which are on file with the Town Clerk. The land in the RD, Planned Residential District , district shall be subject to the preliminary site development and use plan dated January 16 , 1996 , which has been filed with the Planning Board and the Town Clerk, and in accordance with the provisions of the Zoning By-Law of the Town of Lexington. 10 : 02 p. m. Gloria Holland, P3 , moved Indefinite Postponement . 10 : 03 p.m. Richard Canale, Planning Board, stated that the Board favored postponement. Following a voice vote at 10 : 04 p.m. , the Moderator declared unanimous passage of the motion to indefinitely postpone . 10 : 04 p. m. James Barry, P1 , served Notice of Reconsideration . ARTICLE 12 TOWN BUILDING ENVELOPE PROGRAM MOTION: That the sum of $85 , 000 be appropriated for remodeling, reconstructing and making Adopted - extraordinary repairs to Town buildings , and See below that such amount be raised in the tax levy. 10 : 04 p.m. Presented by Selectman Dailey. 10 : 07 p.m. David Miller, Capital Expenditures , stated approval . 10 : 09 p.m. Paul Lapointe , Appropriations Committee , stated unanimous approval . Following a voice vote at 10 : 11 p.m. , the Moderator declared the adoption of the motion. Notice of Reconsideration on Article 12 was served by 253 (ADJOURNED SESSION, A.T.M. . CONT. - MAY 8, 1996 ) Karen Dooks . r-- 10 : 12 p.m. Dan Fenn, Board of Selectman, moved that Article 16 be brought up at this time. Following a voice vote the Moderator declared Article 16 to be before the �._ Meeting. ARTICLE 16 COUNCIL ON AGING SENIOR CENTER AIR QUALI1FY MOTION: That the sum of $60 ,000 be appropriated for improving air quality and for air conditioning the Senior Center and for purchasing equipment Adopted - in connection therewith, and that $60,000 be See below transferred from the Unreserved Fund Balance. 10 : 17 p.m. Presented by Selectman Fenn who state unanimous Board approval. 10 : 17 p.m. Clark Cowen, COA, stated support. 10 : 18 p.m. Ronald Grammont, Capital Expenditures Committee, stated unanimous approval . 10 : 20 p.m. Paul Lapointe, Appropriation Committee, stated unanimous approval . C Following a voice vote at 10: 21 p.m. , the Moderator declared adoption of the motion. 10 : 21 p.m. Notice of Reconsideration on Article 16 was served by Karen Dooks . ARTICLE 17 FIRE ENGINE PURCHASE MOTION: That the sum of $262 , 150 be appropriated for the purchase of a new fire engine, and that Adopted - $262 , 150 be transferred from the Unreserved See p. 254 Fund Balance. 10 : 21 p.m. Presented by Selectman Busa. 10 : 24 p.m. Chankey Touart, Capital Expenditures Committee , stated unanimous support and opposition to bonding. 10 : 25 p.m. Paul LaPointe, Appropriation Committee, stated support. •" 10 : 25 p.m. Dawn McKenna, P9 , made the following amendment: the sum of $262 , 150 be appropriated for the purchase of a new fire engine ; and that to meet this appropriation the Treasurer, with the approval of the Selectmen, is authorized to borrow $262 , 150 under G. L. c. 44 , sect. 7 ( 9 ) . Discussion followed. Following a voice vote at 10: 42 p.m. , the Moderator declared the amendment offered by Mrs. McKenna not adopted. Following a voice vote at 10: 42 p.m. , the Moderator 254 (ADJOURNED SESSION. A.T.M . . CONT. - MAY 8 , 1996 ) declared adoption of the motion offered by Mr. Busa. 10 : 42 p.m. Notice of Reconsideration on Article 17 was served by Karen Dooks. 10 : 43 p.m. Robert Rotberg stood for a Privileged Motion to adjourn to Monday, May 13 , at 7: 30 p.m. Following a voice vote at 10 :43 p.m. , the Moderator declared the Meeting not adjourned. Sufficient members stood to doubt the vote and the Moderator called, for a standing vote which was tallied as follows: Precinct Yes No -Abstain 1 9 3 2 10 2 3 5 7 4 - 6 8 5 10 6 6 9 5 7 4 9 8 5 11 9 8 10 At large 6 14 Totals 72 75 n The Moderator declared that the Meeting was not adjourned j and Article 18 would be before the Meeting. ARTICLE 18 PURCHASE FIRE EQUIPMENT MOTION: That the sum of $60 , 000 be appropriated to replace self-contained breathing apparatus and Adopted - other fire department equipment, and that such See below amount be raised in the tax levy. 10 : 49 p.m. Presented by Selectman Busa. 10 : 49 p.m. Chankey Touart, Capital Expenditures Committee, stated unanimous support. 10 : 49 p.m. Paul Lapointe , Appropriation Committee, stated unanimous support. Following a voice vote at 10: 49 p.m. , the Moderator declared adoption of the motion. 10 : 50 p.m. Notice of Reconsideration on Article 18 was served by Karen Dooks . 10 : 50 p.m. Leo McSweeney, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Monday, May 13 , 1996 , at 7 : 30 p.m. , in Cary Hall . Following a voice vote at 10 : 50 p.m. , the Moderator declared the meeting to be adjourned. /5 A true copy. Attest: Bernice H. Fallick, Town Clerk 255 ADJOURNED SESSION - 1996 ANNUAL TOWN MEETING MAY 13 , 1996 The meeting was called to order by Moderator Margery M. Battin, at 7 : 30 p.m. , in Cary Memorial Hall . A quorum was present. The Moderator outlined the procedures for the evening. ARTICLE 14 LIBRARY CONSTRUCTION MOTION: That the sum of $7 , 850 ,060 be appropriated to construct, originally equip and furnish an addition to and remodel , reconstruct and make extraordinary repairs to Cary Memorial Library, and to purchase additional library equipment including computer hardware and software; that to meet this appropriation the Passed Treasurer, with the approval of the Selectmen, See r. 256 is authorized to borrow $7 ,850,000 under G. L.c . 44 , §7 ; "that the Board of Library Trustees with the approval of the Selectmen are authorized to apply for, accept and expend any federal or other grants or donations that may be available for this project provided that the amount of the authorized borrowing shall be reduced by the amount of such aid received prior to the issuance of bonds or notes under this vote; and that the Permanent Building Committee is authorized to take all action necessary to carry out this project . 7 : 40 p.m. Presented by Selectman Fenn who indicated unanimous Board support. Rev. Dr. Peter Meek, Chairman of the Board of Library Trustees, and Carol Mahoney, Director, outlined the proposal . 8 :06 p.m. Ronald Grammont , Capital Expenditures Committee, stated unanimous support. 8 : 07 p.m. Roger Borghesani , Appropriation Committee, stated unanimous support. There was further discussion. The Town is being asked to fund 1/3 , with grants and donations being the remainder of the amount. No bonds will be signed unless the remainder of the money is received. 8 : 46 p.m. Jeanette Webb, P4 , .moved the question. Following a voice vote as to whether the question should be put, the Moderator declared the main question to be before the Meeting . Following a voice vote at 8 :46 p.m. which was not unanimous, the Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 15 0 2 14 0 3 10 3 4 15 0 5 17 0 6 17 0 7 14 2 8 14 1 9 17 1 256 (ADJOURNED SESSION. A.T.M. , CONT. - MAY 13 , 1996 ) At large 18 0 Totals 151 7 8:49 p.m. The Moderator declared passage of Article 14. 8 : 50 Notice of Reconsideration on Article 14 was served by Roger Borghesani . ARTICLE 15 MINUTEMAN LIBRARY NETWORK MOTION: That the sum of $68 , 000 be appropriated to enable Cary Memorial Library to join Minuteman Adopted Library Network, and that such amount be raised See below in the tax levy. 8 : 50 p.m. Presented by Selectman Eddison who stated unanimous Board support. 8 : 55 p.m. Ronald Grammont, Capital Expenditures Committee, stated support. 8 : 55 p.m. Mary Miley, Appropriation Committee , stated unanimous support. 9 : 04 p.m. John Hayward, P5 , called the question. `l Following a voice vote, the Moderator declared the main question to be before the Meeting. Following a voice vote at 9 : 05 p.m. , the Moderator declared unanimous adoption of Article 15 . 9 : 13 p.m. Notice of Reconsideration on Article 15 was served by Karen Dooks . ARTICLE 21 MISCELLANEOUS SCHOOL ARTICLE MOTION: That the sum of $2 , 210 , 000 be appropriated for remodeling, reconstructing and making extraordinary repairs to school buildings and for the purchase of additional equipment therefor; that to meet this appropriation the Adopted - Treasurer with the approval of the Selectmen is See p. 257 authorized to borrow $2 , 210 , 000 under G.L. c . 44 , §7 or Chapter- 645 of the Acts of 1948 as amended; and that the Permanent Building Committee is authorized to take all action necessary to carry out this project. 9 : 06 p.m. Presented by Mary Neumeier, School Committee. 9 : 14 p.m. Fred Rosenberg , School Committee, continued with information. 9 : 16 p.m. Jane Pagett, Appropriation Committee , stated unanimous support. 9 : 21 p.m. Karen Dooks , Capital Expenditures Committee , stated unanimous suppoL t and made the following motion: that the figure $2 , 210 , 000 as it appears in the motion under Article 21 be amended to read $2 , 000 . 000 257 (ADJOURNED SESSION. A.T.M. , CONT. - MAY 13 , 1996 ) 9 : 24 p.m. Mr. Rosenberg stated unanimous opposition of the School Committee to the amendment. x- 9 : 26 p.m. Mrs. Pagett stated Appropriation Committee opposition to the amendment. 9 : 26 p.m. Selectman McSweeney stated majority support for the amendment by the Board. Following a voice vote at 9 : 33 p.m. , the Moderator declared the motion offered by Mrs. Dooks not adopted. Discussion continued. 9 : 49 p.m. Sheldon Spector, P6 , moved the question. Following a voice vote, the Moderator declared the main question to be before the Meeting. Following a voice vote at 9 : 50 p.m. , the Moderator declared Article 21 to have been unanimously adopted. 9 : 50 p.m. Notice of Reconsideration on Article 21 was served by Karen Dooks. 9 : 51 p.m. Selectman Fenn moved that Article 23 be brought up at this time. ARTICLE 23 BUCKMAN TAVERN REPAIRS MOTION: That the sum of $20 ,000 be appropriated to make extraordinary repairs to Buckman Tavern, and Adopted - that such amount be transferred from the See below Unreserved Fund Balance. 9 : 52 p.m. Presented by Selectman Fenn who stated unanimous Board approval . 9 : 56 p.m. Tom Taylor, Lexington Historical Society Council member stated that routine maintenance is performed by the Society with the Town doing major repairs. 9 : 59 p.m. Mary Miley, Appropriation Committee , stated support. Following a voice vote at 9 : 59 p.m. , the Moderator declared unanimous adoption of Article 23 . 9 : 59 p.m Notice of Reconsideration on Article 23 was served by Mrs. Miley. 9 : 59 p.m. Selectman McSweeney moved to take up Article 25 at this time. Following a voice vote, the Moderator declared Article 25 to be before the Meeting. ARTICLE 25 WINNING FARM 10 : 00 p.m. Selectman McSweeney moved that Article 25 be Indefinitely Postponed. IPP Following a voice vote at 10 : 00 p.m. , the Moderator declared unanimous adoption of the motion to Indefinitely Postpone. 258 (ADJOURNED SESSION, A.T.M. + CONT. - MAY 13 , 1996 ) 10 : 00 p.m. Selectman Eddison moved to take up Article 35 at this time . Following a voice vote , the Moderator declared Article 35 to be before the Meeting . ARTICLE 35 WOOD STREET LAND/MINUTEMAN NATIONAL PARK MOTION: That the discontinuance of Old Wood Street, so-called, as described in the article, is hereby reconfirmed and that the Selectmen be and they hereby are authorized to ad opted - convey the Town' s interest in the land See below described in the article to the Minute Man National Historical Park for one dollar and on such other terms as the Selectmen may determine. 10 : 01 p.m. Presented by Selectman Eddison. 10 : 04 p.m. Richard Canale, Planning Board, stated support . 10 :07 p.m. Nancy Nelson, Superintendent of the Minute Man Park, presented information. Following a voice vote at 10 : 11 p.m. , the Moderator declared unanimous adoption of Article 35 . 10 : 12 p.m. Leo McSweeney, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday, May 15 , 1996 , at 7 : 30 p.m. , in Cary Hall . Following a voice vote at 10 : 12 p.m. , the Moderator declared the meeting to be adjourned. A true copy. 4°// " Attest: / Bernice H. Fallick, Town Clerk 259, ADJOURNED SESSION - 1996 ANNUAL TOWN MEETING MAY 15 . 1996 The meeting was called to order by Moderator Margery M. Battin, at 7 : 30 p.m. , in Cary Memorial Hall. A quorum was present. 7 : 30 p.m. The Moderator declared a recess. Andrew Friedlich, Chairman of the Town Meeting Members Association, declared the intent to honor Bernice (Bebe ) Fallick, Town Clerk, on her resignation after ten years of service as Clerk. Gifts, resolutions, and kind words were offered by the State Representative, Town Manager, Senior Staff Members, Conservation Chair, Town Moderator, Town Counsel , TMMA Officers. Selectman Leo McSweeney read the following resolution: RESOLUTION Whereas: Town Clerk Bernice "Bebe" Fallick will be leaving her position after the dissolution of this Town Meeting; and Whereas: Bebe has served the Town of Lexington as its Town Clerk over the past ten years with the highest skill , professionalism, integrity, caring and wit; and Whereas: Bebe has continued to pursue her cultural, historical and ecological interests; and Whereas: Bebe has promised to keep up her dedicated service to the town in a volunteer capacity; and Whereas: Bebe has followed a tradition of successfully nurturing the Town Clerk' s operation into a well run, efficient office of the Town; and Whereas: Bebe has , over the years, amassed an incredible number of admiring friends, constituents and elected officials; Now Therefore: Be it resolved that we hereby give Bebe our sincere thanks, applause and well wishes; And Further. That these proceedings be recorded in the permanent records of the Town of Lexington. Given under our hands this fifteenth day of May, 1996 . Leo P. McSweeney; William J. Dailey, Jr. ; Daniel P. Busa, Jr. ; Dan H. Fenn, Jr. ; Elizabeth B. Eddison - Selectmen of Lexington The Moderator called the Meeting to order at 7 : 55 p.m. ARTICLE 2 REPORTS 8 : 01 p.m. Paul Hamburger, Long Range Planning Committee , spoke of a long term plan into which an operating plan can fit, and meetings with the School Committee and Board of Selectmen. Joyce Miller, Chairman of the Conservation Commission, urged the return of the Open Space and Recreation Survey. 8 : 07 p.m. Mrs. Miller moved that Article 24 be brought up at this time. Following a voice vote, the Moderator declared Article 24 to be before the Meeting. 260 (ADJOURNED SESSION. A.T.M. , CONT. - MAY 15 . 1996 ) ARTICLE 24 LAND ACQUISITION/AUGUSTA PROPERTY MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized 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, any fee, easement or conservation restriction as defined in Section Adopted - 31 of Chapter 184 of the General Laws or other See below interest in all or any part of land shown as Lot 84 on Assessors' Property Map 30 , now or formerly of Augusta; that the sum of $150 ,000 be appropriated for such land acquisition; that to raise this amount the Treasurer with the approval of the' Selectmen be authorized to borrow $150 , 000 under G.L.c. 44 , s7( 3 ) as amended; and that the Selectmen be authorized to apply for, accept, expend and borrow in anticipation of federal and state aid that may be available for the project, including any grant from the Division of Conservation Services of the Executive Office of Environmental Affairs, under the Self-Help Act, G.L.c . 132A, s11 . 8 : 07 p.m. Presented by Joyce Miller, Conservation Commission. 8 : 13 p.m. David Williams continued. 8 : 16 p.m. Selectman Dailey explained the bankruptcy aspect and LexHab' s desire to develop a lot at the end of Spencer Street. 8 : 23 p.m. Ronald Grammont, Capital Expenditures Committee, stated approval . 8 : 23 p.m. Ronald Colwell , Appropriation Committee , stated support. 8 : 25 p.m. Marshall Derby, LexHab, stated that the $125 , 000 needed to build a two family house on Spencer Street has been voted. The intent is to build the house or if not possible to sell the lot at market value. 8 : 30 p.m. John Hayward, P5 , called the question. Following a voice vote, the Moderator declared the main question to be before the Meeting. Following a voice vote at 8 : 30 p.m. , the Moderator declared unanimous adoption of Article 24 . 8 : 32 p.m. Notice of Reconsideration on Article 24 was served by David Miller. 261 (ADJOURNED SESSION. A.T.M. , CONT. - MAY 15 . 1996 ) ARTICLE 22 LAND ACQUISITION/WOBURN STREET MOTION: That the Selectmen be authorized to acquire by purchase, eminent domain or otherwise the land shown as Lot 201 on Assessors' Property Map 48 and known as 10 Woburn Street, now or formerly of Humble Oil and Refining Adopted - Co. , for municipal purposes and be authorized to make See below site improvements in connection therewith; that to raise this amount the Treasurer with the approval of the Selectmen be authorized to borrow $275 , 000 .under G. L.c. 44, s7(3 ) as amended. 8 : 31 p.m. Presented by Selectman Dailey who explained the request was for the authority to spend upto $275 ,000 if necessary and that all hazardous liability remains Exxon' s responsibility. 8 : 37 p.m. Jacqueline Davison stated that the Planning Board supported a bond issue to purchase the site. 8 : 39 p.m. Ronald Grammont, Capital Expenditures Committee, stated majority support. 8 : 39 p.m. Ronald Colwell , Appropriation Committee, stated majority support. There were comments for and against. r— 9 : 06 p.m. Marshall Derby, P6 , moved the question. Following a voice vote, the Moderator declared the main question to be before the Meeting. The Moderator called for a standing vote which was tallied as follows : Precinct Yes No Abstain 1 8 7 2 10 8 3 10 4 4 13 3 5 16 2 6 11 7 7 12 2 8 12 5 9 7 10 At large 14 1 Totals 113 49 -- 9: 10 p.m. The Moderator declared adoption of Article 22 . 9 : 11 p.m. Notice of Reconsideration on Article 22 was served by David Miller. ARTICLE 36 ACCEPTANCE OF QUINN BILL MOTION: That the Town accept Section 108L of Chapter 41 Adopted - of the Massachusetts General Laws. See p. 262 9 : 11 p.m. Presented by Selectman Eddison who stated unanimous support of the Board of Selectmen. 9 : 20 p.m. Robert Leone, Appropriation Committee, stated support. 262 (ADJOURNED SESSION. A.T. M. . CONT. - MAY 15 . 1996 ) Following a voice vote at 9: 34 p.m. , the Moderator declared adoption of Article 36. 1 9 : 34 p.m. Notice of Reconsideration on Article 36 was served by Mr. Leone. 9 : 35 p.m. Selectman Dailey moved Reconsideration of Article 5 . Following a voice vote as to whether Article 5 should be reconsidered, the Moderator declared that Article 5 would be reconsidered. ARTICLE 5 SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (FY96 ) • Selectman Dailey made the following motion: MOTION: To amend the motion made under Article 5 so that Adopted the amount for Line Item' 1100 Lexington Public Schools as amended - reads $456 , 000 . See below Selectman Dailey explained the need to put back money for the school 3 for 1 problem. 9 : 38 p.m. Jane Pagett, Appropriation Committee , stated approval . Following a voice vote at 9: 38 p.m. , the Moderator declared the amendment offered by Mr. Dailey to be unanimously adopted. Following a voice vote at 9 : 39 p.m. , the Moderator declared adoption of Article 5 as amended. 9 : 39 p.m. Ephraim Weiss, P5 , moved Reconsideration of Article 12 . 9 : 45 p.m. Selectman Dailey stated the Board did not support Reconsideration. Following a voice vote at 9:47 p.m. , the Moderator declared that Article 12 would not be reconsidered. 9 : 47 p.m. Donald Chisholm, Recreation Committee, moved Reconsideration of Article 4 , *line item 5200 Recreation Department. Sandra Shaw presented information. 9 : 52 p.m. Nyles Barnert stated his intent to then move for Reconsideration of line item 1200 Minuteman School . 9 : 57 p.m. Selectman Dailey stated unanimous support of the Recreation Department ' s request to Reconsider. The Moderator called for a standing vote which was tallied as follows: * so that he would be able to amend (/1��/M'9� 263 (ADJOURNED SESSION. A.T.M. . CONT. - MAY 15 . 1996 ) Precinct Yes No Abstain 1 11 4 2 10 5 3 11 6 4 9 5 5 10 8 6 2 14 7 10 �l 8 11 8 • 9 9 8 At large 8 7 • Totals 91 72 10 : 16 p.m. The Moderator declared Article 4 to be Reconsidered and to be before the Meeting. 10: 20 p.m. Mr. Chisholm made the following motion: AMENDMENT TO ITEM 5200 - RECREATION DELETE ENTERPRISE FUND PAYMENT IN LIEU OF TAXES OF $50,000 MOTION: that Item 5200 Recreation Department be amended to read: Not adopted - $645 ,487 (And to raise such amount See below $645 ,4887 be transferred from the Recreation Enterprise Fund) . 10 : 20 p.m. Roger Borghesani , Appropriation Committee, stated that the Committee did not support the amendment. 10 : 24 p.m. Ronald Grammont, Capital Expenditures Committee, stated approval . 10 : 24 p.m. Selectman McSweeney stated unanimous approval of the amendment. The Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 9 8 2 10 5 3 8 8 4 11 • 4 5 5 13 6 1 15 7 8 9 8 8 10 9 8 9 At large 9 6 Totals 77 87 10 : 38 p.m. The Moderator declared the amendment offered by Mr. Chisholm not adopted. 10: 39 p.m. Nyles Barnert made the following motion: MOTION: that Line item 1200 be changed to $432 , 919 from Not adopted - $424 , 087 . See p. 264 264 1 (ADJOURNED SESSION. A.T.M. . CONT. - MAY 15 . 1996 ) 10 :41 p.m. Robert Leone, Appropriation Committee, stated unanimous opposition. 10 : 57 p.m. Sheldon Spector,P6 , moved the question. Following a voice vote as to whether the amendment should be put, the Moderator declared the amendment to be before the Meeting. Following a voice vote at 10 : 57 p.m. , the Moderator declared the amendment offered by Mr. Barnert not adopted. Following a voice vote at 10 : 58 p.m. on Article 4, the Moderator declared adoption. 10 : 58 p.m. Donald Chisholm moved Reconsideration of Article 33 . Discussion and presentation by the Butlers followed indicating that the passage of Article 29 had affected their position. 11 : 16 p.m. Jonathan Lederman, P7 , moved the question. Following a voice vote as to whether the main question should be put, the Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 7 8 2 7 5 3 8 9 4 11 4 5 15 3 6 7 8 7 9 5 8 10 7 9 14 4 At large 9 5 Totals 97 58 11 : 20 p.m. The Moderator declared Article 33 to be before the Meeting . ARTICLE 33 CS to RS, Marrett Road (Butler) MOTION: That the Zoning By-Law of the Town of Lexington be amended by changing the zoning district designation of the land commonly known as the Lawless Motors property Adopted - from CS, Service Business to RS , One Family Dwelling , See Ty. 265 said Property being 577-581 Marrett Road (Rt. 2A) next to the Shell Gas Station near the intersection of Lincoln Street & Marrett Road. The land to be rezoned consists of an approximately 1 . 62 +/- acre site located in the CS, Service Business district and bounded and described as follows: Northerly, by land N/F of the Kieran J. Lowry Trust, Northerly again by lands of said Lowry Trust, McMenimem, Grossi , and Timberlake, Easterly by land of Cheeny, Easterly again by land of the Town of Lexington, Southerly by Lands of Butler Realty Trust Two and Osgood, Westerly by Marrett Road, and Westerly again by Marrett Road said property being more fully described in metes and bounds by a plan of the land dated February 8 , 1996 by Noonan & McDowell , Inc . , Billerica, MA, and by a written metes and bounds 265 (ADJOURNED SESSION, A.T.M. , CONT. - MAY 15 , 1996 ) description, copies of which are on file with the Town Clerk. r- 11 : 23 p.m. Richard Canale, Planning Board, stated support because of the higher likelihood of cluster zoning. 11 : 31 p.m. Jonathan Lederman, P7 , moved the question. Following a voice vote, the Moderator declared the motion to be before the Meeting. 11 : 32 p.m. Mr. Butler stated his intent to use cluster zoning. • 11 : 33 p.m. The Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 9 6 2 7 5 3 9 6 4 12 2 5 14 2 6 8 5 7 12 5 8 11 6 9 14 2 At large 9 5 Totals 105 44 11 : 35 p.m. The Moderator declared Article 33 adopted. ARTICLE 40 USE OF FUNDS TO REDUCE TAX RATE MOTION: that the sum of $799 , 506 be appropriated to reduce the tax levy Adopted - for the fiscal year beginning July 1 , See below 1996 , and that such amount be transferred from the Unreserved Fund Balance. 11 : 36 p.m. Presented by Selectman McSweeney. 11 : 36 p.m. Mary Miley, Appropriation Committee, stated support. Following a voice vote at 11 : 37 p.m. , the Moderator f-- declared unanimous adoption of Article 40 . 11 : 38 p.m. Leo McSweeney, Chairman of the Board of Selectmen, moved that the Meeting be dissolved. Following a voice vote at 11 : 38 p.m. , the Moderator declared the Meeting to be dissolved. A true copy. \ Z Attest: /f!��" Bernice H. Fallic.k Town Clerk Appointed by Town Manager Richard J. White, Donna M. Hooper was sworn in as Town Clerk on Aug t 19, 196 by Joseph A. Campbell, Justice of the Peace. 04 N 266 (WARRANT FOR STATE PRIMARY-SEE WARRANT FILE) STATE PRIMARY-TUESDAY,SEPTEMBER 17, 1996 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, September 17, 1996, at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Lexington Senior High School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School;Precinct Seven,Joseph Estabrook School;Precinct Eight, Central Fire Station;Precinct Nme, Maria Hastings School. The Election Officers of the various precincts were assigned for duty as follows: Prl: Robert Blouin, Margaret Blouin, Nancy McLaughlin, Viola Pike, Marie Walton, Mildred Collentro, Judith Marcus,Martha Shurtleff Pr2: Kenneth Smith, Donna Alexson, Frances Daveta, Lois Smith, Rita Casey, Dorothy Bond, Mary M. Cushman Pr3: Margery Modoono,Alice G.Hopkins,Lillian Drury,Helen Euart,Bess Ezekiel,Marcia Flint, Philip Pullen, Eleanor Smith Pr4: Gulli Kula,Richard Crawford,Beverly Aker, Raymond Flynn, Ruth Hamlin,Eleanor Mattes, Alfred Mattes, Dana Regillo, Gladys Snyder Pr5: Jacqueline Michelove, Winifred Ivester, Cornelius Cronin, Dorothy Gauthier, Josephine Luther,Leon Michelove, Alice Stringos,Priscilla Winter,Martha Zani Pr6: Dorothy Boggia,Mary Casey, Calvin Belvin,Evelyn Belbin,Katherine Geanacopulos, Audrey Hosford,Nancy Isotti, Elizabeth Lehr Pr7: A. Estelle Szalajeski,Nancy L.Hayes,Mary Joseph,Bernice Gerrig, Elizabeth McDonough, Eric Kula,Robert Greenway,Edna Holloran Pr8: Catherine Jones, William Simmons, Doris Barclay, Elinor Bettencourt, Donald Macbeth, Phyllis Richardson, Barbara Simmons, Mary Buckley Pr9: Robert E. Edwards, Carole S. Scalise, Edith Paster, Robert Ryan, Janet Lowther, Harriet Morrison, Lara Arsenault, Carole Butler The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at 7:00 a.m. and remained open until 8:00 p.m., at which time, after due notice, they were declared closed. 267 STATE PRIMARY. SEPTEMBER 17. 1996.cont. The total number of registered voters in each precinct eligible to vote as of September 11, 1996, is as follows: PRECINCT REGISTERED DEM REP UNENROLLED LIBER VOTERS 1 1747 773 291 680 1 r-- 2 2207 1080 308 817 2 3 2311 920 434 955 1 4 2263 1009 370 883 1 � - 5 2139 866 396 872 4 6 2311 1017 433 857 2 7 2072 889 322 861 0 8 2224 916 438 868 1 9 2052 780 358 910 4 TOTALS 19326 8250 3350 7703 16 (Total includes the following: Green- Pr.8-1 Prohibition- Pr.5-1 Inter.3rd Party- Pr.1-2 Socialist- Pr.3-1 Pr.6-1 Pr.6-1 Recap sheets were delivered to the Board of Registrars in the Comptroller's Office. 9.8% of the registered voters voted. The Town Clerk and the members of the Board of Registrars canvassed the results as follows: 19326 Total Registered Voters Libertarian State Primary Percentage Voting: .0155231% Totals PRI PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9 1 4 _. Vote Count: 3 1 1 1 SENATOR IN CONGRESS George Phillies 1 1 -Blanks 2 1 1 REPR.IN CONGRESS George Phillies 1 1 -Blanks 2 1 1 COUNCILLOR-3RD DIS -Blanks 2 1 1 COUNCILLOR-6th DIS -Blanks 1 1 SENATOR IN COURT- 5th DISTRICT -Blanks 2 1 1 SENATOR IN COURT- 4th DISTRICT -Blanks 1 1 REPR.IN GENERAL COURT -Blanks 3 1 1 1 ,_w_ REGISTER OF PROBATE -Blanks 3 1 1 1 COUNTY TREASURER 1. -Blanks 3 1 1 1 COUNTY COMMISSIONER -Blanks 3 1 1 1 SHERIFF -Blanks 3 1 1 1 268 STATE PRIMARY. SEPTEMBER 17. 1996. cont. Democratic State Primary Percentage Voting: 7.32174% Totals PRI PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9 Vote Count 1415 144 196 156 132 132 163 153 185 154 SENATOR IN CONGRESS John F.Kerry 1232 123 168 145 118 114 143 134 162 125 ii -Blanks 183 21 28 11 14 18 20 19 23 29 REPR.IN CONGRESS Edward J.Markey 1197 111 168 137 111 110 142 131 160 127 Kristen O'Sullivan 1 1 -Blanks 217 33 27 19 21 22 21 22 25 27 COUNCILLOR-3RD DIS Cynthia Stone Creem 518 122 104 86 114 92 -Blanks 305 74 52 46 71 62 COUNCILLOR-6th DIS Dorothy A.Kelly Gay 377 88 89 101 99 -Blanks 215 56 43 62 54 SENATOR IN COURT- 5th DISTRICT Susan Fargo 677 164 134 114 148 117 -Blanks 146 32 22 18 37 37 SENATOR IN COURT- 4th DISTRICT Robert A.Havern,III 447 104 106 126 111 Jay Kaufman 1 1 -Blanks 144 40 26 36 42 1 REPR.IN GENERAL COURT Jay R.Kaufman 1208 114 169 133 117 115 147 134 157 122 ,.....) -Blanks 207 30 27 23 15 17 16 19 28 32 REGISTER OF PROBATE Robert B.Antonelli 121 20 17 13 6 10 8 9 14 24 John J.Buckley 94 11 10 14 5 12 8 5 15 14 Francis X.Flaherty 162 17 26 12 14 15 14 18 21 25 Diane Poulos Harpell 148 20 36 12 14 13 17 10 13 13 Marie E.Howe 161 18 18 16 17 19 19 17 26 11 Joyce E.Hurley 71 8 1 9 6 4 4 19 10 10 Ronald A.MacDonald 92 13 15 10 7 8 7 15 6 11 Wanda M.Milik 249 8 36 39 33 18 40 28 29 18 -Blanks 317 29 37 31 30 33 46 32 51 28 COUNTY TREASURER James E.Fahey,Jr. 666 74 96 78 63 68 68 72 76 71 Warren R.McManus 259 26 39 27 24 23 21 28 31 40 -Blanks 490 44 61 51 45 41 74 53 78 43 COUNTY COMMISSIONER Thomas J.Larkin 543 45 71 64 48 51 62 71 62 69 Melissa Hurley 305 38 48 33 29 32 28 33 32 32 James P Kennedy 122 17 15 12 14 12 9 8 19 16 Eleanor A.McGarry 245 26 37 25 30 21 21 29 37 19 Joseph H.Mullin 287 19 45 44 30 14 43 35 25 32 Edward J.Sullivan 202 29 32 18 19 21 10 18 21 34 -Blanks 1126 114 144 116 94 113 153 112 174 106 SHERIFF James V DiPaola 362 47 55 42 21 37 43 44 39 34 Leonard H.Golder 233 14 30 28 25 17 38 25 33 23 Edward J.Kennedy,Jr. 299 31 29 30 36 32 28 30 41 42 Edward J.Rideout 200 17 43 25 18 10 19 15 20 33 -Blanks 321 35 39 31 32 36 35 39 52 22 — — -1— 269 I STATE PRIMARY. SEPTEMBER 17. 1996, cont. Republican State Primary Percentage Voting: 2.49405% Totals PR1 PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9 1••••••-, Vote Count 482 43 56 45 54 48 74 37 78 47 SENATOR IN CONGRESS William F Weld 434 34 48 43 49 42 69 34 74 41 -Blanks 48 9 8 2 5 6 5 3 4 6 REPR.IN CONGRESS Patricia H.Long 395 35 47 37 49 38 59 28 65 37 -Blanks 87 8 9 8 5 10 15 9 13 10 COUNCILLOR-3RD DIS -Blanks 280 56 45 54 78 47 COUNCILLOR-6th DIS -Blanks 202 43 48 74 37 SENATOR IN COURT- 5th DISTRICT Hasty Evans 224 46 39 45 57 37 -Blanks 56 10 6 9 21 10 SENATOR IN COURT- 4th DISTRICT Ian Bass 1 1 -Blanks 201 43 48 74 36 REPR.IN GENERAL COURT John T.Cunha 416 35 52 40 48 43 60 31 70 37 -Blanks 66 8 4 5 6 5 14 6 8 10 REGISTER OF PROBATE �_ Donna M.Lambert 358 28 40 39 43 35 57 26 54 36 -Blanks 124 15 16 6 11 13 17 11 24 11 COUNTY TREASURER -Blanks 482 43 56 45 54 48 74 37 78 47 COUNTY COMMISSIONER Anthony G.Marino 386 36 45 39 45 42 55 27 60 37 Jerry Vengrow 261 19 31 30 33 27 40 19 32 30 -Blanks 317 31 36 21 30 27 53 28 64 27 SHERIFF Brad Bailey 409 33 48 41 49 43 59 32 67 37 -Blanks 73 10 8 4 5 5 15 5 11 10 A true copy. >>1 i Attest: _ • ?r� ,e) Donna M. Hooper, Tows Clerk 270 September 30, 1996 RECOUNT OF VOTES CAST FOR COUNTY COMNIISSIONER-MIDDLESEX COUNTY AT THE DEMOCRATIC STATE PRIMARY HELD SEPTEMBER 17, 1996 Pursuant to petitions filed with the Secretary of State, a recount of the votes cast for County Commissioner,Middlesex County at the Democratic State Primary held September 17, 1996 was held on Monday, September 30, 1996 starting at 9:00 a.m. and completed at 12:45 p.m. Mr. Reed Kingston Taylor was sworn in as Temporary Registrar. The counting of absentee ballots commenced at approximately 9:30 a.m. in Estabrook Hall. The check of the voting machine figures commenced at approximately 9:30 a.m. Machines were read at: Precinct 1 -Harrington School, Precinct 2 -Bowman School, Precinct 3 - Clarke Middle School, Precinct 4 - Senior High School, Precinct 5 - Cary Memorial Building, Precinct 6 - Diamond Middle School, Precinct 7 - Estabrook School, Precinct 8 - Central Fire Station, and Precinct 9 -Hastings School. The following election officers were sworn in and present: Checking the machine figures at precincts 1,2,3, and 4: (U) Nancy Hayes (D) Eric Kula Checking the machine figures at precincts 6,7, 8 and 9: (D) Gula Kula (R) Robert Edwards Counting Absentee ballots and checking the machine figures at precinct 5: (R) Dorothy Boggia (U) Marie E. Hill The following were also present: Board of Registrars: (R) Luanna E. Devenis (D) Donna M. Hooper (R) Reed Kingston Taylor Candidates and Representatives: —' Agents for Candidate Edward J. Sullivan: Robert LeBlanc Jane Walsh At the conclusion of the absentee ballot count and the final tallying, Donna M. Hooper read the final results of the recount as follows: County Commissioner-Middlesex County Pr. 1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9 Totals Thomas J.Larkin 45 71 64 48 51 62 71 60 69 541 Melissa Hurley 38 48 33 29 32 28 33 32 32 305 James P Kennedy 17 15 12 15 12 9 8 19 16 123 Eleanor A.McGarry 26 37 25 29 21 21 29 37 19 244 Joseph W.Mullin 19 45 44 30 14 43 35 25 32 287 Edward J.Sullivan 29 32 18 19 21 10 18 21 34 202 Blanks 114 144 116 94 113 153 112 176 106 1,128 Totals 288 392 312 264 264 326 306 370 308 2,830 As a result of the recount, Thomas J. Larkin lost 2 votes, James P. Kennedy gained 1 vote, and Eleanor A. McGarry lost 1 vote. Blanks were increased by 2. Changes in vote counts were attributed to reading of absentee ballots. After the final result was announced all materials were returned to the Town Clerk to amend the records. Results were immediately transmitted to the Secretary of the Commonwealth. A true copy. Attest: A.m,(4. 71,1 .4, / Donna M. Hooper, Tows n Clerk 271 WARRANT FOR STATE/PRESIDENTIAL ELECTION-(SEE WARRANT FILE) STATE/PRESIDENTIAL ELECTION-TUESDAY,NOVEMBER 5, 1996 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday,November 5, 1996, at 7 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Lexington Senior High School; Precinct Five, Cary Memorial Building; '� Precinct Six,William Diamond Middle School;Precinct Seven, Joseph Estabrook School;Precinct Eight, Central Fire Station;Precinct Nine,Maria Hastings School. The Election Officers of the various precincts were assigned for duty as follows: Precinct One Precinct Two Warden: Eileen Fradette Kenneth Smith Clerk: Rachel Higgins Donna Alexson Inspectors: Robert Blouin Mary McLaughlin Margaret Blouin Dorothy Bond Peg Kelly Rita Casey Judith Marcus Mary Cushman Nancy McLaughlin Frances Daveta Viola Pike Owen Lafley Martha Shurtleff Clifford Pehrson Marie Walton Lois Smith Bernice Weiss Roselyn Torci Precinct Three Precinct Four .� Warden: Marjorie Modoono Gulli Kula Clerk: Alice G. Hopkins Richard Crawford Inspectors: Raymond Carberry Beverly Aker Lillian Drury Grace Ayers Helen Euart Raymond Flynn Robert Edwards Ruth Hamlin Bess Ezekiel Eleanor Mattes Marcia Flint Alfred Mattes Elizabeth Patrician Dana Regillo Philip Pullen Eleanor Smith Blanche Spilewski Gladys Snyder Precinct Five Precinct Six Warden: Jacqueline Michelove Dorothy Boggia Clerk: Winifred E. Ivester Mary Casey Inspectors: Hazel Allison Calvin Belbin Cornelius Cronin Evelyn Belbin Mary Devoe Shirley Bullock Dorothy Gauthier Francis Coscia r--- Leon Michelove Katherine Geanacopulos Lucy Simeone Nancy Isotti Alice Stringos Elizabeth Lehr Ephraim Weiss Barbara Simmons Priscilla Winter William Simmons Martha Zani 272 STATE/PRESIDENTIAL ELECTION-TUESDAY,NOVEMBER 5, 1996 Precinct Seven Precinct Eight Warden: Estelle Szalajeski Catherine Jones Clerk: Nancy Hayes Phyllis Richardson Inspectors: Mildred Collentro Alice Jones Clarke Cowen Cecil Jones Bernice Gerrig Doris Barclay Robert Greenway Elinor Bettencourt Edna Holloran Mary Buckley Mary Joseph Donald Macbeth Eric Kula Florence Murray Elizabeth McDonough Robert MacEwen Muriel Taylor Precinct Nine Warden: John Taylor Clerk: Carol Scalise Inspectors: Anne Taylor Judith Schuler Nicholas Hay Audrey Hosford Janet Lowther Harriet Morrison Robert Ryan Edith Paster Carol Butler The election officers were sworn to the faithful performance of their duties. V, The polls were declared open in each precinct at 7 a.m. and remained open until 8 p.m., at which time, after due notice, they were declared closed. The total number of registered voters in each precinct eligible to vote as of October 16, 1996 is as follows. REGISTERED PRECINCT VOTERS DEM REP UNENROLL LIBER 1 1897 837 301 756 1 2 2330 1125 314 889 2 3 2453 971 450 1030 1 4 2401 1053 387 960 1 5 2233 897 408 922 5 6 2405 1050 448 902 3 7 2190 929 339 921 1 8 2356 952 448 951 4 9 2170 807 358 998 7 TOTALS 20435 8621 3453 8329 25 Totals include the following: Green Party Pr. 8 - 1 Prohibition: Pr 5 - 1 Inter_ 3rd Party: Pr. 2 - 1 Socialist: Pr 3 - 1 Pr. 6 - 1 Pr. 6 - 1 -- I 273 STATE/PRESIDENTIAL ELECTION-TUESDAY,NOVEMBER 5, 1996 Recap sheets were delivered to the Board of Registrars in the Comptroller's Office. 81.88% of the registered voters voted. 1,258 absentee ballots were cast. The Town Clerk and members of the Board of Registrars Connie Foster and Lumina Devenis canvassed the results as follows: TOTALS PRI PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9 Totals 16,732 1531 1946 1950 1999 1748 2034 1831 1945 1748 PRESIDENT/VP Browne/Jorgensen 162 15 17 23 20 14 16 16 25 16 Clinton/Gore 10633 973 1333 1238 1296 1031 1278 1217 1210 1057 Dole/Kemp 4828 426 468 562 576 577 618 483 575 543 Hagelin/Thompkins 45 4 5 4 2 11 7 6 6 Moorehead/Lariva 30 6 3 2 4 3 1 4 2 5 Perot/Choate 793 85 81 88 72 97 94 76 100 100 Dodge/Kelly Hollis/Chester 3 2 1 Nader/Laduke 24 4 6 4 2 1 1 4 2 All Others 10 1 2 1 4 2 -Blanks 204 21 32 25 25 23 15 23 23 17 SENATOR IN CONGRESS John F Kerry 9558 865 1212 1120 1207 893 1150 1103 1078 930 William F Weld 6727 622 670 779 750 786 850 698 817 755 Susan C.Gallagher 273 25 31 29 33 47 15 18 36 39 Robert C.Stowe 21 4 4 1 4 4 2 2 All Others 2 1 1 -Blanks 151 19 29 18 8 21 14 8 12 22 REP IN CONGRESS Edward J Markey 9925 918 1257 1179 1212 930 1210 1139 1112 968 Patricia H.Long 5740 519 569 637 653 696 720 597 704 645 All Others -Blanks 1067 94 120 134 134 122 104 95 129 135 COUNCILLOR 3RD DIST. Cynthia Stone Creem 5125 1061 1053 1069 1043 899 All Others 2 1 1 -Blanks 4461 885 896 930 902 848 COUNCILLOR 6TH DIST. Dorothy A.Kelly Gay 3791 827 900 1081 983 All Others 2 1 1 -Blanks 3351 703 848 952 848 SEN.IN GEN.COURT- 5TH DIST Hasty Evans 2915 507 594 614 624 576 Susan Fargo 5587 1220 1135 1172 1096 964 All Others 1 1 -Blanks 1085 219 221 213 225 207 SEN.IN GEN.COURT- 4TH DIST Robert A.Havern III 4138 910 982 1163 1083 All Others 2 1 1 -Blanks 3004 620 766 870 748 REP IN GENERAL COURT Jay R.Kaufman 10357 881 1308 1179 1285 990 1286 1209 1181 1038 John T Cunha 4919 500 492 543 550 574 596 487 639 538 All Others -Blanks 1456 150 146 228 164 184 152 135 125 172 REGISTER OF PROBATE Donna M.Lambert 5961 491 609 703 692 674 764 651 698 679 Robert B.Antonelli 6835 691 851 800 824 660 786 756 803 664 All Others 1 1 -Blanks 3935 349 486 447 483 414 484 424 444 404 274 STATE/PRESIDENTIAL ELECTION-TUESDAY,NOVEMBER 5, 1996 TOTALS PRI PR2 #'R3 PR4 PR5 PR6 PR7 PR8 PR9 COUNTY TREASURER James E.Fahey,Jr 9220 862 1101 1106 1096 934 1083 992 1081 965 All Others 3 1 1 1 -Blanks 7509 668 845 844 903 814 950 839 864 782 COUNTY COMMISSIONER Thomas J.Larkin 7766 699 962 915 902 721 902 966 907 792 Anthony G.Marino 4988 462 460 580 587 589 671 500 607 532 Edward J. Sullivan 5662 562 781 670 697 534 596 622 626 574 .J Jerry Vengrow 2885 223 284 337 354 321 416 293 339 318 All Others 1 1 -Blanks 12162 1116 1405 1398 1458 1331 1483 1281 1411 1279 SHERRIF Brad Bailey 6230 599 543 724 711 757 804 673 755 664 James V.DiPaola 7501 683 974 904 918 702 874 841 842 763 All Others 1 1 -Blanks 3000 249 429 322 370 289 356 317 348 320 QUESTION#1 Yes 8784 811 1078 1011 1107 807 1025 992 1028 925 No 4182 323 468 468 468 487 591 458 487 432 -Blanks 3766 397 400 471 424 454 418 381 430 391 QUESTION#2 Yes 10475 917 1298 1150 1302 949 1249 1223 1265 1122 No 1803 127 179 221 215 303 272 142 200 144 -Blanks 4454 487 469 579 482 496 513 466 480 482 Results from ballots received from outside the country will be counted by the Board of Registrars on Friday,November 15, 1996 shall be reported separately. A true copy. SorvitAt Attest: - ' '' �' Donna M. Hooper, To lerk 275 NOVEMBER 5, 1996 STATE ELECTION OVERSEAS BALLOT COUNTING RESULTS November 15, 1996 A total of 29 Overseas Ballots for the November 5, 1996 election were counted by Luanna Devenis, Connie Foster, and Donna Hooper of the Board of Registrars on Friday, November 15, 1996. Five of the twenty-nine ballots were Federal Ballots. Results of the November 5, 1996 results previously reported shall be amended. Results of Ballots Counted are follows: VOTES President/VP Browne and Jorgensen 2 Clinton and Gore 26 Dole and Kemp 1 Total Votes Cast 29 United States Senator John F. Kerry 19 William F. Weld 8 Blanks 2 Total Votes Cast 29 Congressional - Seventh Edward J. Markey 22 Patricia H. Long 5 Blanks 2 Total Votes Cast 29 Councillor-Third �-- Cynthia Stone Creem 6 Blanks 4 Total Votes Cast 10 Councillor- Sixth Dorothy A. Kelly Gay 10 Blanks 4 Total Votes Cast 14 Senator in General Court - Fourth Middlesex Robert A. Havem, III 10 Blanks 4 Total Votes Cast 14 Senator in General Court - Fifth Middlesex Hasty Evans 1 Susan Fargo 4 Blanks 5 Total Votes Cast 10 P 276 Representative in General Court - Fifteenth Middlesex Jay R. Kaufman 14 John T. Cunha 3 Blanks 7 Total Votes Cast 24 Register of Probate - Middlesex Donna M. Lambert 4 Robert B. Antonelli 11 Blanks 9 Total Votes Cast 24 Treasurer- Middlesex James E. Fahey, Jr. 15 --1 Blanks 9 Total Votes Cast 24 County Commissioner- Middlesex Thomas J. Larkin 11 Anthony G. Marino 4 Edward J. Sullivan 11 Jerry Vengrow 2 Blanks 20 Total Votes Cast 48 Sheriff- Middlesex Brad Bailey 6 James V. DiPaola 9 Blanks 9 Total Votes Cast 24 Question #1 -Wildlife Protection Act Yes 22 No 2 1 Blanks 0 Total Votes Cast 24 Question #2 - PP Limits 15th Middlesex Yes 19 No 0 Blanks 5 Total Votes Cast 24 I certify that all overseas ballots cast for candidates in the state election held November 5, 1996 have been counted and recorded in accordance with the law, and that the above return of votes is correct. A true copy. aent44.:77-1 /sitrolaeA., Attest: Town C! rk J 277 Jennifer L. Hartshorn, 28 Locust Avenue, resigned as a Town Meeting Member from Precinct Two January3, 1997 This vacancy will be filled at the March 3, 1997 Annual Town Election Christina E. Coughlin, 17 Outlook Drive, resigned as a Town Meeting Member from Precinct Four on June 12, 1996 This vacancy will be filled at the March 3, 1997 Annual Town Election. Jason Berger, 9 Glen Road, died during his term as Town Meeting Member from Precinct Six. This vacancy will be filled at the March 3, 1997 Annual Town Election. Joseph L. Faber, 43 Somerset Road, resigned as Town Meeting Member from Precinct Six on December 23, 1996 This vacancy will be filled at the March 3, 1997 Annual Town Election. Linda Horowitz, 123 Blake Road, resigned as Town Meeting Member from Precinct Seven on June 25, 1996. This vacancy will be filled at the March 3, 1997 Annual Town Election. Martin Horowitz, 123 Blake Road, resigned as Town Meeting Member from Precinct Seven on June 25, 1996 This vacancy will be filled at the March 3, 1997 Annual Town Election. 278 (WARRANT FOR ANNUAL TOWN ELECTION- SEE WARRANT FILE) ANNUAL TOWN ELECTION-MARCH 3. 1997 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, March 3, 1997 at 7.00 in the forenoon. The following places were designated as the voting places for the various precincts. Precinct One, Harrington School, Precinct Two, Bowman School, Precinct Three, Jonas Clarke Middle School, Precinct Four, Senior High School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School;Precinct Seven,Estabrook School,Precinct Eight, Fire Headquarters Building; r Precinct Nine, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows. Precinct One Precinct Two Doris Barclay Warden Robert Edwards Judith Marcus Clerk Donna Alexson Margaret Blouin Inspector Grace Ayers Nancy McLaughlin Inspector Dorothy Bond Martha Shurtleff Inspector Rita Casey Marie Walton Inspector Mary McLaughlin Bernice Weiss Inspector Marjorie McNicholas Precinct Three Precinct Four Marjorie Modoono Warden Gull Kula Alice Hopkins Clerk Richard Crawford Raymond Carberry Inspector Beverly Aker Mary Devoe Inspector Raymond Flynn Lillian Drury Inspector Ruth Hamlin Marcia Flint Inspector Dana Regillo "Th Eleanor Smith Inspector Gladys Snyder Precinct Five Precinct Six Jacqueline Michelove Warden Dorothy Boggia Winifred Ivester Clerk Mary Casey Cornelius Cronin Inspector Calvin Belbin Dorothy Gauthier Inspector Evelyn Belbin Leon Michelove Inspector Francis Coscia Lucy Simeone Inspector Katherine Geanacopulos Alice Stringos Inspector Nancy Isotti Precinct Seven Precinct Eight A. Estelle Szalajeski Warden Catherine Jones Eric Kula Clerk Donald Macbeth Clark Cowen Inspector Elinor Bettencourt Bernice Gerrig Inspector Mary Buckley Robert Greenway Inspector Audrey Hosford Edna Holloran Inspector Margaret Kelly Mary Joseph Inspector Barbara Simmons Blanche Spilewski Inspector —z Precinct Nine _..� John Taylor Warden Carol Scalise Clerk Janet Lowther Inspector Edith Paster Inspector Robert Ryan Inspector Judith Schuler Inspector Anne Taylor Inspector The election officers were sworn to the faithful performance of their duties. 279 11 ANNUAL TOWN ELECTION-MARCH 3, 1997, cont. . 1 The polls were declared open in each precinct at seven o'clock a.m. and remained open until eight o'clock p.m., at which time, after due notice, they were declared closed. The total number of registered voters in each precinct eligible to vote as of February 24, 1997 Precinct Totals Democratic Republican Unenrolled 1 1791 792 283 713 2 2216 1080 291 843 L 3 4 2341 2276 941 1001 422 976 356 918 5 2134 859 400 869 6 2306 992 430 878 7 2066 869 330 866 8 2223 897 420 902 9 2042 757 336 942 Precinct 1 -Inter 3rd Party-2,Libertarian-1 Precinct 5-Libertarian-5,Prohibition-1 Precinct 2-Libertarian-2 Precinct 6-Inter 3rd Party-2,Libertarian-3,Socialist-1 Precinct 3-Libertarian-1,Socialist-1 Precinct 7-Libertarian-1 Precinct 4-Libertanan-1 Precinct 8-Green Party USA-1,Libertarian-3 Precinct 9-Libertanan-7 TOTALS 19395 8188 3268 7907 Recap sheets were delivered to the Town Clerk as follows. Precinct 1 9:45 p.m. Precmct 4 9:15 p.m. Precinct 7 9:00 p.m. Precinct 2 9:00 p.m. Precinct 5 8 45 p.m. Precmct 8 10-15 p.m. Precinct 3 8 45 p.m. Precinct 6 9:00 p.m. Precinct 9 8-45 p.m. The Town Clerk and the members of the Board of Registrars canvassed the results as follows. f-- Precinct 1 570 -voters cast their vote Precinct 5 736 -voters cast their vote Precinct 2 738 -voters cast their vote Precinct 6 981 -voters cast their vote L Precinct 3 742 -voters cast their vote Precinct 7 750 -voters cast their vote Precinct 4 954 -voters cast their vote Precinct 8 882 -voters cast their vote Precinct 9 703 -voters cast their vote Total 7056 -voters cast their vote 36.38 % of the 19,395 eligible registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN Precinct Applications Processed Ballots Returned Unused Late Mail In-Person Total Mail In-Person Mail In-Person Mail 1 9 7 16 7 7 2 12 26 38 11 26 3 31 17 48 27 17 1 1 4 23 30 53 16 30 1 5 28 15 43 25 15 1 6 24 25 49 19 25 7 13 14 27 12 14 8 24 31 55 20 31 3 9 22 9 31 20 9 TOTALS 186 174 360 157 174 L _ Question#1 (This is a non-binding question.) Shall legislation be requested by the Town of Lexington which would require a town wide referendum vote for the approval of any fiscal year budget, exclusive of line items funded by enterprise funds, which exceeds the prior fiscal year's budget by more than three percent TOT pi-I pr2 prl pr4 pL.-5 pr6 K2 pr8 piL2. 1 YES 2034 205 249 202 247 231 273 180 208 239 NO 1627 122 196 191 209 149 228 197 207 128 Blanks 3393 243 293 349 498 356 480 371 467 336 280 ANNUAL TOWN ELECTION-MARCH 3, 1997, cont. TOT prl pa pr3 pr4 �r5 pr6 pr7 pr8 pr9 TOTALS 7056 570 738 742 957 736 981 750 882 703 SELECTMAN Robert N Cohen 2133 248 200 235 253 257 287 173 243 237 Peter David Enrich 2581 153 280 288 380 222 377 323 339 219 Peter C.J.Kelley 1931 138 213 175 275 209 269 216 234 202 Dawn E.McKenna 358 26 41 34 42 43 37 30 64 41 Other 1 1 Blanks 52 4 4 10 4 5 11 8 2 4 Peter David Enrich was elected to the Board of Selectmen for a term of three years expiring in March 2000 MODERATOR Margery M.Battm 4675 370 487 495 614 483 688 514 564 460 William Dailey,Jr 1 1 Blanks 2380 200 250 247 340 253 293 236 318 243 Margery M.Batten was elected Moderator for a term of one year expiring in March 2000 SCHOOL COMMITTEE Susan A.Elberger 4235 295 451 456 604 415 587 483 544 400 Baine Peltz 3883 270 367 408 582 374 565 431 532 354 Stephen J.Tnpi 2378 229 248 229 276 268 330 222 295 281 Blanks 3616 346 410 391 446 415 480 364 393 371 Susan A.Elberger and Barrie Peltz were elected to the School Committee,each for a term of three years expiring in March 2000 PLANNING BOARD Anthony G. Galaitsis 2574 188 253 291 370 298 455 251 249 219 Charles Hornig 2418 178 259 243 311 227 279 264 395 262 Blanks 2064 204 226 208 273 211 247 235 238 222 Anthony G. Galaitsis was elected to the Planning Board for a term of five years expiring in March 2002, LEXINGTON HOUSING AUTHORITY Leona W Martin 3895 311 421 406 521 429 556 387 472 392 Blanks 3161 259 317 336 433 307 425 363 410 311 Leona W Martm was elected to the Lexington Housmg Authority for a term of five years expiring m March 2002. TOWN MEETING MEMBERS -PRECINCT ONE *Joel A.Adler 279 *Paul G Topahan 271 *Laura L.Boghosian 292 *Rae Zuemdorfer 222 *Jean W Cole 296 ***Carol Sampson 40 *Charles E. Shaw 311 Markus Pinney 10 *Judith L.Zabm 283 Others 16 Blanks 2540 *Elected for three years ***Elected for one year TOWN MEETING MEMBERS-PRECINCT TWO *Marian A.O Cohen 426 *Michael J O'Sullivan 429 - *Heather L.Hartshorn 424 *Alan B Wilson 450 *Manta B.Hartshorn 416 *Donald D Wilson 427 ***Katherine Kiefer 378 *James S.Wilson 401 Others - Andrew McAleer 8 John McAleer 1 Blanks 2544 *Elected for three years ***Elected for one year 281 ANNUAL TOWN ELECTION-MARCH 3, 1997, cont... 1 TOWN MEETING MEMBERS-PRECINCT THREE *Samuel Berman 363 John H. Sellars 245 *Jacqueline B.Davison 430 *Caleb Warner 406 *Carol J Grodzins 314 Isabel L.Jankelson 253 *Jeanne K.Krieger 373 David J Kessler 301 *Robert Rotberg 325 *Douglas M.Lucente 351 Blanks 1833 *Elected for three years TOWN MEETING MEMBERS-PRECINCT FOUR *Nicholas A. Cannalonga 434 *Barne Peitz 497 *David J.Hams 423 *Michael Wagner 382 *Carol B.Hartman 414 Scott F Burson 274 *Peter C.J Kelley 576 *Stephen E. Coit 483 Frederick L.Merrill,Jr 308 ***Kenneth A. Reich 361 Blanks 3226 Howard K. Shafer 254 *Elected for three years ***Elected for one year TOWN MEETING MEMBERS -PRECINCT FIVE *Marsha F.Byrnes 340 *Melinda D Vinton 341 Ira W Crowe 332 *Mary Kathryn Wolf 374 *Margaret C.Nichols 334 *Douglas C.Boyer 354 *Sam Silverman 368 *James M. Shaw 333 Blanks 2376 *Elected for three years TOWN MEETING MEMBERS-PRECINCT SIX **Cynthia L.Blumsack 453 *Sheldon A. Spector 469 *Marjorie M.Daggett 534 David E.Burns 310 *Edmund C. Grant 539 *Bebe Falhck 500 r-- *Jane Pagett 537 Ronald B Pawhczek 362 *Edith Sandy 498 ***Witham B. Simmons 410 (.... _ *Frank Sandy 480 Blanks 3737 *Elected for three years **Elected for two years ***Elected for one year TOWN MEETING MEMBERS-PRECINCT SEVEN *Marsha E.Baker 393 *Steven L. Colman 339 ***Neal E.Boyle,Jr 326 ***David G Kanter 317 *Robert G. Coyne 347 *Mary W Miley 413 *Man Garber 371 *Alan A.Wrigley 344 *Fred H.Martin 358 Shirley Farias 1 Blanks 3541 *Elected for three years ***Elected for one year TOWN MEETING MEMBERS -PRECINCT EIGHT *Richard H.Battin 525 *Morton G.Kahan 434 *Steven J Hurley 490 *Carolyn H. Tiffany 523 *Paul W.Jenkins 481 *Ehzabeth C.Whitman 348 *Donald Jenkins,Jr 481 Nancy W Madden 18 Blanks 2874 *Elected for three years r" TOWN METING MEMBERS-PRECINCT NINE *Richard L. Canale 386 *Janet M.Perry 404 *Susan R. Cusack 389 *Loretta A.Porter 372 *Susan A.Elberger 386 *Fred D Rosenberg 414 *Paul E.Mazerall 398 William Kennedy 10 ***Dawn E.McKenna 341 Kenneth Colima 1 Blanks 2522 Steven Tnpi 1 *Elected for three years ***Elected for one year A true copy. Attest: 411.41..41.-- \L".€4./ Donna M. Hooper, Town Clerk 282 Peter David Enrich, 35 Clarke Street, resigned as a Town Meeting Member from Precinct Four effective March 5, 1997 As Mr Enrich was elected to the Board of Selectmen at the Annual Town Election held March 3, 1997, he is now a Town Meeting Member At Large in accordance with Chapter 215, Section 3 of the Acts of 1929 Frederick L. Merrill, Jr., 22 Downing Road, received the highest number of votes as a defeated candidate for Town Meeting Member from Precinct Four at the Annual Town Election held March 3, 1997 As of March 10, 1997 Mr Merrill's acceptance of the position of Town Meeting Member, Precinct Four to fill the vacancy caused by the resignation of Peter David Enrich, 35 Clarke Street, has been filed with the Town Clerk. This term will expire in March 1998. — , 283 1997 ANNUAL TOWN MEETING MARCH 24, 1997 The 1997 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., in Cary Memorial Hall. A quorum of 191 members was present. The invocation was offered by Reverend Lucinda Duncan, Follen Community Church. The Moderator honored the passing of two Town Meeting members. Jason Berger and Weiant Wathen-Dunn. The Town Clerk, Donna M. Hooper, read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Return of the Warrant. The Moderator outlined procedures and conduct of Town Meeting. The Moderator announced that the financial articles will be delayed one week. The Moderator announced the articles that will be taken up at this meeting. Articles 3, 26, 29, 30, 35, 34, 33, and 32 in that order On Wednesday,March 26, 1997 articles 25, 31, 36, 37, 38, 40, 41, and 42 will be taken up in that order At 8 17 Town Counsel,Norman Cohen asked for a point of personal privilege. Having been granted, he announced that in four hours, a momentous occasion was about to take place, that the Moderator would be celebrating a significant birthday, and that we all sing her a rousing "Happy Birthday". The Moderator thanked everyone. ARTICLE 2: REPORTS OF COMMITTEES 8.18 p.m. Selectman Leo McSweeney moved that the report of the Committee on Cary Lectures be accepted and placed on file and the Committee discharged. Dana Regillo of the Committee presented the report. Following a unanimous voice vote at 8 19 p.m., the Moderator declared the report to have been accepted and placed on file and the Committee discharged. 8 22 p.m. Reverend Peter Meek and Carol Mahoney, Trustees of Cary Memorial Library, gave a report of the Trustees of the Cary Memorial Library 8.30 p.m. Marshall Derby, Chairman of LexHAB, gave a report of LexHAB ARTICLE 3: APPOINTMENTS TO CARY LECTURE SERIES 8:39 p.m. Presented by Leo P. McSweeney. MOTION: That a committee of three be appointed by the Moderator to have the charge of the lectures under the wills of Eliza Cary Farnham and Suzanna E. Cary for the current year. Following a voice vote at 8.39 p.m., the Moderator declared unanimous adoption of the motion. 284 1997 Annual Town Meeting - March 94, 1997 cont.__ ARTICLE 2: REPORTS OF COMMIT bES Presented by Leo P McSweeney MOTION- That Articles 26, 29, 30, 35, 34, 33, and 32 be taken up in that sequence; provided, however, that if any of these articles are not reached at this session, then they shall be taken up in their normal order. Following a voice vote at 8 40 p.m., the Moderator declared adoption of the motion. ARTICLE 26: NOTICE OF INTENT FEES 8 40 p.m. Presented by Joyce Miller, Conservation Commission. MOTION. That the sum of$10, 898 be appropriated to the Conservation Fund- Wetlands Interest Fees Account for the purpose of administering the Wetlands Protection Act, and to raise such amount $10,898 be transferred from the Reserve for Appropriation for Wetlands Protection Fund account. 8.41 p.m. Elizabeth Eddison,Board of Selectmen, stated approval of the Board of Selectmen. 8 42 p.m. Paul Lapointe, Appropriation Committee, stated the Appropriation Committee unanimously recommends approval. Following a voice vote at 8 42 p.m., the Moderator declared unanimous adoption of the motion. ARTICLE 29: LAND ACQUISITION-SPENCER STREET 8:43 p.m. Presented by Leo P. McSweeney MOTION: That the Selectmen be authorized to acquire by purchase, eminent domain or otherwise the land shown as Lot 2 on a plan entitled "Compiled Subdivision Plan of Land in Lexington, MA (Middlesex County)" recorded as Plan No. 1324 of 1996 in the Middlesex South Registry of Deeds, said land being located at the end of Spencer Street and being now or formerly of Augusta, for municipal purposes, and to appropriate$1.00 therefor which shall be raised in the tax levy. 8:44 p.m. Leo McSweeney, Board of Selectmen, stated unanimous support of the Board of Selectmen. 8:45 p.m. Richard Canale, Planning Board, stated unanimous support of the Planning Board. 8:45 p.m. Paul Lapointe, Appropriation Committee, stated unanimous support of the Appropriations Committee. The Moderator stated that as the article requires a two-thirds vote, if the vote is not unanimous then a standing vote will be taken. Following a voice vote at 8 45 p.m., the Moderator declared unanimous adoption of the motion. ARTICLE 30: USE OF DRIVEWAY ON GRANDVIEW AVENUE 8 45 p.m. Presented by Selectman McSweeney MOTION: That the Selectmen be and they hereby are authorized to grant a permanent easement to The Lebeau Family Trust to continue to use the existing portion of their driveway located at 19 Grandview Avenue that extends onto Lot 14D shown on Assessor's Property Map 51 for one dollar and on such other terms as the Selectmen may determine. 285 1997 Annual Town Meeting - Mareh 94, 1997 cont.__ Article 30 continued. Leo McSweeney stated unanimous support of the Board of Selectmen. 8.47 p.m. Ephraim Weiss, Pr. 5, asked for clarification of the map that was presented. Mr McSweeney asked the Moderator to recognize Marshall Derby of LexHAB The Moderator stated that as the article requires a two-thirds vote, if the vote is not unanimous then a standing vote will be taken. Following a voice vote at 8 48 p.m., the Moderator declared adoption of the motion under Article 30, by unanimous vote ARTICLE 35: LAND TRANSFER 8:50 p.m. Presented by Carolyn Wilson, Pr. 2. MOTION: With respect to the parcels described in this article, that the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, and that the Selectmen be authorized to transfer for conservation purposes and for recreational uses as approved by the Recreation Committee 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 such parcels. Carolyn Wilson, Pr 2, asked the Moderator to recognize Lynn Knight of Liberty Heights, who presented the article. 8 55 p.m Selectman Daniel Busa stated unanimous support of the Board of Selectmen. 8 55 p.m. Richard Canale stated support of the Planning Board. 8 55 p.m. Joyce Miller stated unanimous support of the Conservation Commission. The Moderator stated that as the article requires a 2/3 vote, if the vote is not unanimous then a standing vote will be taken. Following a voice vote at 8 55 p.m., the Moderator declared unanimous adoption of the motion. ARTICLE 34 IN LIEU OF TAX PAYMENTS BY LEXHAB 8 57 p.m. Presented by Dawn McKenna, Pr 9, at the request of Laurie Rice, sponsor of the motion, from Pr. 2 MOTION That LexHAB be requested to make annual payments in lieu of taxes to the Town of Lexington in an amount not less than 20% of its gross revenues to help support town services utilized by its rental units. 9:05 p.m. Marshall Derby of LexHAB stated he would like to follow precedent of the Lexington Housing Authority in its 10% contribution of gross revenue less utilities. Marshall Derby moved to amend the motion by replacing"20% of its gross revenues" with "10% of its gross revenues as reduced by utility fees and condominium fees" 9.10 p.m. Selectman Daniel Busa stated the majority of the Board of Selectmen supported the amendment. The Board, however, does not support the article. John Davies,Planning Board, stated the Planning Board's favoring of the amendment as a second choice, but recommends disapproval of the article. 286 1997 Annual Town Meeting - March 24, 1997 cont___ Susan Cusack of the Fair Housing Committee indicated the Committee's support for the amendment but opposition to the original article. Paul Lapointe indicated support of the amendment by the Appropriation Committee. Discussion on the motion made under Article 34 continued. Nicholas Santosuosso, Pr. 4, of Lexington Housing Authority, stated Housing Authority support of the amendment. Motion to amend, as offered by Marshall Derby, was delcared adopted by voice vote at 9:20 p.m. Discussion continued on the motion, as amended. Selectman Daniel Busa stated opposition of the Board of Selectmen to the amended motion. John Davies of the Planning Board stated the Planning Board's unanimous opposition. Susan Cusack of the Fair Housing Committee stated the Committee's opposition. Nicholas Santosuosso,indicated the Housing authority was opposed to the amended motion. Paul Lapointe of the Appropriation Committee stated the Committee was in favor of the motion as amended. Discussion continued. John Hayward, Pr 5 moved the previous question, at 9:29 p.m. After a voice vote at 9:29 p.m., the Moderator declared the motion not adopted. Dawn McKenna, Pr 9, served Notice of Reconsideration of Article 34 at 9:29 p.m. ARTICLE 33 AMEND CHAPTER 521 OF THE ACTS OF 1983 -LEXHAB 9.30 p.m. Presented by Michael O'Sullivan, Pr 2. MOTION: That the Selectmen be and they hereby are authorized to petition the General Court for an act to amend Section 2,paragraph(d)of Chapter 521 of the Acts of 1983 by adding the words "(and the town meeting, when the real property involved is open space or undeveloped land)" after the words "board of selectmen" 9:38 p.m. Marshall Derby, LexHAB, urged defeat of the article. 9.40 p.m. Selectman Busa stated opposition on behalf of the Board of Selectmen, stating that passage would paralyze the future efforts of LexHAB 9 41 p.m. John Davies stated the Planning Board's support of LexHAB and unanimous opposition to the motion. 9.42 p.m. Florence Baturin,Fair Housing and Human Relations Committee,stated V, opposition to the motion. 9:45 p.m. Charles Hornig, precinct 8, asked if the motion was within the scope of the article as written in the 1997 warrant as the motion does not indicate restriction to town-owned land. Town Counsel Norman Cohen and Michael O'Sullivan, maker of the motion, both expressed intent of the motion to be specific to town-owned land and wording of such when drafting legislation should the motion be adopted. Discussion continued. William Simmons, Pr. 6, moved the question at 9.53 p.m. III 287 •• • Al ►I "." 1 1 - ►4 . I •• SI After polling the meeting, with results to the affirmative, the main question under Article 33 was put. Following a voice vote at 9.57 p.m., the Moderator declared the motion not adopted. James Barry, precinct 1, stood to doubt the vote. Nineteen other members supported him, and theModerator called a standing vote on Article 33, tallied as follows. Precinct Yes No Abstain 1 7 10 0 2 9 4 0 3 1 17 0 4 4 11 0 5 15 4 0 6 7 9 0 7 10 6 0 8 9 7 0 9 7 12 0 At large 6 12 0 Totals 75 92 0 Less than the required majority having voted in favor, the motion was not adopted. Michael O'Sullivan, Pr 2, served notice of reconsideration of article 33 at 9 59 p.m. ARTICLE 32 ACCEPT CHAPTER 60, SECTION 3C OF M.G.L. r-- 9.59 p.m. David Williams,Pr 5, and Thomas Fenn, Pr 9, presented the motion. MOTION. That the Town accept Section 3C of Chapter 60 of the Massachusetts General Laws. 10.08 p.m. Mr Fenn,requested that the Moderator recognize Robin Glade, of the PTA Scholarship Committee,who spoke from the balcony in favor of the article. 10 11p.m. Selectman Elizabeth Eddison stated unanimous support of the Board of Selectmen. 10.11p.m. Paul Lapointe stated that, by a narrow margin, the Appropriation Committee supported the motion. Discussion continued. After a voice vote at 10 19 p.m., the Moderator declared the motion adopted. Leo McSweeney, Chairman of the Board of Selectmen,moved that the meeting be adjourned until Wednesday, March 26, 1997 at 8 00 p.m., at Cary Memorial Hall. Adopted by voice vote. 10:20 p.m. A true copy. Attest: . F Ir Donna M. Hooper, Town t lerk 288 ADJOURNED SESSION- 1997 ANNUAL TOWN MEETING MARCH 26, 1997 The meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., in Cary Memorial Hall. A quorum of 174 members was present. The Moderator announced a recess in order for Representative Jay R. Kaufman to introduce the National Merit Finalists from Lexington High School. Assisted by Philip Lanoue, Principal of Lexington High School, Mr Kaufman presented a certificate to each of the finalists. --, 8:07 p.m. The Moderator called the meeting to order and explained that articles 25, 31, 36, 37, 38, 40, 41, and 42 would be taken up in that sequence. If not addressed this evening, the articles would be taken up in the order as listed in the warrant. The Moderator reviewed the rules and procedures for debate, especially for citizen participation as some citizens were in the balcony and have indicated they wished to speak. ARTICLE 2: REPORTS OF COMMITTEES 8.09 p.m. Michelle Ekanem, Chairman of the Fair Housing and Human Relations Committee gave the report of the committee 8 11 p.m. Presented by Leo McSweeney, Chairman of the Board of Selectmen. MOTION That Articles 25, 31, 36, 37, 38, 40, 41, and 42 be taken up in that sequence; provided, however, that if any of these articles are not reached at this session, then they shall be taken up in their numerical order Following a voice vote at 8.11 p.m., the Moderator declared unanimous adoption of the I motion. ARTICLE 25 AMEND ARTICLE XXXII OF GENERAL BY-LAWS WETLAND PROTECTION presented the following motion and 8.12 p.m. Joyce Miller, Chair of the Conservation CommissionAasked the Moderator (Approved by to recognize Philip Hamilton, member of the Commission to present theme Atty. General article. Scott Harshbarge4MOTION• That Article XXXII of the General by-Laws (Wetland Protection) July 18, 1997. be amended as set forth in a document filed with the Town Clerk on March 20, Posted in 1997 Town Office Bldg. and nine precincts.) Sect. 8 NOT Article=GI be amended as follows. Approved. Posted Aug. 11, 1997 Legend. Addition i\V111V V Gtl INSERT PURPOSE �^ The purpose of this By-Law is to preserve andprotect the wetland resource areas and buffer J zones of the Town of Lexington by regulation of and control of activities deemed by the Conservation Commission to have significant or cumulatively detrimental effect upon the following interests and values, including but not limited to:public or private water supply; ground water supply; the prevention and control of flooding, erosion or sedimentation, storm damage, other water damage and/or pollution; the protection of surrounding land and other homes or buildings, aquatic life or wildlife, streams,ponds or other bodies of water, and recreation. 289 Adiourned Session- 1997 Annual Town Meeting cont. .-March 26. 1997 REVISED SECTION 1 No person shall remove,fill, dredge,build upon or alter any bank, freshwater wetland, marsh, bog, wet meadow, swamp, creek, river, stream, pond,or lake or vernal pool, or any land under said waters, m any laud defined;any land subject to flooding, u.u..dat;ui,or any land bordering thereon as hereinafter defined, other than in �-- the course of maintaining,repairing or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public and used to provide electric,gas,water,telephone,telegraph and or other tele-communication services without first filing written notice of his intention to so remove, fill, dredge, alter or build upon,including such plans as may be necessary to fully describe such proposed activity and its effect on the environment and without receiving and complying with a permit issued by the Conservation Commission. REVISED SECTION 2 The Conservation Commission shall hold a public hearing on the proposed activity within 30 days of the receipt of said notice. Notice of the time and place of said hearing shall be given by the Conservation Commission at the expense of the applicant, not less than five days prior to such hearing by publication in a newspaper of general circulation in Lexington, and by delivering or mailing a notice thereof to the applicant, to the Board of Health, Board of Selectmen,the Town Engineer and the Planning Board,to-aLullc. uftl1c.laud (ao by tL.r...i.L i ,.,,i aZJQJJ.,1ta u i.ui s) ,,.. wlu�l� a..pi upu ac..d talk play.,and to such other persons as the Conservation Commission may determine. Notice of the time and place of said hearing shall be given by the applicant, not less than five days prior to such hearing, to abutters within 100 feet of the land(as determined by the most recent assessor's records)on which the proposed activity is to take place. The Conservation Commission, the Town Manager,the Town Engineer,the Planning Board,their agents, officers and employees may enter upon privately owned land without liability of any kind for the purpose of performing the duties under this Section. REVISED Section 2.1 g after said hearing, the Conservation Commission determines that the land on which the proposed work is to be done is probably significant to public or private water supply,to the ground water supply, to flood control, to control of erosion or sedimentation, to storm damage prevention, to other water damage prevention, to the prevention of pollution,to the protection of surrounding land and other homes or buildings, to aquatic life or wildlife, or to the protection of streams, ponds or other bodies of water, or to the protection of recreation, the Commission shall, by written order, within 21 days or such further time as the Commission and the applicant shall agree on, impose such conditions as are reasonably necessary for the protection of the interestsdescribed herein and all work shall be done in accordance therewith. The conditions may include a condition that certain land or portions thereof not be built upon or altered, filled or dredged, that streams not be diverted, dammed or otherwise disturbed. NO CHANGE Sections 2.2 REVISED Section 2.3 The Conservation Commission shall not impose additional or more stringent conditions as a result of any hearing conducted by it pursuant to General Laws, Chapter 131, Section 40 than it has imposed pursuant to the provisions of this By-Law, nor shall it require from an applicant who filed a notice .,f .,,Notice of Intent pursuant to General Laws, Chapter 131, Section 40 additional materials or data than is required of him pursuant to the application filed under this By-Law. NO CHANGE Sections 3, 4& 5 290 Adiourned Session- 1997 Annual Town Meeting cont. -March 26. 1997 REVISED SECTION 6 The applicant shall have the burden of proving by a preponderance of the credible evidence that the work proposed by him in his notice of intention will not cause significant harm individual or cumulative harmful effects to the interest sought to be protected by this By- Law In assessing cumulative harmful effects, the Commission may consider the likely long- term effects of the proposed work as well as the likely effects of the proposed work when taken in conjunction with any prior work and any contemplated future work in the affected area. Failure to provide to the Conservation Commission adequate evidence for it to �, determine that the proposed work does will not cause significant harm to the interest sought to be protected by this By-Law shall be sufficient cause for the Conservation Commission to deny such permit or to grant such permit with such conditions as it deems reasonably necessary or desirable to carry out the purposes of this By-Law or to postpone or continue the hearing to another date certain to enable the applicant and others to present additional evidence, upon such terms and conditions as seems to the Commission to be just. NO CHANGE SECTIONS 7 REVISED Section 7 1 The term "applicant" as used in this By-Law shall mean a person giving notice „f Notice of Intent to build, remove, fill, dredge or alter NO CHANGE Section 7.2 REVISED Section 7.3 The terms marsh, freshwater wetland, swamp, wet meadow and bog as used in this By-Law shall be defined as set forth in Massachusetts General Laws Chapter 131, Section 40 The boundary of these wetlands is either the line within which fifty(50)percent or more of the vegetation community consists of wetland plant species identified in Massachusetts General Laws Chapter 131, Section 40 or the line within which the soil conditions meet the technical criterion of a hydric soil as developed and revised by the National Technical Committee for Hydric Soils, whichever line or segment of line protects more wetlands in situations where two lines exist. The term land subject to flooding shall be defined as set forth in 310 CMR 10.57. NO CHANGE Section 7 4 & 7 5 REVISED Section 7.6 (a) 100 feet horizontally lateral from the edge of any bog, marsh, meadow or swamp bordering on a creek, river, stream, pond, lake or, wetland or from the edge of any vernal pool or any isolated land subject to flooding. (b) 100 feet horizontally lateral from the water elevation of the 100 year storm or whichever is the greater distance of(a) or(b). NO CHANGE Section77 INSERT SECTION 8 Disapproved Upon receipt of a permit application, the Conservation Commission is authorized to require by Atty. an applicant to pay a fee for the reasonable costs and expenses borne by the Commission Gen. for specific expert engineering and other consultant services deemed necessary by the July 18,19 9 7 Commission to come to a final decision on the application. The specific consultant services 291 Adjourned Session- 1997 Annual Town Meeting cont. -March 26. 1997 may include but are not limited to resource area survey and delineation, analysis of resource area values, including wildlife habitat evaluations, hydrogeologic and drainage analysis, and environmental or land use law. The Commission may require the payment of the consultant fee at any point in its deliberations prior to a final decision. The applicant shall pay the fee to be put into a consultant services account of the Commission, which may be drawn upon only by the Commission for specific consultant services approved by the Commission at one of its public meetings. The exercise of discretion by the Commission in making its determination to require the payment of a consultant fee shall be based upon its reasonable finding that additional information acquirable only through outside consultants would be necessary for the making of an objective decision. The Commission shall return any unused portion of the consultant fee to the applicant unless the Commission decides at a public meeting that other action is necessary. Any applicant aggrieved by the imposition of or size of the consultant fee, or any act related thereto, may appeal according to the provisions of the Massachusetts General Laws. The maximum consultant fee charged to reimburse the Commission for reasonable costs and expenses shall be according to the following schedule: Project Cost Maximum Fee UP TO$500,000 $2,500 $ 500,001 - $1,000,000 $5,000 $1,000,001 - $1,500,000 $ 7,500 $1,500,001 - $2,000,000 $10,000 For each additional$500,000 increment in project cost(over$2,000,000), the maximum consultant fee shall be increased by an additional$2,500 The project cost means the estimated entire cost of the project, including but not limited to building construction, site preparation, landscaping, and all site improvements. The consultant fee shall be paid pro rata for that portion of the project cost applicable to those activities within resource areas protected by this by-law. The project shall not be segmented to avoid being subject to the consultant fee. The applicant shall submit estimated project costs at the Commission's request, but the lack of such estimated project costs shall not avoid the payment of the consultant fee. SECTION 8 BECOMES SECTION 9 -NO CHANGE INSERT SECTION 10 All Orders of Conditions shall expire three years after the date of issuance. The Conservation Commission shall have the authority to extend an order of conditions for an additional period or may deny such extension, according to regulations promulgated under authority of this By-Law. For good cause, the Conservation Commission at a public hearing may revoke or modem an Order of Conditions or a Determination of Applicability issued under this By-law, after notice to the holder of the Order of Conditions or Determination, and notice to the public, abutters and town boards, pursuant to Section 2. Good cause for such revocation or modification shall include the following: (a) Failure by the applicant or his successors to comply with the terms of the Order of Conditions or Determination of Applicability; 292 Adiourned Session- 1997 Annual Town Meeting cont. -March 26, 1997 (b) The receipt of new information relating to the project, which indicates that previous information presented to the Conservation Commission was inaccurate; or (c) Changes to the project after completion of the Conservation Commission's review. SECTION 9 BECOMES SECTION 11 -NO CHANGE SECTION 10 BECOMES SECTION 12 -NO CHANGE Mr Hamilton summarized five significant changes to the by-law, including changes to consultant fees, shifting responsibilities to applicants, protected resource areas, designation of additional interests, and modifying/revoking order of conditions. 8.24 p.m. Selectman Eddison stated unanimous support of the Board of Selectmen. Discussion followed. Questions were raised regarding issues around land subject to flooding, vernal pools, and requirements for notifying abutters. Anne Ripley,Pr. 6, submitted an amendment to change the requirement for a five day advance notification to abutters to fifteen day advance notification. After discussion and an explanation by William Hamilton of the Conservation Commission that the 15 day advance notice would be unworkable, Anne Ripley withdrew her amendment. Following a voice vote at 8.38 p.m., the Moderator declared adoption of the motion. - , ARTICLE 31 LEGISLATION/TOWN WIDE REFERENDUM VOTE 8.38 p.m. Selectman Daniel Busa requested that Article 31 be taken up at this time and asked the Moderator to recognize Stephen Tripi, Pr 8, for presentation of the motion. MOTION. That the Selectmen be and they hereby are authorized to petition the General court for an act which would require a town-wide referendum vote for the approval of any fiscal year's operating budget exclusive of line items funded by enterprise funds, which exceeds the prior fiscal year's operating budget by more than three percent. 8 41 p.m. Mr Tripi presented the article. He commented about the lack of effectiveness of Proposition 2 'h in the cost of government in Lexington. He requested that the members support the motion. 8 44 p.m. Selectman Peter Enrich stated that a majority of the Board of Selectmen opposed the motion and that it would be an unworkable restraint on the Town's decisionmaking. 8 45 p.m. Paul Lapointe, Chairman of the Appropriation Committee, announced the _J Committee was unanimously opposed to the motion. He explained that sufficient checks and balances existed in the budget process. 8.48 p.m. Perry Pollins, 14 Peachtree Road and a resident of Pr 5, spoke from the balcony in support of the motion. 8 51 p.m. Charles Shaw, Pr. 1, spoke in support of the motion and requested a roll call vote. • 293 Adiourned Session- 1997 Annual Town Meeting cont. -March 26. 0997 The Moderator declared that with fifty members standing in support of a roll call vote, a roll call was in order when the vote is taken. 9.00 p.m. Priscilla Diamond, Pr 6, asked Town Counsel Norman•Cohen what decisions made at town meeting are currently subject to'''il town-wide referenda. 9.02 p.m. William Simmons, Pr 6, spoke in support of the motion. 9.03 p.m. Albert Zabin, Pr 1, spoke in support of representative town meeting and against the motion. Additional speakers against the motion were Peter Diamond, Pr 6, Carolyn Tiffany, Pr.8,Edith Sandy, Pr 6, Heather Hartshorn, Pr.2, Richard Eurich, Pr.3, and Marsha Byrnes, Pr 5 Additional speakers in favor of the motion were. Mr Geza Szonyi of 177 Cedar Street, Jim Travers of 21 Chadbourne Rd., Neal Boyle, Pr 8, John Hayward, Pr 5, Dennis O'Connor, Pr 6, James Barry, Pr 1, and Robert Cohen, Pr.3 9:30 p.m. Marsha Baker, Pr 7, moved the question. Following a voice vote, the Moderator declared the main motion to be put before the Meeting. 9:31 Stephen Tripi presented summary comments. 9.32 The Town Clerk tallied the roll call vote as follows. Yes No Abstain Absent Precinct 1 10 8 3 Precinct 2 4 16 1 Precinct 3 6 11 4 Precinct 4 4 15 2 Precinct 5 5 14 2 Precinct 6 2 17 2 Precinct 7 4 15 2 Precinct 8 4 15 2 Precinct 9 6 15 At Large 2 3 4 Total 47 129 4 18 The motion did not pass.. -94 Adiourned Session- 1997 Annual Town Meeting cont. -March 26. 1997 Member Yes No Ab- Ab- Member Yes No Ab- Ab- stain sent stain sent At Large Timothy P Ennght X Margery M.Battm X Leonora K.Feeney X Daniel P Busa,Jr X Karen Gray X i Norman P Cohen X Heather L.Hartshorn X , Elizabeth B.Eddison X Manta B.Hartshorn X „..., Peter David Enrich X Myla Kabat-Zinn X Dan H.Fenn,Jr X Katherine Kiefer X Donna M.Hooper X Paul H.Lapointe X Jay R.Kaufman X Dame!A.Lucas X Leo P McSweeney X Barry Orenstein X Michael J O'Sullivan X Precinct 1 Rene D Van-in X Joel A.Adler X Chnstma J Welch X Nancy M.Adler X Alan B.Wilson X James E.Barry X Carolyn C.Wilson X Laura L.Boghosian X Donald D Wilson X Mary Bowes X James S.Wilson X John P Breen X Francis P Busa X Precinct 3 Jean W Cole X Samuel Berman X Jonathan G.Cole X John P Carroll X John E. Curry X Robert N.Cohen X Joseph J Dim • X Bruce Collier X Marsha S.Goldberg X Jacqueline B.Davison X Nancy C.Gordon X Richard R.Enrich X Barry E. Sampson X Shriley Rauson X Frawley Carol J Sampson X Carol J Grodzms X Charles E. Shaw X Gloria V Holland X Thomas B. Sullivan X Paul E.Keane X Paul G.Topahan X Jeanne K.Kreger X Albert P Zabin X Douglas M.Lucente X Judith L.Zabin X Marjorie K.Madoff X Rae Zuemdorfer X Marilyn K.Mairson X Enc Jay Michelson X Precinct 2 Mary E.Neumeier X Marian A.O Cohen X Richard L.Neumeier X Robert W Cunha X Paul J Rose X Thomas R.Diaz X Robert Rotberg X Karen A.Dooks X Francis W.K.Smith X Caleb Warner X 295 Adiourned Session- 1997 Annual Town Meeting cont. -March 26. 1997 Member Yes No Ab- Ab- Member Yes No Ab- Ab- stain sent stain sent Precinct 4 James M. Shaw X i Nyles Nathan Barnert X Sam Silverman X Nancy M.Cannalonga X Charles T Vail X 7 Nicholas A.Cannalonga X Melinda D Vinton X Donald A.Chisholm X Ephraim Weiss X Stephen E.Coit X David G.Williams X Ronald W Colwell X Mary Kathryn Wolf X John L.Davies X David J.Harris X Precinct 6 Carol B.Hartmann X Michael R.Bany X Peter C.J Kelley X Suzanne E.Barry X Frederick L.Merrill,Jr X Florence A.Baturin X Barrie Peltz X Cynthia L.Blumsack X I Margaret F Rawls X Marjorie M.Daggett X Kenneth A.Reich X Marshall J Derby X Nicholas Santosuosso X Peter Diamond X Sandra J Shaw X Pnscilla Diamond X Ruth S.Thomas X Bebe Fallick X Judith J Uhng X Edmund C.Grant X Michael Wagner X David L.Kaufman X Jeannette P Webb X Alan J Lazarus X Martin K.White X Dennis M.O'Connor, X Jr Jane Pagett X Precinct 5 Richard Pagett X Douglas C.Boyer X Anne A.Ripley X Marsha F Byrnes X Edith Sandy X Howard Cravis X Frank Sandy X Wallace Cupp X William B. Simmons X Irene M.Dondley X Sheldon A. Spector X Elaine Dratch X John S.Willson X Andrew J Friedhch X f— Joseph F Gilbert,Jr X Precinct 7 Paul E.Hamburger X Catherine M.D Abbott X John Hayward X Marsha E.Baker X Sally S.Huebscher X Neal E.Boyle,Jr X Carol A.Liff X George A.Burnell X 1 Margaret C.Nichols X Steven L.Colman X Samuel L.Powers X Clark A.Cowen X 296 1 Adjourned Session- 1997 Annual Town Meeting cont. .-March 26. 1997 Member Yes No Ab- Ab- Member Yes No Ab- Ab- stain sent stain sent Precinct 7 cont.. Precinct 9 Robert G.Coyne X Alice J Adler X Robert M.Farias X Richard L.Canale X Audrey J Fnend X Michelle L.Ciccolo X Alan Garber X Anthony B.Close X Gordon M.Hardy X Margaret E.Coppe X David G.Kanter X Susan R.Cusack X Jonathan S.Lederman X Susan A.Elberger X Fred H.Martm X Thomas 0 Fenn X Mary W Miley X Frank J Kava X David G.Miller X Louise V T Kava X Joyce A.Miller X Janice A.Kennedy X John E.Taylor X Henry Norman Manz X James C.Wood,Jr X Paul E.Mazerall X Martha C.Wood X Dawn E.McKenna X Alan A.Wngley X Isabel H.Mroczkowski X Janet M.Perry X Precinct 8 Richard M.Perry X Richard H.Baton X Loretta A.Porter X Roger F Borghesam X Fred D Rosenberg X Elizabeth J Bryant X Richard Schaye X Florence E.Connor X Michael E. Schroeder X John T Cunha X Anne E.Frymer X Diana T Garcia X Ione D Garmg X Charles Hornig X TOTAL VOTE 47 129 4 18 Steven J Hurley X Donald Jenkins,Jr X Paul W Jenkins X Morton G.Kahan X Alan Mayer Levine X --z Y Richard A.Michelson X .rr H.Bigelow Moore X James A.Osten X Margaret Bradley X Schwartz Carolyn H.Tiffany X Elizabeth C.Whitman X Robert V Whitman X 1 1 297 Adiourned Session- 1997 Annual Town Meeting cont. -March 26, 1997 ARTICLE 36: TOWN GOALS RELATING TO HANSCOM DEVELOPMENT 9-54 p.m. Presented by Carolyn Tiffany, Pr 8 MOTION-Move that the Town vote to adopt the following set of goals to guide the actions of the Board of Selectmen, the Planning Board, and other town Officials in dealing with issues relating to the future use and development of Hanscom Field by the Massachusetts Port Authority Goals: 1 To protect the national historical and cultural heritage of this area, recognizing that our towns are the nation's birthplace and as such have a unique and higher responsibility in addition to the normal municipal and commercial interests and claims. 2. To protect the character and quality of life of Lexington. 3 To prevent the increased noise, ground traffic and environmental pollution that would result from land development, the expansion of air traffic at Hanscom Field or changes in the character and use of the airport. 4. To protect our town and our residents from any significant financial costs or loss of economic opportunity caused by land development or aviation operations at Hanscom Field. 5 To ensure that Lexington is recognized as a town that is affected by any land development at Hansomm Field, no matter in which community that development takes place, and is thus subject to the land use policy statement of Massport's Master Plan for Hanscom Field. 6. To work diligently to mitigate the impact of existing Hanscom related noise and ground traffic conditions in our area. 7. To negotiate a binding agreement with Massport which would ensure full and equal participation by the town in any and all decisions that could result in aviation or other expansion, development, or changes in the character or use of Hanscom Field. 10:04 p.m. Selectman Dan H. Fenn, Jr stated the unanimous support of the Board of Selectmen. 10-05 p.m. Richard Canale moved to file with the Town Clerk the report of the Planning Board,"Land Use in Relation to the Hanscom Area Master Plan Study" and requested that the report of the Board be accepted and placed on file. The report was accepted and placed on file. He stated unanimous support of the Planning Board for this motion. Kenneth Reich, Pr.4, has filed with the Town Clerk a letter stating he is abstaining from voting on all Hanscom Field articles - Article 36, 37, and 38 10:07 p.m. After a voice vote,the Moderator declared unanimous adoption of the motion under Article 36 ARTICLE 37. PLANNING AND LEGAL SERVICES -HANSCOM 10-08 p.m. Presented by Margaret Coppe, Pr 9 MOTION That the town support the action of the Board of Selectmen of setting aside the sum of$25,000 from the regular budget, to be used for, but not limited to, planning consultants, legal counsel, or other professional assistance deemed necessary by the Selectmen to protect the Town's interest in connection with the future use and development of Hansom Field. 10:09 p.m. Selectman Dan H. Fenn, Jr. stated that the Board unanimously supports the motion. 10:09 p.m. Richard Canale declared unanimous support of the Planning Board. _ a98 Adiourned Session- 1997 Annual Town Meeting cont. -March 26. 1997 10.10 p.m. Ronald Colwell stated unanimous support of the Appropriation Committee. 1010 p.m. After a voice vote the Modertor declared unanimous adoption of the motion. (Kenneth Reich, Pr 4, has filed with the Town Clerk a letter stating he is abstaining from voting on all Hanscom Field articles-Article 36, 37, and 38 ) 1 ARTICLE 38 HANSCOM AGREEMENTS APPROVAL BY TOWN MEETING 10.11 p.m. Presented by Andrew Friedlich, Pr. 5 Motion. I move that the following apply to all future development at Hanscom Field. 1 That the HATS representatives and/or the Board of Selectmen keep Town Meeting apprised of Hanscom Field issues by reporting regularly to the Town Meeting of the Town Meeting Members Association Executive committee on their activities regarding Hanscom Field. 2. That any agreement negotiated between HATS and/or the Board of Selectmen and MassPort on specific proposals at Hansom Field be brought to Town Meeting for a vote or a resolution of approval prior to ratification. 3. That it is the view of Town Meeting that MassPort conform to local zoning regulations with respect to any development at Hanscom Field. 10 14 p.m. Mr. Friedlich asked the Moderator to recognize former Town Meeting Member Julian Bussgang to discuss past experience with Hanscom issues. Mr Bussgang urged a favorable vote. 1017 p.m. Selectman Dan H. Fenn, Jr stated the importance of the community and Board of Selectmen working together on Hanscom issues and that the views of town meeting are very helpful to the Board of Selectmen. The Board of Selectmen unanimously supports the motion. 10 18 p.m. Richard Canale stated unanimous support of the Planning Board. 10:20 p.m. Mr. Friedlich asked the Moderator to recognize Florence Koplow of 9 Brent Road to speak in support of the article. 10:28 p.m. Jacqueline Davison, Pr 3 rose to acknowledge the leaders against Hanscom expansion. 10:30 p.m. Jonathan Lederman, Pr 7 moved the question. Following a voice vote at 10:30 p.m. the Moderator stated the question to be put before the Meeting. 10:30 p.m. After a voice vote, the Moderator declared adoption of the motion. (Kenneth Reich, Pr 4, has filed with the Town Clerk a letter stating he is abstaining from voting on all Hanscom Field articles- Article 36, 37, and 38 ) ARTICLE 40 RETIREMENT BOARD MILITARY SERVICE BUY-BACK 10:31 p.m. Presented by Robert Cunha, Pr 2. MOTION- That the provisions of Chapter 71 of the Acts of 1996 which provides that members in service and who are veterans, as defined in Section 1 of Chapter 32 of the General Laws may purchase up to four years of creditable service corresponding to their periods of active service in the armed forces, be accepted. Robert Cunha explained that the Retirement Board had retained an actuarial to ascertain potential costs of enactment chapter 71 of the Acts of 1996 He also indicated that to date approximately 44 of 106 Massachusetts retirement systems have adopted Chapter 71 299 Adiourned Session- 1997 Annual Town Meetinn cont. -March 26. 1997 Employees of Lexington Public Schools qualify for military credit buy-back through the state retirement system. Passage of this motion would help to bring equity to municipal/school employees. 10:34 p.m. Selectman Elizabeth Eddison stated the unanimous support of the Board of Selectmen. 10:34 p.m. Paul LaPointe stated the unanimous support of the Appropriation Committee. 10:35 p.m. Carol Grodzins, Pr.3, questioned the merits of passage of this motion. After some discussion, at 10:35 p.m. John Hayward, Pr 5 moved the question. The Moderator put the question to the members, who voted in the negative. Discussion continued. 10:36 p.m. Mr Cunha asked the Moderator to recognize Actuary, Barry Gilman, of William Mercer Co., to answer further questions and projecting costs. 1045 p.m. Selectman Daniel Busa explained that the Town would experience lower payroll costs with replacement of long-time employees who retire with lower salaried persons. He also explained that buy-back provisions require employees to make payments for years being purchased. Following a voice vote the Moderator 10 48 p.m. Sheldon Spector,Pr. 6 moved the question. declared the motion before the Meeting. 10.49 p.m: Following a voice vote, the moderator declared adoption of the motion. VIR 10 49 p.m. Jane Pagett,Pr 6 rose to doubt the vote, at least 20 members rose in support, thus requiring a standing vote, which tallied as follows. Precinct • No 1 8 4 2 10 1 3 4 11 4 3 11 5 9 7 6 5 10 7 5 3 8 10 3 9 12 3 At Large 15 2 Totals 81 60 10.51 p.m. The moderator declared the adoption of the motion. 10 51 p.m. Carol Grodzins,Pr 3 served Notice of Reconsideration. ARTICLE 41 RETIREMENT BOARD MEMBERS COMPENSATION 10.53 p.m. Presented by Robert Cunha,Pr 2. MOTION That this article be indefinitely postponed. After a voice vote at 10:53 p.m. the Moderator declared adoption of the motion. 1054 p.m. Leo McSweeney, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Monday, March 31, 1997, at 8 00 p.m., in Cary Memorial Hall. Following a voice vote at 10:55 p.m., the Moderator declared the meeting to be adjourned. A true copy Attest: Donna M. Hooper, Towklerk 300 ADJOURNED SESSION - 1997 ANNUAL TOWN MEETING MARCH 31, 1997 On a stormy, snowy evening, Moderator Margery M. Battin called the third session of the 1997 Annual Town Meeting to order at 8:00 p.m., in Cary Memorial Hall. The Moderator questioned the presence of a quorum. Town Clerk Donna M. Hooper stated that a quorum was not present. (Those in attendance were: Moderator Margery M. Battin; Town Clerk Donna M. Hooper; Selectman Leo P. McSweeney; Town Counsel Norman P. Cohen; Town Manager Richard J. White; and William Hadley, Department of Public Works.) 8 01 p.m. Leo McSweeney, Chairman of the Board of Selectmen, moved that in the absence of a quorum the meeting be adjourned until Wednesday, April 2, 1997, at 8 00 p.m., in Cary Memorial Hall. Following a voice vote at 8 02 p.m., the Moderator declared the meeting to be adjourned. A true copy. jalvitt4-111 \-1/1,1-41 Attest: Donna M. Hooper, Town derk 301 1 ADJOURNED SESSION- 1997 ANNUAL TOWN MEETING APRIL 2, 1997 The fourth session of the 1997 Annual Town Meeting was called to order by Moderator Margery M. Battin at 8:05 p.m., in Cary Memorial Hall. A quorum of 172 members was present. The Moderator acknowledged the assistance of the Department of Public Works who made it possible for her to reach Cary Hall during the blizzard on Monday, March 31, 1997 to convene and adjourn Town Meeting. The Moderator explained the evening's articles to be addressed, with financial articles taken up in numerical order except for article 23. Article 24 will be taken up after article 39, and article 27 will be taken up on April 14, article 28 on April 16. Members were reminded that under Article 4, the final budget cannot exceed the limits of proposition 21 . The Moderator reviewed the procedure for article 4, explaining that the vote on Article 4 will be taken immediately after the final line item. Paul Lapointe, chairman of the Appropriation Committee, will move notice of reconsideration of Article 4 after the vote is taken. Individuals wishing to serve notice of reconsideration on individual line items shall do so within the required 30 minutes of vote on Article 4. ARTICLE 2. REPORTS OF COMMITTEES 8:08 p.m. The Moderator recognized Dr. Jeffrey Young, Superintendent of Schools, who reported on Chapter 766 - Special Education. 8:20 p.m. - Chairman Leo McSweeney requested the Moderator to recognize the Town --- Manager, Richard J. White to present the report of the Town Manager. 8:30 p.m. Chairman McSweeney moved to accept and place on file the report of the Town Manager. 8:32 p.m. Following a unanimous voice vote at 8:32 p.m., the Moderator declared the report of the Town Manager accepted and placed on file. 8:32 p.m. Karen Dooks, Chairman of the Capital Expenditures Committee, moved that the report of the Capital Expenditures Committee accepted and placed on file. 8:37 p.m. Following a unanimous voice vote at 8:32 p.m., the Moderator declared the report of the Capital Expenditures Committee accepted and placed on file. 8:38 p.m. Paul Lapointe, Chairman of the Appropriation Committee, moved that the report of the Appropriation Committee be accepted and placed on file. Mr. Lapointe recognized contributions of past and present members of the Committee and assistance of John Ryan, Finance Director. 8:47 p.m. Following a unanimous voice vote at 8:47 p.m. the Moderator declared the report of the Appropriation Committee accepted and placed on file. ARTICLE 4: OPERATING BUDGET 8:48 p.m. Presented by Chairman Leo P. McSweeney MOTION: That the following amounts be appropriated for the ensuing fiscal year and be raised in the tax levy except where a transfer is indicated they shall be provided by such a transfer. 302 Adjourned Town Meeting- April 2, 1997 cont.. 8:49 Barrie Peitz, School Committee Chairman, presented comments on School Department financial requests. Ms. Peltz explained that line item 1100 and Articles 22 and 23 were three vital components of a broad design for service levels and capital expenditures. 8:52 Ms. Peitz requested the Moderator recognize Superintendent of Schools Dr. Jeffrey Young for a formal presentation. Dr. Young presented an overview summary of budget increases and reviewed a summary of the 1998 budget requests. I Education .J 1100 Lexington Public Schools $42,403,743 (And further that the School Department is authorized to enter into equipment lease/purchase agreements from time to time provided that each such agreement is subject to annual appropriations.) 1200 Minuteman Regional School 721,950 9:05 p.m. Presented by Jane Pagett, Lexington representative to the Minuteman Regional School. Ms. Pagett recommends approval of line item 1200 at the requested amount. Ms. Pagett has concerns about the budget, but in the short term, requests Lexington make payments to Minuteman in accordance with the previously negotiated agreement. 9:15 p.m. Paul Lapointe, Appropriation Committee Chairman, spoke to acknowledge the outstanding work of Jane Pagett as the Lexington representative to Minuteman. He also expressed the concerns of the Appropriation Committee: 1. Minuteman's cost structure is still too high, its spending over twice the -+ foundation budget for vocational schools as identified by the state; 2. Minuteman's practice of estimating revenues fails to budget revenues --1 such as tuition, choice students from other towns, interest income, etc. 3. Minuteman's fund balance growth from 15% to 32%; 9:23 p.m. Mr. Lapointe presented the following substitute motion for line item 1200: MOTION: With respect to the FY 1998 Budget and $721,950 assessment proposed by the Minuteman Regional Vocational School Committee, I move that Town Meeting take the following actions: 1. Reject the proposed budget and assessment because: a. Minuteman's costs remain too high relative to several benchmarks. b. Minuteman's proposed budget does not include over $3 million the District will collect in FY 1998. c. Minuteman's fund balances are extraordinarily high. d. Minuteman has no policy regarding fund balances and cash reserves. 2. Appropriate $51,365 to a separate line item for the Middle School program Minuteman conducts in the Lexington middle schools. 3. Appropriate $470,585 to Line Item 1200 for Lexington's FY 1998 Minuteman assessment. 4. Appropriate $200,000 to a separate line item as a Minuteman assessment reserve, said reserve to be allocated to Line 1200 only at such time and in such amount as may be required to pay Lexington's FY 1998 assessment as finally voted by the Minuteman School Committee. 9:23 p.m. Mr. Lapointe explained justification for passage of this amendment. 9:25 p.m. Nyles Barnert, former Chairman of Minuteman's School Committee, spoke in opposition to the substitute motion. Adjourned Town Meeting- April 2, 1997 cont. 9:28 p.m. Sam Silverman, Pr.5, questioned if the action had been coordinated 303 with the six other communities and impact on the budget if six communities didn't come to agreement. Mr. Lapointe explained that Arlington, Belmont and Lexington finance committees have been working together and will inform the other communities. 9:33 p.m. Thomas Diaz, Pr.2, sought clarification from Ms. Pagett about the one-town one-vote policy. 9:36 p.m. Bruce Collier, Pr.3, spoke in support of the substitute motion 9:40 p.m. Kenneth Reich, Pr.4, sought clarification from Town Counsel Norman P. Cohen regarding the current Minuteman agreement. 9:45 p.m. Marita Hartshorn, Pr.2, spoke in support of the substitute motion. 9:47 p.m. Selectman Leo McSweeney stated that the Board had discussed the Minuteman budget at length and has met with Superintendent Ron Fitzgerald. The Selectmen support the motion as originally stated and oppose the substitute motion. 9:50 p.m. George Burnell, Pr.7, spoke of the importance of the Minuteman school and his concerns that its school committee was unyielding. Mr. Burnell -requested support of the substitute motion of the Appropriation Committee. 9:51 p.m. After a voice vote the Moderator declared the substitute motion adopted and now part of the main motion. Employee Benefits 2110 Contributory Retirement3,121,803 (Of which $65,762 is to be transferred from the Water Enterprise Fund and $16,441 is to be transferred from the Sewer Enterprise Fund.) 2120 Non-Contributory Retirement 183,036 2130 Insurance 575,854 (Of which $46,074 is to be transferred from the Water Enterprise Fund, $11,519 is to be transferred from the Sewer Enterprise Fund and $50,995 is to be transferred from the Health Trust.) (and further that amounts appropriated in this article for employee health and life insurance shall be transferred to this account 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 compensation plan.) 2140 Unemployment Benefits 2150 Police/Fire Medical 50,000 52,393 Deht er ee 2210 Payment on Funded Debt 2220 Interest on Funded Debt 2,191,000 2230 Temporary Borrowin 377,029 g 2240 Exempt Debt 77,250 1,100,500 tin A_cies 2310 Reserve Fund 2320 Municipal Salary Adjustments 150,000 (Of which $10,520 is to be transferred from the Water Enterprise Fund and 87,279 $4,361 is to be transferred from the Sewer Enterprise Fund.) (Such sum of$187,279 is appropriated to fund cost items (a) included in collective bargaining ga nin 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, The amount voted is to be distributed among personal services accounts as authorized by the Board at Selectmen.) --- - 304 Adjourned Town Meeting-April 2, 1997 cont. Organizational Expenses 2410 Municipal Services & Expenses Personal Services 80,419 2410 Municipal Services & Expenses 93,371 2420 Municipal Network Expenses 11,400 Community Services 3000 DPW Personal Services 3,145,955 (Of which $266,587 is to be transferred from the Water Enterprise Fund, $66,647 is to be transferred from the Sewer Enterprise Fund, $70,084 is to be transferred from the Parking Meter Fund, $100,000 is to be transferred from the Cemetery Trust Funds and$46,520 is to be transferred from the Recreation Enterprise Fund.) 3000 DPW General Expenses 4,177,052 (Of which $204,958 is to be transferred from the Water Enterprise Fund, $51,395 is to be transferred from the Sewer Enterprise Fund, $448,317 is to be transferred from the Recreation Enterprise Fund and $105,500 is to be transferred from the Parking Meter Fund; and provided further that the (And further that the Town Manager is authorized to enter into communi- cations equipment agreements, equipment lease/purchase agreements from time to time provided that each such agreement is.subject to annual appropriations.) (And in addition that $75,000 of expenses for the sale of burial containers and biodegradable bags be funded by the receipt of$75,000 in anticipated revenues, and that the retained earnings from FY 96 in the amount of $20,527.03 may be closed to the General Fund.) (And in addition State/Federal Grants, site generated revenue and/or refuse stabilization funds as permitted under existing agreements may be used to meet Division of Environmental Protection guidelines at the Hartwell Avenue landfill site.) (And to permit the Town to enter into agreements with either private or public entities in order to enhance public services, increase revenue, improve efficiency, or save money to the benefit of the Town.) 9:56 p.m. Dawn McKenna, Pr.9, asked why the expenses pertaining to the operation of the Pine Meadows golf course are not reflected in the Recreation line item rather than Public Works. Town Manager Richard J. White explained that the expenses could be placed in either budget but that the decision to include in the Public Works budget was made three years ago. Ms. McKenna stated that it was the intent of the enterprise fund to cover the expenses and suggests the Selectmen review the policy with the respect to allocation of enterprise funds. 10:00 p.m. James Barry, Pr.1, questioned the references to burial containers and biodegradable bags. 10:01 p.m. Ephraim Weiss, Pr.5, questioned references to agreements authorized in the line item wording. 10:02 p.m. Town Manager Richard White explained that regional arrangements with other communities and agencies require the approval of Town Meeting, i.e., stabilization fund for NESWC. 3600 Transportation Personal Services 53,384 10:03 p.m. Dawn McKenna, Pr.9, stated her deep concern that the Transportation services are now part of the Department of Public Works budget. 3600 Transportation Expenses $182,559 (Of which $80,000 is to be transferred from the Parking Meter Fund.) Adjourned Town Meeting-April 2, 1997 cont. . ®. 3700 Water Department 3,792,335 (And that to raise such amount $3,792,335 be transferred from the Water Enterprise Fund.). 3800 Sewer Department 6,406,463 (And that to raise such amount$6,406,463 be transferred from the Sewer Enterprise Fund.) 10:05 p.m. Marjorie Dagett, Pr.6, stated her concern for fairness in rate payers and requested the Board of Selectmen appoint a committee r-- to look into the in-lieu of tax payments. Public Safety 4200 Law Enforcement Personal Services 3,529,932 (Of which $161,017 is to be transferred from the Parking Meter Fund.) 4200 Law Enforcement Expenses 327,844 (Of which $13,000 is to be transferred from the Parking Meter Fund.) 4300 Fire Department Personal Services 2,893,973 10:06 p.m. Sheldon Spector, Pr.6, questioned if the fire overtime is under funded in this line item, as it has been over the past few years. Town Manager Richard White explained that it was dependent upon the results of ongoing arbitration. Paul Lapointe, Appropriation Committee, commented on the same issue and stated that the Committee feels it may be under funded and prefers to have $100,000 added to the budget. 4300 Fire Department Expenses 285,407 Culture and Recreation 5100 Library Personal Services 1,039,871 5100 Library Expenses 225,078 5200 Recreation Department 648,038 (And to raise such amount $648,038 be transferred from the Recreation Enterprise Fund.) 5300 Public Celebrations 17,050 Human Services 6100 Council on Aging Personal Services 140,236 6100 Council on Aging Expenses 165,721 6210 Veterans Administration Personal Services 27,597 6210 Veterans Expenses 29,913 6310 Services for Youth 71,929 6320 Services to Developmentally Disabled 13,184 Inspectional Services/Community Development 7100 Inspectional Services Personal Services 457,898 7100 Inspectional Services Expenses 55,039 (And in addition the provisions of Chapter 44, §53E 1/2 are accepted for the purposes of administering the consultant fee provision of Chapter XXXII of the General By-Laws.) 10:11 p.m. Ephraim Weiss, Pr.5, questioned reference to Chapter 44, etc. Town Counsel Norman P. Cohen explained that the reference resulted from earlier passage of Article 25 of this meeting. 7200 Planning Personal Services 139,010 7200 Planning Expenses 7,000 0 Adjourned Town Meeting- April 2, 1997 cont. F_xerutive 8110 Selectmen Personal Services 53,176 (Of which $2,622 is to be transferred from the Water Enterprise Fund and $655 is to be transferred from the Sewer Enterprise Fund.) 8110 Selectmen Expenses 77,829 8120 Town Manager Personal Services 276,552 (Of which$35,118 is to be transferred from the Water Enterprise Fund and $8,780 is to be transferred from the Sewer Enterprise Fund.) 8120 Town Manager Expenses 15,370 8130 Town Report 6,000 Legislative 8210 Appiuri'iation Committee Expenses 800 8220 Miscellaneous Boards & Committees Expenses 8,500 Finance 8310 Comptroller Personal Services 285,534 (Of which $96,867 is to be transferred from the Water Enterprise Fund and $24,217 is to be transferred from the Sewer Enterprise Fund.) 8310 Comptroller Expenses 84,684 8320 Revenue Personal Services 201,972 (Of which $80,194 is to be transferred from the Water Enterprise Fund and $13,268 is to be transferred from the Sewer Enterprise Fund.) 8320 Revenue Expenses 13,920 (And in addition that$7,500 of expenses generated from enrollment in the Flexible Spending Plan be funded by the receipt of$7,500 in anticipated revenues.) (And further that the Treasurer and Collector is hereby authorized to enter into compensating balance agreements during fiscal years 1998, 1999 and _ 2000, as permitted by General Laws Chapter 44, Section 53F.) 8330 Assessors Personal Services 199,417 (Of which $4,465 is to be transferred from the Water Enterprise Fund and $1,116 is to be transferred from the Sewer Enterprise Fund.) 8330 Assessors Expenses 79,000 8340 Data Processing Personal Services 88,833 (Of which $26,656 is to be transferred from the Water Enterprise Fund and $6,664 is to be transferred from the Sewer Enterprise fund.) 8340 Data Processing Expenses 167,300 Staff 8410 Legal Fees & Expenses 211,150 10:15 p.m. Sheldon Spector, Pr.6, questioned if previous year's budgets for legal expenses exceeded budget amount and if the Town recovers any legal expenses. Town Manager Richard White explained that the Town is not anticipating a reserve fund transfer for this line item for 1997. Town Counsel Norman Cohen explained that its very difficult to recover lawyers fees even if the Town prevails. 8420 Town Clerk Personal Services 135,091 8420 Town Clerk Expenses 2,895 8430 Board of Registrars Personal Services 1,825 8430 Board of Registrars Expenses 19,875 8440 Elections Personal Services 19,140 8440 Elections Expenses 15,590 307 Adjourned Town Meeting- April 2, 1997 cont. 10.17 p.m. Joel Adler,Pr 1, stated his concern that funds in the water and sewer budget are non-tax deductible payments from citizens. 10:18 p.m. Appropriation Committee Chairman Paul Lapointe stated the Committee's support of Article 4 as amended and expressed the Committee's concern with Special Education funding for FY98, concerns with the Fire Department overtime possibly be under funded, and the first-time sewer enterprise fund transfer is being used to balance the budget. The Committee believes the Town needs a policy on in-lieu-of-tax payments. 10:20 p.m. Michael Schroeder, Pr 9, questioned the sewer enterprise funds payment in lieu-of-taxes. Line item 3800 reflects such payment. Mr Schroeder referenced M.G.L. Chapter 44 section 53F '/2 and availability of revenue budget detail. Town Manager Richard White explained that the enterprise fund language requires all communities to follow certain procedures and generally accepted accounting procedures. Other policy issues exist. 10:28 p.m. George Burnell, Pr.7, requested of the Moderator a point of information, asking if the procedure of payment in lieu of taxes followed by Lexington is legal. Town Counsel Norman Cohen stated Lexington's procedure was legal. 10:30 p.m. Paul Lapointe, Appropriation Committee, stated availability of schedule of revenues from the Finance Department. 1010 p.m. William Simmons, Pr 6, expressed a need for the community to look closely at the school budgets (line items 1100 and 1200) before these line items overtake the budget. 10:33 p.m. Neal Boyle, Pr 8, commented on the effectiveness assisted hearing devices available at Town Meeting. Mr. Boyle also stated that any funds taken out of enterprise funds for anything else other than intended purpose is a means of increasing taxes. 10:34 p.m. Kenneth Reich, Pr 4, questioned Town Manager White on the $250,000 used to balance the budget, an unexpended expenditure which reverts back to free cash. 10:35 p.m. Bruce Collier, Pr.3, commented on the cost of the school budget and enterprise fund usage. 10:37 p.m. After a voice vote,the Moderator declared the motion, as amended, adopted. 10:37 p.m. Paul Lapointe, Appropriation Committee, served notice of reconsideration x-- on Article 4 10.38 p.m. Leo McSweeney, Chairman of the Board of Selectmen, served notice of reconsideration of Article 4, line item 1200 10.38 p.m. Leo McSweeney, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Monday, April 7, 1997 at 8 00 p.m. Adopted by voice vote. 10:38 p.m. A true copy. 9 Attest: *-1 ' 14, Donna M. Hooper, Torn Clerk 308 ADJOURNED SESSION - 1997 ANNUAL TOWN MEETING APRIL 7, 1997 The fifth session of the 1997 Annual Town Meeting was called to order by Moderator Margery M. Battin at 8:05 p.m., in Cary Memorial Hall. A quorum of 168 members was present. The Moderator explained the order of articles to be taken up this evening, beginning with Article 5 and proceeding in order. Article 23 has been scheduled for April 9, with Article 22 to be taken up after 23, and Zoning Article 27 and Article 28 on April 14 and April 161.1 respectively. ARTICLE 2: REPORTS OF COMMITTEES 8:07 p.m. The Moderator recognized Fred Merrill of the Planning Board for a status report on Zoning Articles 27 and 28. Mr. Merrill stated that the sponsors of Article 27, at 55 Hayden Avenue, have scheduled an information meeting for Wednesday April 9 at Estabrook Hall. The Planning Board's report on Article 28 is pending. 8:11 p.m. The Moderator recognized Sandra Shaw, Chairman of the Recreation Committee, to present the report of the Recreation Committee. Ephraim Weiss, P.5, questioned the Committee's commitment to field maintenance. Sam Silverman, Pr. 5, questioned Recreation's FY97 payment in lieu of taxes and whether it was to be made for more than one year. The payment was for one year. ARTICLE 5: SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (FY97) 8:20 p.m. Presented by Susan Elberger, Pr. 9, School Committee. MOTION: That the sum of$188,557 be appropriated to Line Item 1100 of the current fiscal year's budget, and that such amount be transferred from the Unreserved Fund Balance. Ms. Elberger explained the overruns in the current year school budget, cuts made, and need for funds requested. 8:22 p.m. Paul Lapointe, Appropriation Committee, stated unanimous support of the Appropriation Committee. 8:23 p.m. Leo McSweeney explained that the Board of Selectmen recommended approval. 8:23 p.m. Bruce Collier, Pr. 3, explained his handout showing school budget expenses as a percentage of total town budget. 8:26 p.m. - Motion unanimously adopted by voice vote. 8:26 p.m. Paul Lapointe, Appropriation Committee, served notice of reconsideration of Article 5. ARTICLE 6: PRIOR YEARS' UNPAID BILLS 8:27 p.m. Presented by Susan Elberger, Pr.9, School Committee. MOTION: That the sum of$18,443 be appropriated to pay prior years' school bills and that such amount be transferred from the Unreserved Fund Balance. 309 Adjourned Town Meeting-April 7, 1997 cont... Ms. Elberger explained the requested sum covers unpaid invoices from 1989 of$2,981 and $15,462 from 1996. 8:29 p.m. Paul Lapointe, Appropriation Committee, stated unanimous support of the motion and for the approach the School Committee is taking to deal with the unpaid bills. 8:30 p.m. Leo McSweeney stated Board of Selectmen support of this motion under Article 6. f ! _ As this motion requires a four-fifths 'vote the Moderator explained that if the vote was not unanimous a standing vote would be required. 8:30 p.m. Motion unanimously adopted by voice vote. 8:30 p.m. Paul Lapointe, Appropriation Committee, served notice of reconsideration of Article 6. ARTICLE 7: SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED CAPITAL IMPROVEMENT PROJECTS 8:31 p.m. Presented by Selectman Leo McSweeney. MOTION: That this article be indefinitely postponed. 8:31 p.m. Motion adopted by voice vote. �--- ARTICLE 8: WATER MAINS 8:31 p.m. Presented by Selectman Daniel P. Busa. MOTION: That the Selectmen be and they hereby are authorized to install new or replacement water mains and line and reline 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; to appropriate $280,000 for such installation and lining and land acquisition; and to raise such amount $280,000 be transferred from the Water Enterprise Fund; and to authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid for such water projects. 8:32 p.m. Mr. Busa explained that this motion requested funding of the fourteenth phase of a twenty phase water main program, and that the Board of Selectmen recommended approval. 8:33 p.m. William Kennedy, Capital Expenditures Committee, stated that the Committee recommends approval. 8:33 p.m. Paul Lapointe, Appropriation Committee, stated the Committee's unanimous support. 8:34 p.m. Motion unanimously adopted by voice vote. 8:34 p.m. Karen Dooks, Capital Expenditures Committee, served notice of reconsideration of Article 8. • 310 Adjourned Town Meeting-April 7, 1997 cont. . ARTICLE 9: SANITARY SEWERS 8:34 p.m. Presented by Selectman Daniel P. Busa. MOTION: That the Selectmen be and they hereby are authorized to install sewer mains and sewerage systems g yste s m 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 amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; to appropriate for such installation and land acquisition the sum of$560,000 and to raise such amount the Treasurer with the approval of the Selectmen is authorized to borrow$560,000 under G.L. c.44,§7(1); and to authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid for such sewer projects. 8:36 p.m. Mr. Busa explained that approximately 75 dwellings in Lexington yet to have access to the sewer system, requiring approximately 2 miles of sewer lines. Owners are currently assessed 67% of cost of sewer construction, with a 20 year payback at 6% interest. 8:39 p.m. William Kennedy, Capital Expenditures Committee, stated the Committee's recommendation for approval of this motion. 8:40 p.m. George Burnell, Pr. 7, explained his intent to amend the motion by prohibiting sewer line installation on Whittier Road. 8:41 p.m. Douglas Boyer, Pr. 5, inquired about efforts to review the percentage assessed to owners for sewer installation. Mr. Busa explained that the Board of Selectmen will review the percentage ..r assessed to owners in the Spring of 1997. 8:42 p.m. Mr. Boyer, Pr.5, suggested a greater percentage be assessed. 8:44 p.m. Frank Sandy, Pr.6, inquired about funding mechanisms for this article and questioned use of enterprise funds or bonding. 8:45 p.m. Alan Lazarus, Pr.6, noted that the sewer enterprise fund was not referenced in the motion. 8:45 p.m. Bruce Collier, Pr.3, suggested that the Board of Selectmen review the current assessment policy. 8:47 p.m. George Burnell, Pr.7, submitted the following amendment to Article 9, which shall be added to the end of the motion: "provided, however, that no funds shall be spent to install sewer mains on Whittier Road." Mr. Burnell explained that the amendment is proposed in response to previous year's efforts of a resident on Whittier Road to protect sewer installation on that street. 8:50 Mr. Busa stated the Board of Selectmen's opposition to the amendment. 8:53 p.m. Margaret Rawls, Pr.4, asked how many houses were on Whittier Rd. Mr. Busa stated there were 3 parcels on Whittier Rd. 8:53 p.m. David Kaufman, Pr.6, recommended defeat of the amendment. 311 Adjourned Town Meeting-April 7, 1997 cont... 8:55 p.m. Dawn McKenna, Pr.9, asked if the previous objection had resulted in litigation for the Town and how many more houses town wide were left to sewer. Town Counsel Norman Cohen stated that he knew of no litigation from the Whittier Rd. resident. Selectman Daniel Busa replied that this article would provide for sewer connection of 21 of 75 remaining residences. 8:57 p.m. Nyles Barnert, Pr.4, recommended defeat of Mr. Burnell's amendment and encouraged the Board of Selectmen to resolve the list of streets to be sewered. 8:58 p.m. Frank Sandy, Pr.6, stated that he felt it bad practice to bring up an amendment of this nature on the evening of voting. 8:59 p.m. Donald Jenkins, Pr.8, urged defeat of the amendment. 9:00 p.m. After a voice vote the Moderator declared the substitute motion not adopted. 9:00 p.m. Main motion unanimously adopted by voice vote. 9:00 Karen Dooks, Capital Expenditures Committee, served notice of reconsideration on Article 9. ARTICLE 10: SEWER RELATED REHABILITATION PROGRAM (I & I) 9:01 p.m. Presented by Selectman Daniel Busa �-- MOTION: That the sum of$300,000 be appropriated to remove infiltration of ground water from the sewer system; and to raise such amount the Treasurer with the approval of the Selectmen is authorized to borrow $300,000 under G.L. c.44,§7(1); and to authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid for such sewer project. 9:01 p.m. Mr. Busa explained that infiltration totaled 73% of total flow and that this article would fund phase 3 of a 30 year program. A study previously conducted indicates that repairs need to target 15% of the sewer system. Mr. Busa stated Board of Selectmen support for this Article. 9:05 p.m. William Kennedy, Capital Expenditures Committee, expressed the Committee's support of this Article and recommended acceleration of the program. 9:05 p.m. Paul Lapointe, Appropriation Committee, expressed the Committee's concern in increases in Massachusetts Water Resources Authority (MWRA) assessment and encourages acceleration of the program. The Appropriation Committee unanimously supports this Article. 9:06 p.m. Sheldon Spector, Pr.6, asked about anticipated 1998 aid. 9:08 p.m. Sam Silverman, Pr. 5, inquired about authorization for borrowing and MWRA assessments. 9:11 p.m. Charles Hornig, Pr.8, asked why the Town should borrow the funds if Phase I is a 30 year program. Town Manager Richard White responded that it was best to borrow the funds. 9:14 p.m. Ephraim Weiss, Pr.5, asked if a study had been conducted on a 5 yr. plan for implementation. 312 Adjourned Town Meeting-April 7, 1997 cont.. 9:15 p.m. David Kanter, Pr.7, asked for an assurance that the funds will be spent in 1998. As this motion requires a two-thirds vote the Moderator explained that if the vote was not unanimous a standing vote would be required. 9:15 p.m. Motion unanimously adopted by voice vote. 9:15 p.m. Karen Dooks, Capital Expenditures Committee, served notice of reconsideration on Article 10. 9:16 p.m. Selectman Daniel Busa requested point of personal privilege from the Moderator and as a proud parent commended the Haydenettes Precision Skating Team for successfully placing fourth in a world competition recently held in Finland. The members enthusiastically applauded the team. ARTICLE 11: STREET RELATED IMPROVEMENTS 9:17 p.m. Presented by Selectman Dan H. Fenn, Jr. MOTION: That the Treasurer with the approval of the Selectmen be authorized to issue Highway Reimbursement Notes of the Town under G.L. c.44, sec. 6, as amended, in anticipation of reimbursement by the Commonwealth for highway reconstruction and improvements under the authority of Chapter 90 of the General Laws as funded, and that notes issued for a shorter period than two years may be refunded by the issue of new notes maturing within two years from the date of the original obligation, and that the Selectmen are authorized to accept highway funds from all sources including the $700,000 allocated under Chapter 85 of the Acts of 1994 which are hereby appropriated for such highway purposes. 9:18 p.m. Mr. Fenn explained that this Article would fund resurfacing of approximately 6 miles of roadway. The Town is approximately 13 miles behind the schedule previously set for street resurfacing. The final selection of streets to be resurfaced is contingent upon a final assessment of street conditions. Mr. Fenn stated unanimous support of the Board of Selectmen for this Article. 9:23 p.m. Chankey Touart, Capital Expenditures Committee, stated unanimous support of the Committee. 9:23 p.m Paul Lapointe, Appropriation Committee, stated unanimous support of the Committee. 9:24 p.m. Elaine Dratch, Pr.5, inquired as to the status of work on Grant Street. George Woodbury, Director of Public Works, provided a status update. 9:25 p.m. Anne Ripley, Pr.6, spoke in favor of resurfacing after identified sewer projects were completed. 9:26 p.m. Paul Keane, Pr.3, inquired if the 1997 resurfacing list had changed due to status of streets. Peter Chalpin, Engineering Department, stated there had been some changes. 9:27 p.m. Sheldon Spector, Pr.6, asked about the repairs being made on Grant Street and the portion of Waltham Street to be resurfaced. Peter Chalpin, Engineering Department, explained that work will begin tomorrow on Grant Street and completed by July 1. The Waltham Street section to be resurfaced runs between Marrett Road and Route 2. 313 Adjourned Town Meeting-April 7, 1997 cont... 9:29 p.m. Nancy Adler, Pr.l, asked for consideration for those persons currently inconvenienced by the closure of the Maple Street railroad bridge when resurfacing parts of Lowell Street and Massachusetts Avenue. 9:30 p.m. Douglas Boyer, Pr.5, commented on the recently resurfaced Peachtree Road pavement deterioration and questioned continued use of the 7-step process for resurfacing. Peter Chalpin replied that the 7-step process has been found to be superior to other processes used prior to 1985 and will continue to be used. 9:31 p.m. Joel Adler, Pr.l, suggested the Department of Public Works pursue resolution of what he views as inferior roadways constructed by subdivision developers and roadway patches by utility companies. 9:32 p.m. Motion unanimously adopted by voice vote. 9:32 p.m. Karen Dooks, Capital Expenditures Committee, served notice of reconsideration on Article 11. ARTICLE 12: AUTOMATED WATER METER READING SYSTEM 9:33 p.m. Presented by Selectman Dan H. Fenn, Jr. MOTION: That the sum of$550,000 be appropriated for the purchase by or with the approval of the Selectmen of an automated water meter reading system for the Department of Public Works and that to meet this r-- appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $550,000 under G.L. c44,§8(7A); and that the Treasurer with the approval of the Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts Water Resources Authority ("MWRA") and in connection therewith to enter into a loan agreement and/or security agreement with the MWRA with respect to such loan. 9:33 Mr. Fenn explained that this article funded year three of a previously ten year program of replacement, now expedited to five years. This will allow Lexington to take advantage of a $137,500 state grant and $412,000 interest free loan from the MWRA. The advent of fiber optics will open up opportunities for the Town and central reading of utilities. The Board of Selectmen unanimously recommends approval. 9:36 p.m. William Kennedy, Capital Expenditures Committee, stated the Committee recommends approval. 9:37 p.m. Stephen Coit, Appropriation Committee, stated unanimous support of the Committee. r- 9:39 p.m. Nyles Barnert, Pr.4, questioned if the Town would contract out for meter installation and if competition was expected. George Woodbury, DPW Director, replied in the affirmative. 9:39 p.m. Ephraim Weiss, Pr.5, questioned the actual cost of the program and payback period. George Woodbury responded that actual cost of the total program was less than one million dollars and payback would be less than five years. 9:42 p.m. Dawn McKenna, Pr.9, expressed her disapproval of the Town potentially monitoring homeowner use of personal utilities and her opposition to the Article. 31 4 Adjourned Town Meeting-April 7, 1997 cont. . 9:43 p.m. Frank Sandy, Pr.5, spoke in opposition to the motion, stating no apparent savings to the Town. As this motion requires a two-thirds vote the Moderator explained that if the vote was not unanimous a standing vote would be required. Following a voice vote at 9:44 p.m., the Moderator declared the vote not to be unanimous and called for a standing vote on Article 12, tallied as follows: Precinct Yes 1 8 7 2 11 2 3 15 0 4 15 0 5 13 4 6 6 7 7 13 0 8 17 1 9 17 2 At large 17 0 Totals 132 23 More than the required two-thirds vote required, the motion was adopted at 9:50 p.m. Karen Dooks, Capital Expenditures Committee, served notice of reconsideration of Article 12 at 9:50 p.m. ARTICLE 13: PUBLIC WORKS EQUIPMENT 9:50 p.m. Presented by Selectman Dan H. Fenn, Jr. _.1 MOTION: That the sum of$392,000 be appropriated for the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works, and that such amount be raised in the tax levy. 9:55 p.m. Chankey Touart, Capital Expenditures Committee, stated the Committee's support of the Article and commended the foresight of the Department of Public Works. 9:55 p.m. Paul Lapointe, Appropriation Committee, stated the Committee's unanimous support. 9:55 p.m. Motion unanimously adopted by voice vote. 9:56 p.m. Karen Dooks, Capital Expenditures Committee, served notice of reconsideration of Article 13. ARTICLE 14: TOWN BUILDING ENVELOPE PROGRAM r , 9:55 p.m. Presented by Selectman Peter Enrich. MOTION: That the sum of$200,000 be appropriated for remodeling, reconstructing and making extraordinary repairs to Town buildings, and that such amount be raised in the tax levy. Mr. Enrich stated the Board of Selectmen unanimously recommended approval of this motion. 9:57 p.m. Ronald Grammont, Vice Chairman, Capital Expenditures Committee, stated the Committee's unanimous support. 315 Adjourned Town Meeting-April 7, 1997 cont... 9:58 p.m. Paul Lapointe, Appropriation Committee, stated unanimous support of the Committee and suggested a systematic approach be taken to establish appropriate level of funding. 9:58 p.m. Joel Adler, Pr.l, inquired about proposed improvements under Article 14 and plans alluded to for a combined public safety building. Town Manager Richard White responded that any improvements made to existing Fire Headquarters would not be wasted regardless of future plans. 10:00 p.m. Motion unanimously adopted by voice vote. 10:00 p.m. Karen Dooks, Capital Expenditures Committee, served notice of reconsideration on Article 14. ARTICLE 15: DPW MOWER REPLACEMENT 10:01 p.m. Presented by Selectman Peter Enrich. MOTION: That the sum of$47,000 be appropriated to replace a mower for the Department of Public Works, and to raise such amount $47,000 be transferred from insurance proceeds. Mr. Enrich stated the Board of Selectmen's recommendation for approval. 10:02 p.m. David Miller, Capital Expenditures Committee, stated the Committee's unanimous support. 10:02 p.m. Paul Lapointe, Appropriation Committee, stated the Committee's unanimous support. 10:02 p.m. Motion unanimously adopted by voice vote. ARTICLE 16: BROOK MAINTENANCE 10:03 p.m. Presented by Joyce Miller, Conservation Commission. MOTION: That this article be indefinitely postponed. Ms. Miller explained that Lexington had seven major brooks and that this article had been originally intended to provide funding for planning and obtaining permits for brook cleaning. The Board of Selectmen have agreed to provide funds from alternative sources to begin the permitting process for this year and plan to include funds for brook cleaning in the FY99 operating budget. Elizabeth Eddison, Board of Selectmen, stated unanimous support from the Board for this article and confirmed commitment to include funds in the FY99 operating budget. 10:07 p.m. In response to a question from Ephraim Weiss, Pr.5, Town Manager Richard White explained that funds would be made available this year from companies the Town is currently negotiating for the lease/rental of space from the Town. Payments may be designated to go directly to perform this function. 10:08 p.m. Motion unanimously adopted by voice vote. 316 Adjourned Town Meeting-April 7, 1997 cont... ARTICLE 17: PURCHASE FIRE EQUIPMENT 10:08 p.m. Presented by Selectman Peter Enrich. MOTION: That the sum of$45,000 be appropriated for the purchase of fire equipment, and that such amount be raised in the tax levy. Mr. Enrich stated the Selectmen recommended approval. 10:11 p.m. Chankey Touart, Capital Expenditures Committee, stated the Committee's support. 10:12 p.m. Paul Lapointe, Appropriation committee, stated the unanimous support of the Committee and suggested that most of the purchases might be best included in the Department's operating budget in future years. 10:12 p.m. Elizabeth Whitman, Pr.8, questioned the description of the proposed trailer purchase and placement. Fire Chief John Quinlan explained that the trailer would be stored inside the station. 10:13 p.m. Motion unanimously adopted by voice vote. 10:13 p.m. Karen Dooks, Capital Expenditures Committee, served notice of reconsideration of Article 17. ARTICLE 18: PURCHASE ELECTIONS OPTICAL SCAN SYSTEM 10:14 p.m. Presented by Selectman Elizabeth Eddison. MOTION: That this article be indefinitely postponed. --1 Mrs. Eddison explained the current status of the Town's election equipment, possible future state loans, and plans for the Town to bring this request back to Town Meeting in the future. 10:17 p.m. Motion unanimously adopted by voice vote. ARTICLE 19: REHABILITATION OF CENTER POOL 10:17 p.m. Presented by Paul Keane, Recreation Committee. MOTION: That the sum of$100,000 be appropriated to make improvements at the Town Pool Complex as determined by the Recreation Committee with the approval of the Board of Selectmen, and to raise such amount $100,000 be transferred from the Recreation Enterprise Fund. 10:18 p.m. Ronald Grammont, Capital Expenditures Committee, stated the Committee's support. 10:19 p.m. Paul Lapointe, Appropriation Committee, stated the Committee's unanimous approval. 10:20 p.m. Elizabeth Eddison stated the Board of Selectmen's unanimous support. 10:20 p.m. Motion unanimously adopted by voice vote. 10:20 p.m. Karen Dooks, Capital Expenditures Committee, served notice of reconsideration of Article 19. 317 Adjourned Town Meeting-April 7, 1997 cont... ARTICLE 20: PLAYGROUNDS AND BALL FIELDS IMPROVEMENTS 10:21 p.m. Presented by Paul Keane, Recreation Committee. MOTION: That this article be indefinitely postponed. 10:21 p.m. Dawn McKenna, Pr.9, expressed her disappointment that the Recreation Committee has chosen to eliminate the one activity which remains free to children in Lexington. 10:22 p.m. Motion unanimously adopted by voice vote. ARTICLE 21: RESCIND PINE MEADOWS IMPROVEMENTS 10:22 p.m. Presented by Donald Chisholm, Recreation Committee. MOTION: That the appropriation voted under Article 19 of the Warrant for the 1996 annual town meeting be rescinded. Mr. Chisholm explained that financial constraints on the Recreation Enterprise Fund necessitates rescinding the 1996 Town Meeting appropriation of$150,000 for Pine Meadows Golf Course improvements. This action will return the funds to the "unreserved retained earnings" to be available to pay this year's expenses. 10:24 p.m. David Miller, Capital Expenditures Committee, stated unanimous support of the Committee. x--- 10:24 p.m. Paul Lapointe, Approptiation Committee, stated unanimous support of the Committee. 10:24 p.m. Selectman Elizabeth Eddison stated unanimous support of the Board of Selectmen. 10:24 p.m. Sam Silverman, Pr.5, questioned the impact of recision of funds not spent on Proposition 2 'h limits and the Enterprise Fund. 10:25 p.m. Dawn McKenna, Pr.9, expressed her concerns on the handling of the Enterprise Fund. 10:26 p.m. Motion unanimously adopted by voice vote. 10:27 p.m. Leo McSweeney, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday, April 9, 1997 at 8:00 p m. Adopted by voice vote. 10:27 p.m. A true copy )3 Attest: o� J + 4 Donna M. Hooper, Tow13I Clerk 1318 ADJOURNED SESSION- 1997 ANNUAL TOWN MEETING APRIL 9, 1997 The sixth session of the 1997 Annual Town Meeting was called to order by Moderator Margery M. Battin at 8:05 p.m., in Cary Memorial Hall. A quorum of 168 members was present. The Moderator announced the order of articles for the evening as Articles 23 and 22 in that order; to be followed by Articles 42, 43, which will be indefinitely postponed, and Articles 44 and 45. Article 27 will be heard on April 14, Articles 28, 24, 39, and 46 will be heard April 16. The Moderator asked that anyone having served notice of reconsideration on an article please give advance notification at least one meeting prior to the meeting at which they wish to bring the article back to town meeting. Selectman Leo McSweeney stated his intention to bring Line Item 1200 back before Town Meeting next week. Michael O'Sullivan stated he intended to request Article 33 be reconsidered on April 16. ARTICLE 23:SCHOOL BUILDINGS RENOVATION/RECONSTRUCTION PROGRAM (See Pages 8:11 p.m. Presented by Joseph Dini, Pr.1, School Committee. 337-339 for Spec. MOTION: That the sum of$2,400,000 be appropriated for architectural and Referendum. engineering services for design and development of plans and specifications for Action is NOT remodeling, reconstructing and making extraordinary repairs to school buildings Reversed.) and for additions thereto; that to meet this A,YwYi;ation the Treasurer with the approval of the Selectmen is authorized to borrow $2,400,000 under G.L. c.44, §7 orcommittee Chapter 645 of the Acts of 1948 as amended; and that the Permanent Buildings authorized to take all action necessary to carry out this project. 8:11 p.m. Mr. Dini provided an explanation of the needs for a school renovation project, involvement and recommendations of the Building Finance Committee. 8:15 p.m. William Bruckman, Permanent Building Committee, explained information which would be developed from services requested in this article, including detailed schematic drawings, elevation drawings, building system review, identification of individual renovations, site layouts, and finishes. 8:17 p.m. Superintendent Jeffrey Young explained two major aspects of the building proposal: 1. Renovation of existing space at nine school buildings, site work, etc. 2. Additions to school buildings: • Maintain reasonable class size • Maintain dedicated space for art & music programs • Special Education learning centers in each school • Computer lab in each school 8:21 p.m. Joseph Dini addressed need for state reimbursement in ultimate project, which the School Committee hopes to have voted on at a Special Town Meeting in the fall. 8:24 p.m. Karen Dooks, Capital Expenditures Committee, stated unanimous support of the Committee. Ms. Dooks spoke to the importance of the article and the need to make school building repairs. Ms. Dooks also addressed the need to address the school and municipal building maintenance together and urged support of this article. 8:28 p.m. Paul Lapointe, Appropriation Committee, stated that the majority of the Committee-7 in favor, 1 opposed, and 1 abstained, support the article. Mr. Lapointe addressed possible debt service expenses based upon a few different 319 Adjourned Town Meeting-April 9, 1997 cont financing options and explained that additions to school buildings will increase maintenance costs. Mr. Lapointe stated that the state's Department of Education has many needy communities in its `Que' for school building assistance and questions the level of support which may eventually be available to Lexington. Mr. Lapointe commended the public schools and all committees involved in this process. Other concerns expressed by the Appropriation Committee include: • Information on action and steps to be taken in the upcoming months - { priorities; • A sense of need of town wide capital program - not solely the schools; • Action Plan clarifying amount of funds spent for debt exclusion and costs for additional work; 8:34 p.m. Selectman Leo McSweeney stated unanimous support of the Board of Selectmen. 8:34 p.m. Neal Boyle, Pr.7, asked Paul Lapointe of the Appropriation Committee what the payback for this project would be and commented that this request puts all the town funds into the schools while the rest of the town is at a loss. He urged a holistic town approach to buildings. 8:37 p.m. Ephraim Weiss, Pr.5, expressed concern about building maintenance and the school department's diversion of prior year's maintenance appropriations to other expenses. Mr. Weiss requested a commitment from the School Committee and Superintendent to fund maintenance. 8:39 p.m. Joseph Dini reaffirmed the current School Committee's commitment to building maintenance. r 8:40 p.m. John Miller, of HMFH Architects, explained the process of design development and the resulting documents to be used to provide detailed scope of work for the buildings, helping to set priorities for the buildings. 8:41 p.m. Paul Hamburger, Pr.5, stated that approval of this article basically indicated approval for the whole project to be proposed. Mr. Hamburger posed the following questions: What percentage of current space will the new space equal? Response to Mr. Jenkins' issue regarding current empty space. Financial impact of project on the taxpayer if the article passes and the state provides a 59% contribution. 8:45 p.m. Joseph Dini confirmed support of this article shows support of the whole project and asked that John Moynihan, Lexington Public Schools, be recognized for further comment. Mr. Moynihan explained that the state requires communities to guarantee a 80% space utilization at the secondary level and 100% utilization at the elementary level. Current school buildings total 867,000 square feet and an additional 136,000 is proposed, or an approximate 16% addition. 8:46 p.m. John Ryan, Finance Director, explained a few different funding scenarios, with potential annual costs to the owner of a currently assessed $300,000 house to range from approximately $260 to $280 per year. 8:51 p.m. Don Jenkins, Pr.8, spoke in opposition to the article and total project. 8:55 p.m. William Simmons, Pr.6, spoke in opposition. 8:57 p.m. Bruce Collier, Pr.3, urged passage. 320 Adjourned Town Meeting-April 9, 1997 cont 8:59 p.m. Douglas Boyer, Pr.5, with children either currently attending or soon to be attending the public schools, spoke to his concern that too much of the town's services are dependent on the tax bill and that only the truly privileged will be able to live in Lexington if taxes keep escalating. 9:00 p.m. Peter Kelley, Pr.4, commended the School Committee for its r- building plans and how the state's revised rules places the responsibility on the town to have a comprehensive plan for 20-50 year life of the buildings. Mr. Kelley expressed his opinion that the School Committee has the right plan and that now is the time to take the next steps, believing the money will not be wasted and urging support of the meeting. 9:04 p.m. Sam Silverman, Pr.5, requested clarification on the project being presented to Town Meeting for approval. Mr. Dini explained that the School Committee saw its role as a policy making committee. As this motion requires a two-thirds vote the Moderator explained that if the vote was not unanimous a standing vote would be required. Following a voice vote at 9:07 p.m., the Moderator declared the vote not to be unanimous and called for a standing vote on Article 23, tallied as follows: Precinct Yes No 1 13 4 2 11 0 3 14 2 4 10 2 5 14 3 6 16 2 7 9 3 8 14 3 9 12 2 At large 20_ L TOTAL 133 22 More than the required two-thirds, the motion was adopted at 9-11 p m. Karen Dooks, Capital Expenditures Committee, served notice of reconsideration of Article 23 at 9:12 p.m. ARTICLE 22: MISCELLANEOUS SCHOOL ARTICLE 9:13 p.m. Presented by Fred Rosenberg, Pr.9, School Committee. MOTION: That the sum of $1,155,000 be appropriated for remodeling, reconstructing and making extraordinary repairs to school buildings and for the purchase of additional equipment therefor; that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $1,155,000 under G.L. c. 44 §7 or Chapter 645 of the Acts of 1948 as amended; and that the Permanent Building Committee is authorized to take all action necessary to carry out --3 this project. 9.13 p.m. Mr.Rosenberg explained that this article included the second year of a 5 year technology plan and renovations to the school administration building. The second year of the technology plan includes faculty and staff computers and training. Repairs to be made to the school administration building approximate $122,000. 9:21 p.m. David Miller, Capital Expenditures Committee, stated commitment by the School Committee to have only the most necessary improvements made to the school administration buildings at this time. 321 Adjourned Town Meeting-April 9, 1997 cont 9:22 p.m. Paul Lapointe, Appropriation Committee, stated unanimous support of the Committee. 9:24 p.m. Selectman Leo McSweeney stated support of the Board and explained that the Selectmen are pursuing options to have a building constructed on the property by individuals participating in the construction of scattered site housing. As this motion requires a two-thirds vote the Moderator explained that if the vote was not unanimous a standing vote would be required. Following a voice vote at 9:27 p.m., the Moderator declared the motion to be adopted by unanimous voice vote. Karen Dooks, Capital Expenditures Committee, served notice of reconsideration of Article 22 at 9:27 p.m. 9:27 p.m. Selectman Dan H.Fenn, Jr., moved that Article 24 be postponed and be taken up after Article 39 on Wednesday, April 16, 1997 After a unanimous voice vote, the Moderator declared Article 24 to be postponed until after Article 39 on Wednesday, April 16, 1997. 9:27 p.m. Selectmen Peter Enrich moved to take up Articles 42, 43, 44, and 45 in that order. After a unanimous voice vote,the Moderator declared the meeting open on Article 42. ARTICLE 42: MUNICIPALIZATION OF UTILITIES 9:28 p.m. Presented by Selectman Peter Enrich. MOTION: That the Town Manager,with the approval of the Board of Selectmen, be authorized to take all necessary and appropriate action to establish and to maintain, in accordance with the provisions of Chapter 164 of the General Laws as amended from time to time, or other applicable law, and in accordance with rules, regulations and orders of the Department of Public Utilities as implemented from time to time, a municipal lighting and gas plant or a municipal load aggregator as the Board of Selectmen may determine and to acquire such property and/or such rights to use or share in the use of property owned by others as may be necessary, appropriate or convenient for such municipal lighting and gas plant or such load aggregator to provide aggregated retail electric and gas service by purchase and resale to, or as agent for, all or such part of the persons and entities resident within the limits of the Town of Lexington which do not choose to take service from others, all in the manner and subject to the conditions which the Town Manager with the approval of the Board of Selectmen may deem appropriate under the circumstances and consistent with the rules, regulations and orders of the Department of Public Utilities. 9:30 p.m. Selectman Enrich explained that this article continued movement toward municipalization of public utilities, MGL c. 164, this is the second of the required two votes. Deregulation of utilities opens up competition. Mr. Enrich stated the Board's recommendation for approval. 9:33 p.m. Paul Lapointe,Appropriation Committee, state unanimous support of x-- the Committee. 9:34 p.m. Michael Schroeder, Pr.9, spoke in opposition to the article. 9:39 p.m. David Kaufman, Pr 6, spoke to deregulation. 9:40 p.m. Sally Huebscher, Pr 5, questioned the cost to the Town. 9.41 p.m. Selectman Enrich explained the role of the Town would be as load aggregator and to purchase utilities on behalf of groups of users. 9.42 p.m. George Woodbury,DPW Director, quoted deregulation articles from the New York Times and Boston Globe, and explained that this article provided the Town the option to serve as load aggregator. 322 Adjourned Town Meeting-April 9, 1997 cont 9:45 p.m. Representative Jay Kaufman commended Town Manager Richard White and DPW Director George Woodbury for their leadership on municipalization of utilities and stated that many other communities were following the lead of Lexington. Mr. Kaufman stated the importance of banding together as consumers. 9.46 p.m. David Kanter,Pr.7, stated his support but requested further reference to Town Meeting if choice is made to expend capital. It was explained that any expenditure must be brought before Town Meeting as this motion does not include any funds. 9:47 p.m. Dawn McKenna, Pr 9, questioned the authority granted under the motion. ---/ 9:48 p.m. Bruce Collier, Pr.3, spoke in favor of the motion. 9:50 p.m. Sheldon Spector, Pr.5, moved the question. With sufficient votes to move the question, the Moderator put the question before the meeting. As this motion requires a two-thirds vote the Moderator explained that if the vote was not unanimous a standing vote would be required. Following a voice vote at 9:51 p.m., the Moderator declared the motion to be adopted by unanimous voice vote. ARTICLE 43: REAL ESTATE TRANSFER TAX 10:51 p.m. Presented by Selectman Peter Enrich. MOTION: That this article be indefinitely postponed. 10:52 p.m. Mr.Enrich explained that, due to a lack of time, postponement would be moved at this time. It is expected this issue will be returned to Town Meeting in the future. A history of the land transfer taxes was provided in brief, including its early passage in the early 1980's in some communities. Lexington's passage in 1987 .�.. was a home rule petition for 1%tax on land transfers with an exemption for the first $100,000; 2/3 of the revenue for open space and 1/3 for affordable housing. The proposal died in the state legislature that same year. The Land Transfer Tax was raised again by the Long Range Planning Committee as an option for a potential new revenue. It is estimated that such a tax would raise approximately $3 million in revenue annually The community must assess if this is appropriate/desirable for Lexington and anticipated impact on the community More time is needed to address all of these issues. 10.02 p.m. Nyles Barnert,Pr 4, stated that he would be abstaining from discussion on this article as his wife is a Lexington Realtor 10:03 p.m. William Simmons,Pr 6, questioned if passage of such an article would make Lexington more or less affordable. 10:03 p.m. Motion unanimously adopted by voice vote. ARTICLE 44: MINUTEMAN TECH AGREEMENT AMENDMENT 10:03 p.m. Presented by Jane Pagett,Pr 6,Lexington representative to Minuteman Tech. School Committee. MOTION: That the Town reallocate its required share of the Minuteman Regional Vocational Technical School District budget in accordance with the regional agreement as permitted by Section 16B of Chapter 71 of the General Laws. 10:03 p.m. Ms.Pagett explained that the 1970 Minuteman agreement established an allocation by which all member towns would pay the same per pupil cost and would be assessed according to the number of pupils from the town attending the school. 323 Adjourned Town Meeting-April 9, 1997 cont Payment has been as per the original agreement instead of the state assessment allowable according to education reform. 10:08 p.m. Paul Lapointe, Appropriation Committee, stated unanimous support of the article. , 10:10 p.m. Selectman Leo McSweeney stated the Board of Selectman's support of the article. 10:10 p:m. Nyles Barnert, Pr.4, questioned the Lexington assessment if Minuteman were to reduce its budget, and what pressure has been put onto the Arlington Finance Committee for its support of an Article 44 equivalent in Arlington, and questioned why Lexington has been urged to cut Minuteman's funding this year when it would appear only the Town of Arlington would benefit. 10:14 p.m. Bruce Collier, Pr.3, interpreted Article 4 Minuteman budget issues versus Article 44 Minuteman per pupil cost. I 10:15 p.m. Jane Pagett confirmed that the Town of Arlington is the largest stake- holder/user of Minuteman. 10:15 p.m. Motion unanimously adopted by voice vote. 1 ARTICLE 45: TOBACCO CONTROL FINES BY-LAW AMENDMENT (Approved by 10:16 p.m. Presented by Selectman Peter Enrich. Atty. Gen. - 1 Scott Harshbarger MOTION. That Section 6 of the Town By-Laws be amended as presented: July 18, 1997. Posted in Town Office[-- That Section 6 of Article 1 of the General By-Laws oll the Town of Lexington Bldg. and be amended by deleting the words: "restriction of smoking in food service nine precincts establishments" and adding at the end thereof the following: Aug. 11, 1997.) Prohibition on Smoking in Public Places Prohibition on Smoking at Town Recreation Areas Prohibition on Smoking in the Workplace Fine Schedule for smoking restrictions: $20 per violation for a person who smokes in a public place. For any proprietor(s)or other person(s) in charge of a public place or workplace who fail(s) to comply, $200 for each day a violation continues. Prohibition on Tobacco Sales to Minors Fine Schedule for Sales to Minors: $100 for the first offense, $200 for the second offense, and $300 for any subsequent offense fl Required Posting of State Law Fine Schedule for Failure to Post: $50 per violation. $10 fine for anyone unlawfully removing signage. Prohibition of Self-Service Displays of Tobacco Products Requirements for Sales Personnel Prohibition of Free Distribution/Sampling of Tobacco Products Prohibition of Reduced Pricing of Tobacco Products Prohibition of Vending Machines Containing Tobacco Products Restrictions on Packaging of Tobacco Products Fine Schedule for Self-Service Displays, Sales Personnel, Free Distribution/Sampling, Reduced Pricing, Vending Machines and 1 Packaging: $100 for each day the violation continues. 324 Adjourned Town Meeting-April 9, 1997 cont Requirement for Tobacco Sales Permits Fine Schedule for Permits: $100 for selling tobacco products at retail without a valid Tobacco Sales Permit. If violation is not corrected within seven(7)days of notification, the fine shall be $100 for each day the violation continues. 10:16 p.m. In the absence of Martha Wood, Board of Health, Selectman Enrich explained the content of the Article. 10:19 p.m. David Kanter,Pr.7, questioned-if there was an appeal mechanism to the ticketing process. It was confirmed that there was. --� 10:20 p.m. Thomas Diaz, Pr.2, requested clarification on what was permissible and whether the article was just an administrative procedure. Yes, it was just an administrative procedure. Mr. Diaz stated he felt it was an intrusion on people's behavior and that he was opposed to the motion and urged others to vote against the motion. 10:22 p.m. Motion adopted by voice vote. 10:24 p.m. Leo McSweeney,Chairman of the Board of Selectmen, moved that the meeting be adjourned until Monday, April 14, 1997 at 8:00 p.m. Adopted by voice vote. 10:22 p.m. A true copy. Attest: / IIIJIiohut:hi „ Donna M. Hooper, Town Clerk Karen Gray,225 Follen Road, resigned as a Town Meeting Member from Precinct 2 effective April 8, 1997. Andrew McAleer, 121 Follen Road, received the next highest number of votes as a defeated candidate for Town Meeting Member from Precinct 2 at the Annual Town Election held March 3, 1997. As of April 14, 1997, Mr. McAleer filed his acceptance of the position of Town Meeting Member from Precinct 2 to fill the vacancy caused by the resignation of Ms. Gray. This term will expire in March 1998. Richard M. Perry, 16 Ellison Road, died suddenly on Saturday, April 12, 1997 William P Kennedy, 135 Wood Street, received the next highest number of votes as a defeated candidate for Town Meeting Member from Precinct 9 at the Annual Town Election held March 3, 1997. As of April 15, 1997, Mr. Kennedy filed his acceptance of the position of Town Meeting Member from Precinct 9 to fill the vacancy caused by the death of Mr Perry. This term will expire in March 1998 325 ADJOURNED SESSION - 1997 ANNUAL TOWN MEETING APRIL 14, 1997 The seventh session of the 1997 Annual Town Meeting was called to order by Moderator Margery M. Battin at 8:09 p.m., in Cary Memorial Hall. A quorum of 170 members was present.The Moderator requested all present to stand for a moment of silence in honor of Town Meeting Member Richard M. Perry who died suddenly on Saturday, April 12, 1997. Mr. Perry served as a Town Meeting member for forty years, being elected to Town Meeting in 1957. He also served as Comptroller for the Town for twenty years, from 1966-1986. The Moderator announced the order of articles for the evening as Articles 27, 39, and 24, and explained that Selectman McSweeney would not request Article 4-line item 1200 be reconsidered, as previously intended. Article 28 will be taken up on Wednesday, April 16. Reconsideration of Article 33 will also be moved on April 16. The purpose of the potential reconsideration of Article 4 by Peter Kelley can apparently be accomplished under debate of Article 46. The Moderator requested any other members planning to move reconsideration of an Article on Wednesday, April 16th please declare their intent. Dawn McKenna, Pr.9, stated her intention to move reconsideration of Article 34. Paul Jenkins, Pr.8, stated his intention to move reconsideration of Article 31. 8:14 p.m. The Moderator recognized Carolyn Tiffany, Pr.8, who requested members to complete the Hanscom Field questionnaire prepared by the four towns in the HATS consortium. I"" ARTICLE 2: REPORTS OF TOWN OFFICERS, BOARDS, COMMITTEES 8:15 p.m. The Moderator recognized Mr. Clark Cowen, Pr.7, Chairman of the Council on Aging, for a report from the Council. Mr. Cowen thanked Town Meeting for its support last year and provided a brief update of recent changes at the Senior Center. The new Day Care Center has been newly built by students from Minuteman Technical High School and will open on May, opening up the space for other purposes. 8:20 p.m. The Moderator recognized Mr. Fred Men-ill for a report from the Planning Board. Mr. Merrill explained that the Planning Board's report on Article 28 is being produced as he speaks and will be available at the end of the evening. Mr. Merrill moved that the report of the Planning Board, ("Commercial Development in the CRO, CM and CD Zoning Districts') be accepted and placed on file. 8:23 p.m. Following a unanimous voice vote the Moderator declared the report to have been accepted and placed on file. ARTICLE 27: ZONING BY-LAW, CRO TO CD 55 HAYDEN AVENUE 8:19 p.m. Presented by Steven Hurley, Pr.8. MOTION: That the Zoning By-Law of the Town of Lexington be amended by changing the zoning designation of the land described in the Article from the CRO, Regional Office zoning district, to CD, Planned Commercial district. The Boundaries of the CD, Planned Commercial, district shall be as set forth in the Article. The land in the CD, Planned Commercial Development district, shall be subject to the preliminary site development and use plan originally filed on January 10, 1997, and revised and resubmitted on April 7, 1997 which has been filed with the Planning Board and the Town Clerk, in accordance with the provisions of the Zoning By-Law of the Town of Lexington. 326 Adjourned Town Meeting, April 14, 1997 cont.... 8:20 p.m. Mr. Hurley requested to Moderator to recognize Mr. David Vickery, Sr. Vice President of Spaulding and Slye, agents for W.R. Grace. 8:44 p.m. Fred Merrill, Planning Board, presented the Planning Board's report on Article 27. Mr. Merrill explained that the Board recommends approval of the Article. The Board is unanimous in agreement that it is the right use for the location. The Board tries to balance the impacts on the community with the benefits. Mr. Merrill complimented the many participants who have been involved in the process since last fall, and the great deal of give and take which has been made and ultimately has made the project a much better project. Mr. Merrill reviewed site use,design and density issues, and Impact, Mitigation, and Benefits . 8:46 p.m. The Moderator recognized Richard Canale, Pr.9, Planning Board, for a Minority report of the Planning Board. Mr. Canale explained that he agreed with almost everything Fred Merrill stated however, the petition has some unknowns which could possibly affect future developments. He expressed his concern with the transportation impact on the neighborhood, lack of reserved parking spaces for multi-occupant vehicles, and lack of commitment for providing support to LEXPRESS. 8:50 p.m. Sheldon Spector, Pr.6, rose for a point of order, inquiring as to the vote of the Planning Board on the Article. The vote was 4 in favor, and 1 opposed. 8:50 p.m. Leo McSweeney reported the unanimous support of the Board of Selectmen. .� 8:51 p.m. Carol Grodzins, Pr.3, spoke in opposition to the Article and her concern about the developments in south Lexington. 8:56 p.m. Marjorie Madoff, Pr.3, spoke of her concern with the traffic issues and the almost doubling of office space. 8:58 p.m. Paul Riffin, a resident of precinct 3, spoke in opposition to the article from the balcony. 9:02 p.m. Caleb Warner, Pr.3, in representing the Board of the South Lexington Civic Association, strongly opposed the article, stating his concern with the Floor Area Ratio intensity, traffic management, and storm water drainage. 9:08 p.m. Timothy Enright, Pr.2, asked the presenter how the tax figure was determined. Mr. Vickery explained that the taxes were estimated based on the square footage and nearby properties. 9:10 p.m. Elizabeth Whitman, Pr.8, asked about the use of the existing building as a laboratory, the number of persons using the Alewife MBTA Station shuttle bus, and the design of the new building's facade. 9:13 p.m. David Williams, Pr.4, asked what the Town was gaining from the designated conservation easement. Mr. Vickery explained that the easement not only included wetlands but also a knoll area for access and walking rights to the Hayden Woods. He stated the proposers would be willing to consider if some of the land to the left of the property could also have a conservation easement. 9:18 p.m. Samuel Berman, Pr.3, stated his concern about water runoff and his opposition to the article. 347 Adjourned Town Meeting, April 14, 1997 cont.... 9:20 p.m. Jim Barry, Pr.1, stated his opposition to the article. 9:22 p.m. Robert Cohen, Pr.3, rose to support the Article, stating his belief the proposal was right for the Town, and encouraged support. 9:24 p.m. Jeanne Krieger, Pr.3, stated her opposition to the Article, including concerns with traffic, size of project, and drainage. 9:26 p.m. Neal Boyle, Pr.7, spoke in favor of the Article, and encouraged support. • 9:30 p.m. Joyce Miller, Conservation Commission, rose to explain that the proposal is currently before the Conservation Commission so the Commission can not take an official stance at this time. The Commission will urge practice of best management practices as it is a tremendously sensitive drainage situation area. 9:32 p.m. Thomas Fenn, Pr.9, stated his support for the article and asked questions of Mr. Vickery re: tax abatements, and use of traffic control officer. The Planning Board explained that both proposals of Article 27 and 28 include traffic control officers and will include every effort to design the areas to be more safe for the officers. Norman Cohen, Town Counsel, explained that the Board of Appeals may make some changes to proposals without Town Meeting approval. 9:39 p.m. Anne Ripley, Pr.6, asked for clarification on the reference to subdivision of the property. Mr. Vickery explained that there is no intent to subdivide the property at this time but it could be divided into two parcels, especially for financing reasons. 9:40 p.m. Robert Rotberg, Pr.3, stated his opposition to the project. 9:43 p.m. Kenneth Reich, Pr.4, stated his support for the project, including increased tax revenue and his belief that the traffic issues were addressed satisfactorily. Mr. Reich questioned Robert Bowyer, Planning Director, on the multi-step process, role of the Board of Appeals, ability to increase the number of designated parking spaces for multi-occupant vehicles, and commitment to LEXPRESS. Mr. Vickery explained that they would be willing to look into support to LEXPRESS, with $3,000 increased to $12,500 annually, with potentially more. 9:50 p.m. Bruce Collier, Pr.3, questioned the method of traffic control for this project. Christopher Casey, Chief of Police, explained that improvements and enhancements to Hayden Avenue at Waltham Street are needed to increase officer safety. The Police are open to working to best make the areas safe for the officers. Mr. Collier explained that other proposals have left open the option for officer or light controls and that he didn't feel comfortable voting on the article. 9:55 p.m. Robert Whitman, Pr.8, expressed concern that this proposal would be the first of many more and that the Town must assess how to manage redevelopment of outlying commercial areas. He is opposed to the article. 9:56 p.m. Town Manager Richard White explained his meeting with the Planning Board and Police identified that the traffic problem cu:a't be resolved by just placing an officer at the location but that in no way was to impact the zoning request. 9:58 p.m. Frank Sandy, Pr.6, stated concerns similar to those of Bruce Collier. 323 Adjourned Town Meeting, Apri114, 1997 cont.... 9:59 p.m. David Kaufman, Pr.6, stated that the optimum safety of the officers could be ensured with traffic lights. He would probably vote against this Article at this time. 10:00 p.m. Fred Rosenberg, Pr.9, moved the question. After polling the meeting, with results to the affirmative, the question under Article 27 was put. As this motion requires a two-thirds vote, if the vote is not unanimous then a 1 standing vote will be taken. Following a voice vote at 10:00 the moderator 1� declared the vote not to be unanimous and called for a standing vote on Article 27, tallied as follows: Precinct Yes No Abstain 1 9 7 2 8 10 3 9 10 4 14 5 5 7 9 1 6 6 10 7 13 2 8 9 9 9 9 7 At large 11 4 TOTAL 95 73 1 10:04 p.m. Less than the required two-thirds, the motion was not adopted. 10:04 p.m. Sheldon Spector, Pr.6, served notice of reconsideration of —, Article 27. 10:04 p.m. Paul Lapointe moved to take up Article 39 and 24, in that order. After polling the meeting, with results to the affirmative, the Moderator declared Article 39 now before the meeting. ARTICLE 39: GUIDELINES FOR FINANCING CAPITAL EXPENDITURES 10:04 p.m. Presented by Paul Lapointe, Appropriation Committee. MOTION: That this article be indefinitely postponed. Mr. Lapointe explained the need for further discussion and to determine the level of funding for the Town to commit to ongoing capital needs. Recommendations: Comprehensive fixed asset set of capital accounts, annual capital budget, 5-10 year capital plan, greater integration of school and town needs, technical studies, and assessment of conditions. 10:17 p.m. Ephraim Weiss, Pr.5, moved to amend the motion as follows: MOTION: That the Appropriation Committee and Capital Expenditures Committee develop budgeting and financing guidelines that reflect: 1. The prior efforts of other elected and appointed boards and committees. 2. The different categories of capital investments. 3. Town and School equipment replacement schedules. 4. Approaches used in other communities. 5. Practical consequences of proposed guidelines. 329 Adjourned Town Meeting, April 14, 1997 cont.... 10:19 p.m. Paul Lapointe, Appropriation Committee, stated his support of the substitute motion but explained he thought it was not needed. 10:19 p.m. Sheldon Spector, Pr.6, included mention of the Capital Expenditures Committee in the substitute motion. 10:20 p.m. After a voice vote, the Moderator declared the substitute motion adopted. 10:20 p.m. Main motion, as amended, adopted by voice vote. ARTICLE 24: STABILIZATION FUND 10:21 p.m. Presented by Selectman Dan Fenn. MOTION: That the sum of$100,000 be appropriated to the stabilization fund established under Chapter 40 of the General Laws as amended and that such amount be raised in the Tax Levy. 10:21 p.m. Mr. Fenn explained that this article allows the Town to put money away for upcoming expenses, such as a new fire truck. A 2/3 vote is required of Town Meeting to expend funds from the stabilization fund. This article addresses policies of the Board of Selectmen to deal with long range problems, stabilize the tax rate, and deal with ongoing fiscal problems, and manage free cash in an orderly fashion. 10:25 p.m. The Board of Selectmen unanimously supports Article 24. 10:25 p.m. Karen Dooks, Capital Expenditures Committee, stated unanimous support of the Committee. 10:27 p.m. Paul Lapointe, Appropriation Committee, stated the Committee's unanimous opposition to the article. 10:30 p.m. Peter Diamond, Pr.6, stated that this is as a motion about labeling money as as a gesture, not about spending less this year, and stated opposition to the article. 10:31 p.m. Nyles Barnert, Pr.4, asked the Town Manager if this impacts the town's application for bonding if the funds are in free cash or stabilization fund. Mr. White explained that with meager cash reserves additional funds in as a stabilization fund are looked upon favorably but not overpoweringly so. 10:31 p.m. James Wood, Pr.7, stated support of the motion. 10:32 p.m. Dan Fenn explained that the Selectmen agree with the Appropriation Committee on the need for a plan but urged support of the article as it is known that a fire truck will soon need to be purchased. 330 Adjourned Town Meeting, April 14, 1997 cont.... 10:34 p.m. Following as a voice vote the Moderator was unsure of the vote and called for as a standing vote on Article 24, tallied as follows: Prpcinet Yes No 1 2 9 2 3 10 3 12 5 4 7 7 5 10 5 6 11 5 7 9 3 8 10 3 9 12 2 At large 9 8 TOTAL 85 57 10:37 p.m. The Moderator declared the motion adopted. 10:37 p.m. Richard Canale, Planning Board, explained that the Planning Board's report on Article 28 is available on the back table. 10.37 p.m. Leo McSweeney, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday, April 16, 1997 at 8.00 p m. Adopted by voice vote. 1017 p.m. A true copy. SetwaLlI Attest: Donna M. Hooper, Town Cl-rk 331 ADJOURNED SESSION - 1997 ANNUAL TOWN MEETING APRIL 16, 1997 The eighth session of the 1997 Annual Town Meeting was called to order by Moderator Margery M. Battin at 8:05 p.m., in Cary Memorial Hall. A quorum of 168 members was present. The Moderator announced that the quality of the public address system was marginal this evening. The Moderator explained that Articles 28 and 46 would be taken up this evening, and reconsideration would be moved on Articles 33 and 31. 8:07 p.m. The Moderator recognized Dawn McKenna, Pr.9, who stated that she would not bring reconsideration of Article 34 but does request LEXHAB to annually provide copies of fmancial statements to Town Meeting Members. The Moderator explained methods for Article reconsideration. 8:09 p.m. Robert Cohen, Pr.3, Chairman of the Town Meeting Members Association, announced Board meetings scheduled for the second Wednesday of the month, 7:30 p.m. The Moderator announced that the Meeting was open under Article 2 for reports of committees. ARTICLE 2: REPORTS OF TOWN OFFICERS,BOARDS AND COMMITTEES .-- The Moderator declared a recess at 8:12 p.m. until a portable microphone can be procured so speakers can be better heard. 8:15 p.m. Joyce Miller, Conservation Commission requested the Moderator to recognize Town Manager Richard White to read her report to the members in the absence of the public address system, now almost completely dysfunctional Mr. White vociferously read the report of the Conservation Commission on the process for developers appearing before the Conservation Commission and Town Meeting. Developers may choose which body to address first, though the Conservation Commission, with justification, has authority to approve or deny a project passed at Town Meeting. 8:20 p.m. With the public address system now fully operational, the Moderator recognized John Davies, Pr.4, Planning Board, who moved that the report of the Planning Board (Articles 2,27, and 28 - Transportation Demand Management) be accepted and placed on file After unanimous voice vote, the report was accepted and placed on file. 8:23 p.m. Barrie Peltz, Chairman of the School Committee, reported an anticipated additional allocation of FY98 state aid to cities and towns experiencing r"-- significant increases in enrollment. Above-foundation districts may expect an additional $7.8 million of one-time grants. 8:25 p.m. The Moderator declared the meeting open under Article 28. 332 Adjourned Town Meeting-April 16, 1997 cont.... ARTICLE 28: ZONING BY-LAW RO TO CD - 16 HAYDEN AVENUE 8:25 p.m. Presented by.Francis W.K. Smith, Pr.3. MOTION: That the Zoning By-Law of the Town of Lexington be amended by changing the zoning district designation of the land described in the Article from the RO, One Family zoning district, to CD, Planned Commercial district. The boundaries of the CD, Planned Commercial, district shall be as set forth in the Article. The land in the CD, Planned Commercial Development district, shall be subject --' to the preliminary site development and use plan originally filed on January 13, 1997, and revised and resubmitted on April 9, 1997 which has been filed with the Planning Board and the Town Clerk, in accordance with the provisions of the Zoning By-Law of the Town of Lexington. 8:26 p.m. Mr. Smith asked the Moderator to recognize Michael Martignetti. Mr. Martignetti briefly explained his plans and requested the Moderator recognize Larry Smith. 8:29 p.m. Larry Smith presented the proposal, explaining an anticipated $75,000 tax revenue, annual $30,000 to $50,000 annual commitment to traffic control, and a $4,000/year for 10 years contribution to LEXPRESS. 8:42 p.m. The Moderator recognized Richard Canale for a Majority Report of the Planning Board. Mr. Canale requested the report be accepted and placed on file. After unanimous voice vote, the report was accepted and placed on file. Mr. Canale reported that a majority of the Planning Board (3 to 2) disapprove the petition by 16 Hayden Avenue, reporting that the proposal is not the right proposal, has too much use on a small lot with insufficient mitigation. The medical use proposed has no assurance that the 3 potential tenants (Lexington Medical Associates, Lexington Eye Associates, and Lexington Pediatrics) would sign leases. 8:50 p.m. Fred Merrill, Planning Board, presented the Minority Report of the Planning Board (2 members). Mr. Merrill explained they felt this proposal presented an opportunity to be part of the solution to the Town's revenue problems, that zoning is a privilege not a right, and that the design greatly improved during the course of plan submission and takes advantage of the existing infrastructure. 8:54 p.m. Daniel Busa, Board of Selectmen, stated the Board's strong support for passage of this article, explaining that the proposed use is appropriate for the lot and will benefit the town; traffic solutions proposed are appropriate, and the Board's commitment to making the proposal work. Mr. Busa urged voting in favor of the article. 8:55 p.m. Joyce Miller, Conservation Commission, explained that the planned project at 16 Hayden Avenue has not yet come before the Conservation Commission but the Commission has established the wetland line on the site and does have a concern with possible illegal fill on the site. The Commission cannot --1 make a statementon this article at this time. 8:57 p.m. Joel Adler, Pr.l, questioned if a revised proposal could come back to Town Meeting in the fall, or 2 years later? The Moderator stated that with changes, a defeated proposal can come back in the fall. Mr. Adler stated his support for the article and welcomed the addition to the town and area. 333 Adjourned Town Meeting-April 16, 1997 cont.... 8:59 p.m. Dr. Ralph Freidin, resident of 41 Somerset Road and physician at Lexington Medical Associates, spoke about the Lexington Medical Center's search for new office space over the past 5 years and commitment to move into the building, with further commitment to occupy the space made by Mr. Steve Shufrow from the Lahey Hitchcock Medical Center. 9:02 p.m. Bruce Collier, Pr.3, presented information on commercial and residential revenue sources. 9:08 p.m. Carolyn Tiffany, Pr.8, commented on the work of neighborhood associations and spoke in opposition to the article feeling the development would have too big an impact on the area. 9:13 p.m. Louise Kava, Pr.9, spoke in opposition, commenting on the large size of the project. 9:16 p.m. John Sawyer, 10 Eliot Road, spoke in favor of the proposal, stating its unique solution for a unique location and the right size for the location. Mr. Sawyer urged support. 9:18 p.m. Albert Zabin, Pr.1, spoke in support of the proposal. 9:23 p.m. Thomas Fenn, Pr.9, strongly recommended passage and read a list of 28 reasons to pass the motion. Mr. Fenn urged support. 9:27 p.m. Paul Lapointe, Pr.2, spoke in favor of the motion, commenting on the current tax allocation of 87% residential vs. 13% commercial. 9:30 p.m. Elizabeth Flynn, 310 Concord Avenue, spoke from the balcony and commented on ongoing commercial development in precinct 3. Mrs. Flynn spoke in opposition to the proposal. 9:33 p.m. John Davies, Pr. 4, Planning Board, requested the Moderator recognize Planning Board member Anthony Galaitsis for further Planning Board comments. Mr. Galaitsis discussed the Floor Area Ratio of the 16 Hayden Avenue proposal versus that of 55 Hayden Avenue, 20% vs. 30%. 9:36 p.m. Judith Uhrig, Pr.4, moved the question. 9:37 p.m. After a voice vote, the moderator was unsure of the vote and called for a standing vote on shall the main question now be put. The Town Clerk tallied the vote as follows: Precinct Yes No 1 8 6 2 8 8 3 4 11 4 5 9 5 7 13 6 7 10 7 6 8 8 1 12 9 7 8 At large 7 8 TOTAL 60 93 With insufficient votes in favor of the main question now being put, discussion continued. 9:40 p.m. William Simmons, Pr.6, responded that Floor Area Ratios should be considered for each project separately on an individual basis. Mr. Simmons spoke in favor of the article. 334 Adjourned Town Meeting-April 16, 1997 cont.... 9:41 p.m. Paul Jenkins, Pr.8, supported the project's use for the land and potential impact for reducing Lexington center area traffic. Mr. Jenkins asked for further comment from the Planning Board on its reference that the submission of the proposal for 16 Hayden Avenue was somewhat chaotic. Richard Canale responded to Mr. Jenkins' request with a few examples. 9:45 p.m. Sam Silverman, Pr.5, commented that commercial development didn't automatically reduce the residential tax rate. 9:47 p.m. Bob Bowyer, Planning Director, addressed costs of commercial r development to services. • 9:50 p.m. Sam Silverman,. Pr.5, requested the Planning Board consider for future articles, looking at comparable towns with more commercial development and impact on residential tax rates. 9:53 p.m. Nyles Barnert, Pr.4, spoke in support of the proposal for safety reasons, believes the project will help address traffic problems at Hayden Avenue and Waltham Street. 9:55 p.m. Jeanne Krieger, Pr.3, spoke in opposition to the article as a member of the Board of Directors of the South Lexington Civic Association. 9:56 p.m. Eric Michelson, Pr.3, deferred to Richard Michelson, Pr.8. Richard Michelson spoke in favor of the motion, noting its ideal use of the property and its potential for improving the downtown parking situation. He also favored the growth in commercial revenue. 9:58 p.m. Ephraim Weiss, Pr.5, spoke against the proposal. 10:00 p.m. Jonathan Lederman, Pr.7, moved the question. 10:00 p.m. After a voice vote, the moderator declared the main question before the meeting and three minutes left to the maker of the motion. 10:00 p.m. Francis W.K. Smith yielded to Michael Martignetti. Mr. Martignetti summarized reasons for support, including downsizing of the original proposal and increased tax revenue to the Town. 10:06 p.m. As this motion requires a two-thirds vote, the Moderator declared a standing vote in order. The Town Clerk tallied the vote as follows: Precinct Yes No Abstain 1 15 2 2 13 3 3 9 7 4 11 2 1 5 16 4 6 15 3 7 10 6 8 10 6 9 10 6 At large 11 5 TOTAL 120 44 1 More than the required two-thirds, the motion was adopted at 10:08 p.m. 335 Adjourned Town Meeting-April 16, 1997 cont.... 10:09 p.m. Eric Michelson, Pr.3, gave a report of the Long Range Planning Committee. ARTICLE 46: USE OF FUNDS TO REDUCE TAX RATE 10:10 p.m. Presented by Selectman Leo McSweeney. MOTION: That the sum of$1,233,000 be appropriated to reduce the tax levy for the fiscal year beginning July 1, 1997, and that such amount be transferred rfrom the Unreserved Fund Balance. � • I 10:12 p.m. Mr. McSweeney explained that these funds were required to balance the budget. 10:13 p.m. Peter Kelley, Pr.4, made the following amendment: MOTION: That the Motion under Article 46 be amended by changing the figure "1,233,000" to "$1,483,000". Mr. Kelley explained that the amendment to the original motion was being made to provide for a $250,000 increase in appropriation, replacing the $250,000 drawn from the sewer enterprise fund. He felt this was a critical policy decision which addresses the charging of enterprise funds in lieu of taxes. 10:16 p.m. Selectman Peter Enrich spoke in opposition to the amendment, stating that a majority of the Board of Selectmen have voted to stay with the Board's free cash policy. The Selectmen are committed to analysis for each enterprise fund's use in future years. 10:20 p.m. Paul Lapointe, Appropriation Committee, expressed that a majority of the Appropriation Committee rejects the amendment and supports the original motion. 10:22 p.m. Nyles Barnert, Pr.4, questioned the free cash fund balance. 10:24 p.m. Joel Adler, Pr.1, spoke in favor of the amendment as the enterprise payments are not tax-deductible payments and the water rates are horrendous. 10:25 p.m. Ephraim Weiss, Pr.5, spoke on the impact on water and sewer rates and the one-time tax on enterprise fund. He accepts this policy for a short term. 10:28 p.m. Neal Boyle, Pr.7, spoke in favor of the amendment, opposing payments in lieu of taxes. 10:29 p.m. Eric Michelson, Pr.3, favored the amendment. 10:31 p.m. Leo McSweeney, Board of Selectmen, rose to speak in favor of the amendment. 10:34 p.m. Sheldon Spector, Pr.6, moved the question. After a voice '- vote the moderator declared the amended question before the members. 10:35 p.m. Peter Kelley, maker of the amendment, reviewed the reasons for his amendment. 336 Adjourned Town Meeting-April 16, 1997 cont. .. 10:37 p.m. After calling a voice vote the Moderator was unsure of the vote and called for a standing vote. The Town Clerk tallied the vote as follows: Precinct Yes No 1 11 5 2 8 3 3 9 7 4 6 9 5 11 8 6 4 13 7 13 2 ""'' 8 6 10 9 5 10 At large 3 13 TOTAL 76 80 10:40 p.m. With insufficient votes in favor of the amendment, the amendment was declared not adopted. 10:40 p.m. After a voice vote, the motion as originally made by Mr. McSweeney, was declared adopted. 10:40 p.m Michael J. O'Sullivan, Pr.1, moved RECONSIDERATION OF ARTICLE 33 (see page 286). 10:45 p.m Marshall Derby, stating nothing new had been presented for reconsideration, spoke in opposition to reconsideration. David Kanter, Pr.7, urged reconsideration for sufficient clarification and new information. Motion to reconsider Article 33 was declared lost by voice vote at 10:46 p.m. The Moderator apologized to Mr. Brooks who was mistakenly overlooked in his interest to speak to reconsideration of Article 33. Sam Silverman spoke to recognize the efforts of Caleb Warner and Charles Hornig for the behind the scenes work manning the public address system at town meeting this year. 10:47 p.m. Charles Shaw, Pr.1, moved RECONSIDERATION OF ARTICLE 31 (see page 292). 10:50 p.m. Stephen Tripj 12 Freemont Street, spoke in favor of reconsideration. 10:53 p.m. George Burnell,Pr.7 , spoke against reconsideration Motion to reconsider Article 31 was declared lost by voice vote at 10:55 p.m. Leo P. McSweeney moved that this 1997 Annual Town Meeting be dissolved. This motion was declared adopted unanimously at 10:56 p.m. A true copy Attest: Donna M. Hooper, Town Cork 337 SPECIAL REFERENDUM-JUNE 2, 1997 (See Warrant File for Warrant) (ARTICLE 23 Adopted at April 9, 1997 Town Meeting- School Buildings Renovation/ Reconstruction Program) In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their ,-- respective voting places in said Town of Lexington on Monday,June 2, 1997 at 7.00 in the forenoon. - The following places were designated as the voting places for the various precincts.Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Clarke Middle School; Precinct Four, Senior High School; Precinct Five, Cary Memorial Hall; Precinct Six, William Diamond Middle School; Precinct Seven, Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two Eileen J Fradette Warden Kenneth Smith Judith Marcus Clerk Donna Alexson Robert Blouin Inspector Dorothy Bond Margaret Blouin Inspector Rita Casey Viola Pike Inspector Marjorie McNicholas Martha Shurtleff Inspector Lois Smith Precinct Three Precinct Four Marjorie Modoono Warden Gulli Kula Alice Hopkins Clerk Richard Crawford Raymond Carberry Inspector Raymond Flynn Lillian Drury Inspector Dana Regillo Helen Euart Inspector Eleanor Smith Marcia Flint Inspector Gladys Snyder Precinct Five Precinct Six Jacqueline Michelove Warden Dorothy M. Boggia Winifred Ivester Clerk Mary Casey Cornelius Cronin Inspector Evelyn Belbin Leon Michelove Inspector Shirley Bullock Priscilla Winter Inspector Francis Coscia Martha Zani Inspector Katherine Geanacopulous Precinct Seven Precinct Eight A. Estelle Szalajeski Warden Catherine F. Jones Mary C. Joseph Clerk Phyllis Richardson Bernice Gerrig Inspector Joseph Campbell Robert Greenway Inspector Donald Macbeth Harriet Morrison Inspector Barbara Simmons Elizabeth McDonough Inspector William Simmons n Precinct Nine Eric Kula Warden Carole Scalise Clerk Doris Barclay Inspector Judith Schuler Janet Lowther Inspector Edith Paster The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice, they were declared closed. 338 June 2 1997 Special Referendum. cont. The total number of registered voters in each precinct eligible to vote as of May 14, 1997 as follows: Precinct Democrat Republican Unenrolled Other* Total 1 830 300 767 5 1902 I 2 1132 308 905 3 2348 ` --.\ 3 973 441 1037 3 2454 4 1062 379 985 1 2427 o,1 5 901 418 940 6 2265 6 1055 453 936 6 2450 7 924 344 935 1 2204 8 941 449 969 6 2365 9 795 348 1005 7 2155 Total 8613 3440 8479 38 20570 Precinct I Green Party- 1,Inter 3rd Party-3,Libertarian- I Precinct 2.Inter 3rd Party-1,Libertarian-2 Precinct 3 Inter 3rd Party- I,Libertarian- I,Socialist- 1 Precinct 4 Libertarian- 1 Precinct 5 Libertarian-5,Prohibition- 1 Precinct 6 Inter 3rd Party-2;Libertarian-3, Socialist- I Precinct 7 Libertarian- 1 Precinct 8.Green Party- 1,Inter 3rd Party- I,Libertarian-4 Precinct 9•Libertarian-7 Recap sheets were delivered to the Board of Registrars at the Town Office Building from 8 15 p.m. to 8:45 p.m. The Board of Registrars and Assistant Town Clerk canvassed the results as follows. Precinct One 640 voters cast their vote Precinct Two 776 voters cast their vote Precinct Three 685 voters cast their vote 7 Precinct Four 839 voters cast their vote .___J Precinct Five 775 voters cast their vote Precinct Six 936 voters cast their vote Precinct Seven 816 voters cast their vote Precinct Eight 850 voters cast their vote Precinct Nine 709 voters cast their vote TOTAL 7, 025 voters cast their vote 34 1517% of the eligible 20,570 voters cast their vote ABSENTEE BALLOT BREAKDOWN APPLICATIONS RETURNED NOT RETURNED PRECINCT PROCESSED IN PERSON BY MAIL RETURNED LATE 1 19 13 6 1 2 27 20 7 3 16 7 9 2 4 22 19 3 5 21 14 7 1 1 6 23 20 3 7 13 8 5 3 8 16 10 6 9 14 6 8 1 TOTALS 171 117 54 4 5 339 June 2 1997 Special Referendum. cont. QUESTION ARTICLE 23 - Adopted April 9, 1997 (See Page 318) "Shall the town vote to approve the action of the representative town meeting whereby it was voted r-- that the sum of$2,400,000 be appropriated and borrowed for architectural and engineering services for design and development of plans and specifications for remodeling, reconstructing and making extraordinary repairs to school buildings and for additions thereto?" PRl PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9 TOTALS Yes 223 374 326 436 307 426 432 395 256 3175 No 413 402 358 403 457 507 384 455 450 3829 Blanks 4 1 11 2 3 21 TOTALS 640 776 685 839 775 935 816 850 709 7025 In accordance with Chapter 381 of the Acts of 1954, less than the necessary 20% having voted to reverse the action of the April 9, 1997 Adjourned Session of the 1997 Annual Town Meeting, the action is not reversed and Article stands adopted. A true copy. [-- • Attest: 4 ,,;?, Marie E. Hill, Assistant Town Clerk Thomas B. Sullivan, 9 South Rindge Avenue, removed from the town and ceased to be a town meeting member from Precinct One September 12, 1997. Markus Pinney, 62 Fottler Avenue, received the highest number of votes as a defeated candidate for Town Meeting Member from Precinct One at the Annual Town Election held March 3, 1997. As of September 18, 1997, Mr. Pinney's acceptance of the position of Town Meeting Member, Precinct One to fill the vacancy caused by Thomas B. Sullivan's removal from town, has been filed with the Town Clerk. This term will expire in March 1998. Joseph F. Gilbert, 231 Woburn Street, resigned as a Town Meeting Member from Precinct Five effective September 23, 1997. Ira W. Crowe, formerly of 47 Grant Street, now of 53 Woburn Street, received the highest number of votes as a defeated candidate for Town Meeting Member from Precinct Five at the Annual Town Election held March 3, 1997. As of September 30, 1997 Mr. Crowe's acceptance of the position of Town Meeting Member Precinct Five to fill the vacancy caused by the resignation of Joseph F. Gilbert, 231 Woburn Street, has been filed with the Town Clerk. This term will expire March 1998. 340 SPECIAL TOWN MEETING October 20, 1997 (See Warrant File for Warrant) The meeting was called to order by the Moderator, Margery M. Battin at 8:05 p.m. in Cary Memorial Hall. There were 175 Town Meeting Members present. 8:06 p.m. Town Clerk, Donna M. Hooper, read the warrant for the meeting until further reading was waived. The Town Clerk read the Constable's Return of the warrant. 8:09 p.m. The Moderator announced the procedures for the conduct of the meeting. Precinct Clerks were appointed as tellers and Roger Borghesani, Vice Chairman of the Appropriation Committee, is to serve as teller for the at-large members y_.1 and members serving on Boards and Committees. 8:13 p.m. The Moderator declared that Article 1 was now before the meeting and would remain open throughout the meeting. ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 8:13 p.m. Richard Canale, Chairman of the Planning Board, reported that a Special Town Meeting would be held Wednesday, November 19, 1997 at 8:00 p.m. to discuss a request from Spaulding and Slye for a rezoning of 55 Hayden Avenue. A public hearing on this request is scheduled for 8:00 p.m. on November 3, 1997 in Estabrook Hall. 8:15 p.m. Paul Lapointe, Chairman of the Appropriation Committee, moved that the Committee's report be accepted and placed on file. The motion by Mr Lapointe to accept the report of the Appropriation Committee was adopted unanimously. Mr. Lapointe commented bnefly on the Committee's report. 8:20 p.m. William Kennedy, Chairman of the Capital Expenditures Committee, moved that the Committee's report be accepted and placed on file. The motion by Mr. Kennedy to accept the report of the Capital Expenditures Committee was adopted unanimously Mr Kennedy commented briefly on the Committee's report. 8:30 p.m. The Moderator declared the meeting open under Article 2. ARTICLE 2: REMODELING/CONSTRUCTION OF TOWN SCHOOLS 8:30 p.m. Presented by Barrie Peltz, School Committee. MOTION. That the sum of $68,200,000 be appropriated for constructing, originally equipping and furnishing additions to and remodeling, reconstructing and making extraordinary repairs to Lexington High School, Clarke Middle School, Diamond Middle School and Harrington Elementary School and for the purchase of computer hardware and software and portable classrooms; that to meet this appropriation the ..� Treasurer with the approval of the Board of Selectmen is authorized to borrow $68,200,000 under Chapter 44 of the General Laws or Chapter 645 of the Acts of 1948 as amended; and that the Permanent Building Committee is authorized to take all action necessary to carry out this project, provided, however, that no debt may be incurred under this vote for any one of the listed schools except for up to $8,800,000 for planning and other preliminary expenses, and for portable classrooms, until the State Department of Education has issued a project number and acknowledged receipt of a completed project application, and provided further that this vote shall not take effect until the Town votes to exempt from the limitation on total taxes imposed by G.L.c.59,§21C (Proposition 2 V2) amounts required to pay the principal of and interest on the borrowing authorized by this vote. 341 SPECIAL TOWN MEETING—OCTOBER 20, 1997 cont. .. 8.32 p.m. Mrs. Peitz requested the Moderator recognize Superintendent of Schools Dr. Jeffrey Young. Dr Young explained the process and plans for the project— addressing safety, equity, and excellence in the system. The project encompasses the High School, Diamond Middle School, Clarke Middle School, and Harrington Elementary School. 8:42 p.m. Mrs. Peitz requested the Moderator recognize Mr John Miller from the architectural firm of HMFH Architects. Mr. Miller briefly presented the designs for the four schools at which work is proposed. 8:47 p.m. Mrs. Peitz stated the School Committee's willingness to offer an amendment to reduce the project to the three secondary schools if the entire Board of Selectmen would support such plan. 8 49 p.m. William Kennedy, Capital Expenditures Committee, stated the unanimous recommendation of the Committee and summarized the reasons for approving the proposed project. Mr. Kennedy acknowledged the expertise and efforts of the Permanent Building Committee. 8:52 p.m. Paul Lapointe, Appropriation Committee, summarized the report of the Committee and stated the Committee's unanimous recommendation of support for Article 2. 9:10 p.m. Leo P. McSweeney, Chairman of the Board of Selectmen, spoke on behalf of himself and fellow member Daniel Busa. Mr. McSweeney stated that he and Mr. Busa did not support the proposal at this time. He summarized other municipal increases which could, in conjunction with the proposed school project, bring the FY99 tax rate increase to approximately 9%. r— 9:16 p.m. Selectman Dan H. Fenn addressed the town's being faced with a deteriorating infrastructure and increasing school enrollment. Mr. Fenn stated his confidence in the Permanent Building Committee and support of the proposed project. Mr Fenn also referenced the support for the project by fellow Selectmen Peter Enrich and Betty Eddison. 9.19 p.m. Selectman Peter Enrich read a facsimile received from Selectman Betty Eddison which she sent, in her absence from the meeting, in support of the project. Mr. Enrich also spoke to the importance and value of the proposal before the meeting. 9:25 p.m. William Simmons, Pr. 6, spoke to the process used. 9:27 p.m. David Kanter, Pr.7, spoke in support of the article, stating that he felt it was prudent and worthwhile to support. 9:29 p.m. Mr. Geza Szonyi, 177 Cedar Street, spoke from the audience and addressed the need to reduce the tax burden for those persons on fixed income and proposed that a project such as this should be taxed as an income tax instead of a real estate tax. r-- 9:31 p.m. Dennis O'Connor, Pr 6, spoke in opposition to the article and moved that the motion under Article 2 be amended to read as follows: MOTION: That the sum of$5,000,000 be appropriated for constructing, originally equipping and furnishing additions to and remodeling, reconstructing, and making extraordinary repairs for school buildings, that such amount be raised in the tax levy, and that the Permanent Building Committee be authorized to take all action necessary to carry out this project, provided, however, that this vote shall not take effect until the Town votes to assess an additional $5,000,000 in real estate and personal property taxes for the purposes of this article for the current fiscal year as provided in G L. c 59, §21C(i %) (Proposition 2 11/2) 342 SPECIAL TOWN MEETING–OCTOBER 20, 1997 cont. . 9 35 p.m. Mr O'Connor explained that this amendment requires a one-time $5,000,000 over-ride into a Capital Exclusion Fund. 9:38 p.m. Paul Lapointe, Appropriation Committee, briefly reviewed the proposed amendment and suggests that it may be flawed, questioning the source of funds for Mr. O'Connor's proposal. He stated the Appropriation Committee's unanimous opposition to the amendment. 9:42 p.m. William Kennedy, Capital Expenditures Committee, stated the Committee's opposition to the amendment and questioned the funding source. —` 9:42 p.m. Albert Zabin, Pr.l, questioned the financing for the amendment and what other expenses would be sacrificed. 9.44 p.m. David Kaufman, Pr.6, questioned if this amendment amounted to a one-time override or if the $5,000,000 would be built into the tax rate forever. 9.45 p.m. Robert Cohen, Pr.3, questioned if Mr. O'Connor could speak further to complete his presentation. The Moderator explained that Mr. O'Connor had used his 3 minutes allowed. 9.47 p.m. Bruce Collier, Pr.3, questioned the funding proposal. 9.49 p.m. Mr. O'Connor explained that the plan would have to be redone to fit within the bond amount. 9.49 p.m. David Kanter, Pr.7, questioned the timing for the bonding and the start of the program. 9.50 p.m. Leo McSweeney, Board of Selectman Chairman, stated that the Selectmen had no recommendation on the amendment at this time. 9:51 p.m. Eric Michelson, Pr.3, questioned the reference to reimbursement which appears on the last page of Mr. O'Connor's proposal. Mr. O'Connor explained that if the school plan meets State guidelines then the debt service would be partially reimbursable by the State. 9:52 p.m. Fred Rosenberg stated unanimous opposition to the amendment by the School Committee. 9:54 p.m. Jonathan Lederman, Pr.7, questioned necessary votes by the Board of Selectmen to call for an over-ride vote. 9 55 p.m. Leo McSweeney stated he felt that the process was important at this time and supported more discussion. After the vote at town meeting the Board of Selectmen would discuss the project at an upcoming Selectmen's meeting. 9:56 p.m. William Simmons, Pr.6, questioned if the enrollment explosion at the middle schools is a surprise to Mr. O'Connor ---, 9:57 p.m. Mr. Martin Long, 26 Grant Street, addressed the analysis on the cost projection .� over the life of the bond and net present value. 9.59 p.m. Dawn McKenna, Pr 9, questioned Mr. O'Connor if the proposal was for $50,000,000 10 00 p.m. Mr. O'Connor stated that $50,000,000 is the most that can be afforded under this plan. 10:01 p.m. Dawn McKenna, Pr.9, stated her opposition to the amendment. 343 SPECIAL TOWN MEETING—OCTOBER 20, 1997 cont 10:01 p.m. Mr Rene Varrin, Pr.2, questioned if the 59% State reimbursement for projects in the pipeline this year would be available four years from now 10 02 p.m. Mrs. Peltz explained that although the reimbursement is not guaranteed once the project is on the State's list the 59% is locked in. 10:02 p.m. With time for discussion elapsed, the Moderator called the vote on the amendment. Following a voice vote, the Moderator declared the amendment not adopted. 10.03 p.m. Charles Hornig, Capital Expenditures Committee, questioned Town Counsel Norman Cohen on the 45 day limit for conditional vote of a town meeting override vote. Mr. Cohen stated that a vote would have to be held within 45 days from the end of this town meeting. 10:07 p.m. Nicholas Santosuosso, Pr.4,moved to adjourn. 10:08 p.m. The Moderator called for a formal recess to discuss timing for an election. 10:11 p.m. The Moderator called the Special Town Meeting back into session and explained that a vote would have to occur within 45 days of dissolution of the Special Town Meeting. 10.12 p.m. Ephraim Weiss, Pr.5, also questioned timing for a vote bL the Selectmen and the conduct of an election. 10:13 p.m._ Paul Hamburger, Pr.5, commented on the delay in timing. 1014 p.m. Dawn McKenna, Pr.9, asked for a point of information and whether it was possible for the Board of Selectmen to vote on an override of proposition 2 '/z before the dissolution of Town Meeting. 10 14 p.m. Sheldon Spector, Pr.6, requested a point of parliamentary inquiry and if Mr Santosuosso had withdrawn his motion to adjourn. 10:14 p.m. The Moderator asked Mr. Santosuosso if he wished to withdraw his motion to adjourn. Mr. Santosuosso withdrew his motion. 1014 p.m. Albert Zabin, Pr.1, commented on the need for the proposed project and the ability of citizens to pay for the project. Mr. Zabin stated that there was no creditable argument for the vast majority of people in this town that it wasn't affordable. Mr Zabin condemned that State's financing of Education. 10.18 p.m. Henry Zuerndorfer, a resident from Pr.1, spoke from the balcony about other municipal expenses confronting the town in addition to the schools and estimates of the upcoming expenses. 10:20 p.m. Donald Jenkins, Pr.8, urged defeat of the article and suggested a few options, referencing the April 1996 Building Finance Report and the September 1995 School Renovation Report. x-- 10:24 p.m. William Bruckman, Permanent Building Committee, was recognized by the Moderator to respond to Mr. Jenkins' comments. Mr Bruckman explained that the Permanent Building Committee had reviewed the Building Finance Committee report and found problems with the scope of the renovations, its qualification for state reimbursement, and the accuracy of estimates. Significant errors were identified in the report. Mr. Bruckman also explained that the Building Finance Committee Report did not address all of the needs of the school department. 10:27m. James Barry,rry, Pr.l, asked for a roll call vote. With less than the required 50 persons standing in favor of a roll call vote the Moderator declared the rgzi defeated. request 344 SPECIAL TOWN MEETING-OCTOBER 20, 1997 cont 10.28 p.m. James Barry, Pr 1, then questioned town meeting's prior appropriations to the school department and expectations that such appropriations would have addressed all needs. 10:29 p.m. Donald Jenkins, Pr 8, explained that the Building Finance Committee report had addressed use of existing space. 10.30 p.m. Bruce Collier, Pr.3, addressed the Building Finance Committee report and issues the report failed to address. 10:31 p.m. Jonathan Lederman, Pr 7, moved the previous question. After a voice vote the Moderator declared the motion adopted. 10:32 p.m. The Moderator declared that the main question was now before the meeting and asked Barrie Peltz, the maker of the motion, if she wished to speak further Ms. Peltz summarized the reasons for approving the project and thanked the members for attending the meeting and for their support. 10:34 p.m. With a two-thirds vote required, the Moderator called for a standing vote. The vote was tallied as follows: Precinct In Favor Opposed 1 11 7 2 13 2 3 9 6 4 13 2 5 15 3 6 19 2 7 13 6 8 14 2 9 13 3 ._.r At-large 16 2 TOTAL 136 35 10:37 p.m. More than the required two-thirds having voted in favor, the motion is declared adopted. 10.38 p.m. Leo McSweeney moved that this meeting be adjourned until Wednesday, October 22, 1997 at 8.00 p.m. in Cary Memorial Hall. Adopted unanimously at 10:38 p.m. A true copy. Attest: /6/077.411- ` ' Donna M. Hooper, TowdClerk 345 ADJOURNED SESSION OF SPECIAL TOWN MEETING 1 October 22, 1997 The meeting was called to order by the Moderator, Margery M. Battin at 8.13 p.m. in Cary Memorial Hall. There were 153 Town Meeting Members present. 8.13 p.m. The Moderator announced the procedures for the conduct of the meeting Precinct Clerks were appointed as tellers and Roger Borghesam, Vice Chairman of the Appropriation Committee, is to serve as teller for the at-large members and members serving on Boards and Committees. 8:14 p.m. The Moderator declared that Article 1 was now before the meeting and would remain open throughout the meeting. ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 8:14 p.m. Leo P. McSweeney, Chairman of the Board of Selectmen, reported that December 8, 1997 would be the election date for an override vote to put the question on the school building project on the ballot. Mr McSweeney explained that the Board needs to work out the structure of the question but there is a presumption that the 8th of December will be the date for the election. Mr McSweeney indicated he would be requesting to adjourn this meeting until November 19, 1997 so the Town may keep within the regulations when scheduling an election for December 8` • 8:16 p.m. The Moderator declared the meeting open under Article 3. ARTICLE 3: LIBRARY CONSTRUCTION 8:16 p.m. Presented by Dan Fenn, a member of the Board of Selectmen and Library Trustee. MOTION: That the sum of $1,050,000 be appropriated, in addition to the amount appropriated under Article 14 of the Warrant for the 1996 Annual Town meeting, to construct, originally equip and furnish an addition to and remodel, reconstruct and make extraordinary repairs to Cary Memorial Library, to purchase additional library equipment including computer hardware and software and to remodel Cary Hall for use as an interim library during construction; that to meet this appropriation the Treasurer, with the approval of the Selectmen, is authorized to borrow $1,050,000 under G.L.c.44,§7; that the Board of Library Trustees with the approval of the Selectmen are authorized to apply for, accept and expend any federal or other grants or donations that may be available for this project provided that the amount of the authorized borrowing shall be reduced by the amount of such aid received prior to the issuance of bonds or notes under this vote; and that the Permanent Building Committee is authorized to take all action necessary to carry out this project. 8:17 p.m. Mr. Fenn explained in conjunction with the action taken on the library renovation project at the 1996 Annual Town Meeting, this article requests up-front funds due to the increased cost of the project of approximately $1,050,000 which is requested this evening. Mr. Fenn further explained that the Town's share of the project has not changed from the $2,463,808 appropriated in 1996 but the responsibility of the Trustees has been increased to approximately $3,507,192. 7 The amount granted from the state is $2,866,000. Mr. Fenn further addressed two questions which he thought key to this request: Why does the Town need to bond this project? and; What will happen if the trustees cannot raise the amount needed? Mr. Fenn further stated that the Trustees have pledged to draw on or borrow on up to $1,000,000 of Cary Library's endowment fund and agree to continue the fundraising drive until the goals have been reached, paying both principal and interest until the complete amount has been raised. Mr. Fenn stated that the Selectmen have voted unanimous approval of this article 346 ADJOURNED TOWN MEETING—October 22, 1997 cont 8:26 p.m. The Moderator recognized Reverend Peter Meek, Chairman of the Cary Library Trustees. Reverend Meek briefly summarized the renovation plan and process undertaken thus far and requested favorable action from town meeting. 8:28 p.m. Charles Hornig, Capital Expenditures Committee, expressed the Committee's unanimous approval of Article 3 and further stated the Committee's unanimous support for its inclusion as a debt exclusion at the special election. 8:30 p.m. Roger Borghesani, Appropriation Committee, expressed unanimous support for Article 3 by the Appropriation Committee, stating that concern about Town liability issues had been covered. The Moderator explained that Cary Library Trustee membership is comprised of representatives from the Board of Selectmen, School Committee, and settled ministers of the community and inquired if the School Committee had taken a position on the article. 8:30 p.m. School Committee member Susan Elberger explained that the School Committee had not voted on the article as a committee but that each member present this evening individually supported the request. 8:31 p.m. Ephraim Weiss, Pr.5, expressed his support for the library but his difficulty in understanding the motion. 8.32 p.m. Mr. Fenn explained the article provided for the appropriation of additional funds. 8:33 p.m. Sheldon Spector, Pr 6, questioned costs for temporary relocation of the library. 8:33 p.m. Assistant Library Director Connie Rawson explained costs for relocation and renovations needed to Cary Hall. 8.35 p.m. Kenneth Reich, Pr 4, questioned the recommendations by the Capital Expenditures Committee and Appropriation Committee to include this in an override amount. 8:35 p.m. Charles Hornig, Capital Expenditures Committee, addressed a debt exclusion override. 8:38 p.m. Mr. Reich further questioned Mr. Fenn who explained that this is an up-front loan and that the Town is permanently responsible for$2,463,808. 8:39 p.m. Paul Lapointe, Appropriation Committee, explained the Committee recommends inclusion in a debt exclusion vote that debt which was previously authorized but not issued. Exhibit "A" of the Committee's report recommends that the debt authorization of the last 3 town meetings be in the debt exclusion. The Committee advocates including $2,463,808 that Mr Fenn had stated as the Town's level of Commitment in 1996 Mr. Lapointe explained that the state grant and Town share were to be available fairly immediately, with the Library Trustees addressing two approaches for the remaining. 8 43 p.m. Mr. Fenn explained the Town's short-term exposure to be $6,034,080 (comprised of the $2,463,000 plus $3,500,000). 8.44 p.m. Jim Barry, Pr.1, stated his support for the library but questioned the temporary relocation of Cary Library to Cary Hall, suggesting the former Munroe School building as a possible alternative 347 ADJOURNED TOWN MEETING—October 22, 1997 cont 8.45 p.m. Mr Fenn explained that the Munroe Center for the Arts currently occupies Munroe School building. 8 45 p.m. Reverend Meek explained that the Library Trustees had avoided that conflict by locating the library temporarily to Cary Hall. 8:46 p.m. Jim Barry, Pr.1, suggested the site should still be explored as a possibility 8 46 p.m. Mr. Fenn explained that he understood the building had systems problems and access problems. 8:46 p.m. Robert Cohen, Pr.3, questioned availability of Cary Hall for voting purposes. Town Manager Richard White explained that the voting issue is problematic, especially with the recent vote on the school renovation project, it is possible that besides Cary Hall, the Town may need to relocate voting currently held at the High School, Diamond Middle, Clarke Middle and Harrington Elementary schools. 8:48 p.m. John Hayward, Pr.5, asked Reverend Meek how much has been raised thus far in the fundraising efforts and what kind of information is expected in the report anticipated from DDI, Inc. in December 8:48 p.m. Reverend Meek explained that no funds had been raised thus far and that he wasn't sure over what period of time it would take to raise the necessary funds. 8.50 p.m. Richard Eurich, Pr.3, asked what the Town would do if the Trustees failed to raise the necessary funds, who is responsible? 8:51 p.m. Mr. Fenn explained that the Trustees had pledged as much of the endowment as possible and will conduct fundraising and assume the interest and principal costs until the entire amount is paid. Mr Fenn further explained that an agreement would be signed between the Town and Library trustees that fundraising would be continued until the entire amount is paid. 8:53 p.m. Mr. Eurich questioned if the commitment is not met then is the Town "on the hook". Mr Fenn commented that the commitment will be met and that the fundraising will be conducted until the goal is met and the Trustees are committed to the pledge. 8:55 p.m. The Moderator recognized Mr. Steven Tripi, a resident of precinct 8, who explained that he thought with the access to libraries through the computer's Worldwide Web/Internet that libraries should be getting smaller instead of bigger and the he has a concern about costs to citizens and what is subject to an override. Mr Tripi requested someone address the amount of the override which may be needed for the library and questioned comments made to him by some town meeting members about his holding signs outside the hall this evening. The Moderator explained an earlier statement made by the Selectmen this evening � regarding the potential override and that the question had not yet been determined. 8:58 p.m. Paul Lapointe, Appropriation Committee, explained that the Committee's report suggests previously approved debt be included in an override and that the Committee is quite comfortable with the pledge of the Trustees to continue fundraising. 9:00 p.m. Steven Tripi questioned if there will be an override in the future if the trustees cannot meet the obligation? 9:01 p.m. Mr. Fenn emphatically stated"No". 348 ADJOURNED TOWN MEETING–October 22, 1997 cont. 9:01 p.m. Mr Tripi questioned where the funds would come from. Mr Fenn explained that the Trustees will continue to raise funds and that he would gladly meet with Mr Tripi to discuss his concerns further. 9:02 p.m. Bruce Collier, Pr.3, spoke in support of the article. 9:05 p.m. Robert Whitman, Pr 8, stated that the motion before the meeting has made no mention of an override. 9:06 p.m. Robert Rotberg, Pr.3, spoke in favor of the article and expressed his concern on having the endowment fund pledged. —' 9.08 p.m. Mr. Ed Natale, a resident of precinct 4, spoke from the audience, questioning Reverend Meek why there had been no fundraising over the past year. Reverend Meek explained that the process has been going on one step at a time and that fundraising had been explored some months ago and the trustees have now found a fundraiser with whom to work. Mr. Natale questioned Mr. Fenn about previous comments that construction wouldn't begin until financing is in place and the previous comment of Town Counsel that financing and fundraising are interlinked. 9.10 p.m. Mr Fenn explained that he couldn't imagine anyone having said all fundraising would have to be complete before the project begins. Reverend Meek stated previously 3 sources of funding depended upon one another for the success of the project. 9:12 p.m. Jeannette Webb, Pr 4, moved the question. 9.12 p.m. The Moderator asked if the main question should now be put. After a voice vote the Moderator declared that the question was now before the meeting and asked Mr Fenn, the maker of the motion, if he wished to speak further Mr. Fenn declined. 9.13 .m. The Moderator stated that since a two-thirds vote isrequired,p equ red, if the vote is not unanimous a standing vote would be required. 9:14 p.m. After a voice vote, the Moderator declared the article passed by unanimous vote. 9:14 p.m. ARTICLE 4• STREET RELATED IMPROVEMENTS Selectman Leo McSweeney moved postponement of the article until Wednesday, November 19, 1997 After a voice vote the Moderator declared unanimous adoption of the motion. 9:14 p.m. ARTICLE 5: GRANT PLACE EASEMENT 9.14 p.m. Presented by Thomas Fenn and David Williams. MOTION: That the Selectmen be and they hereby are authorized to grant a permanent easement to the owner of the property at 2 Grant Place to continue to use the existing portion of their driveway that extends onto Lot 106 shown on Assessor's Property Map 48 for one dollar and on such other terms as the Selectmen may determine. Mr Fenn, attorney for Russian and Fenn; and Mr Williams, of the offices of Lester Savage Realtors, presented information on the estate of Mrs. Grace and the need for access to the property through town-owned land. 349 ADJOURNED TOWN MEETING—October 22, 1997 cont 9:17 p.m. Eric Michelson, Pr.3, served notice of reconsideration on Article 3 The Moderator declared that notice was timely served. 9:21 p.m. Marita Hartshorn, Pr.2, questioned if the agreement could allow access to the bike path. r-- Mr. Fenn explained that he believed that in writing the easement that a stipulation could be included for bike path access. Town Counsel Norman Cohen confirmed L__ Mr. Fenn's statement. 9.23 p.m. David Kanter, Pr.7, asked if only the current dimensions of the driveway would be included in the easement. Mr. Fenn confirmed, yes. 9:24 p.m. Ephraim Weiss, Pr.5, questioned why the town is being asked to use the right of way for parking. Mr. Fenn explained that lot 106 cuts in front of lot 105 and that part of 106 is required to allow entrance to lot 105. 9:25 p.m. Florence Baturin, Pr. 6, asked why the town doesn't consider selling the entire lot 106 to eliminate the problem. 9:26 p.m. Bruce Collier, Pr.3, inquired if the agreement will include binding stipulation for bike path access. 9:26 p.m. Mr. Fenn indicated that no stipulation has been placed on the prospective buyer but he has said he could do this. 9:27 p.m. Sheldon Spector, Pr. 6,moved the question. 9:27 p.m. After a voice vote, the Moderator declared the main question before the meeting and 3 minutes left for Mr. Barnert who deferred to Mr Fenn. L_ Mr. Fenn stated he and Mr. Williams were acting in their professional capacities and would be abstaining from the vote. 9.29 p.m. After a voice vote the Moderator declared the motion adopted. 9.29 p.m. Mr McSweeney moved adjournment to November 19, 1997 at 8 00 p.m. Adopted by voice vote 9:29 p.m. A true copy. Attest: ithltek- ;• Donna M Hooper, Town t lerk Katherine Kiefer, 55 Pleasant Street, resigned as a Town Meeting Member from Precinct Two effective October 31, 1997. With no defeated candidates on record from the March 3 Annual Town Election, a special election will be held of members from precinct 2 to fill this vacancy. 350 SPECIAL ELECTION TOWN MEETING MEMBERS—PRECINCT TWO NOVEMBER 19, 1997 A vacancy existed in the membership of Precinct Two Town Meeting Members due to the resignation of Katherine Kiefer, 55 Pleasant Street on October 31, 1997 Therefore, a special election for Town Meeting Members of Precinct Two was held on November 19, 1997 at 7:30 p.m. in Cary Memorial Building. This special election is held to determine a person to fill the vacancy caused by Ms. Kiefer's resignation. The term will expire in March, 1998 Chairman of the meeting: Marita B. Hartshorn Clerk of the meeting: Rene D. Varrin The meeting was called to order at 7:45 by Marita Hartshorn. There were 11 Town Meeting.Members from Precinct Two present. Ms. Hartshorn nominated Mr David Rudner, 47 Carville Avenue. The nomination was seconded. Further nominations were sought. With no further nominations,the election was held by secret ballot, counted by Rene Varrin and Marita Hartshorn . Results as follows: •David Rudner 11 It was declared that David Rudner was elected to a term to expire ending March 1998 Chairman, Marita B. Hartshorn /signed/ Clerk, Rene D. Varrin /signed/ Dated: November 19, 1997 November 19, 1997 I hereby accept a Town Meeting Member position in the Town Meeting Membership of Precinct 2 for a term ending March, 1998. /signed/ David Rudner 47 Carville Ave. 351 ADJOURNED SESSION OF October 20, 1997 SPECIAL TOWN MEETING November 19, 1997 The meeting was called to order by the Moderator, Margery M. Battin at 8:05 p.m. in Cary Memorial Hall. There were 143 Town Meeting Members present. 8:05 p.m. The Moderator announced the procedures for the conduct of the meeting. Precinct Clerks were appointed as tellers and Roger Borghesani, Vice Chairman of the Appropriation Committee, is to serve as teller for the at-large - members and members serving on Boards and Committees. 8:05 p.m. The Moderator recognized Selectman Leo P. McSweeney. Mr. McSweeney moved adjournment of the meeting until after the November 19, 1997 Special Town Meeting . After a voice vote the motion was declared adopted. A true copy Attest: /Le jch \1144101/1) Donna M. Hooper, Town(clerk SPECIAL TOWN MEETING of November 19, 1997 The Special Town Meeting of November 19, 1997 was called to order by the Moderator, Margery M. Battin at 8:07 p.m. in Cary Memorial Hall. There were 143 Town Meeting Members present. 8:09 p.m. Town Clerk, Donna M. Hooper, read the warrant for the meeting until further reading was waived. The Town Clerk read the Constable's Return of the Warrant. 8:09 p.m. The Moderator announced the procedures for the conduct of the meeting. Precinct Clerks were appointed as tellers and Roger Borghesani, Vice Chairman of the Appropriation Committee, is to serve as teller for the at-large members and members serving on Boards and Committees. 8:09 p.m. The Moderator declared that Article 1 was now before the meeting and would remain open throughout the meeting. ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES Mr. Dan Fenn, Board of Selectmen, requested the Moderator recognize Mr. Ed Shapiro for a report of the Gatchina, Russia Sister City Committee. Mr Shapiro reported the need for donations of computers to Gatchina, Russia. 352 SPECIAL TOWN MEETING of November 19, 1997 cont. 8:10 p.m. The Moderator declared the meeting open under Article 2. ARTICLE 2 ZONING BY-LAW, CRO TO CD—55 HAYDEN AVENUE The Moderator recognized Mr Sam Berman, P3, who made the following motion under Article 2• N w That the Zoning By-Law of the Town of Lexington be amended by changing the zoning district designation of the land described in the -0 ' Article from the CRO, Regional Office zoning district, to CD, Planned a Commercial district. 4-1o �; The boundaries of the CD, Planned Commercial, district shall be as set N0 VI CO N forth in the Article. P. P. c _ cj o The land in the CD, Planned Commercial Development district, shall lti be subject to the Preliminary Site Development and Use Plan c1 originally filed on October 3, 1997, and revised and resubmitted on 4_, 0 c43 November 5, 1997, which has been filed with the Planning Board and acri ° the Town Clerk, in accordance with the provisions of the Zoning By- Law of the Town of Lexington. Mr. Berman requested the Moderator recognize Mr. David R. Vickery, Senior Vice President of Spaulding& Slye to make the presentation on the article. Mr. Vickery explained the proposed development, accompanied by a brief slide presentation. 8:25 p.m. The Moderator recognized Mr. Fred Merrill for a report of the Planning Board on this Article. Mr. Merrill moved that the Report of the Planning Board be accepted and placed on file. The motion was approved by voice vote. Mr. Merrill further explained the Planning Board's unanimous support of this article and outlined the reasons for support, explaining that the developer has been very responsive to and addressed the concerns voiced — including proposing a smaller building, lower F.A.R., reduced parking, and modified types of lighting. Mr Merrill stated the developer had agreed to conditions of approval to the Town and to provide contributions to the 128 Council and Town of Lexington. 8.30 p.m. Leo P McSweeney, Chairman, Board of Selectmen, stated the unanimous support of the Board for this proposal. 8:30 p.m. Ms. Joyce Miller, Conservation Commission, posed questions to Mr. Vickery regarding the proposed commitment of the owner for an annual $5.000 contribution to the Conservation Commission. Ms. Miller explained that the Commission has approved an order of conditions for the project and unanimously recommends approval of this article. The Commission believes the project will improve on current conditions of the site as well as the conservation trust. 8.34 p.m. Mr. Paul Hamburger, Appropriation Committee addressed six questions regarding the financial impact of the project on the Town, financial benefits and risks of projects. 8:37 p.m. Marita Hartshorn, Bicycle Advisory Committee, stated support for the article 8.38 p.m. The Moderator recognized Mr. Donald Graham, Transportation Advisory Committee, who spoke in support of the article and the responsiveness of the proposal to transportation issues. 353 SPECIAL TOWN MEETING of November 19, 1997 cont . 8:41 p.m. Bruce Collier, P3, spoke in support of the motion and questioned the status of the Lexpress contribution should Lexpress be abolished. Mr. Vickery agreed that the contribution would continue for transportation mitigation initiatives. 8.45 p.m. Caleb Warner, P3, spoke in favor. 8:46 p.m. Dawn McKenna, P9, asked about the proposal's provision for separate building lots and installation of a traffic light at Hayden Avenue and Waltham Street. Mr. Vickery explained the proposal allows for subdivision under provisions that no setbacks, etc. are violated. Mr. Merrill explained that the Planning Board had closely looked at this issue and felt that in no way would it be inappropriate. 8 50 p.m. Richard White, Town Manager, reiterated the commitment of the Selectmen and Town Manager to traffic mitigation. 8:51 p.m. James Barry, P1, spoke in opposition to the article and development in Lexington. 8.53 p.m. Carol Grodzins, P3, spoke about floor area ratios. 8:55 p.m. Paul Keane, P3, questioned the conservation donation of $5,000 and its dedication to Hayden Woods. Joyce Miller confirmed that it would be. 8:56 p.m. -Kenneth Reich, P4, questioned the Lexpress contribution and impact on Lexpress routes. Mr. Graham explained that it would not change service at this time. 9:00 p.m. Jacqueline Davison, P3, spoke to the issue of traffic 9:00 p.m. Sheldon Spector, P6,moved the question. 9:01 p.m. The Moderator called a vote on if the main question should now be put. After a voice vote it was declared that the main question was now before the audience. 9:02 p.m. The Moderator explained that if the vote was not unanimous a standing vote would be necessary as the article requires a 2/3 vote. After a voice vote it was deemed not to be unanimous,the Moderator declared a standing vote Precinct Yes No 1 8 1 2 12 0 3 13 2 4 14 0 5 14 0 6 16 0 7 14 0 8 14 0 9 14 1 At-Large 20 0 Total 139 4 The Moderator declared that more than the 2/3 voting in the affirmative, the motion is adopted. 9:06 p.m. Mr. McSweeney moved the Special Town Meeting of November 19, 1997 be dissolved. Adopted by voice vote. A true copy. Attest: °' 4 Donna M. Hooper, Town 'lerk 354 ADJOURNED SESSION OF October 20, 1997 SPECIAL TOWN MEETING November 19, 1997 The second November 19, 1997 meeting of the adjourned Town Meeting of October 20, 1997 was called to order by the Moderator, Margery M. Battin at 9 07 p.m. in Cary Memorial Hall. There were 144 Town Meeting Members present. 9.07 p.m. The Moderator announced the procedures for the conduct of the meeting. Precinct Clerks were appointed as tellers and Roger Borghesani, Vice Chairman of the Appropriation Committee, is to serve as teller for the at-large members and members serving on Boards and Committees. 9:07 p.m. The Moderator declared the meeting open under Article 4, STREET RELATED IMPROVEMENTS and recognized Selectman Leo P. McSweeney Mr. McSweeney moved that this article be indefinitely postponed. After a voice vote the motion was passed. 9 08 p.m. The moderator recognized Mr. Eric Michelson, P 3. Mr Michelson moved reconsideration of Article 3 of the October 20, 1997 Special Town Meeting and requested the Moderator recognize Mr Douglas Lucente,P3. 9:10 p.m. Mr Lucente played an audio tape of the May 13, 1996 meeting of the 1996 - Annual Town Meeting relating to discussion on the Cary Memorial Library article (Article 14). 9:16 p.m. Mr. Michelson gave concluding remarks regarding assessing if the project should proceed based upon fundraising issues. 9 18 p.m. Robert Coyne, P7, spoke in favor of reconsideration. 9:21 p.m. Selectman Dan H. Fenn explained that there was no question the 1996 Annual Town Meeting gave the impression that no bonds would be signed until all funds were in place. He further explained fundraising is a long and delicate process and that the library trustees have stated on many occasions that the $2,463,888 is the maximum amount requested for town commitment. The trustees have a responsibility for the remainder Mr. Fenn further explained that if a feasibility study shows fundraising is short they pledge to borrow on up to $1,000,000 of the library endowment and/or agree to continue the fund drive. Borrowing from the town, the trustees will repay principal and interest. Mr. Fenn explained that discussions are underway to formulate an agreement and that the Board of Selectmen will insist that such a document that is satisfactory to them, and protects the town, is in place before signing any bonds. Mr. Fenn explained that the Board of Selectmen unanimously urges the membership to vote no on reconsideration of this article. �] 9.26 p.m. Paul Lapointe, Appropriation Committee, stated that there is no change in the Committee's unanimous recommendation of support for the library articles from May 1996 and October 1997. 9:27 p.m. Charles Hornig, Capital Expenditures Committee, stated the Committee's unanimous opposition to reconsideration of this article. 9:28 p.m. John Hayward, P5, spoke in support of reconsideration. 9.30 p.m. Bruce Collier, P3, spoke to the possibility that some people may have been misled but opposes reconsideration. 355 ADJOURNED SESSION of October 20, 1997 SPECIAL TOWN MEETING November 19, 1997, cont . ... .. .. 9:31 p.m. Robert Cohen, P3, spoke in favor of reconsideration and asked the Trustees about funds raised over the past month? Mr. Fenn explained that the feasibility study is still underway and once r-- completed the Trustees will then target major fundraisers. Reverend Peter Meek, Trustee Chairman, explained that in advance of any formal fundraising, $50,000 has been received. 9:36 p.m. Susan Elberger, P9, School Committee and Library Trustee explained that the School Committee's original commitment has not changed and that she opposes reconsideration. 9.37 p.m. Neal Boyle, P7, questioned Reverend Meek on the availability of the results from the feasibility study and expressed his support for reconsideration. 9:38 p.m. Reverend Meek explained that the report, a public document, will be available at the Library. 9.40 p.m. The Moderator explained that the question on reconsideration of Article 3 is now before the membership and that a majority vote is required. After a voice vote the Moderator declared the motion not adopted. • I 9:40 p.m. Leo P McSweeney moved the Special Town Meeting of October 20, 1997 be dissolved. Adopted by voice vote. A true copy Attest: )1/7 Donna M. Hooper, To'In Clerk Joseph J. Dini resigned as a member of the Lexington School Committee effective December 1, 1998. This vacancy for Mr. Dini`s unexpired term will be filled at the March 1998 annual town election. 356 WARRANT FOR SPECIAL TOWN ELECTION- (SEE WARRANT FILE) SPECIAL TOWN ELECTION—MONDAY, DECEMBER 8, 1997 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday December 8, 1997, at 7 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Lexington Senior High School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. ---� The Election Officers of the various precincts were assigned for duty as follows: Precinct One Precinct Two Warden: Eileen Fradette Kenneth Smith Clerk: Judith Marcus Donna Alexson Inspectors: Robert Blouin Grace Ayers Margaret Blouin Dorothy Bond Joseph Campbell Rita Casey Margaret Kelly Marjorie McNicholas Clifford Pehrson Lois Smith Precinct Three Precinct Four Warden: Marjorie Modoono Gulli Kula Clerk: Alice G. Hopkins Richard Crawford Inspectors: Raymond Carberry Beverly Aker Lillian Drury Doris Barclay Mary Devoe Dana Regillo Marcia Flint Eleanor Smith Blanche Spilewski Gladys Snyder Precinct Five Precinct Six Warden: Jacqueline Michelove Dorothy Boggia Clerk: Leon Michelove Mary Casey Inspectors: Cornelius Cronin Hazel Allison Dorothy Gauthier Evelyn Belbin Lucy Simeone Katherine Geanacopulos Alice Stringos Barbara Simmons Martha Zani William Simmons Precinct Seven Precinct Eight Warden: Estelle Szalajeski Catherine Jones Clerk: Eric Kula Phyllis Richardson Inspectors. Bernice Gerrig Robert Edwards Robert Greenway Audrey Hosford Edna Holloran Alice Jones Elizabeth McDonough Cecil Jones Donald Macbeth Precinct Nine Warden: John Taylor Clerk: Carol Scalise Inspectors: Janet Lowther Edith Paster Robert Ryan Judith Schuler Anne Taylor 357 SPECIAL TOWN ELECTION—MONDAY,DECEMBER 8, 1997 The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at 7 a.m. and remained open until 8 p.m., at which time, after due notice,they were declared closed. The total number of registered voters in each precinct eligible to vote as of November 18, 1997 is as follows: REGISTERED r-- PRECINCT VOTERS DEM REP UNENROLL LIBER 1 1943 837 306 792, 1 2 2368 1132 305 926 3 3 2497 979 444 1069 1 4 2450 1077 374 998 1 5 2299 908 415 969 5 6 2466 1062 452 946 3 7 2239 938 352 944 1 8 2402 952 448 996 4 9 2171 804 347 1013 7 TOTALS 20835 8689 3443 8653 26 Totals include the following: Green Party: Pr. 1 — 1 Pr. 8 - 1 Prohibition: Pr. 5 - 1 Inter. 3rd Party: Pr. 1 - 6 Socialist: Pr. 3 - 1 Pr. 2 -2 Pr 6 - 1 Pr. 3 —3 Reform. Pr 7 - 2 Pr. 5— 1 Rainbow Coalition: Pr 7 - 1 Pr. 6-2 Pr. 7— 1 Pr. 8 - 1 Recap sheets were delivered to the Board of Registrars in the Comptroller's Office. 48 4% of the registered voters voted. Of the total 413 absentee ballots requested, 380 absentee ballots were cast, 226 in-person and 154 by mail. Ballots rejected include seven ballots received after the close of the polls, one returned and not cast, and one cast by a voter who was deceased prior to December 8, 1997 The Town Clerk and members of the Board of Registrars Mary Abegg, Connie Foster and Luanna Devenis canvassed the results as follows: QUESTION#1: Shall the Town of Lexington be allowed to exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay for the bonds to be issued for constructing,originally equipping and furnishing additions to and remodeling,reconstructing and making extraordinary repairs to Lexington High School, Clarke Middle School, Diamond Middle School and Harrington Elementary School and for the purchase of r-- computer hardware and software and portable classrooms? TOTALS PRI PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9 QUESTION#1 Totals 10,087 879 1094 1018 1259 1107 1328 1144 1243 1015 Yes 4529 304 557 485 662 422 600 556 593 350 No 5456 560 530 482 593 668 725 588 649 661 Blanks 102 15 7 51 4 17 3 0 1 4 A true copy. )1k1 t 4/ Attest: Donna M. Hooper, TownElerk 358 WARRANT FOR TOWN ELECTION-(SEE WARRANT FILE) TOWN ELECTION—MONDAY,MARCH 2, 1998 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, March 2, 1998, at 7 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Lexington Senior High School; Precinct Five, Cary Memorial Building; Precinct Six,William Diamond Middle School;.Precinct Seven, Joseph Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. —+ The Election Officers of the various precincts were assigned for duty as follows: Precinct One Precinct Two Judith Marcus Warden Kenneth Smith Margaret Blouin Clerk Donna Alexson Robert Blown Inspectors Dorothy Bond Margaret Kelly Rita Casey Viola Pike Owen Lafley Martha Shurtleff Clifford Pehrson Bernice Weiss Lois Smith Precinct Three Precinct Four Marjorie Modoono Warden Gulli Kula Alice G Hopkins Clerk Richard Crawford Raymond Carberry Inspectors Beverly Aker Mary Devoe Philip Pullen Lillian Drury Dana Regillo Marcia Flint Eleanor Smith Blanche Spilewski Gladys Snyder Precinct Five Precinct Six Jacqueline Michelove Warden Dorothy Boggia Leon Michelove Clerk Mary Casey Cornelius Cronin Inspectors Calvin Belbin Gloria Curran Evelyn Belbin Dorothy Gauthier Francis Coscia Marjorie McNicholas Katherine Geanacopulos Lucy Simeone Barbara Simmons Precinct Seven Precinct Eight A.Estelle Szalajeski Warden Robert Edwards Edna Holloran Clerk Doris Barclay Mildred Collentro Inspectors Grace Ayers Alla Fedus Maarib Ba77az Eileen Fradette Nicholas Hay Bernice Gerrig Audrey Hosford Elizabeth McDonough Donald Macbeth Edith Paster Precinct Nine Eric Kula Warden Carol Scalise Clerk Carole Butler Inspectors Janet Lowther Robert Ryan Clark Schuler Judith Schuler The election officers were sworn to the faithful performance of their duties. 359) TOWN ELECTION—MARCH 2, 1998 cont The polls were declared open in each precinct at 7 a.m. and remained open until 8 p.m., at which time, after due notice,they were declared closed. The total number of registered voters in each precinct eligible to vote as of February 10, 1998 is as follows: REGISTERED PRECINCT VOTERS DEM REP UNENROLL LIBER 1 1962 838 312 804 1 2 2383 1143 306 928 4 3 2508 981 442 1080 2 4 2465 1079 372 1013 1 5 2334 920 422 985 5 6 2492 1074 456 956 3 7 2255 937 352 960 1 8 2426 961 450 1009 4 9 2187 808 345 1027 7 TOTALS 21012 8741 3457 8762 28 Totals include the following: Green Party. Pr 1-1,Pr.8-1 Prohibition: Pr 5-1 Inter.3rd Party: Pr. 1-6,Pr.2-2,Pr 3-2 Rainbow Coalition:Pr 7-1 Pr.5-1,Pr 6-2,Pr 7-2,Pr 8-1 Socialist:Pr 3-1,Pr 6-1 Reform:Pr 7-2 Recap sheets were delivered to the Board of Registrars in the Comptroller's Office as follows: Precinct 1 8:45 p.m. Precinct 4 8:57 p.m. Precinct 7 8:58 p.m. Precinct 2 9:00 p.m. Precinct 5 8:40 p.m. Precinct 8 9:00 p.m. Precinct 3 9:20 p.m. Precinct 6 9:05 p.m. Precinct 9 9:55 p.m. The Town Clerk and members of the Board of Registrars Mary Abegg and Connie Foster canvassed the results as follows: Precinct 1 598 voters cast their vote Precinct 5 785 voters cast their vote Precinct 2 918 voters cast their vote Precinct 6 992 voters cast their vote Precinct 3 804 voters cast their vote Precinct 7 835 voters cast their vote Precinct 4 933 voters cast their vote Precinct 8 922 voters cast their vote Precinct 9 698 voters cast their vote Total 7485 voters cast their vote. 35.6%of the registered voters voted. 360 absentee ballots were cast. ABSENTEE BALLOT BREAKDOWN 1 Precinct Applications Processed Ballots Returned Mail In-Person Total Mail In-Person Rejected 1 11 14 25 9 14 2 20 25 45 14 25 3 31 23 54 " 25 23 1 I 4 33 17 50 23 17 5 28 16 44 25 16 6 35 21 56 29 21 1 7 16 27 43 13 27 8 21 25 46 15 25 9 25 18 43 21 18 1 Totals 220 186 406 174 186 3 360 TOWN ELECTION—MARCH 2, 1998 cont TOTALS PRI PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9 Totals 7485 598 918 804 933 785 992 835 922 698 SELECTMAN(vote for two) *Elizabeth B. Eddison 4154 251 505 475 552 401 589 492 536 353 Leo P McSweeney 3662 375 421 327 390 417 448 400 464 420 *Jeanne K.Krieger 4416 273 597 522 603 429 618 503 524 347 All Others 0 0 0 0 0 0 0 0 0 0 -Blanks 2738 297 313 284 321 323 329 275 320 276 (*elected for three years) MODERATOR(vote for one) *Margery M.Battin 4700 290 631 521 629 436 649 566 575 403 Dennis M. O'Connor,Jr 2435 264 250 245 272 300 307 236 303 258 All Others 0 0 0 0 0 0 0 0 0 0 -Blanks 350 44 37 38 32 49 36 33 44 37 (*elected for one year) SCHOOL COMMITTEE(3 YEARS) *Fred D Rosenberg 4206 252 538 452 583 384 581 491 535 390 *Martin Long 3961 246 520 431 556 368 622 425 477 316 Perry Pollins 2279 249 246 228 242 311 291 238 232 242 Richard D Sandberg 1356 137 140 148 127 169 127 170 207 131 All Others 0 0 0 0 0 0 0 0 0 0 -Blanks 3168 312 392 349 358 338 363 346 393 317 (*elected for three years) SCHOOL COMMITTEE(1 YEAR) John P Carroll 3252 321 324 326 345 372 406 350 431 377 *Robin B.DiGiammarino 3908 254 560 448 546 370 537 442 455 296 All Others 0 0 0 0 0 0 0 0 0 0 -Blanks 325 23 34 30 42 43 49 43 36 25 (*elected for one year) PLANNING BOARD * Stacey P Bridge-Denzak 3538 258 416 373 449 379 463 376 484 340 All Others 0 0 0 0 0 0 0 0 0 0 Blanks 3947 340 502 431 484 406 529 459 438 358 (*elected for five years) TOWN MEETING—PRECINCT 1 -(elect seven for three years) *John P Breen 252 *Carol J Sampson 268 *Jonathan G.Cole 310 *Carol A. Batstone 235 *Nancy C.Gordon 291 *Eric Jay Michelson 318 *Barry E. Sampson 254 Henry D.Zuerndorfer 172 All Others 0 -Blanks 2086 (*elected for three years) TOWN MEETING—PRECINCT 2-(elect seven for three years) *Thomas R. Diaz 441 Winston E. Flynn 271 *Karen A. Dooks 473 Laurie M.Rice 299 *Myla Kabat-Zinn 498 Mary W.Sinek 271 *Andrew McAleer 530 All Others: *Barry Orenstein 497 William Carruthers 1 *David Rudner 475 Karen Gray I *Ira Bernstein 474 -Blanks 2195 (*elected for three years) TOWN MEETING—PRECINCT 3-(elect seven for three years;one for one year) *RobertN Cohen 322 *Mary E.Neumeier 419 *Bruce Collier 365 *Nancy M. Cannalonga 350 *Shirley Rauson Frawley 392 **Nicholas A.Cannalonga 297 Paul E. Keane 275 Tracy L.Johnson 185 *Marjorie K.Madoff 432 Anthony J Travers 167 *Marilyn K. Mairson 409 Merton L. Ward 192 All Others 0 -Blanks 2627 (*elected for three years; **elected for one year) 3.61 TOWN ELECTION—MARCH 2, 1998 cont TOWN MEETING—PRECINCT 4-(elect seven for three years;one for two years;one for one year) *Nyles Nathan Barnert 428 *Scott F.Burson 396 *John L. Davies 434 Douglas J Luckerman 301 **Frederick L.Merrill,Jr 369 ***Ann H.Miller 316 *Kenneth A. Reich 387 John B.Murray 251 *Sandra J. Shaw 473 Edward R.Natale 225 *Ruth S.Thomas 444 Sandra F Natale 246 *Judith J Uhrig 461 All Others 0 -Blanks 3666 (*elected for three years;**elected for two years;***elected for one year) 1 TOWN MEETING—PRECINCT 5-(elect seven for three years;one for one year) Howard Cravis 243 Robert V.Aghababian 181 *Ira W Crowe 295 Sandra S.Aghababian 200 *Irene M.Dondley 277 Richard F.McDonough 231 *Andrew J Friedlich 315 *Perry Pollins 298 *Paul E.Hamburger 290 Dana A.Regillo 239 **Sally S.Huebscher 269 Edward Shapiro 178 *Carol A.Liff 305 All Others 0 *Charles T.Vail 277 -Blanks 2682 (*elected for three years;**elected for one year) TOWN MEETING—PRECINCT 6-(elect seven for three years) Michael R.Barry 244 Robert E.Fantasia 210 *Suzanne E.Barry 313 *Anthony G Galaitsis 487 *Florence A.Baturin 420 *Martin Long 550 *Kate Priscilla Diamond 464 Jonathan T.Longley 229 *Alan J Lazarus 476 Sorin Marcovici 204 Dennis M.O'Connor,Jr 277 Denise Irene O'Connor 224 William B. Simmons 276 All Others: r— *Paul Chernick 391 Howard Levingston 1 -Blanks 2178 `___ (*elected for three years) TOWN MEETING—PRECINCT 7-(elect seven for three years) *Neal E.Boyle,Jr 340 Scott Robert Aghababian 164 *George A.Burnell 362 Sharon Avakian-Avedisian 249 *Clark A.Cowen 426 Frank A.Greco 194 *Gordon M.Hardy 408 Joseph A.Lahiff 177 *David Kanter 332 All Others 0 *David G.Miller 393 -Blanks 2374 ' *Joyce A.Miller 426 (*elected for three years) TOWN MEETING—PRECINCT 8-(elect seven for three years) *Elizabeth J Bryant 395 Stacey P Bridge-Denzak 364 *Diana T Garcia 522 *Jewel S.Douglass 386 *Alan Mayer Levine 497 Richard D Sandberg 335 *H. Bigelow Moore 464 All Others 0 *James A.Osten 378 -Blanks 2683 *Robert V. Whitman 430 (*elected for three years) 11 n t` TOWN MEETING—PRECINCT 9-(elect seven for three years) ' *Anthony B.Close 320 Joshua Hassol 262 *Margaret E.Coppe 353 William H.Levison 268 *Thomas 0 Fenn 369 *Dorris P Traficante 286 *William P Kennedy 331 All Others: *Henry Norman Manz 315 Nancy Engels 1 *Dawn E.McKenna 306 -Blanks 2075 (*elected for three years) A true copy. Attest: aelvitiAl 1,-AQ2A./ Donna M. Hooper, TowrVClerk 362 Jeanne K. Krieger, 44 Webster Road, resigned as a Town Meeting Member from Precinct Three effective March 4, 1998. As Ms. Krieger was elected to the Board of Selectmen at the Annual Town Election held March 2, 1998, she is now a Town Meeting Member at Large in accordance with Chapter 215, Section 3 of the Acts of 1929. Paul E. Keane, 17 Woodcliffe Road, received the highest number of votes as a defeated candidate for Town Meeting Member from Precinct Three at the Annual Town Election held March 2, 1998. As of March 11, 1998 Mr. Keane's acceptance of the position of Town Meeting Member, Precinct Three, to fill the vacancy caused by the resignation of Jeanne K. Krieger, 44 Webster Road, has been filed with the Town Clerk. This term Will expire in March 1999. Heather L. Hartshorn, 28 Locust Avenue, resijned as a Town Meeting Member from Precinct Two effective March 23, 1998. --a Laurie M. Rice, 7 Bruce Road, received the highest number of votes as a defeated candidate for Town Meeting Member from Precinct Two at the Annual Town Election held March 2, 1998. As of March 23, 1998 Ms. Rice's acceptance of the position of Town Meeting Member, Precinct Two, to fill the vacancy caused by the resignation of Heather L. Hartshorn, 28 Locust Avenue, has been filed with the Town Clerk. This term will expire in March 1999. 1 3.63 1998 ANNUAL TOWN MEETING -MARCH 23, 1998 The 1998 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., in Cary Memorial Hall. A quorum of 180 members was present. The invocation was offered by Reverend Brian Dixon, First Baptist Church. The Moderator honored the passing of long-time former town employee Emanuele"Manny" Coscia,Jr.,former DPW Director of Planning and Administration, a 40 year town employee; William Fitzgerald,a white tricon hat recipient,40 year Town Meeting member and former chair of the fire commissioners; and 37 year Town Meeting member, 20 year Lexington Minuteman Alfred Tropeano. The Town Clerk, Donna M. Hooper,read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Return of the Warrant. The Moderator outlined procedures and conduct of Town Meeting. ARTICLE 2: REPORTS OF COMMITTEES 8:16 p.m. Selectman Peter Enrich moved that the report of the Town Manager be accepted and placed on file. Following a unanimous voice vote,the Moderator declared the report to have been accepted and placed on file. 8:20 p.m. Selectman Peter Enrich moved that the report of the Committee on Cary Lectures be accepted and placed on file and that the Committee discharged. Susan Rockwell of the Committee presented the report. Following a unanimous voice vote at 8:20 p.m., the Moderator declared the report to have been accepted and placed on file and the Committee discharged. r- ARTICLE 3: APPOINTMENTS TO CARY LECTURE SERIES 8:20 p.m. Presented by Selectman Peter Enrich. MOTION: That a committee of three be appointed by the Moderator to have the charge of the lectures under the wills of Eliza Cary Farnham and Suzanna E. Cary for the current year. Following a voice vote at 8:29 p.m., the Moderator declared unanimous adoption of the motion. Selectman Peter Enrich moved to take up Article 29 at this time. Following a voice vote the moderator declared the meeting open under Article 29. ARTICLE 29: RESCIND UNUSED BORROWING AUTHORITY 8:22 p.m. Presented by Selectman Peter Enrich. MOTION: That the unused borrowing authorizations voted under Article 12 of the Warrant for the 1993 Annual Town Meeting and Article 22 of the Warrant for the 1996 Annual Town Meeting are hereby rescinded. Mr. Enrich explained the basis for the unused borrowing authorizations, including removal of infiltration of ground water into the sewer and bond authorization for the purchase of land at Woburn Street and Massachusetts Avenue, and stated that the Selectmen recommended approval. 8:23 p.m. William Kennedy, Capital Expenditures Committee, stated that the Committee unanimously recommends approval. 8:24 p.m. Paul Lapointe, Appropriation Committee, stated that the Committee unanimously recommends approval. 364 Annual Town Meeting—March 23, 1998 Special Town Meeting—March 23, 1998 Following a voice vote at 8:25 p.m., the Moderator declared unanimous adoption of the motion. 8:25 p.m. Board of Selectmen Chairman Peter Enrich moved that the meeting be adjourned until after completion of the Special Town Meeting. Following a voice vote at 8:25 p.m., the Moderator declared unanimous adoption of the motion. A true copy. Attest: 4(1714W_)11 i ; • Donna M. Hooper, To Clerk SPECIAL TOWN MEETING of MARCH 23, 1998 The Special Town Meeting of March 23, 1998 was called to order by Moderator Margery M. Battin, at 8:30 p.m., in Cary Memorial Hall. A quorum of 180 members was present. The Town Clerk, Donna M. Hooper,read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Return of the Warrant until waived. ARTICLE 1: PORTABLE CLASSROOMS 8:32 p.m. Ms. Barrie Peitz, Chairman of the School Committee,presented the following motion: MOTION: That the sum of$1,500,000 be appropriated for the purchase of portable classrooms for the School Department; that to meet this appropriation the Treasurer with the approval of the Selectmen, is authorized to borrow$1,500,000 under G.L. c.44, §7; and that the Permanent Building Committee is authorized to take all action necessary to carry out this project. Ms. Peltz explained the need 'for 13 portable classrooms, situated as follows: three at Harrington Elementary School, four at Maria Hastings Elementary School, and six at Diamond Middle School. Ms. Peitz explained projected enrollment increases over the course of upcoming years. 8:39 p.m. Karen Dooks, Capital Expenditures Committee, reported on Article 1 and stated that the Committee recommends passage of the Article as the portable classrooms are needed regardless of any long-term capital plan. 8:40 p.m. Alan Levine, Appropriation Committee, stated unanimous support of the Committee for approval of this article, explaining that the debt service for this expense will be primarily felt between the years 2001 to 2005. 8:43 p.m. Peter Enrich, Board of Selectman Chairman, stated the Selectmen unanimously support this article. 8:44 p.m. Sally Huebscher,pr.5, questioned the usage of classrooms at Clarke Middle School, configuration of space, and projected enrollment at Clarke. 8:44 p.m. David Kanter,pr.7, questioned the deferral of the purchase of some units. 1 365 Special Town Meeting—March 23, 1998 8:45 p.m. Ms. Peitz requested John Moynihan, Director of Facilities, Grounds and Support Services,be recognized. Mr. Moynihan explained that deferral of purchases would cause a cost increase from 10-15%,primarily a remobilization cost. 8:45 p.m. Sheldon Spector, pr.6, questioned the School Department's enrollment projections and how the actual increases compare to those projected. 8:45 p.m Ms. Peltz reported projected increases and explained that actual enrollment .--. changes had been within 1 to 2 %of projected changes. 8:47 p.m. Sam Silverman, pr.5, questioned the impact of the portables on long term building plans. 8:49 p.m. Barrie Peltz explained that the request for portable classrooms and the long- term capital plan are not related for FY99 and that in the future portables would be needed for swing space to reduce interruption during any capital project. 8:50 p.m. Marsha Byrnes, pr.5, asked how many students from the Clarke Middle School district were attending Diamond Middle School. Ms. Peltz responded that approximately 40 students from the Clarke district were attending Diamond. 8:50 p.m. John Breen, pr.1, asked if the 6 portable classrooms at Diamond Middle School would be situated on the athletic field. Ms. Peitz asked the Moderator to recognize Mr. Moynihan. Mr. Moynihan described the proposed placement of the portables. As this motion requires a two-thirds vote the Moderator explained that if the vote was not unanimous a standing vote would be required. Following a voice vote at 8:50 p.m., the Moderator declared the vote not to be unanimous and called for a standing vote on Article 'r' 1, tallied as follows: Precinct Yes No 1 13 0 2 16 0 3 19 0 4 13 1 5 15 2 6 16 0 7 16 0 8 13 1 9 13 2 At Large 24 0 TOTAL 158 6 More than the required two-thirds, the motion was adopted at 8:53 p.m. ARTICLE 2: SUPPLEMENTARY APPROPRIATION AND LABOR CONTRACT APPROVAL 8:53 p.m. Selectman Chairman Peter Enrich presented the following motion: MOTION: That the Town vote to approve the arbitration award relating to the collective bargaining agreement for fiscal years 1995 through 1997 between the Town and the Lexington Fire Fighters Union, Local 1491, I.A.F.F.,AFL-CIO and that$27,325 be appropriated therefor, and that such amount be transferred from the Unreserved Fund Balance. Mr. Enrich explained the background on the fire arbitration award and expressed unanimous and wholehearted support of the article by the Board of Selectmen. Mr. Enrich requested the Moderator recognize Town Manager Richard White. 366 Special Town Meeting—March 23, 1998 Adjourned Session— 1998 Annual Town Meeting—March 23, 1998 8:55 p.m. Mr. White explained the funding need for the Joint Labor Management Committee arbitration decision and that the Town had previously appropriated and set aside $227,156 to cover needs for 1995, 1996, and 1997. The requested $27,325 is required to supplement the funds previously set aside for these years. Mr. White further explained that $717,000 had been set aside for increases for union and nonunion employees for 1995-1997, including the$227,156. The fire fighters comprise 19% of the town payroll and received 32%of the increase. Mr. White urged approval of this requested appropriation and explained that an additional $100,000 would be requested under Article 5 for FY98 supplemental appropriation for fire overtime. Mr. White again urged support of these requests. 9:01 p.m. Paul Lapointe, Appropriation Committee, explained the Committee unanimously recommended this appropriation. 9:02 p.m. Dawn McKenna, pr.9, commented on the handling of the issue and urged passage of the article. 9:04 p.m. Sheldon Spector, pr.6 urged the Town to move forward. 9:04 p.m. Peter Enrich responded to the concerns of the two previous speakers and emphasized the need to look forward and not back, further explaining that this had been a complicated process with an unfortunate history. Mr. Enrich explained that the Board of Selectmen believes the Town Manager has handled this matter professionally and will continue to do so, respecting the needs of the Town and the interests of the unions in an appropriate way. 9:06 p.m. Sheldon Spector,pr.6,questioned the award timing and funding by a possible transfer from another account. 9.07 p.m. Mr. Enrich responded that the three prior fiscal year's funding which had been set aside are insufficient and that the issue had been brought to Town Meeting at the first available opportunity feasible. Following a voice vote at 9:08 p.m.,the Moderator declared the motion adopted. 9:08 p.m. Selectman Chairman Peter Enrich moved the Special Town Meeting of March 23, 19978 be dissolved. Adopted by voice vote. A true copy. Attest: ; Donna M. Hooper, Town 'lerk Adjourned Session—1998 Annual Town Meeting—March 23, 1998 9:08 p.m. Moderator Margery Baffin declared the meeting open under the Annual Town Meeting. 9:08 p.m. Selectman Enrich moved the following: MOTION: I move that Articles 7, 30, 33 through 39, 41, 46 through 52, 56 through 60 be taken up in that order except that Articles 32 and 40 be taken up as the first order of business on March 30, Articles 43, 45 and 53 be taken up as the first order of business on April 6, and thereafter all remaining articles be taken up in their numerical order except that Article 44 shall be taken up just prior to Article 61. 367 Adjourned Session—1998 Annual Town Meeting—March 23, 1998 Mr. Enrich explained the status of the budget negotiations between the Board of Selectmen and School Committee and the desire to address the financial articles at the latter part of Town Meeting. With the progress being made, it is expected that a satisfactory resolution is forthcoming. 9:12 p.m. Ephraim Weiss,pr.5,spoke of his displeasure about the motion to change the order of the articles, commenting that it happens every year. Following a voice vote at 9:15 p.m. the Moderator declared the motion adopted. The Moderator declared the meeting open under Article 7. ARTICLE 7: SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED CAPITAL IMPROVEMENT PROJECTS 9:15 p.m. Donald Chisholm, Recreation Committee, made the following motion: MOTION: That the sum of$80,000 be appropriated, in addition to the amount appropriated under Article 19 of the Warrant for the 1997 Annual Town Meeting, to make improvements at the Town Pool Complex as determined by the Recreation Committee with the approval of the Board of Selectmen, and that such amount be transferred from the Unreserved Fund Balance. Mr. Chisholm explained passage of Article 19 of 1997 and the events leading up to the need for additional funds to complete the proposed project. 9:18 p.m. Dan Busa stated the Board of Selectmen unanimously recommended approval. 9:18 p.m. Shirley Stoltz, Capital Expenditures Committee, stated the Committee recommended approval. 9:19 p.m. Paul Lapointe, Appropriation Committee, questioned if the FY97 appropriation was from the Enterprise Fund and not the tax levy. Mr. Chisholm explained the appropriation had been from the Enterprise Fund. Mr. Lapointe expressed support for this article by the majority of the Appropriation Committee and expressed some concern about the availability of free cash. 9:20 p.m. Sam Silverman, pr.5, questioned Mr. Chisholm about why this isn't being funded through the Enterprise Fund. Mr. Chisholm reported on the unavailability of funds from the Enterprise Fund. 9:23 p.m. David Kanter,pr.7, spoke in support of the activity but expressed his desire that the Enterprise Fund would fund the request and of his opposition to covering the expense from free cash. 9:23 p.m. Marita Hartshorn,pr.2, spoke in favor but questioned the request taken that no Notice of Reconsideration be served. 9:24 p.m. The Moderator recognized Town Manager Richard White. Mr. White explained that the Town would like to give the contractor reasonable assurance that the money is there so work can start in the Spring. 9:25 p.m. Frank Sandy,pr.6, spoke about not reconsidering and if this is to be the case then the funds should be taken out of the Enterprise Fund and not the tax levy. 9:25 p.m. Donald Chisholm, Recreation Committee, explained that Article 21 would be coming before town meeting and would be seeking use of Enterprise Funds. 9:26 p.m. David Harris, pr 4, questioned previous transfers from the Enterprise Fund for payment in lieu of taxes. E - - 368 Adjourned Session— 1998 Annual Town Meeting—March 23, 1998 9:26 p.m. Town Manager Richard White explained that$50,000 had been previously transferred from the Enterprise Fund and explained that on page 17 of the Town Manager's FY99 budget report an appropriation of$1,242,793 from the Recreation Enterprise Fund is proposed for FY99. 9:27 p.m. Scott Burson, pr.4, questioned if the Recreation Committee had looked at changing fees to generate these funds. Mr. Chisholm responded that the Committee had not but that $80,000 represents approximately 40%of the annual cost of running the pool. Mr. Chisholm requested the Moderator recognize Recreation Director Karen Simmons for further clarification on revenue. 9:28 p.m. Karen Simmons explained that approximately$200,000 was generated from operating the aquatics program, expenses approximate $200,000. 9:28 p.m. Bruce Collier, pr.3, opposes funding this request due to being requested to refrain from reconsideration and exempting this item from being balanced against other articles. 9:31 p.m. Ephraim Weiss,pr.5, moved that this article be postponed until after Article 4. The Moderator explained that this is a subsidiary motion and that there is ten minutes for debate. 9:32 p.m. Peter Diamond, pr.6, questioned if Town Meeting had the option to remove $80,000 in lieu of taxes from the Enterprise Fund under Article 4. 9:33 p.m. The Moderator recognized Town Manager Richard White. Mr. White explained that the budget as proposed does not include payment in lieu of taxes this year. 9:33 p.m. Peter Diamond, pr.6, stated that the funds could be moved out of the Enterprise Fund later. 9:35 p.m. Paul Lapointe, Appropriation Committee, requested if the motion would be delayed until Wednesday, March 25th to have two days to bring information forward. The Moderator requested, with unanimous consent of those present, that Mr. Weiss move to postpone further discussion on this article until Wednesday evening, March 25th . With unanimous consent of all present Mr. Weiss withdrew his previous motion and moved to postpone further discussion of this article until Wednesday evening the 25th. 9:36 p.m. Dawn McKenna,pr.9,spoke about the process and those expenses to be taken from the tax levy and those from the Enterprise Fund. 9:37 p.m. Sheldon Spector,pr.6,requested that the Appropriation Committee comment on the fiscal responsibility of the Committee not to serve notice of reconsideration. 9:37 p.m. Following a voice vote the subsidiary motion by Mr. Weiss to postpone further discussion on Article 7 until Wednesday the 25th was adopted and the Moderator — explained that it will be the first order of business on Wednesday the 25th. The Moderator declared the meeting open on Article 30. 7 3.69 Adjourned Session— 1998 Annual Town Meeting—March 23, 1998 ARTICLE 30: AMEND ARTICLE XXXII OF GENERAL BY-LAWS—WETLAND PROTECTION 9:38 p.m. Joyce Miller, Conservation Commission,presented the following motion: MOTION: That Article XXXII of the General By-Laws be amended by adding • to a new section 8 thereto as set forth in a document filed with the Town Clerk on February CD • 6, 1998. cd To be inserted as Section 8 Upon receipt of a permit application,the Conservation Commission is authorized to require an applicant to pay a fee for the reasonable costs and expenses borne by the a) Commission for specific expert engineering and other consultant services deemed necessary by the Commission to come to a final decision on the application. The specific consultant services may include but are not limited to resource area survey and delineation, analysis of resource area values, including wildlife habitat evaluations,hydrogeologic and drainage analysis,and environmental or land use law. • co ^ The Commission may require the payment of the consultant fee at any point in its cu o Lr) deliberations prior to a final decision. The applicant shall pay the fee to be put into aa separate account established by the Town Treasurer and administered pursuant to cd 0 the provisions of Section 53G of Chapter 44 of the Massachusetts General Laws. a <4 The exercise of discretion by the commission making its determination to require the payment of a consultant fee shall be based upon its reasonable finding that additional information acquirable only through outside consultants would be necessary for the making of an objective decision. Any applicant aggrieved by the selection of the consultant may appeal to the Board of Selectmen as set forth in Section 53G of Chapter 44 of the Massachusetts General Laws. The maximum consultant fee charge to reimburse the Commission for reasonable costs and expenses shall be according to the following schedule: Project Cost Maximum Fee Up TO$500,000 $2,500 $500,001 — 1,000,000 $5,000 $1,000,001 - $1,500,000 $7,500 $1,500,001 -2,000,000 $10,000 For each additional $500,000 increment in project cost (over $2,000,000), the maximum consultant fee shall be increased by an additional $2,500. The project cost means the estimated entire cost of the project, including but not limited to building construction, site preparation, landscaping, and all site improvements. The consultant fee shall be paid pro-rata for that portion of the project cost applicable to those activities within resource areas protected by this by- law. The project shall not be segmented to avoid being subject to the consultant fee. The applicant shall submit estimated project costs at the commission's request, but the lack of such estimated project costs shall not avoid the payment of consultant fee. 9:38 p.m. Joyce Miller requested the Moderator recognize Conservation Committee member Phil Hamilton for a presentation on the article and its purpose. 9:43 p.m. Selectman Peter Enrich stated the Selectmen's unanimous support. 9:43 p.m. Paul Lapointe, Appropriation Committee, expressed unanimous support of the Committee for the article. 370 Adjourned Session— 1998 Annual Town Meeting—March 23, 1998 9:44 p.m. Ephraim Weiss,pr.5,questioned the source of a handout on the back table and the manner in which this by-law is to be inserted as section 8 in the by-laws. 9:50 p.m. Neal Boyle, pr.7, spoke in opposition. Following a voice vote at 9:52 p.m., the Moderator declared the motion adopted. 9:52 p.m. Planning Board Member John Davies reported under Article 2 on the distribution of the Planning Board report for upcoming articles to be debated at next session. 9:53 p.m. Peter Enrich, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday, March 25, 1998 at 8:00 p.m., at Cary Memorial Hall. Adopted by voice vote. 9:53 p.m.. A true copy. Attest: Donna M. Hooper, Tovk Clerk 371 ADJOURNED SESSION—1998 ANNUAL TOWN MEETING MARCH 25, 1998 The March 25, 1998 Adjourned Session of the 1998 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:06 p.m., in Cary Memorial Hall. A quorum of 174 members was present. The Moderator called the meeting open on Article 2. ARTICLE 2: REPORTS OF COMMITTEES 8:08 p.m. The Moderator recognized Comptroller John Ryan to present a report on the Recreation Enterprise Fund. Mr. Ryan reported an unreserved fund balance in the Enterprise Fund of$256,000 as of June 30, 1997, explaining that expenses incurred during July and August for the operation of the pool facility would virtually bring the fund close to a zero balance and provide no funding available to be applied toward the cost of the proposed pool project. 8:11 p.m. Frank Sandy, pr.6, questioned the relevance of the fund balance at different points. 8:12 p.m. John Ryan responded to Mr. Sandy's questions regarding fund availability. 8:15 p.m. Alan Levine,Appropriation Committee,further clarified the status of the Enterprise Fund balance. The Moderator further inquired about fund availability for future appropriations at this town meeting. 8:17 p.m. Bruce Collier,pr.3,requested additional clarification on fund balance which was further clarified by John Ryan. 8:18 p.m. Donald Chisholm,Recreation Committee,further explained expenses during the months from July to September 1997. 8:20 p.m. The Moderator declared Article 7 before the meeting,and the motion previously made under Article 7 on March 23, 1998,at this tim. ARTICLE 7: SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED CAPITAL IMPROVEMENT PROJECTS 8:20 p.m. Donald Chisholm, Recreation Committee,further explained the need for the requested funds and seeks approval of these funds from the unreserved fund balance. He also explained that the Committee is no longer requesting that reconsideration be waived. 8:23 p.m. Selectman Dan Busa expressed unanimous approval by the Board of Selectmen and urged passage of this article. Mr. Busa also spoke in favor of supporting pool operations. 8:25 p.m. David Kanter,pr.7, spoke of his support for the pool but that he was proposing an amendment to the motion. AMENDMENT: That the words "that said amount be transferred from the Unreserved Fund Balance" be deleted and that the following words be substituted therefor: "that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow$80,000 under G.L.C. 44, §7(25); and further that debt service on the general obligation bonds or notes issued hereunder shall be paid from the Recreation Enterprise Fund to the extent funds are available and appropriated therefrom." 372 Adjourned Session— 1998 Annual Town Meeting, cont..... . —March 25, 1998 8:26 p.m. David Kanter,pr.7, spoke on his amendment. 8:29 p.m. Paul Lapointe,Appropriation Committee, stated that the Committee unanimously supports the amendment. 8:31 p.m. Donald Chisholm explained that the Recreation Committee has no compelling argument to disagree, that the Committee is prepared to accept the amendment, but that the Committee is concerned about the timeframe available to perform the required work before the pool opening. Mr. Chisholm then explained that the Committee now would re-insert its request to abstain from serving notice of .� reconsideration. 8:35 p.m. The Moderator declared a three minute recess for the Selectmen to confer. 8:40 p.m. The Moderator called the meeting to order and explained that the amendment is a majority vote and that the main motion is a 2/3 vote. 8:41 p.m. Dan Busa, Board of Selectmen,explained that although the Board of Selectmen is intrigued by the amendment the Board is unanimously opposed to the amendment and supports the main motion. 8:43 p.m. Ira Bernstein,pr.2,questioned the impact on pool fees if the expense is bonded. 8:44 p.m. David Kanter,pr.7, clarified the amended motion never proposed fees from only the pool cover this expense but rather all revenue producing activities. 8:45 p.m. Donald Chisholm, Recreation Committee, responded that the 1997 aquatic revenues approximate$240,000 of the estimated$1,200,000 Enterprise Fund revenue and that possibly an 8%increase in aquatic fees would be required to cover this expense. 8:46 p.m. Bruce Collier,pr.3, spoke in favor of the amendment. 8:48 p.m. Ephraim Weiss, pr.5, spoke on the fee issue and in favor of the amendment. 8:48 p.m. Following a voice vote the Moderator declared the amendment adopted and that the motion as amended was now before the meeting. 8:49 p.m. Joel Adler,pr.1, questioned serving notice of reconsideration. 8.50 p.m. Paul Lapointe, Appropriation Committee, explained that he will service notice of reconsideration and bring the article back up on Monday, March 30`h 8:50 p.m. As this motion requires a two-thirds vote the Moderator called for a standing vote on Article 7 as amended,tallied as follows: Precinct Yes No 1 13 3 2 15 0 3 14 3 4 13 3 5 13 0 6 17 0 7 16 0 8 13 1 9 15 2 At Large 17 0 TOTAL 146 12 373 Adjourned Session—1998 Annual Town Meeting, cont —March 25, 1998 8:53 p.m. More than the 2/3 required, the Moderator declared the motion adopted as amended. 8:54 p.m. Paul Lapointe, Appropriation Committee, served Notice of Reconsideration of Article 7. ARTICLE 33: SMALL LOTS 8:55 p.m. Steve Colman,Planning Board,moved that the Report of the Planning Board on Article 33 be accepted and placed on file. Following a voice vote at 8:55 p.m. the Moderator declared the vote unanimous and the report to have been accepted and placed on file. 8:55 p.m. Presented by Steve Colman, Planning Board. Approved by MOTION: That the Zoning By-Laws of the Town be amended as set forth Atty. Gen. in the motion attached to the report of the Planning Board and filed with the Harshbarger Town Clerk. Aug. 25, 1998 Posted Sept. 14, 1998 (MOTION of Planning Board Report): 9 precincts That the Zoning By-Law be amended: • in Section 7.4.1 Pre-Existing Residential Lots, by striking out the first paragraph and by inserting in place thereof the following: "LOT IN SEPARATE OWNERSHIP: In any district a lot,if used for a one-family or two- family dwelling, which: 1) at the time of recording or endorsement,as shown by the most recent instrument of record prior to the effective date of the zoning change from which the exemption is sought, was not held in common ownership with any adjoining land, '"' 2) had at least 5,000 square feet of lot area and 50 feet of lot frontage, and 3) conformed to the then existing requirements for minimum lot area, minimum lot frontage,minimum lot width,minimum front yard,minimum side yard and minimum rear yard, is not required to comply with the requirements of Table 2 for minimum lot area,minimum lot frontage,minimum lot width,minimum front yard,minimum side yard and minimum rear yard, and may be subject to the provisions of subparagraphs 7.4.1.a. and 7.4.1.b. below." in subparagraph a. AREA AND FRONTAGE EXEMPTIONS, by deleting the first line which reads: "prior to March 17, 1924 Any Any" and in the existing second line by deleting the words: "On or after March 17, 1924 and" so that the line, as amended,will read: "Prior to March 18, 1929 ",and so that the first part of the subsection a., as amended,will read: "a. AREA AND FRONTAGE EXEMPTIONS Lots laid out and recorded Area at Frontage by plan or deed least at least Prior to March 18, 1929 5,000 sq. ft. 50 ft." 8:56 p.m. Steve Colman explained plans on this article and upcoming Planning articles, including potential effect on tear-downs in the community and steps taken to bring Lexington zoning law in conformance with M.G.L. C. 40A. 9:00 p.m. Selectman Peter Enrich stated the unanimous support of the Board of Selectmen for this article. 9:01 p.m. Mary Haskell,Fair Housing and Human Relations Committee, stated unanimous opposition of the Committee on this article. Ms. Haskell addressed the impact of the changes by removing lots which are most affordable as potential building lots. 374 Adjourned Session—1998 Annual Town Meeting, cont . . . —March 25, 1998 9:02 p.m. Peter Kelley,pr.4, stood in opposition to the proposed changes. Mr. Kelley questioned if the owners of impacted lots had been given notice of proposed changes and questioned potential economic impact to the town's tax base. 9:05 p.m. Sheldon Spector, pr.6, questioned if the impacted lots were found more in any particular area of the town. 9:07 p.m. Steve Colman explained that the lots are scattered throughout town. 9:07 p.m. Jacqueline Davison,pr.3, spoke in support. 9:08 p.m. Richard Canale,pr.9, spoke in support. 9:09 p.m. Alan Lazarus,pr.6, supported the motion. 9:09 p.m. Ephraim Weiss,pr.5, spoke in support. 9:10 p.m. Loretta Porter,pr.9, questioned restrictions on rebuilding. 9:11 p.m. The Moderator recognized Planning Director Robert Bowyer to explain by-law restrictions on rebuilding. 9:12 p.m. Martin Long,pr 6,questioned the Planning Board on how much could be torn down before restrictions are imposed. Mr. Bowyer explained reconstruction issues Mr Long continued in discussion on tear- down and impact of this by-law change, stating that small lots prohibit the building of modest/small houses on these small lots. Mr. Bowyer responded that the Town had limited control on the size of houses built on lots of less than 5,000 square feet. 9:14 p.m. Martin Long,pr.6, stated his opposition to this article. 9:15 p.m. Joel Adler, pr.1, spoke in opposition to the article, stating its risks to owners of small properties on building opportunities and the issue of fairness for these owners. 9:17 p.m. Bruce Collier,pr.3, spoke in support. 9:19 p.m. Ronald Colwell, pr.4, questioned the number of lots classified as buildable lots. 9:20 p.m. Steve Coman,Planning Board, stated that the number of buildables is unknown. 9:21 p.m. Kenneth Reich, pr.4, questioned the Planning Board on the number of lots with less than 50 ft. frontage and the number with more than 3,000 s. . Steve Colman responded that each was not currently known.. Mr. Reich stated his support of the motion and recommended exemption on vacant lots for approval of low and moderate income building. 9:23 p.m. Elizabeth Whitman,pr.6, moved the question. Following a voice vote, the Moderator declared the main question now before the Meeting. 9:23 p.m. Steve Colman stated that the intent of the article is expressed in the warrant. II �-. 375 Adjourned Session— 1998 Annual Town Meeting, cont . —March 25, 1998 9:23 p.m. As this motion requires a two-thirds vote the Moderator called for a standing vote on Article 33,tallied as follows: Precinct Yes No 1 10 9 2 10 6 3 9 9 4 12 4 5 7 8 6 14 3 7 9 5 8 11 4 9 15 3 At Large 15 3 TOTAL 112 54 9:27 p.m. More than the 2/3 required, the Moderator declared the motion adopted. 9:27 p.m. Robert Cohen,pr.3, served notice of reconsideration of Article 33. ARTICLE 34: CONVERSION OF ONE FAMILY HOUSES 9.27 p.m. Steve Colman,Planning Board,moved that the Report of the Planning Board on Article.34 be accepted and placed on file. Approved by Atty. Gen. Followinga voice vote at 9:27 p.m.the Moderator declared the vote unanimous and Harshbarger Aug. 25, 1998 the report to have been accepted and placed on file. Posted Sept. 14, 1998 9:27 p.m. Presented by Steve Colman,Planning Board. MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion attached to the report of the Planning Board and filed with the Town Clerk. (MOTION of Planning Board Report): That the Zoning By-Law be amended in subsection 5.3 Conversion of One-family Dwellings: A. In subparagraph 5.3.2 Conditions and Requirements,. by striking out the existing subparagraph 5.3.2. b. 2 and by inserting in place thereof the following new subparagraph 2: "2. An enlargement or addition to the structure is permitted provided the SPGA makes a determination that: a. the architectural character of a detached one-family dwelling is maintained, and b. any enlargement or addition to the structure is minor, is consistent, in general, with the size of nearby one-family detached dwellings and does not increase either: 1)the site coverage of the existing structure by more than 25 percent, or 2)the total gross floor area of the existing structure by more than 40 percent above the total gross floor area of the existing structure as of January 1, 1983. (See subparagraph 5.3.2.a.4. above.) Any increase in the gross floor area constructed since January 1, 1983 shall be included in the calculation of the percentage increases above. The additional floor space created shall not be counted toward the requirement of minimum net floor area as of January 1, 1983, set forth in a.4., above." 376 Adjourned Session— 1998 Annual Town Meeting, cont. . . —March 25, 1998 B. ' In subsection 5.3 Conversion of One-family Dwellings,by adding a new subsection 5.3.4, as follows: "5.3.4. EXPANSION OF PRE-EXISTING,NONCONFORMING TWO-FAMILY DWELLING In accordance with Section 3.3, and where consistent with the objectives set forth in 5.3.1, the Board of Appeals may grant a special permit to allow the expansion of a pre- existing, nonconforming two-family dwelling in an RS or an RO district provided the proposed expansion complies with the conditions and requirements set forth in subsection 5.3.2. to the maximum extent practicable." 9:27 p.m. Steve Colman, Planning Board, explained the intent of the article was to "plug a loophole"to allow an owner of single family to turn the building into two dwelling units. 9:31 p.m. Peter Enrich stated unanimous support of the Board of Selectmen. 9:31 p.m. Sam Berman,pr.3, questioned if the proposed changes were limited to multiple family dwellings. The Moderator recognized Planning Director Robert Bowyer to explain that the amendment occurs in the section of the by-laws which authorizes conversion of one family dwellings. 9:34 p.m. David Rudner,pr.2, questioned restrictions on future conversions. Steve Colman explained that a base year is established upon which all action is governed. 9:35 p.m. Following a voice vote the Moderator declared the motion unanimously adopted. ARTICLE 35: TECHNICAL CORRECTIONS The Moderator announced that she has divided the question in to PART A and PART B at the request of the Planning Board. Each session will be voted separately. 9:37 p.m. John Davies, Planning Board,moved that the Report of the Planning Board on Article 35 be accepted and placed on file. Approved by Atty. Gen. Following a voice vote at 9:37 p.m.the Moderator declared the vote unanimous and Harshbarger Aug. 25, 19 98 the report to have been accepted and placed on file. Posted Sept. 14, 1998 MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion attached to the report of the Planning Board and filed with the Town Clerk. (MOTION of Planning Board Report): MOTION: That the Zoning By-Law be amended in various sections, as follows: Part A-Amendments Related To Calculation Of Gross And Net Floor Area Amendment Al In Section 2, DEFINITIONS add the definition: "ATTIC: A space directly under a sloping roof which is unfinished and which is not accessible by an approved stairway and is not designed or intended to be used for human occupancy." Amendment A2 In Section 2, DEFINITIONS, in the definition BASEMENT, add the following: "A basement shall have a floor-to-ceiling height of five feet or greater." 377 Adjourned Session–1998 Annual Town Meeting, cont . . –March 25, 1998 Amendment A3 In Section 2, DEFINITIONS, in the definition CELLAR, add the following: "A cellar shall have a floor-to-ceiling height of five feet or greater." Amendment A4 In Section 2, DEFINITIONS, add the definition: "CRAWL SPACE: A space in a building similar to a basement or a cellar which has a floor-to-ceiling height less than five feet." Amendment A5 In Section 2, DEFINITIONS, add the definition: "DECK: An unroofed structure attached to or accessory to a building, constructed on a structural frame, open under, the top surface of which is elevated above the average level of the finished grade of the adjoining ground" Amendment A6 In Section 2, DEFINITIONS, in the definition FLOOR AREA, GROSS, change the word"floors"in the first sentence to "stories", so that it reads in part: "The sum, in square feet, of the horizontal areas of all stories of a " Amendment A7 In Section 2, DEFINITIONS, in the definition FLOOR AREA, GROSS, after the words"... separating two buildings."insert the following sentence: "Gross floor area shall also include garages, basements, cellars,porches and half stories, but shall exclude crawl spaces, attics, and decks." Amendment A8 In Section 2, DEFINITIONS, in the definition FLOOR AREA,NET, insert the word"and"before the words"fire escapes"and delete the words " which are unroofed." Amendment A9 In Section 2, DEFINITIONS, add the definition: GARAGE: A space in a building designed and intended for the parking or storage of motor vehicles whether or not used for that purpose. r— 1 Amendment A10 In Section 2, DEFINITIONS, in the definition LIVING AREA OF A ` - ONE-FAMILY DWELLING UNIT, delete the words" an attic or " Amendment A l 1 In Section 2, DEFINITIONS, add the definition: "PORCH: A roofed structure attached to or accessory to a building, which is open-sided or screened. The area of a porch shall be measured to the outer face of the posts or other structure supporting its roof." Amendment Al2 In Section 2, DEFINITIONS, in the definition STORY, after the words " and the floor or roof next above it, but not including "delete the words "... . either a cellar or "and substitute the words: " a cellar, a crawl space, or " so that the definitions, as amended, will read: STORY: That portion of a building contained between any floor and the floor or roof next above it but not including a cellar, a crawl space, or the uppermost portion so contained if under a sloping roof and not accessible, by an approved stairway, or not designed or intended for human occupancy. Amendment A13 In Section 2, DEFINITIONS, in the definition STORY HALF, insert a comma between the words"STORY"and"HALF", and add the following sentences: "The area of a half story shall be the area within which the height from the floor to the bottom of the rafters is five feet or greater. Where this height occurs at an exterior wall, the horizontal measurement shall be from the exterior face of such wall." B. Other Technical Corrections Amendment A14 In subparagraph 3.1.4.2, in the second sentence, by deleting the word "By-Law" before the word "regulations" so that the sentence, as amended,will read: "Such land or structures are subject to[word deleted] regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space,parking and building coverage requirements." 378 Adjourned Session—1998 Annual Town Meeting, cont . .. . —March 25, 1998 Amendment A 15 In subsection 7.1.3 by deleting the words "LOTS PARTLY IN LEXINGTON" and inserting in place thereof the words: "LOTS IN MORE THAN ONE DISTRICT OR MORE THAN ONE TOWN OR CITY"; and by adding a new second sentence: "In the case of one lot which is divided by a district line or the municipal boundary line between the Town of Lexington and an abutting town or city, which is proposed to be used for a building or use which is not permitted as a matter of right in both districts or municipalities, such building or use shall comply with the dimensional standards of Section 7, and Table 2 SCHEDULE OF DIMENSIONAL CONTROLS, as if that portion of the lot in the district in which such building or use is permitted, were the lot and the district boundary line were a lot line." Amendment A16 In subparagraph 7.5.2 STRUCTURES OTHER THAN BUILDINGS, in the first paragraph, second sentence, by inserting the word: ", (except that a supporting post may be not more than six feet, six inches in height)," after the words: "six feet", so that part of the sentence, as amended, will read: "...a fence or wall not greater than six feet in height, (except that a supporting post may be not more than six feet, six inches in height),may be located on, or closer to a lot line than six feet." Amendment A 17 In subsection 7 4.5, in the second paragraph by adding the word "affect" before the words "size and location", so that the paragraph, as amended, will read: "In granting such permit, the Planning Board may include conditions that increase the minimum yard setback and affect the size and location of dwellings within the subdivision." Amendment A18 In subparagraph 9.3.6.5 Two Means of Access for 10 or More Dwelling Units, 1) By striking out the existing caption and inserting in place thereof the caption "Two Means of Access"; 2) In the first sentence, by striking out the words "... 10 dwelling units . .." and by inserting in place thereof: "10 dwellings in a cluster subdivision or a special residential development or more than 20 dwelling units in an RD, Planned Residential Development, district" and by striking out the words ". . each dwelling unit" and by inserting in place thereof the words "each dwelling or dwelling unit" so that the sentence, as amended,will read: "Where there are more than 10 dwellings in a cluster subdivision or a special residential development or more than 20 dwelling units in an RD, Planned Residential Development, district, served by a dead-end street or dead-end interior drive,two means of access connected to the public street system, suitable for fire-fighting, medical and other emergency vehicles, shall be provided to each dwelling or dwelling unit." Amendment A19 In subparagraph 10.3.1, in the second sentence, by adding the words: "that abuts a residential use" after the words "a non-conforming commercial use in a residential district" so that first part of the sentence, as amended,will read: "In the case of a non-residential use in a residential district, or a non-conforming commercial use in a residential district that abuts a residential use, a landscaped transition and screening area shall be provided ..." Amendment A20 In subparagraph 10.3.2, in the second sentence, by adding the words: "in a non-residential district and" after the words ". .of a lot..." so that the sentence, as amended,will read: "Where any part of the street line of a lot in a non-residential district and having a non-residential principal use, is determined to be across the street from a residential district, a screening and transition area shall be provided along the entire length of the street line." Amendment A21 In subparagraph 11.3.1,which is the table setting forth the number of required parking spaces, by redesignating Line 2) I. to be Line 4)b. so that it will read: "4) b. Medical office, out-patient clinic 1 per 200 s.f.; in CB 1 per 250 s.f."; and by deleting line 2)h. which now reads "(deleted 1989 Town Meeting)" 379 Adjourned Session—1998 Annual Town Meeting, cont.. —March 25, 1998 Amendment A22 In paragraph 11.6.1, in the fourth line, by adding the words: "and driveway" after the words "parking space" so that clause of the sentence, as amended, will read: "...each parking space and driveway shall be set back five feet from any side lot line or rear lot line. .."; and in the table in paragraph 11.6.2, on the line RS, RO, RT, by striking out the number"8" and by inserting in place thereof the number "5". 9:37 p.m. John Davies explained that Part A,Al-A14 changes are proposed to clarify the terminology and calculation used for net and gross floor areas. f 9:39 p.m. Margaret Rawls,pr.4, questioned the definition of an attic and the impact k, of the new definition on an owner's property assessment. 9:40 p.m. Mr. Davies, Planning Board, explained the definition and further expressed no intent to affect assessments. 9:42 p.m. Andrew Friedlich,pr.5, questioned the intent of the Board of Assessors to adopt similar language. Planning Director Robert Bowyer explained that the Assessors have their own criteria and this is a separate issue. 9:43 p.m. Peter Kelley,pr.4, explained that he would be proposing to change the measurement in Amendment A2 (basement)from five to seven feet. 9:45 p.m. John Davies, Planning Board, explained that the Planning Board has no objection in principle to the amendment but that the amendment would have to be made to A2, A3, and A4 from five to seven feet. Mr. Kelley agreed to include these sections in the amendment. 9:45 p.m. Eric Michelson,pr 1, requested a point of information and asked if the meeting was voting on Part A only. The Moderator confirmed that Part A only was being acted upon. 9:45 p.m. David Kanter,pr.7, questioned if an amendment would also be needed to A13. John Davies,Planning Board,responded that that is not applicable. 9:46 p.m. Roger Borghesani,pr.8, questioned the measurement of basement ceiling heights. 9:47 p.m. Planning Director Robert Bowyer explained that the rule is that the measurement is from finished floor to finished ceiling, and further commented that the by-laws are designed to present a coherent set of definitions covering the gross floor area, net floor area and living area. 9:48 p.m. Peter Kelley,pr.4, moved the following amended motion: MOTION: Amendment A2,the number five be changed to seven; Amendment A3,the number five be changed to seven; Amendment A4,the number five be changed to seven 9:50 p.m. George Burnell, pr. 7, inquired of the Planning Board as to how the five foot number was originally determined. John Davies explained that to a degree the number was arbitrary and that the seven foot number works as well as the five foot number. 9:51 p.m. George Burnell,pr.7, spoke in favor of the amendment. 9:52 p.m. John Davies, Planning Board, spoke further on the measurement. 9:52 p.m. Anne Ripley,pr 6, questioned a crawl space measured at seven feet. 380 Adjourned Session— 1998 Annual Town Meeting, cont . . .. —March 25, 1998 9:52 p.m. Peter Kelley,pr.4, further explained the intent of his amendment. 9:54 p.m. Following a voice vote the Moderator declared the amendment adopted. The Moderator explained that a 2/3 vote would be required on the article as amended. 9:54 p.m. Fred Martin,pr.7, questioned the intent of the By-Law and how substantial the changes may be. 9:55 p.m. John Davies, Planning Board, further explained the changes. 9:56 p.m. Following a voice vote the Moderator declared the motion presented under ARTICLE 35 PART A, as amended, unanimously adopted. 9:57 p.m. The Moderator declared PART B before the Meeting. 10:00 p.m. George Burnell,pr.8, served Notice of Reconsideration of Article 35, Section A. 10:00 p.m. Alan Lazarus,pr.6, questioned a point of order on amendment A.18. 10:01 p.m. Robert Whitman,pr.6, questioned the meaning of A15 and the rule for building across boundary lines. The Moderator recognized Planning Director Robert Bowyer to explain the meaning of A15 and further explained the eligibility for building. 10:04 p.m. David Kaufman,pr.6, stated his confusion from the statement that setbacks apply to the line which serves the lot. Planning Director Robert Bowyer explained the restrictions. 10:07 p.m. Anne Ripley,pr.6, questioned A22 and the five foot restriction on driveways. John Davies, Planning Board, explained the Board's feelings on the five foot restriction. 10:08 p.m. Following a voice vote the Moderator declared the motion presented under Article 35 PART B unanimously adopted. ARTICLE 36: NONCONFORMING PARKING,LEXINGTON CENTER 10:09 p.m. John Davies, Planning Board,moved that the Report of the Planning Board on Article 36 be accepted and placed on file. Following a voice vote at 10:09 p.m.the Moderator declared the report to have been accepted and placed on file. 10:09 p.m. Presented by John Davies, Planning Board. MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion attached to the report of the Planning Board and filed with the Town Clerk. (MOTION of Planning Board Report): That the Zoning Bylaw be amended in Section 6.6.1 Existing Nonconforming Parking Spaces, in the second paragraph, by adding anew subparagraph 3), as follows: "3) in the CB, Central Business, district, notwithstanding subparagraph 1), a restaurant, fast food, or other eating establishment(see parking factor 7)a. in subsection 11.3.1)may be substituted for a use with a lower parking factor." 10:09 p.m. John Davies explained the motion on nonconforming parking spaces and the need to facilitate flexible occupancy of floor space. 381 Adjourned Session—1998 Annual Town Meeting, cont . . . —March 25, 1998 10:13 p.m. David Kanter,pr.7, spoke in opposition to the article and stated that the overall parking problem must be first addressed. 10:14 p.m. Selectman Peter Enrich stated the Selectmen's support of this article and how the impact of this change in the by-laws would help to contribute to the vitality of the center. 10:14 p.m. Ephraim Weiss,pr.5,spoke in opposition to the motion as he felt it will increase the demand for parking. 7 10:15 p.m. Eric Michelson, pr.1, spoke in opposition, for reasons including the pending library reconstruction, redesign of depot square, and other issues impacting parking availability. 10:20 p.m. John Hayward,pr.5, spoke in opposition and stated the change would strangle the center. 10:23 p.m. Michael Schroeder,pr.9, served Notice of Reconsideration on Article 35 Part B. 10:23 p.m. Richard Michelson,pr.8, spoke in opposition and stated there was no need for more restaurants in town, citing that restaurants are able to out-bid other merchants on leases. 10:27 p.m. Neal Boyle,pr.7, spoke in opposition and explained current parking problems. 10:28 p.m. H. Bigelow Moore,pr.8, spoke in opposition. 10:29 p.m. Bruce Collier,pr.3, spoke in opposition and reiterated parking problems. 10:30 p.m. Selectman Daniel Busa spoke in favor of the article and how it would impact ~` on businesses throughout town. ,' 10:32 p.m Daniel Lucas,pr.2, spoke against. 10:32 p.m. Dawn McKenna,pr.9, moved the questiorr. 10:34 p.m. The Moderator asked if the question should now be put. Following a voice vote the moderator declared the main question now before the meeting. 10:34 p.m. As this motion requires a two-thirds vote,the Moderator called for a standing vote on Article 36,tallied as follows: Precinct Yes No 1 0 15 2 1 14 3 1 17 4 6 9 5 6 9 6 2 12 7 2 14 8 2 12 9 4 13 r^ At Large 9 7 TOTAL 33 122 10:38 p.m. Less than the 2/3 required,the Moderator declared the motion not adopted. 10:38 p.m. Peter Enrich, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Monday, March 30, 1998 at 8:00 p.m., at Cary Memorial Hall. Adopted by voice vote. 10:38 p.m.. A true copy. Attest: --)// ' a Donna M. Hooper, To i Clerk 332 ADJOURNED SESSION—1998 ANNUAL TOWN MEETING MARCH 30, 1998 The March 30, 1998 Adjourned Session of the 1998 Annual Town Meeting was called to order by Moderator Margery M. Battin,at 8:04 p.m., in Cary Memorial Hall. A quorum of 181 members was present. The Moderator called the meeting open on Article 2. ARTICLE 2: REPORTS OF COMMITTEES 8:05 p.m. Selectman Chairman Peter Enrich reported under Article 2 on the agreement between the Board of Selectmen and School Committee on identifying action by which the budget gap should be addressed. Selectman Enrich expressed his gratitude to the School Committee and professional staff of the municipal and school departments to get to where the town has reached in addressing the budget shortages. Mr. Enrich explained that efforts this year have opened some doors for future years. He also reported on the unusually high amount(estimated approximately$3.9M)of free cash available for FY99 and addressed the sacrifices made to achieve desirable budgeted levels,recognizing budgets also address some new initiatives. Mr. Enrich further identified the means by which the two boards came together in addressing the problem, in an open and thoughtful process, and that this is a very good start toward the important work ahead. 8:20 p.m. Mr. Enrich explained that the Selectmen will address issues in more detail when the financial articles are addressed. 8:21 p.m. Ephraim Weiss, pr.5, questioned Mr Enrich on how far behind the Town is in addressing its needs and how much further is it getting. 8:23 p.m. Mr. Enrich reiterated that the cash capital has made progress and the Town has taken a step toward addressing some of the built-up needs. 8:24 p.m. Sheldon Spector,pr.6, questioned Mr. Enrich on future expectations that school and town departments would come to a settlement at least a week before town meeting. 8:25 p.m. Peter Enrich responded that it is a compelling need to address. 8:25 p.m. Peter Diamond,pr.6,questioned the two boards on the use of debt to fund street maintenance. 8:25 p.m. Mr. Enrich explained that the Town is not using debt to fund this expense this year. 8:26 p.m. Eric Michelson,pr 1, questioned payments in lieu of taxes from the Water and Sewer Enterprise funds. 8:27 p.m. Peter Enrich explained that the Board had much discussion on enterprise fund usage and voted to use enterprise funds in the budget. j 8:28 p.m. Eric Michelson,pr.1, questioned obtaining a copy of the Payment in Lieu of Taxes (PILOTS)report. Mr. Enrich explained that it would be made available to him. 8:28 p.m. Fred Merrill, Planning Board moved: MOTION: That the articles be taken up in the following order: Article 37, 39, 41, 32 and 40. Mr. Merrill explained the reasoning for reorganizing as the Planning Board member will be out of town. 383 Adjourned Session— 1998 Town Meeting, cont. . . .March 30, 1998 Following a voice vote at 8:28 p.m. the Moderator declared the vote unanimous and motion adopted. 8:29 p.m. Paul Lapointe, Appropriation Committee, moved reconsideration of Article 7. Mr. Lapointe explained his reasoning for moving reconsideration so the pool work may begin, but urged Town Meeting to reject the motion to reconsider. Following a voice vote at 8:30 p.m.the Moderator declared the motion not adopted, 8:30 p.m. The Moderator declared the meeting open under Article 37 and explained that the article would be divided and voted upon in 2 parts,PART A& B, and PART C. ARTICLE 37: MAXIMUM,MINIMUM PARKING 8:31 p.m. Presented by Anthony Galaitsis, Planning Board. Approved by Anthony Galaitsis, Planning Board, moved that the Report of the Atty. Gen. Planning Board on Article 37 be accepted and placed on file. Harshbarger Aug. 25, 1998 Following a voice vote at 8:31 p.m. the Moderator declared the vote unanimous and Posted Sept. 14, 1998 the report to have been accepted and placed on file. PART "C" ONLY MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion attached to the report of the Planning Board and filed with the Town Clerk. (MOTION of Planning Board Report): That the Zoning By-Law be amended: A. In subsection 11.3 Number of Parking Spaces, Loading Bays, in subparagraph 11.3.1: 1) In the heading of the second column,by adding the words "or Maximum" so that the heading, as amended, will read: "Minimum or Maximum Number of Parking Spaces" and by adding under that line in the heading the following words: "(The factors listed below shall be the minimum factor unless otherwise stated.)" 2) In the column headed PARKING FACTOR,by striking out the existing wording and by inserting in place thereof: a) in line 4) a. Office Uses "minimum 1/300 s.f.; maximum 1/250 s.f." b) in line 10) a. Manufacturing, research laboratory "minimum 1/700 s.f.; maximum 1/500 s.f." B. In subsection 11.8 Exceptions, Special Permits: 1) in subparagraph a. by inserting the words "DECREASE IN MINIMUM NUMBER OF PARKING SPACES PROVIDED:" before the first sentence; 2) by redesignating subparagraphs b. through e. and all cross references thereto to be subparagraphs c. through f. respectively; and 3) by inserting a new subparagraph b., as follows: "b. INCREASE IN MAXIMUM NUMBER OF PARKING SPACES PROVIDED: Where: 1) a maximum number of parking spaces is specified in paragraph 11.3 or in a Preliminary Site Development and Use Plan, or Where: 2) a reserve area for potential parking spaces has been designated on a definitive site development plan previously approved by an SPGA, the Special Permit Granting Authority may grant a special permit to construct additional parking spaces where the applicant demonstrates that the existing parking spaces are insufficient to meet the needs of the building and uses on the property, as evidenced by use of areas such as access drives, maneuvering lanes or open space for parking, spillover parking on streets adjacent to the lot or parking in areas that impede access to the lot by emergency vehicles." _ _ _ 384 Adjourned Session— 1998 Town Meeting, cont .. ... . . March 30, 1998 C In subsection 11.3.2 Rules for Interpretation of Sections 11.3.1 and 11.3.3 , subparagraph d. by adding a new second sentence as follows: "The method of calculating the number of required parking spaces and loading bays set forth in the previous sentence shall not apply to an elementary, or secondary school." 8:31 p.m. Mr. Galaitsis explained the intent of Article 37 and limits on parking spaces in PARTS A&B. 8:37 p.m. Peter Enrich stated the Board of Selectmen's recommendation for approval of this article. The Moderator explained that a 2/3 vote is needed and if the vote is not unanimous a standing vote would be required. 8:38 p.m. Sam Silverman,pr.5,questioned experiences of any other towns in achieving the desired objectives of these changes. 8:39 p.m. Robert Bowyer, Planning Director, explained that it is a relatively new concept with not a great deal of experience as yet. 8:42 p.m. Sam Silverman,pr.5,expressed his concern with introducing a new concept without any information on impact of changes. He further questioned impacts of surface footprints and second story additions. 8:45 p.m. Albert Zabin, pr.1, questioned the number of excess spaces in the town and how any such number would have been derived. 8:46 p.m. Robert Bowyer, Planning Director,replied that there had been no study of the number of parking spaces in establishments employing persons in Lexington. 8.46 p.m. Albert Zabin, pr.1, spoke in opposition to the article and expressed his concern of lack of demonstrated need for the change and it being too new to show benefits. 8:46 p.m. Richard Michelson, pr.8, stated his agreement with Mr. Zabin and further questioned how it will distinguish between customer and all-day parkers, explaining that there are too many unknowns to this article and hopes that town meeting will vote it down. 8:48 p.m. Anthony Galaitsis replied to the concerns of Mr. Zabin and Mr. Michelson. 8:49 p.m. Robert Bowyer,Planning Director,explained that the parking is regulated by type of use—office building,manufacturing, and industrial uses. 8:50 p.m. Richard Michelson, pr.8, questioned distinguishing customer and all-day parkers in the same lot. 8:51 p.m. Anthony Galaitsis explained the types of businesses needing to comply 8:52 p.m. Elaine Dratch, pr.5, explained long-term use of this type of restriction but spoke of her concern for the power granted to the Special Permit Granting --} Authority for exceptions to the by-law change. 8:54 p.m. Kenneth Reich,pr.4, spoke in support of the concept but posed questions on applying to new construction office park uses and uses in the town center. Planning Director Robert Bowyer explained there are remote chances of applying these changes to Lexington center localities,with changes primarily directed at Hartwell Avenue, Bedford Street, Hayden Avenue and Spring Street. 8.57 p.m. Kenneth Reich,pr.4,questioned minimum and maximum foot requirements. 385 Adjourned Session– 1998 Town Meeting, cont...... ... March 30, 1998 1 8:59 p.m. Joel Adler, pr.1, questioned Planning Board efforts to promote car pooling for town office building employees. Mr.Adler further questioned how many town meeting members actually carpool and if the motion should be voted up or down. 9:00 p.m. Anthony Galaitsis, Planning Board, spoke on Planning Board efforts to support carpooling. 9:00 p.m. Joel Adler,pr.1, spoke in opposition to the motion stating it posed too much control and is not thought out. 9:02 p.m. Marjorie Madoff, pr.3, spoke in favor of the article, referencing Hayden Avenue development and need to exercise control. 9:02 p.m. David Kanter,pr.7, spoke in support. 9:02 p.m. Neal Boyle,pr.7, spoke in opposition, citing too much control of parking. 9:05 p.m. Thomas Diaz, pr.2, spoke in opposition. 9:06 p.m. Anthony Galaitsis explained the article further. 9:06 p.m. Thomas Diaz, pr.2, commented that it appears the maximums are set at too onerous a level. 9:08 p.m. Ira Crowe, pr.5, spoke in favor. 9:10 p.m. Robert Whitman,pr.8, spoke in support of the article and of his concern of potential expansion of existing spaces and the need to control future expansion. 9:12 p.m. Judith Uhrig,pr.4, moved the question on PART A&B. r— The Moderator asked if the question should now be put. Following a voice vote the Moderator declared the main question on PART A&B now before the meeting. 9:12 p.m. As this motion requires a two-thirds vote the Moderator called for a standing vote on Article 37 A&B,tallied as follows: Precinct Yes No 1 7 11 2 4 14 3 10 7 4 14 2 5 11 7 6 12 5 7 5 10 8 10 6 9 12 5 At Large 18 2 TOTAL 103 69 9:15 p.m. Less than the 2/3 required, the Moderator declared the motion not adopted. 9:16 p.m. The Moderator declared Article 37 PART "C" now before the meeting. 9:17 p.m. Anthony Galaitsis, Planning Board, explained that PART "C" exempts elementary and secondary schools and helps to avoid jeopardizing a school expansion program. 9:19 p.m. Peter Enrich reported the Board of Selectmen's support. 9:20 p.m. Barrie Peltz reported the School Committee's support. 336 Adjourned Session— 1998 Town Meeting, cont. . ......... March 30, 1998 9:20 p.m. Dawn McKenna,pr,9, offered the following amendment: MOTION: Section (C) be amended to insert the word "municipal" before "elementary" so that the new Motion will read: In subsection 11.3.2 Rules for Interpretation of Sections 11.3 1 and 11.3.3, subparagraph d. by adding a new second sentence as follows: "The method of calculating the number of required parking spaces and loading �ll bays set forth in the previous sentence shall not apply to a municipal elementary or secondary school." 9:20 p.m. Ms. McKenna spoke of the need to retain the status quo for non-municipal schools. 9:21 p.m. Sandra Shaw,pr.4,questioned use of the word"municipal"instead of"public". 9:21 p.m. Ms. McKenna explained the terminology in the by-laws refers to municipal. 9:22 p.m. Jonathan Lederman,pr.7, spoke in opposition to the amendment,stating he felt this was a bigoted amendment and that private schools should be entitled to the same freedoms. 9:23 p.m. Charles Hornig,pr.8,stated that if the change is needed then it should be needed for all schools. 9:24 p.m. Nyles Barnert,pr.4, questioned if Minuteman Technology school is covered by the wording "municipal". Town Counsel Norman Cohen replied that Minuteman is a public school and would be considered a Town of Lexington school. 9:25 p.m. Neal Boyle, pr.7, spoke in opposition to the amendment, viewing it discriminatory. 9:26 p.m. Paul Chernick,pr.6, spoke in favor of the amendment but expressed a need for the Planning Board to look at the broader issues. 9:28 p.m. Eric Michelson,pr.1, questioned if there is a mechanism for the public schools to go before the Board of Appeals. Planning Director Robert Bowyer explained that the mechanism is byrequest for a Special Permit. P 9:30 p.m. Robert Bowyer explained that the public schools are preexisting non- conforming in terms of parking. 9:31 p.m. Eric Michelson,pr.1, questioned how the process for the schools differs from that of Cary Library. 9:31 p.m. Robert Bowyer explained that a variance on parking requirements is the method. r 9:32 p.m. Frederick Merrill, Planning Board, reported that the four (4) Planning Board members present voted in favor of the amendment. 9:32 p.m. Robert Whitman, pr.8, stated that there is a difference in the way municipal schools and private schools are treated in the Town,with more oversight being given to the public. 9:33 p.m. Ephraim Weiss, pr.5, spoke in support of the amendment, stating that private schools are different from municipal. 9:34 p.m. Ira Bernstein,pr.2,commented that public schools must expand with expanding enrollment. — 387 Adjourned Session—1998 Town Meeting, cont. . . . ... .March 30, 1998 9:34 p.m. Following a voice vote the Moderator declared the amendment adopted and that the motion as amended was now before the meeting. 9:35 p.m. Frank Sandy,pr.6, spoke on requirements to be imposed on.municipal schools. 9:36 p.m. Anthony Galartsis stated that the schools will be required to have 2 spaces per classroom. 9:36 p.m. Frank Sandy, pr.6, further questioned where in the motion the requirements were stated. 9:36 p.m. Robert Bowyer explained the wording covering the municipal schools. 9:37 p.m. David Kanter,pr.7,moved the question. 9:37 p.m. Following a voice vote the Moderator declared the main motion, as amended, now before the Meeting. 9:38 p.m. As this motion requires a two-thirds vote the Moderator called for a standing vote on Article 37 PART C as amended,tallied as follows: Precinct Yes No 1 16 3 2 17 1 3 12 6 4 14 0 5 14 4 6 17 0 7 10 3 8 12 3 9 17 0 At Large 18 2 TOTAL 147 22 9:41 p.m. More than the 2/3 required, the Moderator declared the motion adopted as amended. 9:41 p.m. Kenneth Reich,pr.4, served Notice of Reconsideration on Article 37 PART A&B. ARTICLE 38: TRANSPORTATION DEMAND MANAGEMENT 9:42 p.m. Anthony Galaitsis, Planning Board, moved that the Report of the Planning Board on Article 38 be accepted and placed on file. Following a voice vote at 9:42 p.m.the Moderator declared the vote unanimous and �-- the report to have been accepted and placed on file. 9:42 p.m. Presented by Anthony Galaitsis, Planning Board. Approved by MOTION: That the Zoning By-Laws of the Town be amended as set forth Atty. Gen. in the motion attached to the report of the Planning Board and filed with the Harshbarger Town Clerk. Aug. 25, 1998 Posted (MOTION of Planning Board Report): Sept. 14, 19 .8 at the Zoning By-Law be amended in Section 12.TRAFFIC, in paragraph 12.1.2 , in the first sentence, 1) by adding the words: "or renovation" before the words: "...of an existing building" so that the sentence, as amended,will read: "No building permit shall be granted for the erection of a new building or the enlargement or renovation of an existing building with the result that..." 388 Adjourned Session—1998 Town Meeting, cont. ......... . March 30, 1998 2) by adding a new subparagraph 3) as follows: "3) the number of parking spaces is increased by 25 or more and there are 50 or more parking spaces, including any existing parking spaces, on the lot," so that the subparagraph, as amended, will read in part: "12.1.2 No building permit shall be granted for the erection of a new building or the enlargement or renovation of an existing building with the result that: 1) there are 10,000 square feet or more of gross floor area on the lot, including any existing floor area, but not including any floor area devoted to residential use or to off-street parking, 1- 2) there are 50 or more dwelling units, or their equivalent, in a development, including any existing dwelling units, or 3) the number of parking spaces is increased by 25 or more and there are 50 or more parking spaces, including any existing parking spaces, on the lot unless a special permit with site plan review has been granted and the SPGA has made a determination that the streets and intersections affected by the proposed development have, or will have, as a result of traffic improvements, adequate capacity, as set forth in subsection 12.3,to accommodate the increased traffic from the development." 9:43 p.m. Anthony Galaitsis explained the concept of Article 38 as well as traffic capacity tests. 9:46 p.m. Peter Enrich reported the Board of Selectmen's support of this article. 9:46 p.m. Sheldon Spector,pr.6, questioned action taken by a company on Maguire Road and its increase in the number of parking spaces. 9:46 p.m. Mr. Galaitsis further explained the issues. 9:48 p.m. Following a voice vote the Moderator declared the vote unanimous and the article adopted. ARTICLE 39: PROCEDURES,PLANNED DEVELOPMENT DISTRICTS 9:50 p.m. Anthony Galaitsis, Planning Board, moved that the Report of the Planning Board on Article 39 be accepted and placed on file. Following a voice vote at 9:50 p.m.the Moderator declared the vote unanimous and the report to have been accepted and placed on file. 9:50 p.m. Presented by Anthony Galaitsis, Planning Board. MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion and attached to the report of the Planning Board and filed with the Town Clerk. (MOTION of Planning Board Report): That the Zoning By-Law be amended: A. 1) In Section A, PLANNED DEVELOPMENT DISTRICTS, by redesignating the numbering of the following sections and the subparagraphs thereunder, and all cross references thereto, as follows: 8.4 SPECIAL PERMIT PROVISIONS APPLICABLE TO BOTH CD AND RD DISTRICTS to be 8.5; 8.5 WETLAND PROTECTION DISTRICT to be 8.6; 8.6 NATIONAL FLOOD INSURANCE DISTRICT to be 8 7; 2) By creating a new subsection "8.4 REZONING PROVISIONS APPLICABLE TO BOTH CD AND RD DISTRICTS"; 39 Adjourned Session—1998 Town Meeting, cont . . . .. .. . ..March 30, 1998 3) By redesignating the existing paragraph 3.6.3 FILING OF PRELIMINARY SITE DEVELOPMENT AND USE PLAN to be a new paragraph 8.4.1 and by redesignating the existing paragraph 3.6.4 DEFINITIVE SITE DEVELOPMENT AND USE PLAN and all cross references thereto,to be 3.6.3; 4) In the newly designated paragraph 8.4.1 in the second sentence, by striking out the word "vote" and inserting in place thereof the words "first session" and by striking out the words"on the petition", so that the second sentence, as amended, will read: "8.4.1 FILING OF PRELIMINARY SITE DEVELOPMENT AND USE PLAN Subsequent to that public hearing, revisions to the preliminary site development and use plan may be filed with the Town Clerk and the Planning Board and must be filed at least seven days prior to the opening session of the Town Meeting." B. In the newly created subsection, 8.4 REZONING PROVISIONS APPLICABLE TO BOTH CD AND RD DISTRICTS, by adding a new subparagraph 8.4.2, as follows: "8.4.2 AMENDMENTS TO THE PRELIMINARY SITE DEVELOPMENT AND USE PLAN After the filing of the preliminary site development and use plan which accom- panies a petition for a rezoning,the Town Meeting shall not take favorable action on a proposed amendment to the preliminary site development and use plan unless: a. at least seven days prior to the vote of the Town Meeting on the petition the Town Meeting Member proposing such amendment: 1. has filed a copy of the proposed amendment with the Town Clerk and the Planning Board, and 2. has sent a copy of the proposed amendment by registered mail to the petitioner, b. the Moderator shall determine that the proposed amendment is within the scope of the petition and the preliminary site development and use plan most recently filed as provided in paragraph 8.4.1, and c. at least two thirds of the Town Meeting vote favorably on the proposed amendment." C. 1) In Section 8, Part A, PLANNED DEVELOPMENT DISTRICTS, in both paragraphs 8.2.4 and 8.3.4, SPGA, in the first sentence by adding the words "For rezoning petitions approved by the Town Meeting after the 1998 Annual Town Meeting,..." and by striking out the words ..."Board of Appeals".... and by inserting in place thereof the words ..."Planning Board" so that the sentence, as amended will read: "For rezoning petitions approved by the Town Meeting after the 1998 Annual Town Meeting,the Planning Board shall be the special permit granting authority."; and 2) In subparagraph 9.7.2 SPGA, by inserting the words "approved by the Town Meeting before the 1998 Annual Town Meeting" after the words "....except for a development in an RD district...." so that the sentence, as amended,will read: "The Planning Board shall be the Special Permit Granting Authority for all residential developments with three or more dwelling units except for a development in an RD district approved by the Town Meeting before the 1998 Annual Town Meeting and for the conversion of a municipal building." 9:50 p.m. Anthony Galaitsis explained each of the three parts of the motion and that PARTS A,B,and C would each be voted upon individually. Following a voice vote at 9:55 p.m., the Moderator declared unanimous adoption of the motion under Article 39 PART A. 9:55 p.m. The Moderator declared Article 39,PART B now before the meeting. 9:56 p.m. Sam Silverman,pr.5,questioned the procedures for revisions by both parties. 390 Adjourned Session—1998 Town Meeting, cont . . . . . March 30, 1998 9:56 p.m. Anthony Galaitsis explained the intent of the article. 9:57 p.m. Mr. Silverman continued with his questioning on advance notice procedures. 9:58 p.m. Sheldon Spector, pr.6, stated his agreement with Mr. Silverman. 10:00 p.m. The Moderator further explained advance notice procedures in by-law changes. Anthony Galaitsis explained intent of the changes. 10.01 p.m. Nyles Barnert,pr 4,clarified procedures and questioned if additional changes would be accommodated by the Planning Board. 10:02 p.m. Robert Bowyer, Planning Board, explained changes. 10:03 p.m. Peter Enrich reported support of the Board of Selectmen for Article 39,PART A, PART B, and PART C. 10:03 p.m. Ephraim Weiss, pr.5, stated this change helps town meeting better do its business. 10:04 p.m. Margaret Rawls, pr.4, questioned why a 2/3 vote is required on the amendment. Robert Bowyer explained the requirement is the same margin for final passage. 10:05 p.m. Frank Sandy,pr.6, requested the Planning Board address a specific example and its scope of authority for amendments. Discussion followed on scope of authority. 10:08 p.m. Alan Lazarus, pr.6, requested assistance to differentiate the example on proposal revisions. 10.10 p.m. Planning Director Robert Bowyer explained scenarios of amendments and timing. 10:10 p.m. Florence Connor, pr.8, questioned required advance notice and its possible impact on discouraging amendments. 10:13 p.m. David Kanter,pr.7,moved the question. 10:13 p.m. Following a voice vote the Moderator declared the main motion on Article 39 Part B now before the Meeting. 10:13 p.m. As this motion requires a two-thirds vote the Moderator called for a standing vote on Article 39 Part B,tallied as follows: Precinct Yes No 1 13 1 2 15 2 3 13 5 4 12 2 5 12 4 6 14 3 7 7 4 8 11 2 9 14 3 At Large 17 0 TOTAL 128 26 10.17 p.m. More than the 2/3 required,the Moderator declared the motion under Article 39 PART B adopted. 10:17 p.m. The Moderator declared Article 39, PART C now before the meeting. 10:17 p.m. Anthony Galaitsis explained the intent of PART C, Preliminary and Site Development and Use Plans, and the Planning Board acting as the Special Permit Granting Authority (SPGA). 391 Adjourned Session— 1998 Town Meeting, cont...... . .. March 30, 1998 10:19 p.m. Richard Michelson, pr.8, spoke in opposition to Part C and of his concerns with the Planning Board asking for all of the controls,citing function of the Board of Appeals. 10:20 p.m. Sam Silverman,pr.5, questioned the Board of Appeals' feelings. Robert Whitman, speaking on behalf of the Board of Appeals, stated that the Board sees the current system to work well and that the Board of Appeals can foresee the Planning Board as the SPGA may have possible conflict of interest ramifications. 10:23 p.m. James Wood,pr.7, spoke in opposition to thero osed change. P 10:24 p.m. Eric Michelson,pr.1,spoke of the need for the Planning Board to spend more time on planning activities,taking a larger view of the issues,and of the need to separate powers. He spoke in opposition to the proposed change. 10:26 p.m. Albert Zabin,pr.1, spoke in favor. 10:28 p.m. Nyles Barnert,pr.4,spoke in opposition to the amendmerit and identified the input received by the Board of Appeals in its decisions. 10:29 p.m. Richard Canale, pr.9, urged passage of Part C, citing the need to ensure definitive plans reflect town meeting intentions. 10:32 p.m. Tom Fenn, pr.9, urged defeat of PART C and reiterated Mr. Whitman's comments. 10:34 p.m. Ephraim Weiss,pr.5, spoke in support. 10:35 p.m. Jonathan Lederman,pr.7, moved the question on PART C. 10:35 p.m. Following a voice vote the Moderator declared the main motion on Article 39 PART C now before the Meeting. 10:35 p.m. Robert Whitman,pr.8, stated he would be abstaining from voting on this part of Article 39. 10:35 p.m. As this motion requires a two-thirds vote the Moderator called for a standing vote on Article 39 PART C,tallied as follows: Precinct Yes No Abstain 1 6 8 2 6 10 3 10 8 4 9 6 5 9 7 6 13 4 7 2 10 8 5 7 1 9 10 7 At Large 13 6 _ TOTAL 83 73 1 10:40 p.m. Less than the 2/3 required,the Moderator declared the motion under Article 39 PART C not adopted. Part A & B approved by Attorney General Scott Harshbarger August 25, 1998; Posted, September 14, 1998. 392 Adjourned Session— 1998 Town Meeting, cont . ... .... . .March 30, 1998 ARTICLE 41: AMENDMENT TO ZONING BY-LAW- PARKING REQUIREMENT FOR SECONDARY SCHOOLS 10:40 p.m. Dawn McKenna,pr.9, moved that Article 41 be indefinitely postponed. 10:40 p.m. Following a voice vote,the Moderator declared the vote unanimous and Article 41 indefinitely postponed. 10:41 p.m. Peter Enrich, Chairman of the.Board of Selectmen,moved that the meeting be adjourned until Wednesday,April 1, 1998 at 8:00 p.m.,at Cary Memorial Hall. Adopted by voice vote. 10:41 p.m.. A true copy. Attest: I 1 ` Donna M. Hooper, Town lerk 393 ADJOURNED SESSION—1998 ANNUAL TOWN MEETING APRIL 1, 1998 The April 1, 1998 Adjourned Session of the 1998 Annual Town Meeting was called to order by Moderator Margery M. Baffin, at 8:06 p.m., in Cary Memorial Hall. A quorum of 186 members was present. The Moderator announced that it was planned that Articles 32, 40, and 46 would be taken up this evening. ,---- 8:08 p.m. The Moderator declared the meeting open under Article 32. ARTICLE 32: ZONING BY-LAW,WIRELESS COMMUNICATION FACILITIES 8:08 p.m. Steve Colman,Planning Board,moved that the Report of the Planning Board on Article 32 be accepted and placed on file. Following a voice vote at 8.08 p.m. the Moderator declared the vote unanimous and the report to have been accepted and placed on file. 8:11 p.m. Presented by Steve Colman. MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion and attached to the report of the Planning Board and filed with the Town Clerk. (M 0 TION of Planning Board Report): That the Zoning By-Law be amended by adding a new Section 15, as follows: "SECTION 15. WIRELESS COMMUNICATION FACILITIES 15.1 OBJECTIVES: This Section permits the use of wireless communication facilities within the town, regulates their impacts and accommodates their location and use in a manner intended to• a. protect the scenic,historic,environmental and natural or man-made resources of the town, b. protect property values, c. minimize any adverse impacts on the residents of the town(such as, but not limited to, attractive nuisance, noise and falling objects) with regard to the general safety, welfare and quality of life in the community, d. provide standards and requirements for regulation,placement, construction, monitoring, design, modification and removal of wireless communications facilities, e. provide a procedural basis for action within a reasonable period of time for requests for authorization to place, construct, operate or modify wireless communication facilities, f. encourage the use of certain existing structures and towers, g. minimize the total number and height of towers located within the community, h. require tower sharing and clustering of wireless communication facilities where they reinforce the other Objectives in this Section, and i. be in compliance with the federal Telecommunications Act of 1996. 15.2 APPLICABILITY, TERMINOLOGY ( Article 32 APPROVED by Attorney General Harshbarger EXCEPT sections 15.3.3.3 and 15.3.3.4 DISAPPROVED August 25, 1998, posted September 14, 1998) 394 Adjourned Session- 1998 Annual Town Meeting, cont -April 1, 1998 15.2.1 APPLICABILITY The requirements of this section shall apply to all wireless communications facilities,except where Federal or State Law or Regulations exempt certain users or uses from all or portions of the provisions of this Section. No wireless communication facility shall be considered exempt from this Section by sharing a tower or other structure with such exempt uses. 15.2.2 TERMINOLOGY -, In addition to the terms defined in Section 2, Definitions, of this By-Law, the following words, which are technical terms applying to wireless communication facilities, shall have ..... the meaning indicated below. Although set forth here for convenience, the terms shall have the same effect as if set forth in Section 2, Definitions. ACT: The Federal Telecommunications Act of 1996. ADEQUATE COVERAGE: The geographic area in which the carrier provides a level of service expected by the Federal Communications Commission under its license or authority. ANTENNA: A device by which electromagnetic waves are sent or received(whether a dish, rod, mast, pole, set of wires, plate, panel, line, cable or other arrangement serving such purpose). AVAILABLE SPACE: The space on a tower or other structure to which antennas of a wireless communication service provider are able to fit structurally and be able to provide adequate coverage. CAMOUFLAGED: A wireless service facility that is placed within an existing or proposed structure disguised, painted, colored, or hidden by a compatible part of an existing or proposed structure, or made to resemble an architectural feature of the building or structure on which it is placed. CARRIER: A company, authorized by the FCC, that provides wireless communications services. CHANNEL: One of the assigned bands of radio frequencies as defined in the ACT,licensed to the Service Provider for wireless service use. CO-LOCATION: The use of a single mount by more than one carrier and/or several mounts on a building or structure by more than one carrier. Each service on a co-location is a separate wireless service facility. COMMUNICATION EQUIPMENT SHELTER: A structure designed principally to enclose equipment used in connection with wireless communication transmission,and/or reception. CONCEALED: A wireless service facility within a building or other structure, which is not visible from outside the structure. DBM: A unit of measure of the power level of an electromagnetic signal expressed in decibels referenced to one (1)milliwatt. FACILITY SITE: A lot or parcel, or any part thereof, which is owned or leased by one or more personal communication wireless service providers and upon which one or more wireless communication facility(s) and required landscaping are located. MODIFICATION OF AN EXISTING FACILITY: Any material change or proposed change to a facility including but not limited to power input or output, number of antennas,change in antenna type or model,repositioning of antenna(s),or change in number of channels per antenna above the maximum number approved under an existing permit or special permit. MONITORING: The measurement,by the use of instruments away from the antenna, of the electromagnetic radiation from a site as a whole, or from individual wireless communication facilities,towers, antennas, repeaters or associated power supplies and generators. 395 Adjourned Session— 1998 Annual Town Meeting, cont. -April 1, 1998 MONOPOLE: A single self-supporting vertical pole with no guy wire anchors, usually consisting of a galvanized or other unpainted metal, or a wooden pole with below grade foundations. RADIO-FREQUENCY RADIATION(RFR): The electromagnetic emissions from wireless service facilities. REPEATER: A small receiver/relay transmitter of not more than 20 watts output designed to provide service to areas which are not able to receive adequate coverage from the primary sending and receiving site in a wireless communications network. TOWER: A structure or framework, or monopole, that is designed to support wireless communication transmitting, receiving and/or relaying antennas and/or equipment WIRELESS COMMUNICATION SERVICES: Commercial mobile radio services, unlicensed wireless services, andcommon carrier wireless exchange access services as defined in the ACT. WIRELESS COMMUNICATION FACILITY: All s equipment buildin and structureswith g � which a wireless communication service carrier broadcasts and receives the radio-frequency waves which carry their services and all locations of said equipment or any part thereof. WIRELESS COMMUNICATION SERVICE PROVIDER:An entity licensed by the Federal Communication Commission (FCC) to provide wireless communication services to individuals, businesses or institutions. 15.3 LOCATION OF FACILITIES 15.3.1 CRITERIA, PRIORITY FOR LOCATION OF FACILITIES Wireless communication facilities shall be located according to the following priorities: 1) within an existing structure concealed, 2) within an existing structure and camouflaged, 3) camouflaged on an existing structure, such as but not limited to an existing electric transmission tower or an existing radio antenna, a water tower, or building, and of a compatible design, 4) co-located with existing wireless communication service facilities, 5) on Town of Lexington owned land which complies with other requirements of this section and where visual impact can be minimized and mitigated, 6) if adequately demonstrated to the SPGA in the special permit process that each of the five types of locations is not feasible,erection of a new facility which complies with the other requirements of this section and where visual impact can be minimized and mitigated. Applicants shall demonstrate that they have investigated locations higher in priority ranking than the one for which they are applying and whether sites are available and, if applicable, under what conditions. 15.3.2 LOCATIONS WHERE FACILITIES ARE PERMITTED BY RIGHT A concealed wireless communication facility may be installed in a structure on a lot in a commercial district provided all the requirements for wireless communications facility building permit are met. 15.3.3 LOCATIONS WHERE FACILITIES ARE PERMITTED BY SPECIAL PERMIT A wireless communication facility may be installed in the locations indicated in subparagraphs 15.3.3.1 through 15.3.3.5 provided all prescribed conditions are met and the SPGA grants a special permit. 396 Adjourned Session— 1998 Annual Town Meeting, cont .... -April 1, 1998 15.3.3.1 MULTI-FAMILY DWELLING A concealed wireless communication facility may be installed in a building or in a structure on a building on a lot on which a multi-family dwelling or group care facility (or other residential use listed in line 1 186 of Table 1, Permitted Uses and Development Standards), is the principal use provided all residents of such multi-family dwelling or group care facility (or other residential use listed in line 1.186 of Table 1, Permitted Uses and Development Standards)receive 30 days notice before the application for a special permit is submitted. 0, 15.3.3.2 INSTITUTIONAL, AGRICULTURAL, NATURAL RESOURCE or COMMERCIAL USES IN RESIDENTIAL DISTRICTS N A concealed wireless communication facility may be installed in a building or in a structure o on a building on a lot on which an Institutional, Agricultural, Natural Resource or ato Commercial Uses in A Residential District (as provided in subsections 2, 3, and 4 <4 respectively of Table 1, Permitted Uses and Development Standards) is the principal use. H N A a) A wireless communication facility may be installed if it is co-located with an existing "'•▪ �°� co electrical power transmission line tower,an existing nonconforming transmitting or receiving • $4 0, tower, or a water tower, provided that the wireless communication facility is camouflaged and does not exceed the height of the tower as of January 1, 1998. Cr) $-1 For the purposes of this section, an electrical power transmission tower, an existing n;▪ E transmitting or receiving tower or antenna for commercial activities other than a wireless a communications facility (as provided in line 14.13 of Table 1, Permitted Uses and CO o Development Standards) shall be considered to be a commercial use in a residential district. � 4-) () 15.3.3.3 MUNICIPALLY OWNED LAND IN RESIDENTIAL DISTRICTS . a A wireless communication facility may be installed in residential districts: a. on municipally owned land if it is camouflaged and does not exceed the height controls under Section 7.5.2. b. on a municipally owned water tower if it is camouflaged and does not exceed the height of the water tower by more than 5 feet. 15.3.3.4 MUNICIPALLY OWNED LAND IN COMMERCIAL DISTRICTS A wireless communication facility may be installed in commercial districts: a. on municipally owned land if it does not exceed the height controls under Section 7.5.2. b. on municipally owned land in the CM District if it does not exceed the height controls under Section 7.5.2, by more than 25 feet. 15.3.3.5 USES IN COMMERCIAL DISTRICTS A wireless communication facility may be installed on a lot in a commercial district provided the wireless communication facility is camouflaged and does not exceed the height controls under section 7.5.2. 15.3.4 LOCATIONS WITH NON CONFORMING SITUATIONS The SPGA may grant a special permit to• a. modify a pre-existing nonconforming wireless communication facility,subject to the provisions of Section 6 of this By-Law; or b. allow an existing wireless communication facility to be reconstructed with a �~ replacement wireless communication facility if it decreases the degree of nonconformity. •—J 15.4 DIMENSIONAL, SCREENING AND OTHER SITE DEVELOPMENT REQUIREMENTS 15.4.1 SHELTERS AND ACCESSORY BUILDINGS Any communication equipment shelter or accessory building shall be designed to be architecturally similar and compatible with the surrounding area. Whenever feasible, a building shall be constructed underground. 397 Adjourned Session— 1998 Annual Town Meeting, cont . . April 1, 1998 15.4.2 SETBACKS Any new tower shall be set back at least one(1)times the height of the tower plus ten feet from each lot line of the site on which the tower is located. Any non-concealed antenna shall be set back at least one(1)time the height of the antenna,as measured from the ground level, from each lot line of the site on which the antenna is located. In nonresidential districts or on Town of Lexington owned land, the SPGA may grant a special permit to allow a lesser setback if it makes a finding that such lesser setback provides adequate safety,promotes co- location or improves design,and will not negatively impact the appearance and character of the neighborhood. 15.4.3 SECURITY, SIGNS The area around the wireless communication facility shall be completely secure from trespass or vandalism. A sign not larger than one square foot shall be posted adjacent to the entry gate indicating the name of the facility owner(s)and a 24-hour emergency telephone number. Advertising on any antenna,tower,fencing,accessory building or communication equipment shelter is prohibited. 15.4.4 LIGHTING Unless required by the Federal Aviation Administration,no exterior night lighting of towers or the wireless communication facility is permitted except for manually operated emergency lights for use when operating personnel are on site. 15.4.5 NEW TOWERS Any new freestanding tower shall be of a monopole construction. New towers shall not exceed the minimum height necessary to provide adequate coverage within the Town of Lexington. Erection of a new tower that exceeds the height restrictions listed in Section 15.3 is not permitted unless the applicant demonstrates in the special permit process that adequate coverage within the town of Lexington can not be met for the locations permitted under Section 15.3. 15.5 JUSTIFICATION OF NEED 15.5.1 COVERAGE AREA The applicant shall provide a map of the geographic area in which the proposed facility will provide adequate coverage. 15.5.2 ADEQUACY OF OTHER FACILITY SITES CONTROLLED BY THE APPLICANT The applicant shall provide written documentation of any facility sites in the town and in abutting towns or cities in which it has a legal or equitable interest,whether by ownership, leasehold or otherwise. Said documentation shall demonstrate that these facility sites do not already provide, or do not have the potential to provide by site adjustment, adequate coverage. 15.5.3 CAPACITY OF EXISTING FACILITY SITES The applicant shall provide written documentation that it has examined all facility sites located in the town and in abutting towns in which the applicant has no legal or equitable interest to determine whether those existing facility sites can be used to provide adequate coverage. 15.5.4 ADEQUATE COVERAGE THROUGH THE LEAST DISRUPTIVE MEANS The applicant shall provide written documentation that the proposed facility uses the least disruptive technology(through the use of repeaters or other similar technology as it may be developed subsequent to adoption of this Bylaw) in which it can provide adequate coverage in conjunction with all facility sites listed above. 15.6 APPLICATION, PERMITS AND SPECIAL PERMITS 398 Adjourned Session— 1998 Annual Town Meeting, cont ... -April 1, 1998 15.6.1 APPLICANT The applicant or co-applicant for any permit for a wireless communications facility must be a licensed carrier who has authority from the FCC to provide wireless communication services for the facility being proposed. The applicant shall submit documentation of the legal right to install and use the proposed facility mount at the time of the filing of the application for the permit. 15 6.2 REVIEW BY THE DESIGN ADVISORY COMMITTEE The Town of Lexington's Design Advisory Committee shall review an applicant's site plans and make recommendations to the Director of Inspectional Services for By Right Permit .-- applications and to the SPGA for Special Permits. The Design Advisory Committee will make comment on whether the site plans show that a proposed wireless communications facility will be concealed for a By Right Permit if built according to the plans, or whether the site plans show that a proposed wireless communications facility will be concealed, or sufficiently camouflaged for a Special Permit if built according to the plans. 15.6.3 REVIEW BY THE CABLE TELEVISION AND COMMUNICATIONS ADVISORY COMMITTEE The board of Selectmen's Cable Television and Communications Advisory Committee shall review an applicant's application and make recommendations to the Director of Inspectional Services for By Right Permit applications and to the SPGA for Special Permits. The Cable Television and Communications Advisory Committee will make comment as to the application's adherence to the provisions of Section 15. The Committee may recommend that a consultant be hired by the SPGA (at the applicant's expense) if technical expertise is needed. 15.6.4 PERMITS Each application for a Permit must contain site plans with sufficient detail that would enable the Town to determine whether the proposed facility meets the requirements of Section 15. 15.6.5 SPECIAL PERMIT GRANTING AUTHORITY(SPGA) The Board of Appeals shall be the SPGA for permits under this Section. 15 6.6 WIRELESS COMMUNICATIONS FACILITY REGULATIONS The SPGA shall maintain a set of regulations that contains the necessary policies, procedures, and standards to implement the provisions of this section. 15.6.7 APPROVAL CRITERIA A special permit shall be granted under this section only if the SPGA shall find that the project is in harmony with the general purpose and intent of this By-Law and the SPGA's Regulations. In addition,the SPGA shall make all the applicable findings before granting the special permit, as follows: a. that the applicant is not already providing adequate coverage or is unable to maintain adequate coverage without the special permit, b. that the applicant is not able to use existing facility sites either with or without the use of repeaters to provide adequate coverage, c. that the proposed wireless service facility minimizes any adverse impact on historic resources, scenic views,residential property values,natural or man-made resources, d. that the applicant has agreed to implement all reasonable measures to mitigate the potential adverse impacts of the facilities, e. that the facility shall comply with the appropriate FCC Regulations regarding emissions of electromagnetic radiation and that the required monitoring program is in place and shall be paid for by the applicant, and f. that the applicant has agreed to rent or lease available space on any tower it controls within Lexington or its contiguous towns, under the terms of a fair- market lease,without discrimination to other wireless service providers. If a special permit is granted, in addition to such terms and conditions as may be authorized by subsection 3.3.3 of this By-Law,the SPGA may impose such additional conditions and safeguards as public safety,welfare and convenience may require. 399 Adjourned Session—1998 Annual Town Meeting, cont . . -April 1, 1998 Any decision by the SPGA to deny a special permit under this section shall be in conformance with the Act, in that it shall be in writing and supported by substantial evidence contained in a written record. 15 6.8 TERM OF PERMIT Each Special Permit shall be valid for a fixed or conditional period of time as determined by the Special Permit Granting Authority. A special permit for any wireless communication service facility that exceeds height provisions of Section 7.5.2 shall be valid for a maximum of fifteen years. At the end of the approved time period,the facility shall be removed by the carrier or a new special permit shall be required. All permitted and special permitted wireless communications facility carriers shall periodically file with the Town, every five years(or sooner if specified in a special permit), on operational aspects of the facility including: power consumption; power radiation; frequency transmission; the number, location, and orientation of antennas; and types of services provided. 15.7 REMOVAL REQUIREMENTS Any wireless service facility that ceases to operate for a period of one year shall be removed. Cease to operate is defined as not performing the normal functions associated with the wireless service facility and its equipment on a continuous and ongoing basis for a period of one year. At the time of removal,the facility site shall be remediated such that all wireless communication facilities that have ceased to operate are removed. If all facilities on a tower have ceased to operate,the tower(including the foundation) shall also be removed and the site shall be revegetated by the owner. Existing trees shall only be removed if necessary to complete the required removal. The applicant shall, as a condition of the special permit, provide a financial surety or other form of financial guarantee acceptable to the SPGA, to cover the cost of removal of the facility and the remediation of the landscape, should the facility cease to operate." ---END OF SECTION 15 --- In Section 2, DEFINITIONS, by adding the following in the proper place in alphabetical order: ACT: (See Section 15, Wireless Communication Facilities, for definition.) ADEQUATE COVERAGE: (See Section 15, Wireless Communication Facilities, for definition.) ANTENNA: (See Section 15, Wireless Communication Facilities, for definition.) AVAILABLE SPACE: (See Section 15, Wireless Communication Facilities, for definition.) CAMOUFLAGED: (See Section 15, Wireless Communication Facilities, for definition.) CARRIER: (See Section 15, Wireless Communication Facilities, for definition.) CHANNEL: (See Section 15, Wireless Communication Facilities, for definition.) CO-LOCATION: (See Section 15, Wireless Communication Facilities, for definition.) COMMUNICATION EQUIPMENT SHELTER: (See Section 15, Wireless Communication Facilities, for definition.) CONCEALED: (See Section 15, Wireless Communication Facilities, for definition.) DBM: (See Section 15, Wireless Communication Facilities, for definition.) FACILITY SITE: (See Section 15, Wireless Communication Facilities, for definition.) MODIFICATION OF AN EXISTING FACILITY: (See Section 15, Wireless Communication Facilities, for definition.) MONITORING: (See Section 15, Wireless Communication Facilities, for definition.) MONOPOLE: (See Section 15, Wireless Communication Facilities, for definition.) RADIO-FREQUENCY RADIATION (RFR): (See Section 15, Wireless Communication Facilities, for definition.) REPEATER: (See Section 15, Wireless Communication Facilities, for definition.) TOWER: (See Section 15, Wireless Communication Facilities, for definition.) 400 Adjourned Session- 1998 Annual Town Meeting, cont. . -April 1, 1998 WIRELESS COMMUNICATION SERVICES: (See Section 15, Wireless Communication Facilities, for definition.) WIRELESS COMMUNICATION FACILITY: (See Section 15, Wireless Communication Facilities, for definition.) WIRELESS COMMUNICATION SERVICE PROVIDER: (See Section 15,Wireless Communication Facilities, for definition.) ******************** In Table 1, Permitted Uses and Development Standards, in subsection 4, Commercial Uses in Residential Districts, by adding a new line,4.15, as follows: _.., "4.15 Wireless communication facility (See Section 15)" and by including the designation"SP" under the RO/RS,RT,RM,and RD district headings, so the new line 4.15 will read: RO CB Line RS RT RM RD CN CRS CS CLO CRO CM 4.15 Wireless communication SP SP SP SP facility (See Section 15) and in subsection 14, Utility, Communications and Transportation, by adding a new line, 14.19, as follows: "14.19 Wireless communication facility (See Section 15) (*Y if concealed, see Section 15.3.2)" and by including the designation"SP*" under the district heading for each of the commercial zoning districts listed in Part B of Table 1, so the new line 14.19 will read: Line ALL COMMERCIAL USES CN CRS CS CB CLO CRO CM 14.19 Wireless communication facility SP* SP* SP* SP* SP* SP* SP* (See Section 15) (* Y if concealed, see Section 15.3.2) and in subsection 14,Utility, Communications and Transportation, in line 14.13 by adding the words "other than those which are used exclusively for wireless communication facilities" after the words "Transmitting or receiving tower or antenna for commercial activities", so the entry as amended,will read: "Transmitting or receiving tower or antenna for commercial activities other than those which are used exclusively for wireless communication facilities"; and ******************** In subparagraph 7.5.2 STRUCTURES OTHER THAN BUILDING, in the first paragraph, second sentence,by inserting after the word "antennas,"the phrase, "wireless communication facilities that are permitted as provided in section 15," so that the second sentence will read: "Structures other than buildings, such as antennas,wireless communication facilities that are permitted as provided in section 15, recreational apparatus, fences and the like may be located in a required front,rear or side yard provided the height of the structure is not greater than its horizontal distance from the lot line, except that a fence or wall not greater than six feet in height may be located on, or closer to a lot line than six feet." ******************** In subparagraph 7.5.2 STRUCTURES OTHER THAN BUILDING,in the second paragraph, first sentence, by inserting after the word "antennas," the phrase, "wireless communication facilities that are permitted as provided in section 15," so that the first sentence will read: "Structures erected on a building and not used for human occupancy, such as chimneys, heating-ventilating or air conditioning equipment, solar or photo-voltaic panels, elevator housings, antennas, wireless communication facilities that are permitted as provided in r- 401 Adjourned Session— 1998 Annual Town Meeting, cont . . -April 1, 1998 section 15, skylights, cupolas, spires and the like may exceed the maximum height of a building in feet provided no part of the structure is more than 20 feet higher than the upper elevation of the building and the total horizontal coverage of such structures on the building does not exceed 25 percent. 8:11 p.m. Steve Colman discussed the need for the amendment,the process used to arrive at the proposed amendment,large amount of input sought and received,and objectives of Section 15. 8:22 p.m. Richard Canale, pr.9, former Chairman of the Planning Board continued the presentation, addressing the process. 8:30 p.m. Chairman Peter Enrich reported unanimous support of the Board of Selectmen. David Kanter reported unanimous support of the Cable TV and Communications Advisory Committee. 8:31 p.m. Elizabeth Whitman, pr.8, speaking on behalf of Design Advisory Committee Chairman John Frey, explained that no official vote had been taken but the Committee will add this to its meeting agenda. 8:32 p.m. Ephraim Weiss,pr.5,questioned section 15.3.1,criteria#5 and use of Town owned land and allowable locations for antenna placement and payment. 8:33 p.m. Richard Canale,pr.9, on behalf of the Planning Board,responded to Mr. Weiss' questions. 8:34 p.m. Ephraim Weiss, further stated his concern of placement of products on public property. 8:34 p.m. Town Manager Richard White spoke to the process for placement of antennas on Town property should this by-law change be adopted. 8:36 p.m. Nicholas Hay, 40 Valley Road, questioned FCC regulations and Planning Board compliance. 8:37 p.m. Richard Canale responded to Mr. Hay's question re: monitoring. 8:38 p.m. Nyles Barnert,pr.4, spoke in support but questioned process used for approval of 11 current antennae and being grandfathered. 8:39 p.m. Robert Bowyer addressed preexisting uses legal at the time of installation and that such cases are normally allowed to continue. 8:40 p.m. Robert Rotberg, pr.3, questioned the wording of proposed amendment. Mr. Canale responded and Mr. Rotberg questioned if the wording was restrictive enough. Mr. Canale stated he thought it was as restrictive as it can be. 8:43 p.m. Neal Boyle, pr.7, questioned Mr. Canale about permitted action on `- single family house lots. Mr. Canale confirmed antennae are not permitted on single family house lots and explained why the proposed wording prohibits these lots. Mr. Boyle stated further restriction on freedom to do as one wishes with one's own land. 8:45 p.m. Dawn McKenna,pr.9,questioned a matter of right of situation and the antenna installation in the Muzzey building cupola. 8:46 p.m. Mr. Canale explained that the matter of right pertains to all parts, not just the antenna (wires, etc.) and the role of the Design Adivsory Committee in oversight. 8:47 p.m. David Kaufman, pr.6, questioned the definition of wireless communications facility and household antenna. 402 Adjourned Session— 1998 Annual Town Meeting, cont... .. -April 1, 1998 8:48 p.m. Mr. Canale reviewed the three definitions of wireless communication services and explained these do not include satellite to home antenna and broadcast TV. 8:50 p.m. Marsha Byrnes, pr.5, questioned municipally owned land in residential and commercial districts. 8:52 p.m. Paul Jenkins, pr.8, questioned Planning Board review of plans of other cities and towns and how the proposed by-law compares with other towns. 8:52 p.m. Richard Canale explained the proposed by-laws are tailored to fit the Town of Lexington. 8:54 p.m. Mr. Canale further stated in his opinion it is superior to the others and takes the best of what he's seen. 8:54 p.m. Paul Jenkins,pr.9, questioned clustering of antenna and if the intent is to have as many clustered together in as few locations as possible. 8:54 p.m. Mr. Canale explained that "co-locating" should be done as best as possible. 8.55 p.m. Paul Jenkins commented on the interruption in public safety communications lines from what he saw caused by the Jean Road towers. 8:55 p.m. Caleb Warner, pr.3, questioned Mr Boyle's question on using residential property and Mrs. McKenna's comments on the Mn77ey building. 8:57 p.m. Paul Chernick,pr.6, followed-up on monitoring of emissions and conveying data to the Town. 8:58 p.m. Richard Canale responded that only essential items are included in the by-law, other information will be included in the regulations. 8:59 p.m. Paul Chernick, pr.6, questioned section 15.6.7—Special Permit recipients. 9:00 p.m. Mr. Canale commented on the Board's desire to encourage cooperation with carriers. 9:01 p.m. Mr. Chernick,pr.6,questioned if further requirements could be added in the regulations. Mr. Canale responded on hopes of the Board for ample opportunity.for public comment. 9:01 p.m. Sheldon Spector,pr.6, moved the question. 9:01 p.m. The Moderator asked if the question should now be put. Following a voice vote the Moderator declared the main question now before the meeting. 9:02 p.m Following a voice vote the Moderator declared the vote unanimous and the motion adopted. The Moderator declared the meeting open under Article 40. ARTICLE 40: ZONING BY-LAW, OUTDOOR LIGHTING Approved by 9:03 p.m. Presented by John Davies, Planning Board. Atty. Gen. John Davies, Planning Board,moved that the Report of the Planning Harshbarger Board of Article 40 be accepted and placed on file. August 25, 1998; Posted Sept. 14, 1998 403 Adjourned Session— 1998 Annual Town Meeting, cont. .... -April 1, 1998 Following a voice vote at 9:03 p.m. the Moderator declared the vote unanimous and the report to have been accepted and placed on file. MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion attached to the report of the Planning Board and filed with the Town Clerk. (M O T I O N of Planning Board Report): That the Zoning By-Law be amended by adding a new "SECTION 14. OUTDOOR LIGHTING 14.1 OBJECTIVES The regulation of outdoor lighting is intended to: a. enhance public safety and welfare by providing for adequate and appropriate outdoor lighting, b. provide for lighting that will complement the character of the town, c. reduce glare, d. minimize light trespass, and e. reduce the cost and waste of unnecessary energy consumption. APPLICABILITY,, TERMINOLOGY The requirements of this section shall apply to outdoor lighting on lots and parcels in all districts but shall not apply to: a. one and two family dwellings on lots on which they are the principal use, or b. street lighting, lights that control traffic or other lighting for public safety on streets and ways. When an existingoutdoor lighting installation is being modified, extended, expanded, or g g added to, the entire outdoor lighting installation on the lot shall be subject to the requirements of this section. 14.2.2 TERMINOLOGY In addition to the terms defined in Section 2, Definitions, of this By-Law, the following words, which are technical terms applying to lighting,which are set forth below, shall have the meaning indicated below. Although set forth here for convenience,the terms shall have the same effect as if set forth in Section 2, Definitions. COLOR RENDERING INDEX (CRI): A measurement of the amount of color shift that objects undergo when lighted by a light source as compared with the color of those same objects when seen under a reference light source of comparable color temperature. CRI values generally range from 0 to 100, where 100 represents incandescent light. CUTOFF ANGLE: The angle formed by a line drawn from the direction of the direct light rays at the light source with respect to the vertical, beyond which no direct light is emitted. DIRECT LIGHT: Light emitted from the lamp, off the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire. FIXTURE: The assembly that houses a lamp or lamps, and which may include a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor, lens, or diffuser lens. FULLY-SHIELDED LUMINAIRE: A lamp and fixture assembly designed with a cutoff angle of 90°, so that no direct light is emitted above a horizontal plane. GLARE: Light emitted from a luminaire with an intensity great enough to produce annoyance, discomfort, or a reduction in a viewer's ability to see. HEIGHT OF LUMINAIRE: The vertical distance from the finished grade of the ground directly below to the lowest direct light emitting part of the luminaire. 404 Adjourned Session— 1998 Annual Town Meeting, cont -April 1, 1998 INDIRECT LIGHT: Direct light that has been reflected off other surfaces not part of the luminaire. LAMP: The component of a luminaire that produces the actual light. LIGHT TRESPASS: The shining of direct light produced by a luminaire beyond the boundaries of the lot or parcel on which it is located. LUMEN: A measure of light energy generated by a light source. One foot candle is one lumen per square foot. For purposes of this By-Law, the lumen output shall be the initial lumen output of a lamp, as rated by the manufacturer. LUMINAIRE: A complete lighting system, including a lamp or lamps and a fixture. 14.3 LIGHTING PLAN Wherever outside lighting is proposed, every application for a building permit, a special permit, a special permit with site plan review, a variance, or an electrical permit, shall be accompanied by a lighting plan which shall show: a. the location and type of any outdoor lighting luminaires, including the height of the luminaire; b. the luminaire manufacturer's specification data, including lumen output and photometric data showing cutoff angles; c. the type of lamp such as: metal halide, compact fluorescent, high pressure sodium; d. a photometric plan showing the intensity of illumination at ground level, expressed in foot candles; and e. that light trespass onto any street or abutting lot will not occur. This may be demonstrated by manufacturer's data, cross section drawings, or other means. 14.4 CONTROL OF GLARE AND LIGHT TRESPASS 14 4 1 Any luminaire with a lamp or lamps rated at a total of more than 2,000 lumens shall be of fully shielded design and shall not emit any direct light above a horizontal plane passing through the lowest part of the light emitting luminaire. 14.4.2 All luminaires,regardless of lumen rating,shall be equipped with whatever additional shielding, lenses, or cutoff devices are required to eliminate light trespass onto any street or abutting lot or parcel and to eliminate glare perceptible to persons on any street or abutting lot or parcel. 14.4.3 Paragraph 14.4.1, above, shall not apply to any luminaire intended solely to illuminate any freestanding sign or the walls of any building but such luminaire shall be shielded so that its direct light is confined to the surface of such sign or building. 14.5 LAMPS 14.5.1 Lamp types shall be selected for optimum color rendering as measured by their color rendering index (CRI), as listed by the lamp manufacturer. Lamps with a color rendering index lower than 50 are not permitted. This paragraph shall not apply to temporary decorative lighting which may include colored lamps, such as holiday lighting. 14.6 HOURS OF OPERATION 14.6.1 Outdoor lighting shall not be illuminated between 11:00 p.m. and 6:00 a.m. with the following exceptions: a. if the use is being operated, such as a business open to customers, or where employees are working or where an institution or place of public assembly is conducting an activity, normal illumination shall be allowed during the activity and for not more than one half hour after the activity ceases; 405 Adjourned Session— 1998 Annual Town Meeting, cont . . -April 1, 1998 b. low level lighting sufficient for the security of persons or property on the lot may be in operation between 11.00 p.m. and 6:00 a.m.,provided the average illumination on the ground or on any vertical surface is not greater than 0.5 foot candles. 14.7 SPECIAL PERMITS In accordance with Section 3, the Board of Appeals, acting as the special permit granting authority,may grant a special permit modifying the requirements of this Section, provided r:--- it determines that such modification is consistent with the objectives set forth in paragraph 14.1, in the following cases: a. where an applicant can demonstrate, by means of a history of vandalism or other objective means, that an extraordinary need for security exists, b. where an applicant can show that conditions hazardous to the public, such as steep embankments or stairs, may exist in traveled ways or areas, c. where a minor change is proposed to an existing non-conforming lighting installation, such that it would be unreasonable to require replacement of the entire installation, d. where it can be demonstrated that for reasonsof the geometry of a lot, building, or structure, complete shielding of direct light is technically infeasible. In Section 2,DEFINITIONS,by adding the following in the proper place in the alphabetical order: "COLOR RENDERING INDEX (CRI): (See Section 14, Outdoor Lighting, for definition.) CUTOFF ANGLE: CUTOFF ANGLE: (See Section 14, Outdoor Lighting, for definition.) DIRECT LIGHT: (See Section 14, Outdoor Lighting, for definition.) FIXTURE: (See Section 14, Outdoor Lighting, for definition.) FULLY-SHIELDED LUMINAIRE: (See Section 14, Outdoor Lighting, for definition.) GLARE: (See Section 14, Outdoor Lighting, for definition.) L HEIGHT OF LUMINAIRE: (See Section 14, Outdoor Lighting, for definition.) INDIRECT LIGHT: (See Section 14, Outdoor Lighting, for definition.) LAMP: (See Section 14, Outdoor Lighting, for definition.) LIGHT TRESPASS: (See Section 14, Outdoor Lighting, for definition.) LUMEN: (See Section 14, Outdoor Lighting, for definition.) LUMINAIRE: (See Section 14, Outdoor Lighting, for definition.)" In subparagraph 3.3.2.e.1 by adding the phrase "(See Section 14, Outdoor Lighting)" after the phrase "level of illumination"; In subparagraph 3.3.3.g by adding the phrase "(See Section 14,Outdoor Lighting)" after the word "illumination"; In subparagraph 3.4.2.g by adding the phrase "(See Section 14, Outdoor Lighting)" after the phrase "level of illumination"; In subsection 5.7, in the third paragraph, by adding the phrase "(See Section 14, Outdoor r-- Lightingf after the word "lighting"; In subparagraph 5.8.1 by striking out the existing subparagraph "b. Any nighttime illumination shall be installed in such a way so as not to shine directly into nearby housing.", and by redesignating subparagraphs 5.8.1 c, 5.8.1.d and 5.8.1.e and all cross references thereto to be 5 8.1.b, 5.8.1.c and 5 8.1.d respectively; In subparagraph 11.2.1.b by adding the phrase "(See Section 14, Outdoor Lighting)" after the word "lighting"; 406 Adjourned Session— 1998 Annual Town Meeting, cont . -April 1, 1998 In subparagraph 11.6.6 by striking out the existing subparagraph "d. All artificial lighting used to illuminate specifically any parking space, loading bay, maneuvering space or driveway shall be so arranged that all direct rays from such lighting fall entirely within the parking or loading area and shall be shielded so as not to shine upon abutting properties or streets. The level of illumination of lighting for parking and loading areas shall be low so as to reduce the glow of ambient lighting perceptible at nearby properties or streets."; In paragraph 13.2.5,Illumination,in the first line by striking out the phrase "12:00 midnight" and by inserting in place thereof: "11:00 p.m.". 9:03 p.m. John Davies presented information on the article. 9:12 p.m. Selectman Peter Enrich stated the Board of Selectmen's unanimous support of this article. 9:13 p.m. Anne Ripley, pr.6, questioned one and two family housing clusters. Mr. Davies explained that the clusters would be excluded. 9:13 p.m. Andrew Friedlich,pr.5,questioned one and two family lots being exempted. 9:14 p.m. Mr. Davies spoke of hopes for people to begin thinking of lighting issues. 9:15 p.m. Perry Pollins,pr.5, questioned future inclusion of town street lights. 9:16 p.m. Cindy Blumsack,pr.6, questioned if these requirements would be retroactive. Mr. Davies replied that the rules cannot be retroactive. 9:17 p.m. Sheldon Spector,pr.6, questioned excessive holiday lighting and impact on neighboring homes. Mr. Davies replied that such lighting is not controllable. 9:18 p.m. Thomas Diaz, pr.2, commented on the Tucson, AZ plan and questioned technical lighting measurements. 9:19 p.m. Mr. Davies addressed sodium vapor lamp usage and explained that the Planning Board had made these amendments somewhat more lenient than Tucson, AZ. —' 9:23 p.m. Carol Grodzins,pr.3, referenced a letter received from a resident of precinct three and their desire to include street lighting. 9:24 p.m. John Hayward, pr.5, called the question. 9:24 p.m. The Moderator asked if the question should now be put. Following a voice vote the Moderator declared the main question now before the meeting. 9:24 p.m Following a voice vote the Moderator declared the vote unanimous and the motion adopted. The Moderator declared the meeting open under Article 46. ARTICLE 46: TRANSFER HENNESSY FIELD PROPERTY TO CONSERVATION COMMISSION 9:26 p.m. Presented by Clarke Cowen, pr. 7. MOTION: That the Town transfer the care, custody, management and control of the land acquired by an order of taking dated June 25, 1962 and recorded in the Middlesex South Registry of Deeds Book 10065, Page 405 and known as Hennessy's Field, to the Conservation Commission for conservation purposes as provided by Section 8C of Chapter 40 of the General laws, as amended. 9:27 p.m. Clarke Cowen presented information for supporting this article. 9:30 p.m. Deborah Brown, 47 Robinson Road, speaking on behalf of the Friends of Hennessey, spoke of the property's use as open space and of the need to transfer to the Conservation Commission. 9.34 p.m. Eileen Entin, 104 Blossomcrest Road, spoke in support of the transfer. 9:36 p.m. Frances Ludwig, 19 Wyman Road, advocated use as an outdoor classroom for the schoolyard adventures program at Estabrook School. 407 Adjourned Session—1998 Annual Town Meeting, cont . . -April 1, 1998 9:39 p.m. Tom Sileo, former Lexington resident and author on open space in Lexington, spoke on the ecological issues, unique aspect of open space and the Hennessey field and it being one of the only wildflowered meadows of its kind in Lexington. 9:39 p.m. Selectman Dan Fenn spoke of the difficult decision this article presents, with conflicting needs of the community. Mr. Fenn reported that the majority of the Board of Selectmen voted to support this article. 9:46 p.m. Sandra Shaw, Recreation Committee, spoke on the need for more fields for recreational team sports and requested this transfer of land request be opposed. 9:53 p.m. Robin DiGiammarino, speaking on behalf of the School Committee, reported the Committee's recommendation for postponement of this article to allow for a more collaborative proposal from the Recreation and Conservation Commission. 9:54 p.m. Joyce Miller, Conservation Commission Chairman, stated the Commission,which is always happy to accept conservation land, had hired a consultant for ecological study impact of a soccer field. Mrs. Miller stated the property is a jewel which should be preserved and protected. The Conservation Commission unanimously and strongly supports the transfer of this land to its Commission. 9:57 p.m. Robert Boudreau, 15 Hill Street, spoke as President of the Lexington Athletic Association and past President of Lexington Youth Soccer. Mr. Boudreau spoke of the benefits of youth sports and of the need to retain the land, and of his opposition to transfer to Conservation. 10:03 p.m. Emily, Carrie& Louisa, students from the Estabrook School, spoke of their bluebird house project and other values of the Hennessey Field. 10:04 p.m. Carolyn Tiffany,pr.8, spoke of the need to balance team sports enthusiasts with the needs of others and in favor of the transfer to Conservation. 10.08 p.m. Donald Chisholm,pr.4, and Recreation Committee, read a letter from former Selectmen Bill Dailey and Paul Marshall proposing the land remain under town jurisdiction and defeat of the article. 10:10 p.m. Jacquelyn Ward, 15 Robinson Road, urged Hennessey Field be put into Conservation. 10:11 p.m. Richard Thuma, 52 Ivan Street, representing Lexington Youth Soccer, spoke in opposition to the transfer to Conservation. 10:15 p.m. Richard Neumeier,pr.3, questioned Town Counsel if the article were to be passed what would be required to take back some acreage if so desired r` in the future. Town Counsel Norman Cohen explained such action requires and act of the State Legislature, among other things. Mr. Neumeier further expanded upon that issue and spoke in opposition to the transfer. 10:18 p.m. Jonathan Lederman,pr 7, requested a point of information and questioned why four soccer fields are currently out of service. 10:19 p.m. Donald Chisholm, Recreation Committee, explained that the fields currently in restoration are Muzzey, Harrington, Lincoln, and Adams. 10:20 p.m. Myla Kabat-Zinn, pr.2, asked Sandra Shaw about field usage. Ms. Shaw and Recreation Director Karen Simmons clarified adult usage of fields, and multi-purpose field usage. 408 Adjourned Session—1998 Annual Town Meeting, cont -April 1, 1998 10:21 p.m. Ms. Kabat-Zinn commented upon open space and assumptions that certain pieces of property are conservation land. She spoke in favor of the land transfer and of the need to protect the land. 10.24 p.m. Alan Levine, pr.8, spoke in favor of the transfer. 10:26 p.m. Judith Uhrig moved the following subsidiary motion: MOTION: The subject of this article be referred to a committee to be composed of a) one representative from each of the following groups; The Board of Selectmen, The Conservation Commission, The Recreation Committee, the Planning Board and the proponents of this article; and b)two Town Meeting Members to be appointed by the Moderator. The Planning Board member will serve as the convener and chairman. The Committee will report back to the next annual Town Meeting. The Moderator explained that the motion to refer is a subsidiary motion and 10 minutes for debate is allowed 10:28 p.m Ms. Uhrig spoke of the need for a thorough process, with discussion among several town boards to consider the needs for the entire town. 10:30 p.m. Fred Merrill, Planning Board, explained the Board had originally 4-0 in favor of the amendment but now is split 3-1 in favor, explaining the need for more time for opposing interests to work through in a more participatory process and recognizing there is no immediate threat to the property 10:32 p.m. Robin DiGiammarino indicated the School Committee agrees with the _ motion to refer. 10:32 p.m. Dan Fenn reported the Board of Selectmen is evenly divided on the motion to refer. 10:33 p.m. Sandra Shaw reported the Recreation Committee supports referral. 10:34 p.m. Joyce Miller reported the Conservation Commission agrees they see no particular reason to refer the matter to committee. 10:35 p.m. Judith Uhrig stated her reference to open discussion she meant as one entity, which she doesn't believe has happened as yet. 10:37 p.m. Clark Cowen spoke in opposition to referral. 10:40 p.m. Sandra Shaw spoke in need for referral and discussion. 10:42 p.m. Ephraim Weiss, pr.5, questioned the limit on debate and the ability to debate further. He then moved to recess. 10:43 p.m. The Moderator called the vote on Mr. Weiss's motion to recess. Following a voice vote at 10:43 p.m. he Moderator declared the motion to recess not adopted. 10:43 p.m. David Kanter, pr.7, questioned a point of order and asked if the question will come back up by default next year if referred to committee. The Moderator explained that it would not but the committee would report `J back to town meeting. It takes only 10 signatures to bring an article to Town Meeting. 409' Adjourned Session—1998 Annual Town Meeting, cont ... -April 1, 1998 10:43 p.m. Following a voice vote which was uncertain,the Moderator called for a standing vote on the subsidiary motion to refer to committee, tallied as follows: Precinct Yes No 1 10 7 2 9 9 3 10 7 t- 4 14 5 [ 5 8 8 6 5 11 7 5 14 8 6 10 9 8 10 At Large 8 3 TOTAL 83 84 10:48 p.m. Less than the required majority,the Moderator declared the motion not adopted. 10:48 p.m. Jeannette Webb,pr.4, spoke in opposition to putting the land into Conservation. 10:50 p.m. Marsha Baker,pr 7, chairperson of pr.7, spoke on behalf of precinct 7 and reported the majority of precinct 7 is in favor of the land transfer to the Conservation Commission. 10:52 p.m. Elizabeth Whitman,pr.8, commented that the Conservation Commission was established approximately 2 years after the Hennessey land gift. 10:53 p.m. David Kaufman,pr 6, stated his preference to develop Willards Woods over the Hennessey field property and supported the land transfer. 10:54 p.m. Eugene Skelton, 91 North Hancock Street, spoke in favor of recreation programs and needs. 10:59 p.m. Arlayne Peterson, 12 Turning Mill Road, spoke in favor to the transfer to Conservation. 11:00 p.m. Carolyn Wilson,pr.2, former Recreation Committee member, spoke on the issue of fairness and stated the property had been earmarked for Recreation for 36 years. 11:02 p.m. Susan Elberger,pr.9, spook of the need for process to provide the Recreation Committee and Conservation Commission to meet together and recommended voting against the article. 11.04 p.m. Tom Fenn,pr.9, spoke in support of the article. 11:09 p.m. James Wood, pr.7, spoke of the need for referral and hopes of voting no on this article this evening to provide time to propose the best solution for the future. 11:12 p.m. Alan Lazarus, pr.6, spoke in favor of the article and of the need to preserve the field. 11:13 p.m. Margaret Rawls,pr.4, moved the question. 11:13 p.m. The Moderator asked if the question should now be put. Following a voice vote the Moderator declared the main question now before the meeting. 410 Adjourned Session-1998 Annual Town Meeting, cont -April 1, 1998 11:13 p.m. As this motion requires a two-thirds vote the Moderator called for a standing vote on Article 46, tallied as follows: Precinct Yes No 1 8 9 2 8 11 3 9 9 4 5 14 -, 5 8 9 6 10 5 7 17 2 8 10 7 9 11 7 At Large 5 6 TOTAL 91 79 11.18 p.m.. Less than the 2/3 required,the Moderator declared the motion not adopted. 11:18 p.m. Bebe Fallick,pr.6, served Notice of Reconsideration on Article 46 11:18 p.m. Peter Enrich, Chairman of the Board of Selectmen,moved that the meeting be adjourned until Monday, April 6, 1998 at 8:00 p.m., at Cary Memorial Hall. Adopted by voice vote. 11:18 p.m.. A true copy. r--1 Attest: _ Donna M. Hooper, To , Clerk 411 ADJOURNED SESSION— 1998 ANNUAL TOWN MEETING APRIL 6, 1998 The April 6, 1998 Adjourned Session of the 1998 Annual Town Meeting was called to order by Moderator Margery M. Baffin, at 8:10 p.m., in Cary Memorial Hall. A quorum of 176 members was present. The Moderator called the meeting open on Article 2. ARTICLE 2: REPORTS OF COMMITTEES r^- 8:10 p.m. Selectman Chairman Peter Enrich reported under Article 2 on the action taken by the Selectmen at their meeting earlier in the evening in establishing _ an adhoc committee to review the proposal made by the proponents of Article 46 of the Annual Town Meeting, evaluate the needs for sporting/athletic fields, the potential options for creating new athletic fields; and recommend a use designation for Hennessey Field. It is expected that the Committee will make its report to the Selectmen in the fall of 1998. The Committee shall be comprised of 8 members; one each from the Board of Selectmen, Conservation Commission, Recreation Committee, Planning Board, citizen from sporting/athletic community, proponent of Article 46 and two Town Meeting Members appointed by the Board of Selectmen. The Planning Board will serve as the convener and Chairman. The Committee will report back to the next Annual Town Meeting. 8:13 p.m. Superintendent Jeffrey Young reported on "the audit", educational management accountability and its favorable findings of operations in Lexington. Superintendent Young summarized findings on use of funds and identification of Best Practices, stating that Lexington ranks highly in the eyes of the State. r-- 8:26 p.m. Marshall Derby, Chairman of LexHab, reported under Article 2 an update for Town Meeting on LexHab activities over the past year. Mr Derby identified the work completed on Grandview Avenue as well as proposed work for sites in the 1998 warrant— Spencer Street and Sedge Road. Mr. Derby listed the complexes at which LexHab units are located as well as individual sites,recruitment practices and outreach efforts. 8:31 p.m. The Moderator stated the meeting was open under Article 43. ARTICLE 43: LEXHAB REQUIREMENTS 8:31 p.m. Presented by Dawn McKenna,pr.9. MOTION: The Board of Selectmen be requested by Town Meting to instruct the Lexington Housing Assistance Board,Inc. (LexHab)to pursue a policy of providing affordable housing through the acquisition of existing structures and dwelling units as a priority over constructing buildings on vacant land or open space. 8:31 p.m. Ms. McKenna presented the motion and further explained information on available housing and costs. x-- 8:35 p.m. John Niles, 1 Spencer Street, urged passage of Article 43 to address concerns of a large number of citizens regarding town sponsored development and conflict with core values for open space, burdens placed on the town and public services from increased population. 8:42 p.m. Marshall Derby, Chairman of LexHab,reported costs of construction vs. purchasing existing homes and spoke in opposition to the article. 8:46 p.m. Selectman Dan Fenn spoke against inhibiting the means by which LexHab can accomplish its mission and reported unanimous opposition of the Board of Selectman to Article 43. 412 Adjourned Session— 1998 Annual Town Meeting, cont... —April 6, 1998 8:48 p.m. Ralph Clifford,Fair Housing and Human Relations Committee,spoke in opposition to Article 43 and outlined the difficulties experienced in obtaining affordable housing. 8:50 p.m. Bruce Collier,pr.3, spoke in opposition. 8:51 p.m. Lynn Knight,24 Tarbell Ave.,spoke in favor of Article 43 and of the need to preserve open space. 8:53 p.m. Sam Berman,pr.3, spoke against the article. 8:54 p.m. Ira Bernstein,pr.2,questioned LexHab on its use of lots for building, 8:55 p.m. Marshall Derby reported 9 of 43 housing units were constructed on empty lots. 8:55 p.m. David Harris,pr.4,questioned intent of the Article. Dawn McKenna explained desired focus to existing housing. Mr. Harris spoke in support as he didn't feel the article tied the hands of LexHab. 8:56 p.m. Sue Cusack, pr.9, stated the intent of the article would create more divisiveness,in the Town and spoke against the article. 8:57 p.m. Alan Lazarus, pr.6, agreed with Ms. Cusack and stated he felt the article was too restrictive. Mr. Lazarus questioned Mr. Derby on operating practices as a result of the AdHoc Report. Mr. Derby stated the Board had formalized some previously implemented informal procedures. 8:58 p.m. Alan Lazarus urged a group be formed to raise funds to buy existing housing. 8.59 p.m. Florence Baturin,pr.6, spoke in opposition. 9:00 p.m. David Rudner,pr.2, questioned record of past building by LexHab. Mr. Derby explained only one house thus far was preexisting. Mr. Rudner explained he didn't believe the proponents of the article were necessarily opposed to LexHab. 9:02 p.m. Nyles Barnert,pr.4, spoke against. 9:03 p.m. Alan Levine, pr.8, spoke in support and on issues confronted by LexHab in finding available land for building. 9:04 p.m. Scott Burson,pr.4, called the question. After a voice vote the Moderator declared the main question now before the meeting. 9:05 p.m. Mr.Niles summarized his points. 9:05 p.m. After a voice vote the moderator declared the motionYaWifit NOT ;t ADOPTED. 130,11 9:05 p.m. Dawn McKenna,pr.9, served notice of reconsideration of Article 43. ARTICLE 45: TRANSFER SPENCER STREET LAND TO CONSERVATION 9:06 p.m. Presented by Dawn McKenna,pr.9. MOTION: That the Town transfer the care,custody,management and control of the land shown as Lot 2 on plan entitled "Compiled Subdivision Plan of Land in Lexington, MA (Middlesex County)" recorded as Plan No. 1324 of 1996 in the Middlesex County South Registry of Deeds to the Conservation Commission for conservation purposes as provided by Section 8C of Chapter 40 of the General Laws, as amended. 9:07 p.m. Ms.McKenna explained the opposition to the comprehensive permit process used to override the Town's own zoning by-laws to build, and her concern of the means by which this land is in the hands of LexHab. 413 Adjourned Session—1998 Annual Town Meeting, cont . —April 6, 1998 9:08 p.m. Michael Brooks, 905B Massachusetts Avenue,presented a few slides of the Spencer Street property and spoke to the method by which the property is in the possession of LexHab, and impact of the proposed development on the remaining space,the value of open space in the neighborhoods. 9:16 p.m. Marshall Derby, LexHab,presented the history on the property and the means by which LexHab acquired the property,the changes r-- made to proposed development, and accommodations made to the neighborhood. Mr. Derby requested defeat of the article. 9:26 p.m. Selectman Dan Busa explained the action taken by the Board of Selectmen to listen to the neighborhood and prior actions taken by town meeting. Mr. Busa urged defeat of the article. 9:28 p.m. John Davies, Planning Board, stated the Planning Board unanimously urges defeat. 1 9:29 p.m. Joyce Miller, Conservation Commission, stated the Commission's appreciation for receiving the Augusta land and opposed this article. 9:30 p.m. Ralph Clifford, Fair Housing and Human Relations Committee, spoke in opposition and urged defeat. 9:31 p.m. Bruce Collier,pr.3, spoke in opposition. 9:35 p.m. Martin Long,pr.6, questioned Marshall Derby on residents in LexHab housing. r 9:37 p.m. Jonathan Lederman,pr.7, questioned Marshall Derby on estimated costs for construction of the proposed Spencer Street house. Mr. Derby projected a cost from$160,000 to $170,000. Mr. Lederman identified further costs to the school system and spoke in favor of the article. 9:39 p.m. Elaine Dratch,pr.5, questioned future purchase of the 26 Katandin Woods units when the complex turns condominium in approximately 5 years. 9:42 p.m. Myla Kabat-Zinn,pr.2, questioned the timing when LexHab notified neighbors of its intent and the process of acquisition, speaking in favor of the article. 9:44 p.m. Jacqueline Davison,pr.3, spoke of the sensitive means for land use and opposition to the article. 9:46 p.m. Sue Cusack,pr.9, spoke in opposition. 9:47 p.m. Dawn McKenna,pr.9, explained that the Spencer Street neighbors have committed to contributing $60,000 to LexHab and she will propose a 1999 Town Meeting article to reimburse LexHab the remainder. 9:48 p.m. Jeannette Webb,pr.4,moved the question. 9:48 p.m. After a voice vote the Moderator declared the main question now before the meeting. 9:49 p.m. Dawn McKenna summarized reasons to support the motion. 414 Adjourned Session— 1998 Annual Town Meeting, cont.. —April 6, 1998 9:49 p.m. As this motion requires a two-thirds vote the Moderator called for a standing vote on Article 45,tallied as follows: Precinct Yes No 1 5 13 2 5 11 3 5 14 4 1 19 5 2 13 6 6 13 ---� 7 3 12 8 1 13 9 5 13 At Large 1 6 TOTAL 34 127 9:52 p.m. Less than the 2/3 required,the Moderator declared the motion not adopted. 9:52 p.m. Dawn McKenna,pr.9, served Notice of Reconsideration of Article 45. The Moderator declared the meeting open under Article 53. ARTICLE 53: LAND TRANSFER/SEDGE ROAD—LEXHAB 9:52 p.m. Presented by Selectman Elizabeth Eddison. MOTION: That the care, custody, management and control of that portion of land shown as a 30,000 square foot lot on a plan entitled"LexHab Sedge Road Lexington, MA." dated March 23, 1998 no longer needed by the School Department be transferred to the Board of Selectmen to be used for housing or other municipal purposes. 9:53 p.m. Marshall Derby, Chairman of LexHab, presented information on the request, including proposed layout, street improvements, and neighbor input. 9:58 p.m. Ralph Clifford, Fair Housing and Human Relations, spoke in favor. 9:58 p.m. Joyce Miller, Conservation Commission, urged adoption of the article and stated no Conservation issues but that the Commission had requested a path through the property to access the Chiesa Property. 9:59 p.m. Barrie Peltz, Chairman of the School Committee, spoke in favor of the motion and of the improvement to be made to Sedge Road. 9:59 p.m. Frank Sandy,pr.6, spoke in favor. 10:00 p.m. Sheldon Spector,pr.6, questioned possible impact on the bird migration from the Chiesa Property. 10:00 p.m. Joyce Miller explained the bird migration was from the bird sanctuary. 10:01 p.m. Elizabeth Whitman, pr.8, questioned housing location in relation to the property. Mr. Derby explained layout of the neighborhood. 10:02 p.m. Elizabeth Whitman,pr.8, questioned if the school system would provide the Conservation Commission access to walk to the Chiesa Property regardless? Ms. Miller had no idea. 415 Adjourned Session— 1998 Annual Town Meeting, cont . —April 6, 1998 10:03 p.m. David Kanter,pr.7, questioned the viability for use of the property for recreation purposes. 10:04 p.m. Sandra Shaw, Recreation Committee,explained the Recreation Committee hadn't had interest in this property. Don Chisholm, Recreation Committee, further explained that 30,000 square feet was insufficient space for a soccer field. 10:05 p.m. David Kanter,pr.7, questioned what percentage of town residential property is in the care of LexHab. Mr. Derby responded that of the approximate 11,000 dwelling units, LexHab had 43 and confirming Mr. Kanter's statement that LexHab has gone from 40 to 43 units over the past three years. 10:06 p.m. Jonathan Lederman,pr.7, questioned if any wetlands existed on the property and if a comprehensive environmental impact study had been conducted. 10:07 p.m. Joyce Miller, Conservation Commission, stated that to their knowledge there were no wetlands on this site. 10:07 p.m. Dawn McKenna,pr.9, spoke\in support of the article. 10:08 p.m. Karen Dooks,pr.2, spoke on the transfer of a 30,000 s.f. log to Conservation. Mr. Derby explained that the neighborhood zoning has 30,000 s.f. minimum lot. P°.'"" 10:10 p.m. Ira Bernstein,pr.2, moved the question. 10:10 p.m. After a voice vote the Moderator declared the main question now before the meeting. 10:10 p.m. As this motion requires a two-thirds vote the Moderator called for a standing vote on Article 53,tallied as follows: Precinct Yes No 1 15 0 2 13 1 3 18 0 4 18 0 5 15 0 6 18 0 7 15 1 8 16 0 9 16 1 At Large 9 0 TOTAL 153 3 10:13 p.m. More than the 2/3 required,the Moderator declared the motion adopted. 10:14 p.m. The Moderator declared the meeting open under Article 47. 10.14 p.m. Andrew Friedlich,pr.5, moved Article 47 be postponed until after Article 60. Mr. Friedlich explained that the presenter of the Article is out of town. 10:14 p.m. After a voice vote,the Moderator declared the motion adopted. 416 Adjourned Session— 1998 Annual Town Meeting, cont. —April 6, 1998 ARTICLE 48: EAS'EMENT—DUNBACK MEADOW 10:14 p.m. Presented by Charles Hornig. MOTION: That the Town authorize the Board of Selectmen, with the approval of the Conservation Commission,to grant permanent easements over portions of the Dunback Meadow Conservation Land to the owners of property bordering Bacon Street and shown as Lots 23, 24, and 25 on Assessor's Property Map 23 in order to allow connections to the town sewer system, --� with the exact locations to be determined by the Department of Public Works, the Conservation Commission,and the applicant at such time as the applicant requests approval of suchconnections,and authorize the Board of Selectmen to petition the General Court for an act to permit such easements over conservation land. 10:14 p.m. Mr. Hornig, pr. 8, previously stating he will be abstaining from voting, explained the need for permission to cross strips of conservation land to connect the Hornig property, owned by his father,to sewer. 10:20 p.m. Joyce Miller, Conservation Commission, spoke to the risks of pollution when septic systems are near wetlands and stated it is in the best interest to connect to sewer. 10:22 p.m. Sheldon Spector, pr.6, questioned if Mr. Hornig will be abstaining from voting. Mr. Hornig confirmed his planned abstention. 10:22 p.m. Bruce Collier, pr.3, questioned if the connection to sewer provided opportunity for further development on the lots in question. 10:22 p.m. John Davies, Planning Board, referred the question on the wetlands nature of the lots to Joyce Miller. Mrs. Miller referred the questions to David Williams. Mr Williams explained that Bacon Street is not even a private way and that yes the land is wetland. 10:24 p.m. Mr. Hornig responded on the need for septic. 10:26 p.m. Roger Borghesani,pr.8, questioned how the sewer service would be designed and if access would be provided for other owners as well. 10:26 p.m. Charles Hornig explained that they would build a connection that seemed most appropriate. 10:28 p.m. Sam Silverman,pr 6, questioned the source of the map used by Mr. Hornig in his presentation. 10:29 p.m. Robert Whitman, pr.8, questioned the size of the lots shown. Mr. Hornig responded that lot A is approximately 8 acres, B approximately 4 acres, and C approximately 3 acres. 10:30 p.m. Don Chisholm,pr.4,questioned town ownership/Conservation of one of the lots. David Williams responded that it was Conservation land. 10:34 p.m. Kenneth Reich, pr.4, questioned future development implications. 10:35 p.m. Jeanne Krieger, Board of ,Selectman, reported the Selectmen recommended approval. 10:35 p.m. John Hayward,pr.5, called the question. 417 Adjourned Session—1998 Annual Town Meeting, cont —April 6, 1998 10:35 p.m. After a voice vote the Moderator declared the main question now before the meeting. 10:35 p.m. As this motion requires a two-thirds vote after a voice vote the Moderator called for a standing vote on Article 48,tallied as follows: Precinct Yes No Abstain 1 13 0 2 13 0 3 13 0 4 16 2 5 14 0 6 18 0 7 14 1 8 17 0 1 9 18 0 At Large 8 0 TOTAL 144 3 1 10:40 p.m. More than the required 2/3,the Moderator declared the motion adopted. 10:40 p.m. Peter Enrich , Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday,April 8, 1998 at 8:00 p.m., at Cary Memorial Hall. Adopted by voice vote. 10:40 p.m.. r-- A true copy. Attest: „ e Donna M. Hooper, 'Awn Clerk 1 1 418 ADJOURNED SESSION—1998 ANNUAL TOWN MEETING APRIL 8, 1998 The April 8, 1998 Adjourned Session of the 1998 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:05 p.m., in Cary Memorial Hall. A quorum of 179 members was present. 8:05 p.m. The Moderator declared a recess. Representative Jay Kaufman and Lexington High School Principal Philip Lanoue recognized the achievements of the 1998 Merit Scholars. Selectman Dan Busa updated the meeting on the April 13th appearance of the U.S. -� Women's Olympic Ice Hockey Gold Medallist Vicki Movsessian 8:11 p.m. The Moderator called the meeting to order and presented a brief update on the"snail's pace"of the meeting thus far,having voted on only 19 of 61 articles and confirmed plans for addressing Article 4 on April 13t. In order to do so, it is hopeful that Articles 49-53, 56-60, and 47 be voted this evening. cti 8:12 p.m. The Moderator declared the meeting open under Article 49 ARTICLE 49: AMEND GENERAL BY-LAWS—TOWN MEETING 2/3 VOTE cu 8:12 p.m. Presented by Selectman Jeanne Krieger. MOTION: That Article V of the General By-Laws be amended by adding a new Section 29A thereto as set forth in the article. 0 • cs "Section 29A Whenever a two-thirds vote is required by statute, such vote may be declared as such by the Moderator without a count and be recorded N as such by the Clerk upon such declaration,provided, however that if seven 0 u) or more members doubt the vote, a counted vote shall be taken." �f 0. 8:15 p.m. Ms. Krieger explained the intent to amend the general by-laws. 8:15 p.m. Town Counsel Norman Cohen, presiding as Moderator, recognized Margery Moduzix Battin, president of the Massachusetts Moderator's Association. Mrs. Battin, explaining she will not be voting on the article,presented background on the intent of the legislation to allow Moderators to declare a 2/3 vote without a count if the voice vote is clear. If the Moderator's declaration is questioned by seven or more town meeting members,the vote must then be counted. 8:18 p.m. Following a voice vote, the Moderator declared the motion unanimously adopted. ARTICLE 50: ACCEPT SEC. 22F OF Ch. 40 OF THE M.G.L. 8:20 p.m. Presented by Selectman Jeanne Krieger. MOTION: That the Town accept Section 22F of Chapter 40 of the Massachusetts ^` General Laws. J 8:20 p.m. Mrs. Krieger explained passage of this article would allow fees imposed by Town Offices, including the Town Clerk's Office,to be approved by the Board of Selectmen and not require town meeting approval. 8:20 p.m. Sam Silverman, pr.5, questioned authorization for approval Town Counsel Norman Cohen confirmed approving authority would be the Board of Selectmen. 8:20 p.m. Following a voice vote,the Moderator declared the motion adopted. 419 Adjourned Session—1998 Annual Town Meeting, cont.... —April 8, 1998 ARTICLE 51: ACCEPT SEC.SEC 147A of CH. 140 OF THE M.G.L. 8:21 p.m. Presented by Selectman Jeanne Krieger. MOTION: That the Town accept Section 147A of Chapter 140 of the Massachusetts General Laws. 8:21 p.m. Mrs. Krieger explained the dissolution of Middlesex County government necessitated the adoption of this section of the M.G.L. for regulating and licensing of dogs in Lexington. 8:23 p.m. Michael Schroeder,pr.9,questioned any additional expenses for which the Town may now be liable. 8:24 p.m. Town Manager Richard White explained the Town, regardless of passage,is now responsible as the County program is dissolved. He further explained that primarily any such obligation pertains mainly to disposition of animals. 8:25 p.m. Following a voice vote, the Moderator declared the motion unanimously adopted. ARTICLE 52: AMEND ARTICLE XXVIII OF THE GENERAL BY-LAWS, ANIMALS 8:25 p.m. Presented by Selectman Jeanne Krieger. ca MOTION: That Section 2 of Article XXVIII of the General By-Laws be amended ca as set forth in the article. al "To see if the Town will vote to amend Section 2 of Article XXVIII of the General By-Laws(Animals)by deleting the second paragraph , thereof relating to license fees for dogs and by changing the late fee co in paragraph three thereof from ten dollars to twenty-five dollars; or act in any other manner in relation thereto." CNI 8:25 p.m. Mrs. Krieger explained the intent of the article, removal of the 01 reference to fees as article 50 will now allow the Selectmen to PtO approve licensing fees, and the change in late fines from $10 to $25. 8:26 p.m. Following a voice vote, the Moderator declared the motion unanimously adopted. ARTICLE 56: BOARD OF HEALTH — NON-CRIMINAL DISPOSITION 8:27 p.m. Presented by Martha Wood. to ctl MOTION: That Section 6 of Article I of the General By-Laws be amended as set forth in a document filed with the Town Clerk on February 6, 1998. To see if the Town will vote to amend Section 6 of Article I of the General By-Laws (Non-Criminal Disposition) by increasing fine schedules relating to certain regulations of the Board of Health, all as shown on a document on file in the office of the Town Clerk; or act in any other manner in relation thereto. ° Li Description N oThis article would increase fines for non-criminal disposition(ticketing)of violations of m certain local and state health codes. These changes are requested to make the fines reflect the severity of the violation involved, and to promote compliance with the regulations. 420 Adjourned Session—1998 Annual Town Meeting, cont. —April 8, 1998 Proposed Changes to Fine Schedule for Article 56 of Town Warrant, 1998 Regulation Subject First Offense Second Offense Chapter I Diseases $50 $100 Chapter V Cesspools, Septic Tanks and $100 $200 Sewers Chapter VIII Slaughtering $50 $100 --� Chapter IX Offensive Trades, Occupations, $50 $100 And Practices Chapter XIII Governing Bathing Places $50 $100 Chapter XIV Rules and Regulations $100 $200 Governing the Practice Of Massage Massage Regulations for Use of Recombinant DNA Molecule Technology $100 $200 8:27 p.m. Martha Wood explained the increase of fines previously adopted in May, 1988 by the Board of Health to reflect the seriousness of violations and the time required for enforcement. 8:28 p.m. Elizabeth Eddison,Board of Selectmen,stated the unanimous support of the Board. 8:28 p.m. Following a voice vote, the Moderator declared the motion adopted. )I J ARTICLE 57: HISTORIC DISTRICTS COMMISSION NON-CRIMINAL DISPOSITION 8:28 p.m. Presented by Selectman Elizabeth Eddison. MOTION: That the Selectmen be and they hereby are authorized to petition the General Court for an act to amend Chapter 447 of the Acts of 1956 as amended to provide alternatives for enforcement by the use of non-criminal disposition as set CU forth in Section 21D of Chapter 40 of the Massachusetts General Laws. 8:29 p.m. Selectman Eddison explained the intent of establishing non-criminal 0, fines and reported the recommended approval of the Board of Selectmen. Ln ni 8:30 p.m. Richard Michelson, pr.8, spoke in opposition to the motion and explained his concerns on the lack of guidelines for which the violators may be fined. 8:31 p.m. Town Counsel Norman Cohen explained this article is only to have the legislation changed. If changed, the Historic Districts Commission will have to amend the By-Laws next Town Meeting and establish regulations. At this time the only power the Historic Districts Commission has over violators is to go to court. 8:32 p.m. Mr. Michelson replied.that he would like to see rules and regulations before voting on this motion. 8:33 p.m. Joel Adler, pr.1, stated his agreement with Mr. Michelson and expressed his feelings that the Historic Districts Commission has been going too far and is too heavy handed. 421 Adjourned Session—1998 Annual Town Meeting, cont. . —April 8, 1998 8:34 p.m. Alan Lazarus, pr.6, speaking on behalf of a constituent, it has been requested he convey to the Historic Districts Commission a request for a booklet for citizens to know exactly what are the rules. Otherwise, he supports the article. 8:36 p.m. Robert Coyne,pr.7, spoke against the article and other action taken by the Historic Districts Commission, feeling that the Commission r-- should have to go to court. 8:37 p.m. Town Manager Richard White clarified provisions of the Act to be adopted,stating that it is not specific in terms of regulations. Without adoption of this Act burdens are placed on the staff who are bound to enforce the rules and regulations. 8:39 p.m. David Rudner, pr.2, was requested by a precinct 2 constituent to convey many of the points expressed by Mr. Michelson. Mr. Rudner the requested clarification on possible loss of control by the Historic Districts Commission if the motion is passed. 8:39 p.m. Town Counsel Norman Cohen explained that as he understands,the Historic Districts Commission will have to develop rules and regulations to bring to town meeting to change the by-laws. 8:41 p.m. Eric Michelson,pr.1, stated he thought this motion was a good idea for the future—not right now. He saw it the obligation of the Historic Districts Commission to give clarity to the situation and return next year to proceed to the next step. r- 8:42 p.m. George Burnell,pr.7,spoke in favor and of the need to settle problems without going to court. 8:43 p.m. John Davies,pr.4, spoke in support of the motion and of Mr. White's and Mr. Burnell's comments. 8.44 p.m. Paul Hamburger,pr.5, spoke against the motion and spoke of the need to signal to the Historic Districts Commission and to do it next year. 8:44 p.m. Paul Chernick,pr.6,was requested by constituents to express concerns of Historic Districts Commission's previous action and making it easier to penalize people. 8:46 p.m. Town Counsel Norman Cohen,requesting point of personal privilege, explained that over 90% of Historic Districts Commission (HDC) applications are approved and the reference to action on the barber shop pole approval by the HDC are a nonissue. 8:46 p.m. Joel Adler,requesting a point of clarification,stated he understood the Town took the barber to court and lost. Town Counsel Norman ! r-- Cohen reported that the Town decided not to pursue court action. 8:47 p.m. David Williams,pr.5, spoke in support of the article and clarified the situation on the house in front of St. Brigid's church. 8:48 .m. Sam Silverman, pr.5, commented P he thought the Historic Districts Commission should be able to enforce by non-criminal means and spoke in favor of the motion. 8:50 p.m. Liz Stevens spoke in opposition to the motion and questioned any alternative method for applicants to appeal Historic Districts Commission decisions. v i 422 Adjourned Session—1998 Annual Town Meeting, cont. —April 8, 1998 8:52 p.m. Fred Rosenberg,pr.9,moved the question. 8:52 p.m. After a voice vote,the Moderator declared Mr. Rosenberg's motion not adopted. 8:53 p.m. Fred Martin, pr.7, questioned Town Counsel on the appeal process and any change in process by adoption of this motion. Mr. Cohen explained that decisions may be appealed to Concord District Court. - 8:55 p.m. Sheldon Spector, pr.6, stated his agreement with Mr. Burnell, in theory, and questioned the Board of Selectmen as appointing authority of the Historic Districts Commission. Selectman Chairman Peter Enrich stated the Board recognized communication issues with the HDC and the community. 8:57 p.m. Bruce Collier,pr.3, spoke in support. 8:58 p.m. Janet Tiampo, 1 Oakland Street, spoke in opposition to the article and requested the Historic Districts Commission educate people before looking for ways to punish. 8:59 p.m. Anthony Close,pr 9, moved the question. 8:59 p.m. Following a voice vote, the Moderator declared the main question now before the meeting. 8:59 p.m. Following a voice vote the Moderator declared the motion adopted. 9:00 p.m. With more than 20 members having doubted the vote,the Moderator called for a standing vote on Article 57,tallied as follows: Precinct Yes No 1 4 11 2 6 11 3 10 9 4 14 5 5 11 7 6 11 6 7 13 5 8 7 8 9 13 7 At Large 7 1 TOTAL 96 70 9:03 p.m. More than the required majority, the Moderator declared the motion adopted. ARTICLE 58: ACCEPT SECTIONS 42A-42F OF CH.40 AND 16A-16F OF CH.83 OF THE M.G.L. 9:05 p.m. Presented by Selectman Elizabeth Eddison. MOTION: That the town accept Sections 42A to 42F of Chapter 40 and Sections 16A to 16F of Chapter 83 of the Massachusetts General Laws. 9:05 p.m. Mrs.Eddison explained the need to adopt the state statutes relating to water and sewer liens. 9.05 p.m. Sam Silverman, pr.5, questioned why we need to re-confirm the town's acceptance. 9:05 p.m. Town Counsel Norman Cohen explained we need to accept all of the statutes. 423 Adjourned Session—1998 Annual Town Meeting, cont. .. —April 8, 1998 9:06 p.m. Michael Schroeder,pr.9,questioned what was being asked. 9:06 p.m. Sheldon Spector,pr.6,moved the question. 9:06 p.m. Following a voice vote,the Moderator declared the motion adopted unanimously. II ARTICLE 59: ACCEPT AND ABANDON DRAINAGE EASEMENT— { GRASSLAND STREET 9:07 p.m. Presented by Selectman Daniel P. Busa, Jr. MOTION: That the Board of Selectmen be authorized to abandon a drainage easement shown on Land Court Plan 19485G and located on Lots 242 and 243 on Assessor's Property Map 25 in exchange for a drainage easement located elsewhere on the lot known as and numbered 27 Grassland Street. 9:07 p.m. Mr. Busa explained the current status of the drainage easement and need for adoption of the motion. 9:09 p.m. Following a voice vote,the Moderator declared the motion adopted unanimously. ARTICLE 60: REGIONAL INTERGOVERNMENTAL AGREEMENT- HAZARDOUS WASTE 9:10 p.m. Presented by Selectman Jeanne Krieger. MOTION: That the Town vote to approve an intermunicipal agreement with surrounding municipalities pursuant to Section 4A of chapter 40 of the Massachusetts General Laws relating to the collection and disposal of household hazardous waste products. 9:10 p.m. Mrs. Krieger explained the purpose for and the establishing of a permanent regional hazardous waste collection site at the Hartwell Avenue landfill facility, explaining that the original collection held 16 years ago in Lexington was begun by the League of Women voters. A $164,000 grant has been obtained from the State for construction of the facility at Hartwell Avenue. Mrs. Krieger reported the Board of Selectmen recommends approval. 9:12 p.m. Richard Michelson, pr.8, questioned the cost to the town and the placement location and possible impact on construction of a DPW r-- facility if it were to be sited at Hartwell Avenue. 9:13 p.m. DPW Director George Woodbury reported that the town has a $30,000 commitment to the project and that the facility is not fixed to the site but is moveable. 9:14 p.m. Dawn McKenna,pr.9,questioned potential locations if the site were to be moved. Mr. Woodbury explained it would be moveable within the Hartwell Avenue site Ms. McKenna further questioned if the site would support a new DPW facility and recycling and are the uses compatible. Mr Woodbury explained the current DPW facility is sited on approximately 7 acres and the Hartwell Avenue facility on approximately 19%2 acres. Current recycling is conducted at the Bedford Street DPW facility. 424 Adjourned Session— 1998 Annual Town Meeting, cont... —April 8, 1998 9:15 p.m. Sam Silverman, pr.5, questioned the period of time covered by the agreement with the state, commitments from the town, and future impact. DPW Director George Woodbury explained the state requests a minimum commitment of 3 years but the contract will be yearly. 9:16 p.m. Town Manager Richard White explained the state grant provides the town with an infrastructure to store hazardous materials on a long- term basis and may provide an opportunity to expand operations and allow people to drop off materials on an ongoing basis. Provisions of the law require approval of any inter-governmental agreements. 9:20 p.m. Sam Silverman,pr.5, further questioned it the plans are a done-deed in final form with town meeting approval. Mr. Woodbury further explained the benefit to Lexington. 9:21 p.m. Sam Silverman,pr.5, commented on that being voted. 9:22 p.m. Joel Adler, pr.1, stated concerns on siting of the facility at Hartwell Avenue and on traffic issues. Mr. Adler questioned how much work will be done gratis by town employees. Mr. Woodbury explained the site will be operated under contract. 9:25 p.m. Richard Eurich, pr.3, expressed concern that town meeting is being requested to approve an agreement about which it is not informed. Mr. Eurich moved postponement until so informed. 9:26 p.m. Following a voice vote, the Moderator declared the motion to postpone not adopted. 9:26 p.m. David Kanter,pr.7,questioned a possible conflict with capping efforts at Hartwell Avenue. George Woodbury explained accommodations had been made. 9:27 p.m. Nancy Cannalonga,pr.3, questioned any benefits this project would have for Lexington and, inquired about the duration of hazardous waste storage on-site. Mr. Woodbury explained that items could be kept on-site for a maximum of 90 days. 9:29 p.m. Nancy Cannalonga,pr.3, stated the only benefit she saw is that hours of operation would be expanded. She urged defeat of the motion. 9:29 p.m. Cynthia Blumsack, pr.6, requested clarification on the containment methods to be used and anticipated revenue from other towns. Mr. Woodbury explained containment design and anticipated revenue. 9:30 p.m. Paul Lapointe, pr.l, speaking on behalf of the Appropriation Committee,stated unanimous support of the Committee,recognizing the benefits of increased access by citizens and opportunities to defray costs. 9:31 p.m. Elaine Dratch,pr.5, questioned the amount of contributions and the manner by which the waste is to be received from other communities. Mr. Woodbury explained anticipated revenue. 9:35 p.m. George Burnell, pr.7, moved the question. 9:35 p.m. Following a voice vote,the Moderator declared the main motion now before the meeting. 425 Adjourned Session— 1998 Annual Town Meeting, cont —April 8, 1998 9:35 p.m. Following a voice vote,the Moderator declared the motion adopted. 9:35 p.m. Nancy Cannalonga,pr.3, served notice of reconsideration of Article 60. ARTICLE 47: AMEND ARTICLE XXVI OF GENERAL BY-LAWS, HUNTING AND TRAPPING 9:36 p.m. Presented by Ephraim Weiss,pr.5. CI) MOTION: Article XXVI of the General By-Laws be amended by adding a new Section 3A thereto as set forth in the article. � I "3A No person shall hunt,trap or shoot on Town owned land without permission of the Board of Selectmen" o co Mr. Weiss,on behalf of Rosemary H. Green,presented the article and oexpressed concerns of hunters on town-owned land. v N 9:37 p.m. Selectman Dan Fenn reported unanimous support of the Board of o Selectmen. P.. ca 9:38 p.m. Joyce Miller, Conservation Commission,reported unanimous support of the Commission on this article. 9:39 p.m. Anne Ripley,pr.6, proposed to amend the motion as follows: MOTION: That the motion under Article 47 be amended to delete the word"trap". Ms. Ripley explained her reasoning for deleting trapping from the original motion. 9:43 p.m. Frank Sandy,pr.6,explained that the Selectmen can approve trapping on public land under the article if so needed. 9:44 p.m. Joel Adler,pr.1,explained he believed trapping may be necessary due to beaver problems. He supported the amendment. 9:45 p.m. Scott Burson, pr.4, spoke in opposition to the amendment. 9:45 p.m. Thomas Diaz,pr.2, questioned if this was a friendly amendment the meeting should move on. 9:45 p.m. Martin Long, pr.6, stated any safety issues would not be with legal traps and spoke in support of the amendment. 9:45 p.m. Bruce Collier,pr.3, supported the amendment. 9:47 p.m. Sheldon Spector,pr 6, moved the question on the amendment. 9:47 p.m. Following a voice vote;the Moderator declared the amendment before the meeting. 9:47 p.m. Anne Ripley, pr.6, spoke in favor of the person proposing the amendment. 9:48 p.m. Following a voice vote, the Moderator declared the amendment by Anne Ripley not adopted. 4.26 Adjourned Session—1998 Annual Town Meeting, cont. —April 8, 1998 9:49 p.m. James Wood, pr.7, spoke in opposition to the article and on the hardship it would create. He viewed the article redundant with state licensing requirements. 9:52 p.m. David Kanter,pr.7,moved the question. 9:52 p.m. Following a voice vote, the Moderator declared the main motion before the meeting. 9:52 p.m. Following a voice vote, the Moderator declared the main motion adopted. 9:53 p.m. Peter Enrich, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Monday,April 13, 1998 at 8:00 p.m.,at Cary Memorial Hall. Adopted by voice vote. 9.53 p.m. A true copy. Attest: v F PA\ Donna M. Hooper, Tows Clerk 427 ADJOURNED SESSION—1998 ANNUAL TOWN MEETING APRIL 13, 1998 The April 13, 1998 Adjourned Session of the 1998 Annual Town Meeting was called to order by Moderator Margery M. Battin,at 8:05 p.m., in Cary Memorial Hall. A quorum of 182 members was present. 8:06 p.m. The Moderator declared a recess. Selectman Daniel P. Busa, Jr. made a presentation to Lexington resident and U.S. Women's 1998 Olympic Ice Hockey Gold Medallist Vicki Movsessian. Mr. Busa presented Ms. Movsessian a flag flown over the battle green, banners, and read the following.Selectmen's Proclamation PROCLAMATION The Board of Selectmen of the Town of Lexington hereby recognize and honor Lexington's own Olympic hero: Vicki Movsessian Whereas. Vicki is a life long resident of Lexington and the youngest of three children of Frances Movsessian and the late Lawrence Movsessian,and Whereas: Vicki began her journey towards Olympic glory at the age of 6 playing hockey for the Lexington/Bedford Youth Hockey League,and Whereas Vicki is a magna cum laude graduate of Providence College while at the same time earning Eastern Collegiate Athletic Conference All Star designation in years 1992, 1993,and 1994,and Whereas. Vicki is a five time member of the United States Women's National Hockey Team, and Whereas. Vicki was named an All-American Hockey scholar in 1994 and was named to the r"--' New England Hockey Writers All-Star Team,and Whereas. Vicki as a member of Team USA,earned silver medals in the 1994 and 1997 World Championships,and Whereas. Vicki was a key member of the USA Olympic Hockey Team,scoring a goal in the USA/Finland game and playing strong solid hockey throughout the Olympics,and Whereas. Vicki won a Gold Medal for her efforts in the first ever Women's Olympic Hockey competition. Now, therefore, we the Board of Selectmen of Lexington, do hereby congratulate Vicki Movsessian on her accomplishments as student,student-athlete and as a Gold Medal Olympian at Nagano,Japan,and together with all of Lexington's citizens and those of Massachusetts and the United States,we congratulate Vicki for her achievements and thank her for sharing her feats of glory with the citizens of her home town. /s/ Peter D Enrich /s/ Dan H.Fenn.Jr /s/ Daniel P Busa.Jr /s/ Elizabeth B.Eddison /s/ Jeanne Krieger Selectmen of Lexington fl Representative Jay Kaufman presented Ms. Movsessian with a Proclamation from The General Court of Massachusetts. 8:17 p.m. The Moderator called the meeting to order and presented a brief update on plans for the evening, expecting to take up Article 4, and explaining procedures for voting on Article 4. 8:18 p.m. The Moderator declared the meeting open under Article 2. 428 Adjourned Session—1998 Annual Town Meeting, cont. . —April 13, 1998 ARTICLE 2: REPORTS OF COMMITTEES 8:19 p.m. Town Manager Richard White reported on the Operating Budget for FY99. 8:35 p.m. William Kennedy, Chairman of Capital Expenditures Committee, moved that the report of the Capital Expenditures Committee be accepted and placed on file. Following a unanimous voice vote,the Moderator declared the report to have been accepted and placed on file. Mr. Kennedy summarized the report of the Committee. 8:39 p.m. Paul Lapointe,Chairman of the Appropriation Committee,announced the Town's receipt of the Distinguished Budget Presentation Award presented by the Government Finance Office for budget document, the Town's second award for distinguished budget presentation award. Mr. Lapointe recognized Town Manager Richard White and staff for production of the document. Paul Lapointe, Chairman of the Appropriation Committee, moved that the report of the Appropriation Committee be accepted and placed on file. Following a unanimous voice vote,the Moderator declared the report to have been accepted and placed on file. Mr. Lapointe presented a brief overview of critical financial issues confronting the Town, including: Capital Budgeting, Financial Reserves, Special Education, and Enterprise Funds. ARTICLE 4: OPERATING BUDGET 8:55 p.m. Presented by Selectman Peter Enrich. MOTION: That the following amounts be appropriated for the ensuing fiscal year and be raised in the tax levy except where a transfer is indicated they shall be provided by such a transfer. 8:57 p.m. The Moderator recognized Superintendent of Schools Dr Jeffrey Young for a school budget overview and presentation on FY99 budget priorities. 9:16 p.m. Perry Pollins,pr.5, spoke on taxation and cost of public education. 9:20 p.m. Sheldon Spector, pr 6, questioned Paul Lapointe, Appropriation Committee,on the estimated shortage in the FY98 Special Education budget and how the estimated shortage amount was derived. Mr.Lapointe explained the Appropriation Committee Report focuses on the cost of Special Education tutors and other indicators. Mr. Spector then questioned Dr Young on the large increase in anticipated fee revenue. Dr. Young explained the line item now includes multiple fees. 9:24 p.m. David Kanter, pr.7, explained he remains concerned on the absence of a resolution on Special Education expenses and a commitment to resolve the funding source. 429 Adjourned Session—1998 Annual Town Meeting, cont... —April 13, 1998 9:25 p.m. Paul Lapointe explained that the Superintendent and Appropriation Committee are working on this problem and propose to return to town meeting with a plan on handling the cost of special education. 9:27 p.m. Dr. Young stated his agreement with Mr. Lapointe and that the School Department agrees to monitor the expenses as closely as possible and is doing the best possible based upon what is know Dr. Young supports a contingency fund for special education expenses. 9:28 p.m. David Kanter,pr.7,stated his concern about proceeding forward at this time with a known$300,000 special education shortfall. 9:28 p.m. Bruce Collier,pr.3,supported the town moving toward a rational basis of projecting special education costs. 9:30 p.m. Albert Zabin,pr.1,commented on Mr.Pollins' remarks and reviewed the school budget process. 9:33 p.m. Perry Pollins,pr.5,responded to Mr.Zabin's comments and taxpayer considerations. Education 1100 Lexington Public Schools $45,374,378 (And further that the School Department is authorized to enter into equipment lease/purchase agreements from time to time provided that each such agreement is subject to annual appropriations.) 1200 Minuteman Regional School 725,557 9:34 p.m. Jane Pagett, Lexington's representative to the Minuteman Regional School School Committee, reviewed the development of the Minuteman school over time and presented information on district enrollment vs. out of district enrollment. Ms. Pagett, with the assistance of a fellow school committee member Paul Schlichtman from Arlington, recommended approval of the requested budget but also expressed a need to send a message to Minuteman that the proposed budget is not acceptable. 9:47 p.m. Ephraim Weiss, pr.5, questioned who decides the various tuition levels. Ms. Pagett explained that the"choice"tuition is set by the State and others are negotiated between the superintendents for out-of-district tuition. 9:50 p.m. Ephraim Weiss,pr.5, questioned if the Minuteman school committee had any fiscal authority over the tuition decisions made by the Superintendent. Ms. Pagett explained that the school committee did have authority. 9:51 p.m. Nyles Barnert,pr.4, clarified the compromise for the out-of-district agreement made for Watertown. 9:51 p.m. Paul Lapointe, Appropriation Committee, explained that the Committee is challenged with how to send a message to Minuteman and moved the following substitute motion: SUBSTITUTE MOTION: That the following amounts be Appropriated for the ensuing fiscal year and be raised in the tax levy: 1210 Minuteman Regional Enrollment Assessment $672,169 1220 Minuteman Regional Middle School Technology Program 53,387 Total $725,556 Further,that this Town Meeting hereby rejects the FY1998-99 Minuteman Budget and the enrollment assessment for Lexington adopted by the Minuteman School Committee. 1 430 Adjourned Session—1998 Annual Town Meeting, cont. .. —April 13, 1998 9:53 p.m. Mr. Lapointe explained that although some progress had been made, fundamental issues remain unchanged. He reiterated the concerns with Minuteman operations,budget policies, inequities in the assessment process, and the need to send a message. 9:57 p.m. Jane Pagett commented that the motion is largely symbolic, that a message needs to be sent to Minuteman and that she would support the motion if the Board of Selectmen is committed to help to work with the other regional towns to look at the objections and how changes may be made. --.� 9:58 p.m. Selectman Chairman Peter Enrich expressed his gratitude to Mrs. Pagett for the work she has done on the Minuteman School Committee and for the close attention of the Appropriation Committee. Mr. Enrich commented that addressing the issue correctly is an extraordinarily complex challenge and that the Board of Selectmen stands prepared to engage in this issue, and that the Board supports the substitute motion and values the judgement of Mrs. Pagett and of the Appropriation Committee. 10:00 p.m. Nyles Barnert, pr.4, questioned Finance Director John Ryan on the fund balance. Mr. Barnert stated his opposition to the amendment. 10:02 p.m. Neal Boyle,pr 7, stated his opposition to the amendment, stating that it is simply a slap on the wrist and that a strong message needs to be sent to Minuteman. 10:04 p.m. Andrew Friedlich,pr.5, explained prior action taken by the Town Meeting Members Association executive committee in sending a letter to the Board of Selectmen requesting they contact area towns to address the issue. The Board made a commitment to do so. Mr. Friedlich spoke in favor of the amendment. 10:04 p.m. Marsha Byrnes,pr.5, spoke in favor. 10:06 p.m. Dawn McKenna,pr.9, speaking as Chairman of the Town Meeting Members Association, spoke on the inherent conflict of interest as Town Counsel Norman Cohen also represents Minuteman. Ms. McKenna, as an individual, spoke of her support of the amendment but also addressed issues with Minuteman not posting meetings with the Town Clerk. 10:09 p.m. Bruce Collier,pr.3, commented that the amendment is symbolically helpful and urged support. 10:11 p.m. Sam Silverman,pr.5, spoke in favor of the substitute motion but questioned its exact purpose and if this motion"has teeth to it". Paul Lapointe, Appropriation Committee, stated that anything less than requested funding is a formal rejection of the budget as proposed and that as one of the earlier town meetings of the district towns that we will be tracking the action of the others. 10:13 p.m. Jane Pagett explained the unlikelihood that we can garner enough support of the 5 other towns. 10:13 p.m. Sam Silverman,pr.5, questioned the representative form Arlington as to how he feels about such a motion. Mr. Schlichtman of Arlington explained his uncertainty as to how Arlington town meeting will act. 431 Adjourned Session—1998 Annual Town Meeting, cont. . —April 13, 1998 10:15 p.m. David Kanter,pr.7, questioned the consequences of this vote on the Minuteman budgetand the statutory assessment. 10:15 p.m. Paul Lapointe explained his sense on the authority of Minuteman. 10:16 p.m. Robert Rotberg,pr.3, questioned other available options. 10:16 p.m. Jane Pagett explained that one option would be to decline to pay the assessment. 10:17 p.m. Paul Lapointe explained that this is a complex problem needing state legislation to address the choice tuition and Education Reform legislation to address minimum contributions of member towns. Other options include efforts to de-regionalize and re- regionalize from scratch. 10:19 p.m. Alan Lazarus,pr. 6, requested a point of information, questioning what happens if the substitute motion is passed. How is it paid? 10:20 p.m. Town Counsel Norman Cohen explained that passage would indicate the Town of Lexington has rejected the Minuteman budget. If the 5 other towns don't also reject the budget then Lexington will be required to pay its total assessment, requiring $1 additional. 10:21 p.m. Robert Rotberg,pr.3, questioned what the Selectmen will do with the other member towns. 10:22 p.m. Selectman Peter Enrich explained that former Selectman Chairman Leo McSweeney had made inquiries with the other towns and the Board of Selectmen will continue to do so, as well as to address the Minuteman School Committee and to consider state legislation. 10:23 p.m. After a voice vote,the Moderator declared the amendment adopted and that the motion as amended was now before the meeting. 10:24 p.m. Sheldon Spector,pr.6, questioned Town Counsel Norman Cohen on the request of get out of the Minuteman district. Mr. Cohen explained the process and of the need for the 16 member towns to vote at each respective town meeting to approve Lexington's withdrawal. 10:25 p.m. Bruce Collier,pr.3, questioned the Minuteman district enrollment and the one town one vote representation regardless of enrollment. 10:28 p.m. Ira Bernstein,pr.2, suggested a greater impact would be made if r-- more town meeting members were to attend the next Minuteman school committee meeting to make their voices heard. 10:30 p.m. Frank Sandy,pr.6, stated the need to consider the proposed hotel development at Minuteman and of its impact on future budgets. 10:30 p.m. Jane Pagett addressed the proposed development. 10:31 p.m. Selectman Elizabeth Eddison stated that Lexington and Lincoln would be forming committees regarding the proposed expansion and the need to appear before future town meetings. 432 Adjourned Session— 1998 Annual Town Meeting, cont —April 13, 1998 Employee Benefits 2110 Contributory Retirement 3,175,219 (Of which$65,762 is to be transferred from the Water Enterprise Fund and $16,441 is to be transferred from the Sewer Enterprise Fund.) 2120 Non-Contributory Retirement 166,526 2130 Insurance 587,436 (Of which$46,995 is to be transferred from the Water Enterprise Fund, $7,749 is to be transferred from the Sewer Enterprise Fund and$56,355 is _-Th to be transferred from the Health Trust.) (and further that amounts appropriated in this article for employee health ---1 and life insurance shall be transferred to this account 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 compensation plan.) 2140 Unemployment Benefits 50,000 2150 Police/Fire Medical 53,965 Debt Service 2210 Payment on Funded Debt 2,731,000 2220 Interest on Funded Debt 479,244 2230 Temporary Borrowing 143,250 2240 Exempt Debt 1,033,500 10:33 p.m. Peter Enrich, Chairman of the Board of Selectmen,moved that the meeting be adjourned until Wednesday,April 15, 1998 at 8:00 p.m., at Cary Memorial Hall. Adopted by voice vote. 10:33 p.m. A true copy. 9 Attest: B 1 % • Donna M. Hooper, Town Clerk 433 ADJOURNED SESSION— 1998 ANNUAL TOWN MEETING APRIL 15, 1998 The April 15, 1998 Adjourned Session of the 1998 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:13 p.m., in Cary Memorial Hall. A quorum of 162 members was present. 8:13 p.m. The Moderator declared a recess. 8:14 p.m. Selectman Dan H. Fenn,Jr. made a presentation to the visitors from Gatchina,Russia. After providing a brief history on Gatchina, Mr. Fenn introduced Mr. Ed Shapiro, Chairman of the Sister City Committee. Mr. Shapiro introduced each of the five visitors and provided a brief explanation on the plans for the group during their Lexington visit. 8:20 p.m. Peter Kelley, pr.4, spoke on the upcoming Auction sponsored by the Friends of the Council on Aging,to be held on Friday evening,April 17th. Mr. Kelley invited all to attend. 8:22 p.m. The Moderator called the meeting back into session and declared the meeting open under Article 4 ARTICLE 4: OPERATING BUDGET (cont...) Operating Articles 2310 Reserve Fund 230,000 2320 Municipal Salary Adjustments 241,624 (Of which$5,966 is to be transferred from the Water Enterprise Fund and $2,798 is to be transferred from the Sewer Enterprise Fund.) (Such sum of$241,624 is appropriated 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. The amount voted is to be distributed among personal services accounts as authorized by the Board of Selectmen.) Organizational Expenses 2410 Municipal Services& Expenses Personal Services 88,344 2410 Municipal Services& Expenses 96,172 2420 Municipal Network Expenses 13,620 Community Services 3000 DPW Personal Services 3,198,793 (Of which$217,749 is to be transferred from the Water Enterprise Fund, $124,081 is to be transferred from the Sewer Enterprise Fund, $71,283 is to be transferred from the Parking Meter Fund, $100,000 is to be transferred from the Cemetery Trust Funds and$75,000 is to be transferred from the Recreation Enterprise Fund.) 8:25 p.m. Sam Silverman,pr.5, questioned the status of the municipal light plans and street lights. 8:26 p.m. George Woodbury explained that Lexington had formally completed the draft plan and provided a status update of the plan and of the street light turn-offs. 434 Adjourned Session— 1998 Annual Town Meeting, cont. . —April 15, 1998 3000 DPW General Expenses 4,282,142 (Of which $215,649 is to be transferred from the Water Enterprise Fund, $53,912 is to be transferred from the Sewer Enterprise Fund, $439,280 is to be transferred from the Recreation Enterprise Fund and $58,635 is to be transferred from the Parking Meter Fund; and provided further that the Town Manager may enter into an agreement or agreements with one or more governmental units to perform jointly with such units any service, activity or undertaking authorized by law.) —, (And further that the Town Manager is authorized to enter into communications equipment agreements, equipment lease/purchase agreements from time to time provided that each such agreement is subject to annual appropriations.) (And in addition that$75,000 of expenses for the sale of burial containers and biodegradable bags be funded by the receipt of$75,000 in anticipated revenues, and that the surplus from FY97 in the amount of$59,921.08 may be closed to the General Fund.) (And in addition State/Federal Grants, site generated revenue and/or refuse stabilization funds as permitted under existing agreements may be used to meet Division of Environmental Protection guidelines at the Hartwell Avenue landfill site.) (And to permit the Town to enter into agreements with either private or public entities in order to enhance public services, increase revenue, improve efficiency, or save money to the benefit of the Town.) 3600 Transportation Personal Services 52,673 3600 Transportation Expenses 183,609 (Of which$80,000 is to be transferred from the Parking Meter Fund.) 3700 Water Department 3,995,622 (And that to raise such amount$3,995,622 be transferred from the Water Enterprise Fund.) 3800 Sewer Department 6,797,629 (And that to raise such amount$6,797,629 be transferred from the Sewer Enterprise Fund.) 8:30 p.m. Peter Kelley,pr.4, in an effort to stop the payment in lieu of taxes (PILOT) from the Sewer Enterprise Fund, moved the following amendment: MOTION: That under line item 3800 Sewer Department that the sum of $6,797,629 be replaced with the sum of$6,547,629. 8:30 p.m. Mr. Kelley explained the reasoning for his amendment and for the elimination of the payment in lieu of taxes from the Sewer Enterprise Fund beginning with the FY99 budget. 8:35 p.m. Eric Michelson,pr.1, spoke in support of the amendment. 8:39 p.m. Selectman Jeanne Krieger, reported that the majority of the Board of Selectmen are opposed to the amendment. 8:41 p.m. Alan Levine, Appropriation Committee,reported that 5 members are opposed to the amendment and 4 in favor and that the P.I.L.O.T.S. need more work and thinking for justification. 8:46 p.m. Roger Borghesani,presenting the minority report for the Appropriation Committee, spoke in favor of the amendment. 8:47 p.m. Selectman Dan Fenn presented the minority report for the Selectmen and explained their quandary of what to do at this late stage of the budget process. Mr. Fenn explained the opposition to taking the $250,000 from free cash or elsewhere. 435 Adjourned Session— 1998 Annual Town Meeting, cont... —Apri115, 1998 8:52 p.m. Selectman Dan Fenn presented a resolution designed to hold this year's budget harmless, and moved the following substitute amendment under line item 3800: SUBSTITUTE AMENDMENT: Resolved that the 1998 Annual Town Meeting expresses its strong and considered view that the Town Budget should not be financed r-- with Payment in Lieu of Taxes(PILOTS)from the Water and Sewer Enterprise Funds; and further that the Sewer PILOTS should not be used for the FY2000 and subsequent budgets and that the Water PILOTS should be phased out as soon as practical. 8:52 p.m. Mr. Fenn further provided justification for his substitute amendment. 8:55 p.m. Selectman Jeanne Krieger reported the majority of the Board of Selectmen oppose the substitute amendment. 8:56 p.m. Roger Borghesani,Appropriation Committee,reported 5 members of the Committee are in favor of the substitute amendment and 3 opposed. 8:57 p.m. Alan Levine reported a minority of 3 members of the Appropriation Committee are opposed to the substitute amendment, explaining that it is not conclusive yet whether PILOTS should be at all supported. 8:58 p.m. Selectman Daniel P. Busa,Jr. rose in opposition to the substitute motion and in favor of Mr. Kelley's amendment. L 9:00 p.m. Bruce Collier,pr.3, spoke on the amendment. 9:03 p.m. Fred Rosenberg,pr.9, speaking on behalf of the School Committee, reported the Committee's unanimous opposition to the Kelley amendment. Mr. Rosenberg questioned Mr. Fenn on plans for covering next year's expenses. Mr. Fenn explained the wording of his amendment. 9:07 p.m. Richard Michelson,pr.8, spoke in opposition to Mr. Fenn's substitute amendment, stating that it was"toothless". 9:08 p.m. Peter Kelley,pr.4, spoke in opposition to the substitute amendment made by Mr. Fenn. 9:11 p.m. Paul Chemick,pr.6, spoke in opposition to both the Fenn and Kelley amendments, stating he found PILOTS to be the logical and prudent thing to do. 9:13 p.m. Peter Diamond,pr.6, spoke in opposition to the Fenn and Kelley amendments and of a need to have more discussion and study before establishing a policy. 9:15 p.m. Robert Cohen,pr.3, spoke in opposition to the Fenn amendment and in favor of the Kelley amendment. 9:17 p.m. David Kaufman,pr.6, spoke in opposition to both amendments. 9:19 p.m. Martin Long,pr.6, spoke in support of the Fenn amendment and in opposition to continuing PILOTS. 436 Adjourned Session—1998 Annual Town Meeting, cont —April 15, 1998 9:20 p.m. Albert Zabin,pr.1, expressed a need for more debate and moved to extend debate until 9.30. 9:20 p.m. Following a voice vote,the Moderator declared the motion not adopted. 9:21 p.m. Albert Zabin,pr.l,recommended the PILOT be voted upon annually. 9:22 p.m. Following a voice vote the Moderator declared the substitute amendment not adopted. 9:24 p.m. The Moderator declared Mr. Kelley's amendment before the meeting. 9:24 p.m. Charles Hornig,pr.8, questioned Mr. Kelley on his position on the Water PILOT. Mr. Kelley explained he didn't address the Water PILOT as most are not yet aware of it. 9:27 p.m. Joel Adler,pr.1, rose in favor of Mr. Kelley's amendment and against PILOTS. 9.28 p.m. David Kanter,pr.7, spoke in support. 9:29 p.m. David Rudner,pr.2, spoke in opposition. 9:30 p.m. Thomas Diaz,pr.2, spoke in opposition. 9:31 p.m. Susan Elberger,pr.9, spoke in opposition. 9:32 p.m. Dawn McKenna,pr.9, opposed the amendment. 9:33 p.m. Robert Cohen,pr.3, moved that debate be extended for an additional 7 V2 minutes. 9:33 p.m. Following a voice vote, the Moderator declared the motion adopted and debate extended 7 %2 minutes. 9:34 p.m. Robert Cohen,pr.3, spoke in support of the amendment and called for a roll call vote when the vote is taken. 9:35 p.m. With less than the necessary 50 persons having risen in support, the Moderator declared a rollcall vote not in order. 9:35 p.m. Andrew Friedlich,pr.5, addressed difficulties with the budget process and questioned the amendment sponsors if cuts or an override were to be proposed. 9:37 p.m. Peter Kelley stated he is not opposed to an override but doesn't favor one for$250,000. 9:39 p.m. George Burnell, pr.7, spoke in support of the amendment based upon the use and explanation of the Selectmen and the ability to adjust a$250,000 budget. 9:40 p.m. Sheldon Spector,pr.6,moved to extend the debate 10 minutes. 9:40 p.m. Following a voice vote,the Moderator declared the motion not adopted. 9:41 p.m. Sheldon Spector, pr.6,moved the question. 9:41 p.m. Following a voice vote,the Moderator declared the question on the amendment now before the meeting. 9:41 p.m. Peter Kelley, pr.4, summarized his issues and requested a roll call vote on the issue. The Moderator ruled the request for a roll call not in order as she has called the question. 437 Adjourned Session—1998 Annual Town Meeting, cont.. —April 15, 1998 9:44 p.m. The Moderator called for a standing vote on the amendment by Mr. Kelley,tallied as follows: Precinct Yes No 1 12 7 2 7 9 3 8 10 4 4 10 5 6 9 6 0 16 7 6 9 8 7 10 9 4 10 At Large 6 10 TOTAL 60 100 Less than the required majority,the amendment was not adopted. 9:46 p.m. Public Safety 4100 Law Enforcement Personal Services 3,598,061 (Of which$167,082 is to be transferred from the Parking Meter Fund.) 4100 Law Enforcement Expenses 358,346 (Of which$23,000 is to be transferred from the Parking Meter Fund.) 4200 Fire Department Personal Services 3,037,999 4200 Fire Department Expenses 271,992 r-- Culture and Recreation 5100 Library Personal Services 1,077,149 5100 Library Expenses 238,793 5200 Recreation Department 678,513 (And to raise such amount$678,513 be transferred from the Recreation Enterprise Fund.) Social Services 6100 Council on Aging Personal Services 159,449 6100 Council on Aging Expenses 156,190 6210 Veterans Administration Personal Services 27,821 6210 Veterans Expenses 29,913 6220 Services for Youth 71,929 6230 Services to Developmentally Disabled 13,580 Insnectional Services/Community Develonment 7100 Inspectional Services Personal Services 512,905 7100 Inspectional Services Expenses 48,252 7200 Planning Personal Services 137,754 7200 Planning Expenses 7,000 General Government 8110 Board of Selectmen Administration Personal Services 53,767 (Of which$2,732 is to be transferred from the Water Enterprise Fund and $683 is to be transferred from the Sewer Enterprise Fund.) 8110 Board of Selectmen Administration Expenses 77,829 8120 Legal Fees & Expenses 211,150 8130 Town Report 6,000 8200 Town Manager Personal Services 285,668 (Of which$36,200 is to be transferred from the Water Enterprise Fund and $9,050 is to be transferred from the Sewer Enterprise Fund.) 8200 Town Manager Expenses 16,000 438 Adjourned Session—1998 Annual Town Meeting, cont . —April 15, 1998 Town Committees 8310 Appropriation Committee Expenses 850 8320 Miscellaneous Boards& Committees Expenses 8,755 8330 Public Celebrations 18,000 Finance 8400 Finance Personal Services 828,499 (Of which$202,984 is to be transferred from the Water Enterprise Fund and $50,745 is to be transferred from the Sewer Enterprise Fund.) 8400 Finance Expenses 313,182 .� (And in addition that$7,500 of expenses generated from enrollment in the Flexible Spending Plan be funded by the receipt of$7,500 in anticipated revenues.) (And further that the Treasurer and Collector is hereby authorized to enter into compensating balance agreements during fiscal years 1998, 1999 and 2000, as permitted by General Laws Chapter 44, Section 53F.) Town Clerk 8500 Town Clerk Personal Services 138,749 8500 Town Clerk Expenses 35,071 8530 Elections Personal Services 60,000 8530 Elections Expenses 25,700 9:51 p.m. Following a voice vote at 9:51 p.m.,the Moderator declared the motion adopted. 9:51 p.m. Paul Lapointe,Appropriation Committee, served notice of reconsideration on Article 4. ARTICLE 5: SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR(FY98) 9:52 p.m. Presented by Selectman Peter Enrich. MOTION: That the following sums be appropriated to the current fiscal year's budget: $12,000 to Line Item 6100 Council on Aging Personal Services and that such amount be transferred from Line Item 6100 Council on Aging Expenses; $29,000 to Line Item 3000 DPW Personal Services and that such amount be transferred from Line Item 3000 DPW General Expenses; $717,977 to Line Item 1100 Lexington Public Schools of which$650,977 be transferred from the Unreserved Fund Balance and $67,000 be transferred from receipts reserved for appropriation; $100,000 to Line Item 4200 Fire Department Personal Services and that such amount be transferred from receipts reserved for appropriation. 9:52 p.m. The Moderator recognized School Committee member Susan Elberger to explain the school needs. 9:53 p.m. Paul Lapointe, Appropriation Committee, reported unanimous support of the Committee for this article. 9.54 p.m. Sheldon Spector,pr 6, questioned Ms. Elberger on the needs of the school. Superintendent Young explained the request. 9:59 p.m. Paul Lapointe,Appropriation Committee, referred to page 7 of the Committee's report which includes detail from Ms. Guryan's assessment of expenses at the end of February. 439 Adjourned Session— 1998 Annual Town Meeting, cont.. —April 15, 1998 10:00 p.m. Ephraim Weiss,pr.5, commented on how much town meeting is falling behind in supporting the town's infrastructure. 10:02 p.m. Town Manager Richard White addressed the transfer of$12,000 from expenses to personal services and the contracting out vs. in-house performance of some tasks. 10:02 p.m. Robert Rotberg,pr.3 went on record with the Town Clerk that he will be abstaining from voting on this article. 10:04 p.m. Dawn McKenna,pr.9, questioned the$100,000 for Fire Department Personal Services and how this is to be avoided in the future. Selectman Enrich reported that the$100,000 is a staffing overtime issue which has been accommodated in the FY99 budget. 10:06 p.m. Elaine Dratch, pr.5, questioned Dr. Young on the recently defeated state legislation on special education and any potential savings for the town had the legislation been adopted. Dr. young responded that it is impossible to predict possible savings as the proposed legislation was not specific enough but does not believe any significant changes would have occurred. Dr. Young reported that the School Committee had taken no formal vote on the legislation but it was his sense that the legislation had a lot of merit. 10:08 p.m. David Kanter,pr.7, questioned the proper version of the Article 5 motion. 10:09 p.m. Michael Schroeder,pr.9, questioned the source of funds for the $100,000 for the Fire Department. 10:09 p.m. Selectman Enrich clarified the funds weie from the lottery revenue distribution. 10:11 p.m. Following a voice vote,the Moderator declared the motion adopted. ARTICLE 6: PRIOR YEARS' UNPAID BILLS 10:12 p.m. Presented by Selectman Daniel P. Busa, Jr. MOTION: That the sum of$7,500 be appropriated to pay prior years' school bills and that such amount be transferred from the Unreserved Fund Balance. 10:12 p.m. Mr. Busa explained this article funded FY97 and prior year's unpaid bills. This request is for unpaid school department bills. Mr. Busa reported that the Selectmen recommend approval. 10:13 p.m. Paul Lapointe,Appropriation Committee,reported the Committee's unanimous support. I 10:13 p.m. Fred Rosenberg, School Committee, reported support of the Committee. 10:13 p.m. Ephraim Weiss,pr.5,questioned if free cash was the source for funding. 10:13 p.m. Following a voice vote,the Moderator declared the motion unanimously adopted. 440 Adjourned Session— 1998 Annual Town Meeting, cont.. —April 15, 1998 ARTICLE 8: WATER MAINS 10:13 p.m. Presented by Selectman Daniel P. Busa,Jr. MOTION: That the Selectmen be and they hereby are authorized to install new or replacement water mains and line and reline 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 --J interest in land necessary therefor; to appropriate $300,000 for such installation and lining and land acquisition; and to raise such amount $300,000 be transferred from the Water Enterprise Fund; and to authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid for such water projects. 10:13 p.m. Selectman Busa explained the project,that it was the 15th of a 21 phase program, and that the Selectmen recommended approval. 10:14 p.m. Charles Hornig reported the Capital Expenditures Committee unanimously recommended approval of this article. 10:15 p.m. Paul Lapointe reported the Appropriation Committee unanimously supports the article. 10:16 p.m. David Rudner, pr.2, stated his support of the article and complimented the Department of Public Works staff. r 10:17 p.m. Ephraim Weiss,pr.5, questioned payments on repairs to streets. Mr. Busa explained the street repairs are included in the cost of the project. 10:19 p.m. John Hayward called the question. 10:19 p.m. Following a voice vote,the Moderator declared the main motion now before the meeting. 10:20 p.m. Following a voice vote,the Moderator declared the motion adopted. 10:20 p.m. William Kennedy, Capital Expenditures Committee, served notice of reconsideration on Article 8. ARTICLE 9: SANITARY SEWERS 10:20 p.m. Presented by Selectman Daniel P. Busa, Jr. MOTION: That the Selectmen be and they hereby are authorized 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 amendment thereof, or otherwise, and to take by eminent domain,purchase or otherwise acquire any fee, easement or other interest in land necessary therefor;to appropriate for such installation and land acquisition the sum of$560,000 and to raise such amount the Treasurer with the approval of the Board of Selectmen is authorized to borrow$560,000 under G.L. Chapter 44 §7(1); and to authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid for such sewer projects. 10:20 p.m. William Kennedy, Capital Expenditures Committee, served Notice of Reconsideration on Article 8. 441 Adjourned Session— 1998 Annual Town Meeting, cont.. —April 15, 1998 10:20 p.m. Charles Hornig, Capital Expenditures Committee,reported the Committee's unanimous support of Article 9. 10:21 p.m. Paul Lapointe,Appropriation Committee, reported the Committee's unanimous support of Article 9. 10:22 p.m. David Kanter, pr.7, questioned the betterment assessment and how it relates to assessments of other towns. 10:23 p.m. Town Engineer Francis Fields reported the recovery rate for last year's Phase I,voted by the Selectmen,was 50%and consistent with other communities. 10:24 p.m. Selectman Busa presented the explanation on the article and reported the Selectmen's recommended approval of Article 9. 10:25 p.m.. Following a voice vote,the Moderator declared the motion unanimously adopted. 10:25 p.m. William Kennedy, Capital Expenditures Committee, served Notice of Reconsideration on Article 9. ARTICLE 10: SEWER RELATED REHABILITATION PROGRAM (I & I) 10:26 p.m. Presented by Selectman Daniel P. Busa,Jr. MOTION: That$3,000,000 be appropriated to remove infiltration of ground water r-- from the sewer system; including without limitation all costs thereof as defined in Sec. 1 of Chapter 29C of the General Laws; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow$3,000,000 and issue bonds or notes therefor under Section 7(1) of Chapter 44 of the General Laws and/or Chapter 29C of the General Laws;that the Treasurer with the approval of the Board of Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts Water Resources Authority and in connection therewith to enter into a loan agreement and/or security agreement, or the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C and in connection therewith to enter into a loan agreement and/or security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the project or for the financing thereof; and that the Board of Selectmen is authorized to enter into a project regulatory agreement with the Department of Environmental Protection,to expend all funds available for the project and to take any other action necessary to carry out the project. 10:26 p.m. Selectman Busa presented the article and addressed the need for an accelerated program. Mr. Busa reported the Selectmen's recommended approval. 10:30 p.m. Charles Hornig reported the unanimous support of the Capital Expenditures Committee for this article. 10:30 p.m. Paul Lapointe,Appropriation Committee,referred to the Committee's report and request for evaluation of the project before a commitment to the $3,000,000 for the next five years. The Committee supports the article but is not necessarily buying into a five-year plan. 10:31 p.m. Neal Boyle,pr.7, questioned previous years' demonstrations using old pipes. 442 Adjourned Session—1998 Annual Town Meeting, cont... —April 15, 1998 i 10.32 p.m. Following a voice vote, the Moderator declared the motion unanimously adopted. 10:32 p.m. William Kennedy, Capital Expenditures Committee, served Notice of Reconsideration of Article 10. 10:32 p.m. Robert Whitman,pr.8,requested a point of personal privilege and questioned the possibility of having the old chalk board on display to reflect financial r--1 commitments thus far. 10:33 p.m. Peter Enrich, Chairman of the Board of Selectmen,moved that the meeting be adjourned until Monday,April 27, 1998 at 8:00 p.m.,at Cary Memorial Hall. Adopted by voice vote. 10:33 p.m. A true copy. ))1 „, A 4 Attest: '' Donna M. Hooper, To Clerk 1 1 443 ADJOURNED SESSION—1998 ANNUAL TOWN MEETING APRIL 27, 1998 The April 27, 1998 Adjourned Session of the 1998 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:10 p.m.,in Cary Memorial Hall. A quorum of 167 members was present. 8.10 p.m. The Moderator announced that articles would be taken up in order this evening except for articles 54 and 55 which would be the first order of business on Wednesday, April 29`h. The Moderator r—` explained that it was expected Indefinite Postponement would be moved on articles 12, 16, 22, 24, 27, and 31 and that the long --- standing practice of Reconsideration is for people to inform the membership at least one session prior to the meeting at which reconsideration may be moved. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS; COMMITTEES 8:14 p.m. George Woodbury, Director of Public Works, recognized the Town's custodial staff in their efforts to make Cary Hall shine. Mr. Woodbury introduced the staff who were recognized by the membership with a standing ovation. 8:15 p.m. Appropriation Committee Chairman Paul Lapointe responded to an earlier request from Robert Whitman,pr.8, for a recap on the status of Free Cash and acknowledged work done by the Board of Selectmen and School Committee, in particular Selectman Peter Enrich and School Committee member Barrie Peltz,to present a balanced budget. Mr Lapointe provided an explanation on the status of free cash along with a free cash allocation analysis. ARTICLE 11: STREET RELATED IMPROVEMENTS 8:23 p.m. Presented by Selectman Dan H. Fenn,Jr. MOTION: That the Treasurer with the approval of the Selectmen be authorized to issue Highway Reimbursement Notes of the Town under G.L. c.44, sec. 6, as amended, in anticipation of reimbursement by the Commonwealth for highway reconstruction and improvements under the authority of Chapter 90 of the General Laws as funded, and that notes issued for a shorter period than two years may be refunded by the issue of new notes maturing within two years from the date of the original obligation, and that the Selectmen are authorized to accept highway funds from all sources including the $700,000 allocated under Chapter 90 of the General Laws which are hereby appropriated for such highway purposes. Mr. Fenn explained street resurfacing needs and that the plans for this article also include costs for a traffic signal at the intersection of Bedford Street and the Minuteman Bikeway. Mr. Fenn provided an update on the status of street resurfacing and how far behind the Town is in the street resurfacing program. He also addressed the software for inventory/analysis of street needs. Mr. Fenn reported the Selectmen unanimously recommended approval. 8:30 p.m. Marita Hartshorn,Bicycle Advisory Committee, spoke in favor of the article and explained that the Committee, concerned about safety at the crossing, had advocated for the Bedford Street signal for the past two years. Ms. Hartshorn summarized reasons for support of the Minuteman Bikeway. 8:35 p.m. Charles Hornig reported the Capital Expenditures Committee unanimously recommends increasing the appropriation to $980,000, explaining the past street resurfacing under-funding, but will not be moving to amend the article. I 444 Adjourned Session—1998 Annual Town Meeting, cont.... —April 27, 1998 1 8:40 p.m. Appropriation Committee Chairman Paul Lapointe explained the Committee endorses a multi-year plan to deal with the problem but also agrees with the Selectmen's Free Cash policy, therefore the Appropriation Committee unanimously supports Article 11 as proposed. 8:41 p.m. Ephraim Weiss,pr.5, questioned the amount requested for appropriation and if the town is fully utilizing Chapter 90 funds. Mr. Fenn explained the amount is $700,000 and explained he was unaware of any year the town had not used every penny of funds available. 8:43 p.m. Ephraim Weiss,pr.5, questioned how soon a report of the analysis .� of street conditions would be available. Mr. Fenn explained that results for 1/3 of the streets is expected next year. 8:45 p.m. Sheldon Spector,pr.6, questioned the segments of Massachusetts Avenue and Waltham Street to be resurfaced,the status of street construction on upper Spring Street, status of street construction on Grant Street, pot holes, and the bicycle path signal being funded from Chapter 90 funds under Article 11. Peter Chalpin, Senior Engineer, explained Waltham St. from Marrett Road to Route 2 and Massachusetts Avenue from Woburn St. to Tower Park would be resurfaced. He also explained the status of upper Spring Street, Grant Street and potholes. 8:50 p.m. Selectman Dan Fenn explained the Selectmen feel strongly the Bedford Street light is an important safety matter and Chapter 90 is the most satisfactory method to fund it this year. 8:51 p.m. David Kanter,pr.7, questioned the right of way to bicyclists when the signal is present. Mr. Fenn explained cyclists may cross only if a light tells them they can. Mr Kanter spoke in opposition to the motion, stating the amount is inadequate. 8:53 p.m. Alan Lazarus,pr.6, commented on the poor condition of the zebra striping at the Bedford Street bikeway crossing and encouraged it be a priority for striping. 8:54 p.m. David Rudner,pr.2, questioned the software package to be used for assessment of road conditions. Public Works Director George Woodbury explained that many packages may be incorporated into the planned purchase. 8:55 p.m. David Rudner,pr.2, questioned the Capital Expenditures Committee on the cost of reconstruction vs. resurfacing. Public Works Director George Woodbury explained the difference. 8:55 p.m. David Rudner,pr.2, commented on the costs incurred by not staying on schedule with the resurfacing. 8:56 p.m. Selectman Dan Fenn explained the risks of delaying resurfacing —' but that the software package will help to assess and identify the risks for each street. 8 57 p.m. Robert Whitman,pr 8,.moved the question. 8:58 p.m. Following a voice vote the Moderator declared the main question now before the meeting. 8.58 p.m. Following a voice vote, the Moderator declared the motion adopted. 8:58 p.m. William Kennedy, Capital Expenditures Committee, served notice of reconsideration of Article 11. 445 Adjourned Session—1998 Annual Town Meeting, cont —April 27, 1998 ARTICLE 12: STREET RECONSTRUCTION 8:58 p.m. Presented by Selectman Dan H. Fenn, Jr. MOTION: That this article be indefinitely postponed. 8:59 p.m. Mr Fenn explained the purpose of moving indefinite postponement. 8:59 p.m. Charles Hornig reported the Capital Expenditures Committee unanimously recommended indefinite postponement. 8:59 p.m. Isabel Mroczkowski reported support of the Appropriation Committee for indefinite postponement. 8.59 p.m. Following a voice vote,the Moderator declared the motion adopted. ARTICLE 13: STREET ACCEPTANCE AND CONSTRUCTION 9:00 p.m. Presented by Selectman Dan H. Fenn,Jr. MOTION: To establish as Town ways and accept the layout of the following II Town ways: Butterfield Road from Maple Street westerly to the 1990 town layout of Butterfield Road; Currier Court from Webb Street to its terminus; Granger Pond Way from Lowell Street to its terminus; John Hosmer Lane from Butterfield Road to its terminus; Schoolhouse Lane from Concord Avenue to its terminus; • Sedge Road from the end of the 1961 town layout of Sedge Road 150 feet westerly. All as laid out by the Selectmen and shown upon plans on file in the office of the Town Clerk,dated November 6, 1995,August 29, 1997 and November 7, 1997, and to authorize the Selectmen to take by eminent domain,purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 9.00 p.m. Selectman Dan Fenn explained the streets to be accepted under the subdivision control law, except that the Sedge Road acceptance is due to the work to be performed by LexHab to develop the town-owned lot. 9.02 p.m. Francis X. Fields, Town Engineer, explained the process of street construction under the subdivision control, and inspection by the Engineering Department. 9:03 p.m. Selectman Dan Fenn expressed unanimous support by the Selectmen for this article and took the opportunity to also express the support and gratitude of the Selectmen to Frank Fields, in recognition of his upcoming retirement, for all he has done for the Town of Lexington over the past years. Mr Fields thanked Town Meeting and the Board of Selectmen. 9:05 p.m. John Davies, pr.4, as Vice Chairman of the Planning Board, reported the Board was unanimously in favor of the article. 9.05 p.m. John Davies moved that the report of the Planning Board on Article 13 be accepted and placed on file. Following a unanimous voice vote,the Moderator declared the report to have been accepted and placed on file. 446 Adjourned Session— 1998 Annual Town Meeting, cont . —April 27, 1998 9:05 p.m. Charles Hornig, Capital Expenditures Committee, reminded the meeting that every street acceptance makes the need for street resurfacing greater. 9:06 p.m. Following a voice vote,the Moderator declared the motion under Article 13 unanimously adopted. ARTICLE 14: PUBLIC WORKS EQUIPMENT 9:06 p.m. Presented by Selectman Jeanne Krieger. MOTION: That the sum of$364,529 be appropriated for the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works, and that to meet the appropriation$48,500 shall be transferred from the Water Enterprise Fund, $48,500 shall be transferred from the Sewer Enterprise Fund, and$267,529 shall be raised in the tax levy. 9:07 p.m. Selectman Jeanne Krieger explained the equipment replacement needs and plans and that the Selectmen recommend approval of this article. 9:08 p.m. Charles Hornig reported the Capital Expenditures Committee unanimously recommends approval. 9:08 p.m. William Kennedy, Capital Expenditures Committee, served Notice of Reconsideration on Article 13. 9:09 p.m. Ronald Colwell reported support of the Appropriation Committee for this article. 9:09 p.m. Following a voice vote, the Moderator declared the motion adopted. 9.09 p.m. William Kennedy, Capital Expenditures Committee, served Notice of Reconsideration on Article 14. ARTICLE 15: TOWN BUILDING ENVELOPE PROGRAM 9:09 p.m. Presented by Selectman Jeanne Krieger. MOTION: That the sum of $287,600 be appropriated for remodeling, reconstructing and making extraordinary repairs to Town buildings, and that such amount be raised in the tax levy. 9:09 p.m. Selectman Jeanne Krieger explained the project needs and plans for this year, reporting that the Board of Selectmen recommended approval. 9:12 p.m. Charles Hornig reported the Capital Expenditures Committee —` unanimously recommends approval of this article. 9:12 p.m. Ronald Colwell reported the Appropriation Committee unanimously recommends approval of this article. 9:12 p.m. Following a voice vote,the Moderator declared the motion adopted. 9.12 p.m. William Kennedy, Capital Expenditures Committee, served Notice of Reconsideration on Article 15 447 Adjourned Session— 1998 Annual Town Meeting, cont. —April 27, 1998 ARTICLE 16: BEDFORD STREET TRAFFIC SIGNALS 9.13 p.m. Presented by Selectman Elizabeth Eddison. MOTION: That this article be indefinitely postponed. 9:13 p.m. Following a voice vote,the Moderator declared the motion adopted. ARTICLE 17: DPW FACILITY STUDY 9:13 p.m. Presented by Selectman Peter Enrich. MOTION: That the sum of$75,000 be appropriated for architectural and engineering services in order to determine the physical plant needs of the Public Works Department building located at 201 Bedford Street, and that such amountbe raised in the tax levy. 9:13 p.m. Selectman Peter Enrich explained the needs for the study and addressed its relationship to any possible plans for moving the DPW facility. Mr. Enrich reported the Board of Selectmen recommended approval. 9:15 p.m. Charles Hornig reported the Capital Expenditures Committee unanimously recommends approval. 9:15 p.m. Isabel Mroczkowski reported the Appropriation Committee unanimously recommends approval. 9:15 p.m. Dawn McKenna,pr.9, spoke in opposition. 9:17 p.m. David Kanter,pr.7, questioned the cost basis for the $75,000 and likelihood for achieving stated objectives with the $75,000. 9:17 p.m. Public Works Director George Woodbury explained that it would be a fixed-price contract and priorities would be established. 9:18 p.m. Jacqueline Davison,pr.3, expressed her reservations on the expenditure and identified other facilities needing attention and of the need to address the issue in total. 9:19 p.m. Kenneth Reich,pr.4, addressed the "21E" site assessment. 9:19 p.m. Public Works Director George Woodbury responded. 9:19 p.m. Kenneth Reich,pr.4, questioned if the scope of work had been developed for the 21E study and if the article is approved what is the Town authorized to do regarding remediation. 9:19 p.m. Selectman Peter Enrich explained the Board of Selectmen will review with care any scope of work to be done at the site. 9:19 p.m. Ira Bernstein,pr.2, questioned Mr. Woodbury on how long the project will take. 9:19 p.m. Mr Woodbury explained the work expected to be completed by next town meeting. 9:21 p.m. David Kaufman,pr. 6, commented on any possible site remediation and benefits to the community. 9:22 p.m. Joyce Miller, pr. 7, encouraged Public Works to conduct the study due to the site location near the North Lexington Brook. Adjourned.Session— 1998 Annual Town Meeting, cont. —April 27, 1998 9.23 p.m. Paul Chernick, pr.6, echoed not avoiding the remediation and supported funding a study upon which to base further action. 9:24 p.m. Following a voice vote, the Moderator declared the motion adopted. 9:24 p.m. William Kennedy, Capital Expenditures Committee, served Notice of Reconsideration on Article 17 ARTICLE 18: LANDFILL STUDY 9:25 p.m. Presented by Selectman Peter Enrich. MOTION: That the sum of$170,000 be appropriated for engineering services and an environmental assessment of the closed landfill on Hartwell Avenue, and that such amount be raised in the tax levy. 9:25 p.m. Selectman Enrich explained the need to assess the landfill closure completed in 1981 since the State, having no documentation the landfill was properly closed, has outlined acceptable procedures for the Town to take. Mr. Enrich reported the Selectmen recommended approval. 9:27 p.m. Charles Hornig reported the Capital Expenditures Committee unanimously recommends approval and commented on possible upcoming expenses. II 9:28 p.m. Isabel Mroczkowski reported the Appropriation Committee recommends approval. x- 9:28 p.m. David Kanter,pr 7, questioned the D.E.P. approval timeline. Selectman Enrich explained the process. 9:28 p.m. Following a voice vote, the Moderator declared the motion adopted. 9:28 p.m. William Kennedy, Capital Expenditures Committee, served Notice of Reconsideration on Article 18 ARTICLE 19: PURCHASE FIRE EQUIPMENT 9:29 p.m. Presented by Selectman Daniel P. Busa, Jr. MOTION: That the sum of$105,000 be appropriated for the purchase of a new ambulance, and that such amount be raised in the tax levy. 9.29 p.m. Selectman Busa explained the need to replace the Rescue 2 ambulance and stated the Board of Selectmen recommended approval. 9:30 p.m. Chankey Touart, Capital Expenditures Committee, stated the unanimous support of this article by the Committee. 9:30 p.m. Steven Coit, Appropriation Committee, stated the unanimous support of this article by the Committee. 9:30 p.m. Following a voice vote,the Moderator declared the motion adopted. 9:30 p.m. William Kennedy, Capital Expenditures Committee, served Notice of Reconsideration on Article 19 449 Adjourned Session—1998 Annual Town Meeting, cont. —April 27, 1998 ARTICLE 20: PURCHASE ELECTIONS OPTICAL SCAN SYSTEM 9:30 p.m. Presented by Selectman Jeanne Krieger MOTION: That the sum of$99,000 be appropriated for the purchase of an optical scanning election system, and that such amount be raised in the tax levy. 9:30 p.m. Selectman Krieger explained the status and condition of the current AVM election system and request for purchasing a state of the art system consisting of optical scanners, ballot boxes,voting booths, and other equipment. Ms. Krieger reported the Board of Selectmen recommended approval. 9:35 p.m. Chankey Touart, Capital Expenditures Committee, reported unanimous support of the Committee for this article and stated they found it to be particularly timely. 9:35 pm. Paul Lapointe, Appropriation Committee, reported unanimous support of the Committee for this article and pointed to possible financial benefits. 9:35 p.m. Nyles Barnert,pr.4, asked how long it would take to re-program the scanner cards for a new election. 9:35 p.m. Town Clerk Donna M. Hooper responded that the cards could be programmed well within the 35 days required by law to call an election. 9:36 p.m. Alan Lazarus,pr.6, asked if it was possible to write-in candidates on the new system. Ms. Hooper explained that the new system could handle write-ins. 9:36 p.m. Ira Bernstein,pr.2, asked if the new system would be installed for the November election. Ms. Hooper explained the intent would be to implement the new system with the March, 1999 town election. 9:37 p.m. Sheldon Spector,pr.6, asked what were the variable costs. Ms. Hooper responded that the costs were comparable. 9:37 p.m. David Kaufman,pr.6, explained he realized why 10 system are being requested for 9 polling places but inquired about strategy if two systems were to malfunction. 9:37 p.m. Ms. Hooper responded that should the scanner system fail the paper ballots would be collected and sealed into the ballot box for scanning at another time if needed. 9:38 p.m. Robert Rotberg, pr.3, questioned the Secretary of State's approval of only two vendors and if the systems are the same. Ms. Hooper explained the Secretary of State's two approve d systems, Accu-Vote and Op-Tech,have slight differences. 9:39 p.m. Mr. Rotberg requested the membership be enlightened on the differences. 9:39 p.m. Ms. Hooper explained the two systems basically differ on the ballot appearance,manner in which the ballot is marked, and the types of marking devices. 9:40 p.m. Mr. Rotberg questioned how the vendor will be decided. Ms. Hooper explained plans for establishing a committee to establish criteria and determine system to be selected after a competitive bidding process. 450 Adjourned Session— 1998 Annual Town Meeting, cont. —April 27, 1998 9.42 p.m. Frank Sandy,pr.6, questioned why it takes 35 days to reprogram the computer cards. Ms. Hooper explained that state law requires at least a 35 day notification to call an election, the cards do not.take 35 days to program. 9.43 p.m. Andrew Friedlich, pr.5, suggested adjacent towns be canvassed to determine if a better price may be obtained by group buying. 9:44 p.m. Ms. Hooper explained that most of the adjacent towns are currently operating one of the two systems. She also explained that of the approximately 30 communities mandated to change from the decertified punchcard systems have selected one of the two optical scan systems. 9:45 p.m. Richard Michelson,pr.8, questioned if the funds requested cover all costs. Ms. Hooper explained the requested funds cover all costs. 9:46 p.m. Nyles Barnert,pr.4, questioned if the town planned to raise funds by selling the current AVM machines. 9:46 p.m. Ms. Hooper explained the machines have minimal re-sale value and that every effort will be made to obtain as much for the machines as possible. 9:46 p.m. Following a voice vote, the Moderator declared the motion under Article 20 adopted. 9:47 p.m. William Kennedy, Capital Expenditures Committee, served notice of reconsideration of Article 20. ARTICLE 21: PINE MEADOWS EQUIPMENT 9:47 p.m. Presented by Donald Chisholm, Recreation Committee. MOTION: That the sum of $50,000 be appropriated to make improvements in the Pine Meadows Golf Course as determined by the Recreation Committee with the approval of the Board of Selectmen, and to raise such amount $50,000 be transferred from the Recreation Enterprise Fund. 9:47 p.m. Mr. Chisholm explained the needs and reviewed operations at Pine Meadows. 9:50 p.m. Selectman Daniel P. Busa,Jr. reported the Board of Selectmen unanimously supports this article. 9:50 p.m. Shirley Stoltz, Capital Expenditures Committee,reported the Committee's unanimous support. 9.50 p.m. Steve Coit,Appropriation Committee,reported the Committee's unanimous support. 9:51 p.m. Following a voice vote,the Moderator declared the motion adopted. 9:52 p.m. William Kennedy, Capital Expenditures Committee, served notice of reconsideration of Article 21. 451 Adjourned Session—1998 Annual Town Meeting, cont . —April 27, 1998 ARTICLE 22: PLAYGROUNDS AND RECREATION FACILITIES IMPROVEMENTS 9.52 p.m. Presented by Selectman Dan H. Fenn, Jr. MOTION: That this article be indefinitely postponed. 9:52 p.m. Mr. Fenn explained the fiscal constraints and need to postpone this article. Mr. Fenn reported the Board of Selectmen urge Indefinite Postponement. 9:53 p.m. William Kennedy, Capital Expenditures Committee, moved a substitute motion as follows: MOTION That the sum of $25,000 be appropriated to make improvements at selected playgrounds, tennis courts and ball fields as determined by the Recreation Committee with the approval of the Board of Selectmen, and that such amount be transferred from the Unreserved Fund Balance. 9:54 p.m. Shirley Stoltz, Capital Expenditures Committee, explained the need to re-institute $25,000, and addressed possible funding sources. 9:56 p.m. Paul Lapointe, Appropriation Committee, explained the situation where the two policies collide; recreation needs vs. reserve fund needs, and reported the Appropriation Committee unanimously opposes the substitute motion. 9:58 p.m. Selectman Dan Fenn explained the $80,000 was transferred into the reserve fund as a contingency item for possible special education program overrun next year. It is not available for Free Cash. 10:00 p.m. David Rudner,pr.2, questioned if the substitute motion were to be voted down would Sutherland be next on Recreation's list. Sandra Shaw, Recreation Committee, responded that yes,that would be the plan. 10.00 p.m. Following a voice vote on the substitute motion,the Moderator declared the motion not adopted. 10:00 p.m. Following a voice vote on the main motion, the Moderator declared the motion adopted and the article indefinitely postponed. ARTICLE 23: SCHOOL CAPITAL PROJECT 10.01 p.m. Presented by School Committee Chairman Barrie Peitz. MOTION: That the sum of$600,000 be appropriated for remodeling,reconstructing and making extraordinary repairs to school buildings and for the purchase of additional equipment therefor;that to meet this appropriation $70,000 be raised in the tax levy and the Treasurer with the approval of the Selectmen is authorized to borrow$530,000 under G.L. c.44, §7 or Chapter 645 of the Acts of 1948 as amended;that$70,000 be raised in the tax levy, and that the Permanent Building Committee is authorized to take all action necessary to carry out this project. 10:01 p.m. Ms. Peitz explained comparability between the cash capital requests on school and town sides and the FY99 major school capital request is in response to needs. Ms. Peitz explained that Article 23 includes all projects that must be done which are not reimbursable under the larger capital plan. Reimbursable items have been deferred. 452 Adjourned Session— 1998 Annual Town Meeting, cont —April 27, 1998 10:05 p.m. Selectman Peter Enrich reported the Selectmen unanimously urges support of this request which they view as a prudent and appropriate step while awaiting a comprehensive project. Mr. Enrich explained that Selectman Busa will be reporting at the Wednesday,April 29th meeting, on the capital plan. 10:06 p.m. William Kennedy, Capital Expenditures Committee, reported the Committee unanimously recommends approval. 10:06 p.m. Roger Borghesani,Appropriation Committee, reported the Committee unanimously supports the article. 10:07 p.m. Richard Michelson,pr.8, questioned if the School Department and Department of Public Works will get together to bid the roof work. Ms. Peltz explained the two departments would be as collaborative as possible to keep the costs down. Town Manager Richard White reported that everything would be done to economize, including joint construction projects. 10.08 p.m. Dawn McKenna,pr.9, questioned the debt management and total allowable debt, as per page 10 of the budget handbook. Ms. McKenna stated her support of the article. Town Manager Richard White confirmed the budget handbook information and $184,000,000 as the town's total allowable debt. 10:10 p.m. Following a voice vote,the Moderator declared the motion unanimously adopted. 10:10 p.m. William Kennedy, Capital Expenditures Committee, served notice of reconsideration of Article 23. ARTICLE 24: SCHOOL CAPITAL PROJECT 10.10 p.m. Presented by School Committee Chairman Barrie Peltz. MOTION: That this article be indefinitely postponed. 10:10 p.m. Following a voice vote,the Moderator declared the motion adopted. ARTICLE 25: SCHOOL TECHNOLOGY PROGRAM 10:11 p.m. Presented by Fred Rosenberg, School Committee. MOTION: That the sum of$1,225,000 be appropriated for the purchase of computer hardware and software; and that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $1,225,000 under G.L. c.44, §7. 10:11 p.m. Mr. Rosenberg explained that this is the third of a five year technology plan for the schools, and provided an update on the current status and progress of the 5 year plan. 10:17 p.m. Selectman Peter Enrich reported the Selectmen's support for the article and that this was a valuable and important investment. 10:17 p.m. Karen Dooks, Capital Expenditures Committee, reported the unanimous support of the Committee. 453 Adjourned Session— 1998 Annual Town Meeting, cont .. —April 27, 1998 10:17 p.m. Roger Borghesani,Appropriation Committee,reported that a majority of the Committee (7-1) supports the article. Mr. Borghesani reported the concern of the minority that the $500,000 of the secondary schools should be carefully looked at and reminded the membership of the consequence on debt service. 10:20 p.m. After a voice vote which was not unanimous,as this motion requires a two-thirds vote, the Moderator called fora standing vote on Article 25, tallied as follows: Precinct Yes No 1 11 0 2 11 0 3 14 0 4 15 0 5 17 0 6 16 0 7 13 0 8 16 0 9 11 2 At Large 18 0 TOTAL 142 2 10:20 p.m. More than the 2/3 required, the Moderator declared the motion adopted. 10:22 p.m. William Kennedy, Capital Expenditures Committee, served notice of reconsideration of Article 25. ARTICLE 26: BOARD OF HEALTH—TITLE V r-- 10:22 p.m. Presented by Selectman Elizabeth Eddison. MOTION: That the sum of$200,000 be appropriated for the purpose of financing the following water pollution abatement facility projects: repair, replacement and/or upgrade of septic systems, pursuant to agreements between the Board of Health and residential property owners, including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $200,000 and issue bonds or notes therefor under G.L. c.111, §127B1/2 and/or Chapter 29C of the General Laws; that project and financing costs shall be repaid by the property owners, in accordance with those agreements, but such bonds or notes shall be general obligations of the Town; that the Treasurer with the approval of the Board of Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C and in connection therewith to enter into a loan agreement and/or security agreement with the Trust and otherwise contract with the Trust and the Department. 10:22 p.m. Selectman Eddison explained the intention of the stated funded loan program for residents to make repairs to failing septic systems. This program is at no cost to the Town to provide the service. Mrs. Eddison reported the Selectmen recommended approval of the article and explained the Title V state program, including the betterment to be included on real estate tax bills for from 5 to 20 years. 10:27 p.m. Catherine Abbott, Appropriation Committee, reported the Committee's unanimous recommendation for approval. 10:27 p.m. Sam Silverman, pr.5, questioned Lexington's moving toward being completely sewered and noted that the presentation referenced repairing systems as well as connecting to sewer Health Director Beverly Anderson explained the program. 454 Adjourned Session— 1998 Annual Town Meeting, cont . —April 27, 1998 10:28 p.m.Mr Silverman questioned the number of homes in Lexington which can't connect to sewer. Ms. Anderson explained that the number is very small. Public Works Director George Woodbury addressed the number of homes not yet serviced by sewer. 10:30 p.m. David Kanter, pr.7, questioned if a betterment constitutes a property lien. Selectman Eddison confirmed that it did constitute a lien. 10:30 p.m. Following a voice vote, the Moderator declared the motion adopted unanimously. 10:30 p.m. Paul Lapointe, Appropriation Committee, served notice of reconsideration of Article 26. ARTICLE 27: MASS. HISTORICAL COMMISSION MATCHING GRANT 10:31 p.m. Presented by Dawn McKenna,pr.9. MOTION: That this article be indefinitely postponed. 10.31 p.m. Following a voice vote, the Moderator declared the motion adopted and the article indefinitely postponed. 10:32 p.m. Peter Enrich , Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday, April 29, 1998 at 8:00 p.m., at Cary Memorial Hall. Adopted by voice vote. 10:32 p.m. A true copy. xicLute, Attest: Donna M. Hooper, TowrrClerk 455 ADJOURNED SESSION– 1998 ANNUAL TOWN MEETING APRIL 29, 1998 The April 29, 1998 Adjourned Session of the 1998 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:09 p.m., in Cary Memorial Hall. A quorum of 170 members was present. 8:09 p.m. The Moderator explained that this evening's session would take up Articles 54 & 55,then 28, 31, 42, 44 and reconsideration of articles and finally Article 61. A critique of the 1998 Annual Town ,— Meeting is scheduled for Wednesday, May 13, 1998 at 7:30 p.m. in the Selectmen's Meeting Room. 8:12 p.m. Selectman Elizabeth Eddison announced the Clean Up the Bikeway to be held on May 16, 1998 from 9:00 a.m.– 12.00 noon. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS,COMMITTEES 8:13p.m. Reverend Peter Meek, Chairmanof the Cary Library Trustees, provided an update on the Cary Library Renovation Plans. 8:15 p.m. David Rudner, pr.2, questioned Cary Library's consultation with committees, boards, neighbors, abutters, etc. when planning library changes. 8:17 p.m. Eric Michelson, pr.1, questioned the Trustees' "read" on achievability of the fundraising study;the fundraising to date,and the participation of the Stop & Shop Co. in funding for the library. Reverend Meek responded that the process has only just begun and that there has been a single significant donation to date. Town Manager Richard White reported on his discussion with Stop & Shop and the enthusiastic support. Stop& Shop has pledged help with food for fundraising and a willingness to send-up the request for financial support up the corporate ladder. 8:21 p.m. Audrey Friend,pr.7,reported that at the recent Mass. Library Association annual conference two of the four Hall of Fame awards were awarded to Lexington citizens. Ms. Friend urged town meeting to express its continued support to Cary Library. 8:22 p.m. Selectman Daniel P. Busa, Jr. reported on the status of the school renovation building project. 8:26 p.m. Ephraim Weiss,pr.5, requested a point of personal privilege and apologized to Town Manager Richard White and staff on the comments he made at the meeting on Monday,April 27`h. 8.27 p.m. Robert Cunha,pr.2,moved that Articles 54 and 55 be taken up. 8:27 p.m. Following a voice vote, the Moderator declared the motion adopted and Article 54 before the meeting. ARTICLE 54: ACCEPT SEC.103 OF CH.32 OF THE M.G.L. 8:28 p.m. Presented by Robert Cunha, Retirement Board Chairman. MOTION: That the Town accept Section 103 of Chapter 32 of the Massachusetts General Laws. 8:28 p.m. Mr Cunha requested the Moderator recognize John Ryan, Finance Director and Ex. Officio to the Retirement Board to make the presentation. 456 Adjourned Session 1998 Annual Town Meeting, cont -April 29, 1998 8:29 p.m. John Ryan, Finance Director, presented information on the Retirement Board,cost of living adjustments awarded to retirees,and impact of requested acceptance of Section 103 of Chapter 32 of the M.G.L. 8.40 p.m. Selectman Elizabeth Eddison, reported the Selectmen unanimously recommend approval of this article. 8:40 p.m. Paul Lapointe, Appropriation Committee, reported the Committee unanimously supports this article. - 8:41 p.m. Sheldon Spector, pr.6, questioned the annual impact to the —+ budget if this statute were to be adopted. 8:41 p.m. John Ryan replied that the impact is minimal for any amount which may be requested to be funded by Town Meeting. The Retirement Board will set up a new schedule with the state. 8:42 p.m. Sam Berman, pr.3, questioned the statutory requirement for the 3% maximum increase. Mr. Ryan explained the legislation limits the increase to 3%. Mr. Berman stated he saw the 3% increase as miserly and that he was disappointed that it is limited to that kind of increase. 8:44 p.m. Sam Silverman, pr.2, inquired who had determined the increases up until now. Mr. Ryan responded that the state legislature had determined the increases, not town meeting. 8:45 p.m. Sam Silverman,pr.2, inquired how adopting this statute would impact the way things are currently being done and consequences if the meeting votes 'no'. Mr. Ryan explained that since 1980 expenses authorized by the state legislature must be covered by the state. The burden has now been shifted to the local systems. If the article does not pass, as of July 1, 1998 retirees will not receive a cost of living adjustment. 8:47 p.m. Sam Silverman, pr.2, inquired about possible consequences of a market downturn and if the Retirement Board could decide not to approve an adjustment. Mr Ryan confirmed that the Board could so decide. 8.49 p.m. Jonathan Lederman, pr.7, questioned the state's passing of responsibility for funding onto towns, and fiduciary responsibility of the Retirement Board. Mr. Ryan explained that the Retirement Board must annually determine if the retirement system is fiscally able to fund adjustments. The Retirement Board's Actuary Mr. Barry Gilman of William Mercer, Inc. further addressed Mr. Lederman's question. 8:53 p.m. John Hayward,pr.5, called the question. 8:53 p.m. Following a voice vote, the Moderator declared the main motion now before the meeting. 8:53 p.m. Following a voice vote, the Moderator declared the motion under Article 54 adopted. ARTICLE 55: PETITION GENERAL COURT FOR ACT RELATING TO RETIREES 8:54 p.m. Presented by Robert Cunha, Retirement Board Chairman. MOTION: That the Board of Selectmen be and they hereby are authorized to petition the General Court for an act to provide a cost of living adjustment to non-contributory retirees of the Town on the same basis as contributory retirees. 457 Adjourned Session 1998 Annual Town Meeting, cont . -April 29, 1998 8:54 p.m. Mr Cunha requested the Moderator recognize John Ryan, Finance Director and Retirement Board Ex-Officio Member. 8:54 p.m. Mr. Ryan explained that passage of this article is required due to the noncontributory retirees not having been included in the previous act adopted. There is a$2,900 maximum exposure on an annual basis. 8:55 p.m. Selectman Elizabeth Eddison reported the Selectmen unanimously support this article. 8:55 p.m. Paul Lapointe, Appropriation Committee, reported the Committee's unanimous support of this article. 8.56 p.m. David Kanter, pr.7, questioned constitutional issues if non- contributory retirees are not included. John Ryan reported the only measure is the requested home rule measure. 8.56 p.m. Following a voice vote, the Moderator declared the motion under Article 55 adopted. 8:56 p.m. Paul Lapointe, Appropriation Committee, served notice of reconsideration of Article 54. ARTICLE 28: STABILIZATION FUND 8.57 p.m. Presented by Selectman Dan H. Fenn, Jr. MOTION: That the sum of$100,000 be appropriated to the stabilization r-- fund established under Chapter 40 of the General Laws as amended and that such amount be raised in the tax levy. 8.57 p.m. Mr. Fenn explained statutory requirements governing funding of the stabilization fund, with maximum allowable appropriation of $5,694,063 being a little ambitious. Mr. Fenn explained that the approximately$103,000 currently in the fund is expected to be used toward the Fire Department's purchase of an approximately $500,000 ladder truck in 1999. Mr. Fenn reported the Board of Selectmen recommend approval of Article 28. 9:00 p.m. Karen Dooks, Capital Expenditures Committee,reported the Committee unanimously supports the article. 9:00 p.m. Steve Coit,Appropriation Committee,reported that a majority of the Committee supports the article. The minority of the Committee is concerned that the expenditure of the funds is subject to a 2/3 vote. 9:01 p.m. Following a voice vote, the Moderator declared the motion unanimously adopted. ARTICLE 31: LAND ACQUISITION 9:01 p.m. Presented by Joyce Miller, Conservation Commission MOTION: That this article.be indefinitely postponed. 9:01 p.m. Ms. Miller explained that the land of the Pilgrim Congregational Church anticipated to be available to the Town is not yet ready. The Commission plans to be back to Town Meeting in 1999 9:02 p.m. Following a voice vote, the Moderator declared the motion unanimously adopted. 458 Adjourned Session 1998 Annual Town Meeting, cont -April 29, 1998 ARTICLE 42: GUIDELINES FOR FINANCING CAPITAL EXPENDITURES 9:03 p.m. Presented by Charles Hornig. MOTION: I move that the Town Meeting adopt the following resolutions: A. Annual Renewal Capital RESOLVED, that the Town Meeting requests that the following procedure be followed when preparing the Town budget for FY2000 and for each following year: • The Town Manager, in consultation with the Capital Expenditures Committee, will determine the appropriate average annual renewal cost(as defined below) for each category of core operating assets (as defined below). • The Town Manager will arrange his budget such that the total amount appropriated for renewal of core operating assets plus the net increase in the stabilization fund equals the total average annual renewal cost for all core operating assets. • The Selectmen will ensure that this is also true of the budget they present to Town Meeting. Core Operating Assets are defined as non-enterprise capital assets for which the renewal cost is predictable,not controversial, and recurs frequently. At this time the Town Meeting believes that the following expenditures qualify: • Street Resurfacing • DPW Equipment and Vehicles costing at least $25,000 • Fire Vehicles costing at least$25,000 • Playgrounds Town Meeting may amend this list by resolution at any time. Average Annual Renewal Cost is defined as the average annual cost at current prices of the capital improvement plan for a given category of assets over an extended period of time. B. Small-Ticket Renewal Capital RESOLVED, that the Town Meeting requests that all appropriations for small-ticket capital renewal(as defined below)presented to a town meeting be presented in a single warrant article together with an appropriation to the stabilization fund. Small-ticket capital renewal projects renew or replace an existing capital asset and cost less than$1,500,000 C. Capital Budget RESOLVED, that the Town Meeting requests that the Selectmen place an article on the warrant for each annual town meeting permitting the Town Meeting to recommend a capital budget for the four years following the year for which appropriations are being made. 9:03 p.m. The Moderator declared that the article would be divided and voted upon in three parts—A, B, and C. 9.03 p.m. The Moderator recognized Steve Coit, Appropriation Committee, who provided a general overview of all three components. 459 Adjourned Session 1998 Annual Town Meeting, cont.. -April 29, 1998 9:12 p.m. Charles Hornig reiterated the intent and components of PART A and current procedures used in developing the Capital Budget. Mr. Hornig explained the article is a resolution as to how Town Meeting wants the Capital Budget to work. It is only advice to the Town Manager and Selectmen and is non-binding. Part A: 9:15 p.m. Selectmen Chairman Peter Enrich explained that the Board has struggled over this proposal, enthusiastically supporting the efforts and approach of the Capital Expenditures Committee for its valuable work but has serious concerns on specifics of the motion and timing for implementation. Mr. Enrich reported the Selectmen did not support the motion at this time and asks that the Board of Selectmen and Committees iron out details to agree upon a method of attack to which they can commit. Mr. Enrich expressed great gratitude on behalf of the entire Board of Selectmen to Mr. Coit, Mr Hornig, and Mr. Hamburger. Mr. Enrich explained the perceived problems as follows- Detailed specific aspects of the proposed resolution; substantive problems on the way in which resolution is structured—discretionary, scope, etc.;resolution attempts to commit a path of specific amounts of spending and it is unclear as to ability to address other budget aspects. 9:24 p.m. Jonathan Lederman,pr.7, spoke in favor of the resolution. 9:25 p.m. Ephraim Weiss,pr.5, spoke in favor of the resolution. 9:26 p.m. Albert Zabin, pr.1, explained he saw this as a difficult issue which is more significant than a non-binding resolution, seeing it as a statement of policies and priorities,and of his concern about priorities which have been left off 9:29 p.m. Thomas Diaz, pr.2, spoke in support of PART A and questioned if the proponents see it realistic to expect level spending yearly. Charles Hornig explained they chose the categories selected for items which occurred frequently which could be evened out independent of the stabilization fund. 9:33 p.m. Robert Rotberg,pr.3, stating his critical point that the motion is privileging certain expenditures over others. 9:34 p.m. Mr. Rotberg moved to refer to the Board of Selectmen and 2 Finance Committees. 9:34 p.m. The Moderator called a 5 minute recess. 9:41 p.m. The Moderator called the meeting to order. 9:41 p.m. Steve Coit, Appropriation Committee, reported the majority r-- of the Appropriation Committee is not in favor of the motion to refer and views the article as a non-binding article which leaves great latitude. 9:43 p.m. Bruce Collier, pr.3, urged support of the motion to refer, for more study. 9.44 p.m. Charles Hornig,Capital Expenditures Committee,reported the Committee was unanimously against referral. 9:44 p.m. Paul Chernick,pr.6, opposed referral. 9:45 p.m. Sue Cusack, pr.9, opposed referral. 9 46 p.m. David Kanter,pr.7, opposed referral. 9:46 p.m. Margaret Rawls,pr.4, opposed referral. 9.47 p.m. Alan Lazarus,pr.6, supported referral. 460 Adjourned Session 1998 Annual Town Meeting, cont -April 29, 1998 9:47 p.m. Robert Whitman, pr.8, supported referral. 9 48 p.m. Eric Michelson,pr.1, supported referral. 9.49 p.m. Jeannette Webb,pr.4, opposed referral. 9:49 p.m. Nicholas Cannalonga,pr.3,applauded both finance committees and opposed referral. 9:49 p.m. Following a voice vote,the motion to refer was not adopted. 9:50 p.m. Nyles Barnert,pr.4,questioned the funding sources (bonding, etc.). Charles Hornig, Capital Expenditures Committee, ..� replied that options are too complicated but the intent is not to borrow. 9:51 p.m. Fred Rosenberg, pr.9, spoke in support of PART A, a non- binding resolution. He believes the Selectmen agree in the spirit of the resolution, and he sees it not setting a priority on capital items. 9:52 p.m. David Kanter,pr.7, supported the motion of PART A. 9:53 p.m. Sue Cusack,pr.9, supports the motion. 9:54 p.m. Frank Sandy,pr.5,questioned the boards if the object is for the Selectmen to refine grouping of items before next town meeting. Steve Coit, Appropriation Committee, commented that dialogue on those items would be fruitful and important. 9:55 p.m. Perry Pollins, pr 5, spoke in favor of the PART A motion. 9:55 p.m. John Hayward, pr.5, called the question. 9:56 p.m. Following a voice vote,the Moderator declared the vote on the `- motion under PART A now before the meeting. 9:56 p.m. Following a voice vote, the Moderator declared the motion under PART A adopted. 9.56 p.m. Charles Hornig spoke on the organizational intent of the motion under PART B. 9:57 p.m. Selectman Peter Enrich spoke on PART B and stated the Selectmen's support for PART B. 9:58 p.m. Following a voice vote, the Moderator declared the motion under PART B adopted. 9:59 p.m. Charles Hornig spoke on the communication issued identified in PART C. 9:59 p.m. Andrew Friedlich, pr.5, without amending the motion, requested the PART C wording include "after consultation with the School Committee". 10.00 p.m. Peter Enrich explained that the Board of Selectmen are perplexed by PART C, if there is a constructive way to implement this section if it is non-binding. 10.00 p.m. George Burnell,pr.7, spoke in opposition to PART C, stating it puts the process backwards. Mr Burnell stated the Capital Expenditures Committee should be presenting the capital needs, not the Selectmen. Adjourned Session 1998 Annual Town Meeting, cont . -April 29, 1998 Adjourned Session 1998 Annual Town Meeting, cont—April 29, 1998 461 10:01 p.m. Paul Chernick,pr.6,questioned multiple motions on priorities and the means by which the capital budgets could be modified by Town Meeting, and possible burdens it may create to make amendments on non-binding issues. Charles Hornig explained the intent is for the Town Manager to prepare the 5 year Capital Plan,the Selectmen to comment on the plan and take the plan to Town Meeting for a vote. 10:04 p.m. Jonathan Lederman,pr.7, questioned amending the motion from the Board of Selectmen submitting the article, to the article being submitted by the Capital Expenditures Committee. The Moderator explained the town By-Laws require the Board of Selectmen to submit the article. 10:05 p.m. Nyles Barnert,pr 4, opposed PART C. 10:05 p.m. Richard Michelson,pr.8, opposed PART C. 10:06 p.m. Sheldon Spector,pr.5, moved the question. 10:06 p.m. Following a voice vote,the Moderator declared the question on PART C now before the meeting. 10:07 p.m. Following a voice vote,the.Moderator declared the motion under PART C not adopted. ARTICLE 44: CHANGE DATE OF ANNUAL TOWN ELECTION 10:07 p.m. Presented by Dawn McKenna, pr 9 MOTION: I move that Sections 4, 5, and 6 of Article III of the General By-Laws of the Town of Lexington be amended to read as follows: Article III,Section 4:The annual meeting of the Town for the transaction of municipal business shall be called for a date in the month of March as determined by the Selectmen,provided,however, that if it shall fail to be so called in consequence of any defect in the warrant or other irregularity, it shall be called for a date as soon thereafter as may be practicable. Article III,Section 5: The annual meeting of the Town for the election of town officers and town meeting members shall be held on the third Tuesday of May of each year. The polls shall be open from seven o'clock in the morning until eight o'clock in the evening. Article III,Section 6:The Town Clerk, as soon as practicable after the town meeting is adjourned, shall give notice of the time to which the meeting is adjourned and of the business to be acted upon. Such notice shall be posted in the Town Office Building. r- and further that in order to provide a smooth transition,those elected officials and Town Meeting members whose term would normally expire in March of 1999,will serve through Town Meeting until their successors can be elected on the third Tuesday of May 1999. and further,that the Board of Selectmen are authorized to take any actions necessary but not specifically described herein,to effectuate the change of elections to the Third Tuesday in May of each year 462 Adjourned Session 1998 Annual Town Meeting, cont . -April 29, 1998 10.07 p.m. Ms. McKenna provided an overview of how the proposed third Tuesday in May election date has been derived, outlining the goals including. to provide time between the election and start of town meeting; improve voter turnout; and conduct an election in a more favorable climate. 10:17 p.m. Selectman Jeanne Krieger reported the Board of Selectmen unanimously oppose this motion and stated though the current date may not be ideal, Lexington voters appear to be motivated by the -- issue, not election date. 10:18 p.m. Bruce Collier,pr.3, urged defeat. 10:22 p.m. Martin Long, pr.6, commented on the need to consider new town-wide office holders. 10:23 p.m. Douglas Lucente,pr.3, spoke in opposition to the motion and commented on the negative impact on Patriots Day celebrations if the election was changed to May. 10:24 p.m. Nicholas Hay, a resident of 48 Valley Road, spoke in opposition. 10:25 p.m. Elizabeth Whitman,pr.8, questioned voter turnout for those communities voting before town meeting. Ms.McKenna replied that information had not been compiled. 10:26 p.m. Clark Cowen,pr.7,spoke in opposition and of his opinion that such a change in election date would make town government not as responsive to the issues of the electorate and would be democracy delayed. 10:29 p.m. Ms. McKenna clarified when candidates would take office. 10:30 p.m. Jonathan Lederman,pr.7,supported the motion and questioned if the article could be separated. The Moderator stated the article was not divisible. 10:31 p.m. Robert Rotberg, pr.3, spoke on campaigning in warmer weather. 10:31 p.m. Susan Elberger, pr.9, opposed the motion and campaigning during town meeting. 10:33 p.m. George Burnell,pr.7, called the question. 10:33 p.m. Following a voice vote, the Moderator declared the main motion now before the meeting. 10:33 p.m. Following a voice vote, the Moderator declared the main motion under Article 44 not adopted. 10:35 p.m. Dawn McKenna,pr.9,explained that she would not be moving reconsideration of Article 45 and the MOVED RECONSIDERATION OF ARTICLE 43. (see pg.412-414). 10:36 p.m. Ephraim Weiss, pr.5, questioned substantive changes. Ms. McKenna explained LexHAB had agreed to the new motion. 10:37 p.m. Donald Wilson,Vice Chairman of LexHAB,rose in opposition to reconsideration and stated LexHAB had voted unanimously against reconsideration at its April meeting. 10:38 p.m. Sam Berman, pr.3, stated that if LexHAB doesn't support it nor should town meeting. 463 Adjourned Session 1998 Annual Town Meeting, cont -April 29, 1998 10:39 p.m. Bruce Collier, pr.3, spoke against reconsideration. 10:39 p.m. David Kanter,pr 7, spoke in support of reconsideration. 10.40 p.m. John Hayward,pr.5, called the question. Following a voice vote at 10:40 p.m.,the Moderator declared the motion shall now be put. Following a voice vote at 10.41 p.m., the Moderator declared the motion to reconsider Article 43 not adopted. 10:40 p.m. Robert Cohen,pr.3, requested a point of personal privilege and explained his recent receipt of information late in the afternoon which now causes him to move reconsideration of Article 33 this evening, although not having previously so indicated. 10:40 p.m. Nancy Cannalonga,pr.3, MOVED RECONSIDERATION OF ARTICLE 60.(see page ). Ms. Cannalonga explained issues with Article 60. 10:46 p.m. Selectman Jeanne Krieger reported the Board of Selectmen is unanimously opposed to reconsideration and that no additional information has been brought forth. 10:47 p.m. Sheldon Spector,pr.5, questioned Ms. Krieger 10:48 p.m. John Hayward,pr.5, called the question. Following a voice vote at 10:48 p.m.,the Moderator declared the motion shall now be put. Following a voice vote at 10:48 p.m., the Moderator declared the motion to reconsider Article 60 not adopted. 10:50 p.m. Robert Cohen,pr.3, explained he.hadn't previously kept the option open for reconsideration of Article 33 but was now so seeking and MOVED RECONSIDERATION OF ARTICLE 33. (see pg.373-375) The Moderator explained due to the situation why she would allow Mr. Cohen to�"Po'ce of reconsideration on Article 33 at this time „mot._ and would allow Town Meeting to so decide. **see p. 464 10:50 p.m. Ephraim Weiss,pr.5,rose in defense of Mr. Cohen. 10:51 p.m. Sheldon Spector,pr.5,questioned if Town Meeting could vote to establish precedent. The Moderator explained the Moderator had final decision,not Town Meeting, protecting the voters and those absent, on all sides of the issue, from the meeting. 10.52 p.m. Robert Cohen,pr.3, explained why he was moving notice of reconsideration on Article 33. 10:52 p.m. Selectman Daniel P. Busa,Jr. explained the earlier request for information on small lots impacted by Article 33 and the means by which the information was provided to the Town Manager from appropriate departments. 10:55 p.m. Robert Cohen stated that real people have rights and have been paying property taxes on these lots and had not been notified and therefore Article 33 should not be adopted. 10: 56 p.m. Town Manager Richard White clarified that two lists of small lots had been provided to Mr. Bus;one specifically pertaining to the issue of Article 33 and another which is not germane to the article. 464 Adjourned Session 1998 Annual Town Meeting, cont -April 29, 1998 10:57 p.m. John Davies, Planning Board, spoke in opposition to reconsideration and stated it was extremely unreasonable. ask the Selectmen to If reconsideration prevails the Moderator explained she would adjourn the meeting until Monday evening next to address the article., to protect the rights of those without prior knowledge of Mr. Cohen's intent to reconsider. 10.59 p.m. Robert Cohen clarified the lists he had received. — , 11:00 p.m. Scott Burson,pr.4, spoke against reconsideration. .� 11:01 p.m. Florence Connor,pr 8, spoke of the owners not having been notified. 11:01 p.m. Dawn McKenna,pr.9, moved the question. Following a voice vote at 11:01 p.m.,the Moderator declared the motion shall now be put. Following a voice vote at 11.01 p.m., the Moderator declared the motion to reconsider Article 33 not adopted. 11:02 p.m. Sam Silverman, pr.5, requested a point of personal privilege to recognize the efforts of Mr. Caleb Warner and his expertise as communication orchestrator for Town Meeting. ARTICLE 61: USE OF FUNDS TO REDUCE TAX RATE 11:02 p.m. Presented by Selectman Peter Enrich. MOTION: That the sum of$2,365,548 be appropriated to reduce the tax levy for the fiscal year beginning July 1, 1998 , and that such amount be transferred from the Unreserved Fund Balance. 11:05 p.m. Peter Enrich explained the Free Cash levels from 1987 to 1997. 11:05 p.m. Paul Lapointe reported the Appropriation Committee's unanimous support. 11:07 p.m. Following a voice vote, the Moderator declared the motion adopted. 11.07 p.m. Peter Enrich, Chairman of the Board of Selectmen,moved that this 1998 Annual Town Meeting be dissolved. The Moderator declared this motion adopted unanimously at 11:07 p.m. A true copy. Attest: k Donna M. Hooper, Town Clerk ** (from p. 463) The Moderator emphasized the long standing tradition that members inform the meeting of any intent to move reconsideration at least a session in advance but made a concession this evening in lieu of Mr. Cohen's having received information late in the day. Douglas C. Boyer, 19 Peachtree Rd. , resigned as a Town Meeting Member from Precinct Five June 29, 1998. Howard Cravis, 6 Rogers Rd. , received the highest number of votes as a defeated candidate for Town Meeting from Precinct Five at the Annual Town Election held March 2, 1998, and accepted the position on October 17, 1998. Term expires March 1999. 465 (Warrant for State Primary—See WARRANT FILE) STATE PRIMARY SEPTEMBER 15, 1998 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, September 15, 1998 at 7.00 a.m. The following places were designated as the voting places for the various precincts: — Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Clarke Middle School; Precinct Four, Senior High School; Precinct Five, Cary Memorial Building; Precinct Six, Diamond Middle School; Precinct Seven, Estabrook School, Precinct Eight, Fire Headquarters Building; Precinct Nine,Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two D Eileen Fradette Warden R Robert Edwards D Margaret Blouin Clerk D Rita Casey D Robert Blouin Inspector U Dorothy Bond D Audrey Deshler Inspector U Nicholas Hay U Martha Shurtleff Inspector U Marjorie McNicholas D Viola Pike Inspector U Clifford Pehrson D Bernice Weiss Inspector D Marie Walton Precinct Three Precinct Four U Marjorie Modoono Warden D Gulli Kula U Alice Hopkins Clerk R Richard Crawford D Raymond Carberry Inspector U Beverly Aker U Lillian Drury Inspector U Mary Devoe U Helen Euart Inspector R Raymond Flynn D Marcia Flint Inspector R Eleanor Smith U Blanche Spilewski Inspector R Gladys Snyder Precinct Five Precinct Six U Jacqueline Michelove Warden R Dorothy Boggia U Leon Michelove Clerk U Mary Casey U Grace Ayers Inspector U Francis Coscia R Dorothy Gauthier Inspector D Katherine Geanacopulous U Alice Jones Inspector U Harriet Morrison U Cecil Jones Inspector R Barbara Simmons D Priscilla Winter Inspector R William Simmons Precinct Seven Precinct Eight R A. Estelle Szalajeski Warden D Catherine F. Jones D Mary Joseph Clerk D Phyllis Richardson D Mildred Collentro Inspector U Doris Barclay U Bernice Gerrig Inspector D Maarib Ba77az D Robert Greenway Inspector R Elinor Bettencourt D Edna Holloran Inspector U Joseph Campbell .__. U Elizabeth McDonough Inspector D Donald Macbeth Precinct Nine D Eric Kula Warden ' R Carole Scalise Clerk U Carole Butler Inspector U Clark S. Schuler D Edith Paster Inspector U Judith A. Schuler D Robert Ryan Inspector The election officers were sworn to the faithful performance of their duties. 466 State Primary,September 15, 1998 cont. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice,the polls were declared closed. The total number of registered voters in each precinct eligible to vote as of August 26, 1998 is as follows: Precinct Registered Voters Democrat Renublican Unenrolled Reform Other* 1 1937 824 304 803 6 2 2354 1115 297 937 5 3 2471 960 425 1081 1 4 4 2422 1042 351 1026 3 5 2318 914 414 985 5 6 2455 1049 441 960 5 7 2232 926 341 959 2 4 8 2390 952 430 1003 5 9 2166 803 343 1015 5 Total 20745 8585 3346 8769 3 42 P 1- 5 Inter 3`d Party, 1 Libertarian; P.2—2 Inter 3`d Party,3 Libertarian, i P.3— 1 Inter 3`d Party, 2 Libertarian, 1 Socialist; 1 P.4—2 Inter 3rd Party, 1 Libertarian; P.5—4 Libertarian, 1 Prohibition; P.6— 1 Inter 3rd Party, 3 Libertarian, 1 Socialist P.7—2 Inter 3rd Party, 1 Libertarian, 1 Rainbow Coalition P 8— 1 Green Party USA, 1 Inter 3rd Party, 3 Libertarian Recap sheets were delivered to the Town Clerk at the Town Office Building. The Town Clerk and members of the Board of Registrars Mary Abegg, Luanna Devenis , and Connie Foster canvassed the results as follows: Precinct Democrat Republican Reform Total Voted 1 449 170 0 619 2 655 153 0 808 1 3 562 192 0 754 4 533 195 0 728 5 472 202 0 674 , 6 582 254 0 836 7 574 185 0 759 8 549 213 0 762 9 432 186 0 618 Totals 4808 1750 0 6558 31.6%of the registered voters cast their vote. ABSENTEE BALLOT BREAKDOWN Applications Ballots Timely Returned Ballots Ballots Precinct Processed Returned Too Late Rejected Counted D R E D R E 1 21 5 0 24 1 1 18 4 2 19 9 0 24 1 16 8 3 25 6 1 28 2 22 5 4 15 8 0 19 1 1 12 7 5 17 6 0 19 1 14 5 6 20 7 0 24 18 6 7 15 1 0 14 12 2 8 18 10 0 27 1 16 10 9 10 7 0 11 2 2 4 6 0 Total 160 59 1 190 8 5 132 53 0 ------ ------------------ --- - ------- ------- -------------- 467 State Primary,September 15, 1998 cont. DEMOCRATIC PARTY BALLOT Pr.! Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9Tota1 GOVERNOR Brian J. Donnelly 33 45 32 31 37 35 38 29 26 306 Scott Harshbarger 265 411 335 304 285 350 332 353 262 2897 Patricia McGovern 141 195 187 184 138 187 198 162 137 1529 Blanks 10 4 8 14 12 10 6 5 7 76 Totals 449 655 562 533 472 582 574 549 432 4808 LIEUTENANT GOVERNOR Dorothy A. Kelly Gay 128 173 181 172 155 161 188 190 125 1473 Warren E. Tolman 233 340 268 246 217 275 269 224 235 2307 Blanks 88 142 113 115 100 146 117 135 72 1028 Totals 449 655 562 533 472 582 574 549 432 4808 ATTORNEY GENERAL Lois G. Pines 214 353 320 307 233 303 308 293 228 2559 Thomas F. Reilly 211 273 225 207 218 259 250 232 193 2068 Ralph Nader 1 Blanks 24 28 17 19 21 20 16 24 11 180 Totals 449 655 562 533 472 582 574 549 432 4808 SECRETARY OF STATE William Francis Galvin 293 408 349 330 315 350 348 350 291 3034 Blanks 156 247 213 203 157 232 226 199 141 1774 Totals 449 655 562 533 472 582 574 549 432 4808 TREASURER Shannon P O'Brien 287 408 356 337 306 355 355 353 288 3045 Blanks 162 247 206 196 166 227 219 196 144 1763 Totals 449 655 562 533 472 582 574 549 432 4808 AUDITOR A. Joseph DeNucci 303 407 353 333 305 358 342 346 288 3035 Blanks 146 248 209 200 167 224 232 203 144 1773 Totals 449 655 562 533 472 582 574 549 432 4808 REPRESENTATIVE IN CONGRESS—Seventh District Edward J. Markey 339 507 455 425 368 444 429 419 347 3733 Blanks 110 148 107 108 104 138 145 130 85 1075 Totals 449 655 562 533 472 582 574 549 432 4808 COUNCILLOR—Third District(precincts 2,3,4,8,9) Ginny Allan 42 42 28 42 23 177 Garrett J. Barry 52 45 34 31 41 203 John W. Costello 49 34 47 38 40 208 Marilyn Petitto Devaney 57 58 57 72 52 296 Leonard H. Golder 5 14 4 9 13 45 Howard I. Goldstein 144 54 69 71 63 401 Ruth E.Nemzoff 58 123 68 68 50 367 Francis Thomas"Frank" Talty 26 25 24 27 17 119 Blanks 222 167 202 191 133 915 Totals 655 562 533 549 432 2731 468 State Primary, September 15, 1998 cont. Democratic Party Ballot, continued Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9Total I COUNCILLOR—Sixth District(precincts 1,5,6,7) Michael J Callahan 35 35 28 41 139 Eward T Donohoe 25 24 23 14 86 Francis X. Flaherty 94 61 85 68 308 Vincent A. LoPresti 38 29 37 24 128 1 Terry McGinty 9 18 17 22 66 Suzanne Merullo 15 30 22 28 95 —d Daniel P. O'Neil 12 10 5 8 35 Mark Rotondo 7 7 8 6 28 Jeffrey Travaline 15 21 18 21 75 Patricia White 48 53 63 93 257 Blanks 151 184 276 249 860 Totals 449 472 582 574 2077 SENATOR IN GENERAL COURT—Fourth Middlesex District(precincts 1,5,6,7) Robert A. Havern, III 277 291 341 341 1250 David McKenna 64 70 82 82 298 Blanks 108 111 159 151 529 Totals 449 472 582 574 2077 SENATOR IN GENERAL COURT—Fifth Middlesex District(precincts 2,3,4,8.9) Susan C. Fargo 486 418 404 401 293 2002 Rachel Rosenblum 1 1 Blanks 168 144 129 148 139 728 Totals 655 562 533 549 432 2731 REPRESENTATIVE IN GENERAL COURT—Fifteenth Middlesex District Jay R. Kaufman 319 508 438 421 372 457 424 432 316 3687 ,_,_, Blanks 130 147 124 112 100 125 150 117 116 1121 Totals 449 655 562 533 472 582 574 549 432 4808 DISTRICT ATTORNEY—Northern District Martha Coakley 224 321 313 295 253 336 325 308 234 2609 Timothy R. Flaherty 89 168 97 116 80 84 97 87 74 892 Michael A. Sullivan 68 75 80 66 68 66 72 75 60 630 Blanks 68 91 72 56 71 96 80 79 64 677 Totals 449 655 562 533 472 582 574 549 432 4808 SHERIFF—Middlesex County James V. DiPaola 196 302 242 238 195 267 242 249 206 2137 Edward J Kennedy, Jr. 126 162 154 140 146 127 144 149 124 1272 Blanks 127 191 166 155 131 188 188 151 102 1399 Totals 449 655 562 533 472 582 574 549 432 4808 REPUBLICAN PARTY BALLOT Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9Total , GOVERNOR Argeo Paul Cellucci 98 74 104 106 102 143 97 125 88 937 Joseph D. Malone 71 73 85 88 98 109 85 86 93 788 �--; Blanks 1 6 3 1 2 2 3 2 5 25 Totals 170 153 192 195 202 254 185 213 1861750 LIEUTENANT GOVERNOR Janet E. Jeghelian 87 74 86 102 114 115 94 94 100 866 Jane Maria Swift 66 61 83 76 67 114 67 100 68 702 Blanks 17 18 23 17 21 25 24 19 18 182 Totals 170 153 192 195 202 254 185 213 1861750 469 State Primary,September 15, 1998 cont. Republican Party Ballot, continued Pr.1 Pr.2 Pr.3 Pr.4 Pr.5 Pr.6 Pr.7 Pr.8 Pr.9Tota1 ATTORNEY GENERAL Brad Bailey 125 111 149 144 154 190 132 171 134 1310 Blanks 45 42 43 51 48 64 53 42 52 440 Totals 170 153 192 195 202 254 185 213 1861750 1 `-" SECRETARY OF STATE Dale C. Jenkins, Jr. 104 97 123 130 141 171 116 140 118 1140 Blanks 66 56 69 65 61 83 69 73 68 610 Totals 170 153 192 195 202 254 185 213 1861750 TREASURER Robert A. Maginn 114 98 137 130 143 164 116 149 119 1170 Blanks 56 55 55 65 59 90 69 64 67 580 Totals 170 153 192 195 202 254 185 213 1861750 AUDITOR Michael T Duffy 103 97 123 130 144 168 113 146 119 1143 Blanks 67 56 69 65 58 86 72 67 67 607 Totals 170 153 192 195 202 254 185 213 1861750 REPRESENTATIVE IN CONGRESS-Seventh District Patricia H. Long 119 112 133 141 155 197 125 160 138 1280 Blanks 51 41 59 54 47 57 60 53 48 470 Totals 170 153 192 195 202 254 185 213 1861750 COUNCILLOR-Third District(precincts 2,3,4,8,9) John Henry DeJong 91 120 128 140 115 594 Blanks 62 72 67 73 71 345 Totals 153 192 195 213 186 939 COUNCILLOR-Sixth District(precincts 1,5,6,7) Blanks 170 202 254 185 811 Totals 170 202 254 185 811 SENATOR IN GENERAL COURT-Fourth Middlesex District(precincts 1,5,6,7) Blanks 170 202 254 185 811 Totals 170 202 254 185 811 SENATOR IN GENERAL COURT-Fifth Middlesex District(precincts 2,3,4,8,9) Thomas F Healy 101 126 131 149 121 628 Blanks 52 66 64 64 65 311 Totals 153 192 195 213 186 939 REPRESENTATIVE IN GENERAL COURT-Fifteenth Middlesex District A.P. Cellucci 1 Blanks 169 153 192 195 202 254 185 213 186 1750 Totals 170 153 192 195 202 254 185 213 1861750 DISTRICT ATTORNEY -Northern District Lee Johnson 108 99 120 130 130 165 113 143 119 1127 Blanks 62 54 72 65 72 89 72 70 67 623 Totals 170 153 192 195 202 254 185 213 1861750 SHERIFF-Middlesex County Blanks 170 153 192 195 202 254 185 213 186 1750 Totals 170 153 192 195 202 254 185 213 1861750 470 State Primary,September 15, 1998 cont. REFORM PARTY BALLOT Pr.1 Pr.2 Pr.3 Pr.4 Pr.4 Pr.6 Pr.7 Pr.8 Pr.9Total GOVERNOR Blanks 0 0 0 0 0 0 0 0 0 0 Totals 0 0 0 0 0 0 0 0 0 0 LIEUTENANT GOVERNOR 1 Blanks 0 0 0 0 0 0 0 0 0 0 Totals 0 0 0 0 0 0 0 0 0 0 ATTORNEY GENERAL Blanks 0 0 0 0 0 0 0 0 0 0 Totals 0 0 0 0 0 0 0 0 0 0 SECRETARY OF STATE Blanks 0 0 0 0 0 0 0 0 0 0 Totals 0 0 0 0 0 0 0 0 0 0 TREASURER Blanks 0 0 0 0 0 0 0 0 0 0 Totals 0 0 0 0 0 0 0 0 0 0 AUDITOR Blanks 0 0 0 0 0 0 0 0 0 0 Totals 0 0 0 0 0 0 0 0 0 0 REPRESENTATIVE IN CONGRESS—Seventh District Blanks 0 0 0 0 0 0 0 0 0 0 Totals 0 0 0 0 0 0 0 0 0 0 COUNCILLOR—Third District(precincts 2,3,4,8,9) Blanks 0 0 0 0 0 0 Totals 0 0 0 0 0 0 COUNCILLOR—Sixth District(precincts 1,5,6,7) Blanks 0 0 0 0 0 Totals 0 0 0 0 0 SENATOR IN GENERAL COURT—Fourth Middlesex District(1,5,6,7) Blanks 0 0 0 0 0 Totals 0 0 0 0 0 SENATOR IN GENERAL COURT—Fifth Middlesex District(2,3,4,8,9) Blanks 0 0 0 0 0 0 Totals 0 0 0 0 0 0 REPRESENTATIVE IN GENERAL COURT—Fifteenth Middlesex District Blanks 0 0 0 0 0 0 0 0 0 0 Totals 0 0 0 0 0 0 0 0 0 0 DISTRICT ATTORNEY—Northern District Blanks 0 0 0 0 0 0 0 0 0 0 Totals 0 0 0 0 0 0 0 0 0 0 SHERIFF—Middlesex County Blanks 0 0 0 0 0 0 0 0 0 0 Totals 0 0 0 0 0 0 0 0 0 0 A true copy. Attest: 67141. iittraA/ Donna M. He bper, Town Clerk 471 WARRANT FOR STATE ELECTION - (SEE WARRANT FILE) STATE ELECTION -TUESDAY,NOVEMBER 3, 1998 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday,November 3, 1998,at 7 a.m. The following places were designated as the voting places for the various precincts:Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Lexington Senior High School; Precinct Five, Cary Memorial Building; Precinct Six,William Diamond Middle School;Precinct Seven, Joseph Estabrook School;Precinct r' Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The Election Officers of the various precincts were assigned for duty as follows: Precinct One Precinct Two Warden: D Eileen Fradette D Gerald Abegg Clerk. D Judith Marcus D Donna Alexson/Rita Casey(D) Inspectors: D Claire Abernathy U Frances Daveta D Margaret Blouin R Owen Lafley D Robert Blouin U Kenneth MacWilliams U Margaret Kelly D George McCormack R John McCarthy U Marjorie McNicholas U Martha Shurtleff U Clifford Pehrson D Bernice Weiss D Roselyn Torci Precinct Three Precinct Four Warden: U Marjorie Modoono D Gulli Kula Clerk: U Alice G. Hopkins R Richard Crawford Inspectors: D Raymond Carberry U Beverly Aker U Lillian Drury U Mary Devoe U Helen Euart R Raymond Flynn D Bess Ezekiel U Duncan MacQueen D Marcia Flint D Dana Regillo U Alice Jones R Eleanor Smith — U Blanche Spilewski R Gladys Snyder Precinct Five Precinct Six Warden: D Eric Kula R Dorothy Boggia Clerk: U Grace Ayers/Joseph Campbell(U) U Mary Casey Inspectors. R Hazel Allison U Francis Coscia D Audrey Deshler U Alla Fedus R Dorothy Gauthier D Elizabeth Fleming D Lucy Simeone D Katherine Geanacopulos R Burton Smith U Harriet Morrison D Priscilla Winter R Barbara Simmons D Martha Zani R William Simmons Precinct Seven Precinct Eight Warden: R Estelle Szalajeski D Catherine Jones/Doris Barclay(U) Clerk: U Bernice Gerrig D Phyllis Richardson Inspectors: D Clark Cowen R Elinor Bettencourt D Mildred Collentro R Robert Edwards D Robert Greenway U Nicholas Hay D Edna Holloran U Audrey Hosford U Elizabeth McDonough U Cecil Jones D Muriel Taylor D Donald Macbeth D Ephraim Weiss Precinct Nine Warden: U John Taylor Clerk: R Carol Scalise Inspectors: R Elizabeth Adam D Robert Ryan U Carole Butler U Judith Schuler R Janet Lowther U Anne Taylor D Edith Paster 1 472 1 State Election,Tuesday,November 3, 1998 cont. The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at 7 a.m. and remained open until 8 p.m., at which time, after due notice, they were declared closed. The total number of registered voters in each precinct eligible to vote as of October 14, 1998: REGIS l'ERED —. PRECINCT VOTERS DEM REP UNENROLL REFORM 1 1958 839 303 811 2 2382 1133 298 946 3 2509 976 433 1096 4 2455 1059 347 1047 5 2344 924 418 996 1 6 2485 1062 446 972 7 2256 929 343 978 2 8 2385 934 433 1013 9 2188 811 342 1030 TOTALS 20962 8667 3363 8889 3 Totals include the following: Green Party: Pr. 8-1 Prohibition: Pr. 5-1 Socialist: Pr. 3-1; Pr.6-1 Inter 3rd Party: Pr. 1-4; Pr.2-3; Rainbow Coalition: Pr.5-1 Pr. 3-1; Pr 4-1; Pr.6-1; Pr 7-2; Libertarian. Pr.1-1; Pr.2-3; Pr.3-2; Pr.4-1; Pr.5-4; Pr.6-3 Pr 8-1 Pr.7-1; Pr 8-3; Pr.9-5 --, —.... ABSENTEE BALLOT BREAKDOWN Applications Returned Ballots Election Day 10'h Day Out of USA Precinct Processed Too Late Rejected Ballots Counted Ballots Counted 1 6 13 0 40 1 2 92 5 0 81 0 3 104 1 0 91 1 4 98 1 0 81 1 5 71 1 0 61 2 6 87 1 2 75 1 7 57 2 0 53 1 8 56 1 0 53 0 9 53 0 1 47 0 Total 678 25 3 582 7 I ' - I Recap sheets were delivered to the Board of Registrars in the Comptroller's Office. 64.11% of the registered voters voted. 589 absentee ballots were cast. —.) The Town Clerk and members of the Board of Registrars Mary Abegg, Connie Foster and Luanna Devenis canvassed the results of all ballots received as of 8:00 p.m. November 3, 1998, and at a special meeting of the Board of Registrars at 5:00 p.m. on November 13, 1998 those ballots received from outside the United States as of 5:00 p.m. November 13, 1998, with results as follows: i - -- - - - 473 State Election,Tuesday,November 3, 1998 cont. TOTALS PRI PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9 Totals 13440 1219 1564 1527 1600 1458 1671 1511 1552 1338 GOVERNOR/LIEUTENANT GOVERNOR Cellucci/Swift 5492 521 547 610 597 646 713 618 640 600 Harshbarger/Tolman 7603 665 983 882 966 771 921 848 858 709 Cook/Israel 200 18 21 16 15 27 23 30 36 14 All Others 6 1 2 2 1 -Blanks 139 15 12 19 22 14 12 13 18 14 TOTALS 13440 1219 1564 1527 1600 1458 1671 1511 1552 1338 ATTORNEY GENERAL Brad Bailey 4150 361 413 451 473 511 551 468 490 432 Thomas F Reilly 8663 798 1087 1015 1055 867 1035 993 976 837 All Others 1 1 -Blanks 626 60 64 61 72 80 85 50 86 68 TOTALS 13440 1219 1564 1527 1600 1458 1671 1511 1552 1338 SECRETARY OF STATE William Francis Galvin 8548 773 1055 1005 1038 879 1046 985 965 802 Dale C.Jenkins,Jr 3230 282 303 354 366 409 421 364 382 349 David L.Atkinson 564 48 72 59 69 63 65 61 65 62 -Blanks 1098 116 134 109 127 107 139 101 140 125 TOTALS 13440 1219 1564 1527 1600 1458 1671 1511 1552 1338 TREASURER Bob Maginn 4378 371 415 470 502 567 594 499 492 468 Shannon P O'Brien 7735 712 986 927 933 750 926 893 875 733 Merton B. Baker 340 34 44 33 43 35 35 41 45 30 -Blanks 987 102 119 97 122 106 116 78 140 107 r-- TOTALS 13440 1219 1564 1527 1600 1458 1671 1511 1552 1338 AUDITOR A.Joseph DeNucci 7620 757 967 872 908 793 908 854 839 722 Michael T Duffy 3934 295 389 451 470 464 532 460 466 407 Carla A. Howell 758 58 85 90 92 86 77 90 98 82 -Blanks 1127 109 123 114 130 115 154 107 149 127 TOTALS 13440 1219 1564 1527 1600 1458 1671 1511 1552 1338 REPRESENTATIVE IN CONGRESS—7th District Edward J. Markey 8568 767 1092 980 1096 853 1023 978 970 810 Patricia H. Long 4301 391 419 473 449 542 574 489 495 469 -Blanks 571 61 53 74 55 63 74 44 87 59 TOTALS 13440 1219 1564 1527 1600 1458 1671 1511 1552 1338 COUNCILLOR 3RD DIST. John Henry DeJong 2160 384 422 471 473 410 Marilyn Petitto Devaney 3907 796 830 854 766 661 -Blanks 1514 384 275 275 313 267 TOTALS 7581 1564 1527 1600 1552 1338 COUNCILLOR 6TH DIST. Michael J Callahan 3508 733 888 980 907 All Others 1 1 -Blanks 2350 486 569 691 604 TOTALS 5859 1219 1458 1671 1511 SEN. IN GEN.COURT- 5TH DIST Susan C. Fargo 5033 1121 1026 1094 973 819 Thomas F Healy 2020 344 402 411 461 402 All Others 1 1 -Blanks 527 98 99 95 118 117 TOTALS 7581 1564 1527 1600 1552 1338 474 State Election,Tuesday,November 3, 1998 cont. TOTALS PRI PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9 Totals 13440 1219 1564 1527 1600 1458 1671 1511 1552 1338 SEN. IN GEN.COURT-4TH DIST Robert A. Havern, III 3717 796 924 1031 966 All Others 1 1 -Blanks 2141 423 533 640 545 TOTALS 5859 1219 1458 1671 1511 REP IN GENERAL COURT Jay R. Kaufman 9818 825 1229 1157 1226 1000 1201 1067 1152 961 All Others 5 2 1 1 1 -Blanks 3617 394 333 369 374 457 470 444 400 376 TOTALS 13440 1219 1564 1527 1600 1458 1671 1511 1552 1338 DISTRICT ATTORNEY Martha Coakley 8889 811 1120 1026 1109 931 1084 1003 987 818 Lee Johnson 3295 275 320 364 349 391 435 382 408 371 -Blanks 1256 133 124 137 142 136 152 126 157 149 TOTALS 13440 1219 1564 1527 1600 1458 1671 1511 1552 1338 SHERIFF James V DiPaola 8680 770 1079 1058 1061 910 1016 916 1014 856 All Others 5 1 1 1 1 1 -Blanks 4755 449 484 468 539 547 654 595 538 481 TOTALS 13440 1219 1564 1527 1600 1458 1671 1511 1552 1338 QUESTION#1 -Proposed Amendment to Constitution—Legislator's Base Pay Yes 7738 662 898 910 898 830 957 903 872 808 No 3470 271 414 377 425 387 482 426 385 303 -Blanks 2232 286 252 240 277 241 232 182 295 227 TOTALS 13440 1219 1564 1527 1600 1458 1671 1511 1552 1338 QUESTION#2—Law Proposed by Initiative Petition—Public Financing of Campaigns Yes 8396 686 1021 963 1044 888 1069 971 935 819 No 2911 294 297 334 294 336 374 350 343 289 -Blanks 2133 239 246 230 262 234 228 190 274 230 TOTALS 13440 1219 1564 1527 1600 1458 1671 1511 1552 1338 QUESTION#3—Law Proposed by Initiative Petition—State Tax Rate for Interest and Dividend Income Yes 9286 795 999 1059 1090 1022 1242 1099 1048 931 No 1776 173 273 207 212 176 181 198 194 162 -Blanks 2378 251 292 261 298 259 248 214 310 245 TOTALS 13440 1219 1564 1527 1600 1458 1671 1511 1552 1338 QUESTION#4—Referendum on Existing Law—Electric Utility Industry Yes 7603 674 840 824 883 871 986 868 870 787 No 3833 341 486 484 447 376 473 471 400 355 -Blanks 2004 204 238 219 270 211 212 172 282 196 TOTALS 13440 1219 1564 1527 1600 1458 1671 1511 1552 1338 r A true copy. Attest: Donna M. Hooper, Town thlerk 475 SPECIAL TOWN MEETING November 9, 1998 (See Warrant File for Warrant) The meeting was called to order by the Moderator, Margery M. Battin at 8:00 p.m. in Cary Memorial Hall. There were 168 Town Meeting Members present. 8:03 p.m. Town Clerk, Donna M. Hooper, read the warrant for the meeting until further reading was waived. The Town Clerk read the Constable's Return of the Warrant. 1 8:05 p.m. The Moderator announced the procedures for the conduct of the meeting. Precinct Clerks were appointed as tellers and Katherine Abbott, Appropriation Committee, is to serve as teller for the at-large members and members serving on Boards and Committees. 8:08 p.m. The Moderator declared that Article 1 was now before the meeting and would remain open throughout the meeting. ARTICLE 1: REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES 8:08 p.m. Paul Lapointe, Chairman of the Appropriation Committee, moved that the joint report of the Appropriation and Capital Expenditures Committee be accepted and placed on file. The motion by Mr. Lapointe to accept the joint report of the Appropriation and Capital Expenditures Committee was adopted unanimously. 8:09 p.m. The Moderator declared the meeting open under Article 2. ARTICLE 2: REMODELING/CONSTRUCTION OF TOWN SCHOOLS 8:09 p.m. Presented by Ms. Barrie Peltz, School Committee. 8.09 p.m. Ms. Peltz presented brief introductory comments and introduced interim Superintendent Karla Brooks Baehr and other school administration staff. 8:13 p.m. Ms. Peitz moved: MOTION:That the sum of $52,235,000 be appropriated for planning, constructing, originally equipping and furnishing additions to and remodeling, reconstructing and making extraordinary repairs to Lexington High School, Clarke Middle School, and Diamond Middle School; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $52,235,000 under Chapter 44 of the General Laws or Chapter 645 of the Acts of 1948 as amended; and that the Permanent Building Committee is authorized to take all action necessary to carry out this project, provided, however, that no debt may be incurred under this vote for any one of the listed schools except for up to $6,000,000 for planning and other preliminary expenses until the State Department of Education has acknowledged receipt of a completed project application, and provided further that this vote shall not take effect until the Town votes to exempt from the limitation on total taxes imposed by G.L.c.59,§21C (Proposition 2 '/2) amounts required to pay the principal of and interest on the borrowing authorized by this vote. 8:13 p.m. Ms. Peltz presented explained the needs for school remodeling/ construction, including projected school population increases, as well as changes from prior year's proposal,reductions in site work and landscaping plans, and project cost summary. She thanked various committees and boards for their work over the past year. 8:30 p.m. Charles Hornig, Capital Expenditures Committee, expressed the committee's unanimous support for the motion. 476 SPECIAL TOWN MEETING—NOVEMBER 9, 1998 cont. 8:31 p.m. Mr. Hornig requested the Moderator recognize Steve Coit, Appropriation Committee. The Moderator recognized Mr. Coit who explained the impact of excluded debt on the tax rate, and that the Committee estimated the proposed amount represented approximately a$25 increase per $100,000 assessed value over the Pine Meadows cost. Mr. Coit also explained the Board of Selectmen had voted to undertake a bonding schedule which pays less principal early and pushes out costs a bit, shaving the peak years. _ 8:36 p.m. Board of Selectman Chairman Peter Enrich stated the Selectmen unanimously support the motion and proposal, and further stated how far the Town has come over the past year through the hard work of many, including the Permanent Building Committee, Ad Hoc Committee, School Committee, School staff, and financial committees. Mr. Enrich expressed that this was a proposal we can all be proud . 8:39 p.m. Margaret Coppe,pr.9, moved a roll call vote on the motion if 49 also request a roll call vote. More than 50 members rising in support of a roll call, the Moderator declared a roll call vote in order when the vote is taken. 8:40 p.m. Ira Bernstein,pr.2, spoke in favor of the proposal, and of the work to be done, of last year's unsuccessful attempt, and the need for Town Meeting Members to connect with the community. 8:44 p.m. The Moderator recognized Mr Jonathan Longley, 15 Westwood Road, from the audience. Mr. Longley questioned prior plans to build a third middle school at the Diamond site and the recent reference that Harrington School site is a better alternative for the third middle school. 8:47 p.m. Barrie Peltz, School Committee, explained the School Committee had looked at the possibility of a third middle school, which would have a base ---� price of approximately $20,000,000. Such a school would not remove the need to renovate both Diamond and Clarke Middle Schools and would be viewed as non-enrollment driven and not funded as readily by the State. The Committee then rejected the alternative in favor of the current proposal. 8:48 p.m. Mr. Longley continued with an explanation to support a third middle school. 8:51 p.m. Marjorie Daggett, pr.6, spoke for the League of Women Voters, which supported the proposal. 8:52 p.m. Stephen Trip, 12 Freemont St., cochairman of Citizens for Responsible Spending, questioned assertions made in a recent flyer regarding heating issues at the high school. Mr. Tripi further stated that this project would be the first of more phases. 8:54 p.m. John Moynihan, Director of Facilities and Buildings, addressed Mr. Tripi's question and stated he was unaware of the data. 8:55 p.m. Ira Bernstein,pr.2, stated the information had been provided by the high school principal. 8.55 p.m. Perry Pollins,pr.5, spoke of persons leaving Lexington due to increased taxes. 9:00 p.m. Dawn McKenna,pr.9, spoke in support. 9:01 p.m. Michael Schroeder,pr.9, questioned off-set payment of debt service and payments received from the Commonwealth, stating that the cost of the motion is $52,235,000. 477 SPECIAL TOWN MEETING—NOVEMBER 9, 1998 cont. 9:06 p.m. Selectman Chairman Peter Enrich explained that Mr. Schroeder's interpretation of the amount added to the tax levy is the net amount after reimbursement received from the State. 9:09 p.m. Town Counsel Norman Cohen explained there was no choice, Mr. Enrich is 100%correct. 9:10 p.m. Donald Jenkins, pr.8, requested Ms. Peltz to clarify savings from prior year's proposal, and that the $6,000,000 savings was the gross savings. ' 9.11 p.m. Ms. Peltz explained that the $6,000,000 is the gross savings this year from last year's proposal. 9:11 p.m. Mr. Jenkins further questioned the issue and if the $6,000,000 is the estimated savings from the same three schools. Ms. Peltz explained the $6,000,000 is a reduction in construction costs between the two proposals,with 4 schools included in the 1997 proposal and 3 schools in this proposal. 9:12 p.m. Mr. Jenkins questioned a$2,400,000 net savings from last year 9:12 p.m. Selectman Chairman Peter Enrich further explained the gross and net costs for the 1997 and 1998 proposals,with the gross construction cost of the 3 schools reduced by $6,000,000 and the net cost of the total project also reduced by $6,000,000. 9:14 p.m. Mr. Jenkins questioned net cost for the same 3 schools in 1997 & 1998. 9:15 p.m. Mr. Enrich clarified that the difference in construction cost is one element of the project and further explained total project costs. 9:16 p.m. Steve Coit, Appropriation Committee, further provided cost comparisons between the two proposals. 9:17 p.m. Don Jenkins,pr.8, explained that the discussion just had indicates much clarification is needed on this project and requested an additional clarification on estimated increases to operating costs after completion of the project. 9:19 p.m. John Moynihan, Lexington Public Schools, explained they had previously calculated in 1997 the costs and that he would be happy to provide the information to Mr. Jenkins. 9:20 p.m. David Kanter,pr.7, spoke in support of the motion and questioned if the decision this evening formally bound financing schemes. 9:22 p.m. Mr. Geza Szonyi, 177 Cedar Street, questioned Ms. Peltz on 10 year forecasts for student populations. 9:23 p.m. The Moderator declared that the question was now before the meeting and that a roll call vote was in order. 478 SPECIAL TOWN MEETING—NOVEMBER 9, 1998 cont. 9:23 p.m. The Town Clerk called the roll,tallied as follows: Yes No Abstain Absent Yes No Abstain Absent PRECINCT 1 PRECINCT 2 [Joel A.Adler X Ira Bernstein X Nancy M. Adler X Marian A.O Cohen X [James E. Barry X I 'Robert W Cunha X (Carol A. Batstone X I I I I 'Thomas R. Diaz I X 'Laura L. Boghosian ( I X I(Karen A. Dooks I X I , [Mary Bowes I ' X I 'Leonora K.Feeney X [John P Breen X I I I IMarita B. Hartshorn X I j Francis V Busa I X Myla Kabat-Zinn X I I [Jean W Cole X I I Paul H. Lapointe X 'Jonathan G Cole X I I Daniel A. Lucas X Mhn E.Curry X 'Andrew McAleer X arsha S. Goldberg X I Barry Orenstein X Nancy C. Gordon ' X Michael J.O'Sullivan X Eric Jay Michelson X Laurie Avallone Rice X 'Barry E. Sampson X David Rudner X 'Carol J Sampson X I Renee D Varrin X j ' 'Charles E. Shaw ( X 'Christina J. Welch X Paul G Topalian X I'Alan B. Wilson ( X 'Albert P Zabin X I[Carolyn C. Wilson j X [Judith L.Zabin X ' I [Donald D. Wilson X (Rae Zuerndorfer X ' I [James S. Wilson I X I I I PRECINCT 3 Yes No Abstain I Absent I 1 PRECINCT 4 Yes No Abstain Absent (Samuel Berman I X I Nyles Nathan Barnert I X Nancy M. Cannalonga X I IScott F Burson X Nicholas A.Cannalonga X I I 'Donald A.Chisholm j X (John P.Carroll X I I Stephen E.Coit ( X [Robert N Cohen X ( I(Ronald W. Colwell ' X 'Bruce Collier X I [John L. Davies X [Jacqueline B. Davison X I I [David J. Harris ' X ' j r [Richard R. Eurich X ' I Carol B. Hartman I X [Shirley Rauson Frawley X , I Peter C.J. Kelley I X .r Carol J.Grodzins X I I Frederick L. Merrill,Jr I X Gloria V Holland X I I'Ann H.Miller I I X (Paul E. Keane X I I 'Barrie Peitz ' X (Douglas M. Lucente X I 'Margaret F Rawls I X Marjorie K. Madoff X I Kenneth A. Reich X Marilyn K. Mairson X I Nicholas Santosuosso I X Mary E.Neumeier [ X I Sandra J Shaw I X 'Richard L.Neumeier I X I I I Ruth S.Thomas j X 'Paul J. Rose j I X I Judith J. Uhrig X I 'Robert Rotberg I j X Michael Wagner I I X 'Francis W.K. Smith I X I I Jeannette P Webb X Caleb Warner I XI I Martin K. White i X i I II PRECINCT 5 I Yes I No Abstain Absent I I PRECINCT 6 I Yes I No 'Abstain Absent Marsha F Byrnes I X I [Suzanne E. Barry I I I X [Howard Cravis I X I Florence A. Baturin I X I I 'Ira W. Crowe I X I (Cynthia L.Blumsack I I X 'Wallace Cupp I X I (Paul Chernick I X I I I Melinda D Dietrich X I I (Marjorie M. Daggett I X 'Irene M.Dondley j X I Marshall J Derby ( X 'Elaine Dratch I X I Kate Priscilla Diamond X 'Andrew J Friedlich ( X ' I Peter Diamond X 'Paul E. Hamburger I X I Iebe Fallick I X 'John Hayward I X I I I I Anthony G. Galaitsis I X (Sally S. Huebscher I I I I X I Edmund C.Grant I X I I I (Carol A.Liff I X I I David L.Kaufman I X I I I Margaret C.Nichols I X I I I I'Alan J Lazarus I X I ' I Perry Pollins I I X I I I Martin Long I X I 'Samuel L. Powers I X I I I I [Jane Pagett I X [James M. Shaw I I I X I 'Richard Pagett I X I i [Sam Silverman I X I'Anne A. Ripley X ( ' Charles T. Vail I I X I I !Edith Sandy X Ephraim Weiss I X I Frank Sandy I X I David G. Williams I X I I(Sheldon A.Spector I X Mary Kathryn Wolf I X I I I I[John S.Willson I X 479 SPECIAL TOWN MEETING—NOVEMBER 9, 1998 cont. roll call tally, cont. I PRECINCT 7 I Yes No Abstain Absent I PRECINCT 8 Yes I No Abstain Absent 'Catherine M.D Abbott X Richard H. Battin X i 'Marsha E. Baker X ' Roger F. Borghesani X I I INeal E. Boyle,Jr. X [Elizabeth J.Bryant X I George A. Burnell X Florence E. Connor X ' 'Steven L. Colman X 'John T.Cunha X I i f 'Clark A. Cowen X 'Jewel S.Douglass X ' ' I (Robert G.Coyne X 'Diana T.Garcia X I ' L_ 'Robert M.Farias X done D.Garing X I I 'Audrey J Friend X 'Charles Hornig X I f 'Alan Garber X 'Steven J.Hurley X ' ' 'Gordon M. Hardy X 'Donald Jenkins,Jr. X 'David G Kanter X Paul W.Jenkins X X 'Jonathan S. Lederman 'Morton G Kahan X Fred H. Martin X ' I'Alan Mayer Levine X Mary W. Miley X 1 IRichard A. Michelson X David G. Miller X I 'H. Bigelow Moore X I Joyce A. Miller X I dames A.Osten X John E.Taylor X ' ( I Margaret Bradley Schwartz X 'James C. Wood,Jr X +'Carolyn H. Tiffany X Martha C. Wood X ' ' I'Elizabeth C. Whitman X ' 'Alan A. Wrigley X ' "Robert V Whitman X j ' I I II I ' PRECINCT 9 Yes No Abstain Absent" AT-LARGE Yes No Abstain Absent Alice J. Adler X I'Margery M. Battin X 'Richard L.Canale X I'Daniel P. Busa,Jr X 'Michelle L.Ciccolo ' X ' Norman P Cohen X 'Anthony B.Close X ' I Elizabeth B.Eddison X 'Margaret E.Coppe X ' I Peter David Enrich X 'Susan R.Cusack X 'Dan H. Fenn,Jr X I 'Susan A. Elberger X ( 'Donna M. Hooper X I r-- [Thomas O. Fenn X 'Jay R. Kaufman X 'Louise v.T. Kava X 'Jeanne K. Krieger X `._ 'Janice A. Kennedy J X William P. Kennedy X 'Henry Norman Manz X Paul E. Mazerall X Yes No Abstain Absent 'Dawn E. McKenna X [TOTAL VOTE 147 16 5 30 Ilsabel H. Mroczkowski ' X Planet M. Perry X 'Loretta A. Porter X Fred D. Rosenberg X ' ' Richard Schaye X 'Michael E. Schroeder X 'Dorris P Traficante X ' ' 9:44 p.m. The Moderator announced 147 having voted in the affirmative, 16 in the negative, and 5 abstentions, more than the required two-thirds having voted in favor, the motion is declared adopted. 9:45 p.m. Board of Selectmen Chairman Peter Enrich moved that this meeting be dissolved. Adopted unanimously at 9:45 p.m. A true copy. Attest: IA 011/1 Donna M. Hooper, Tow Jerk 1 480 WARRANT FOR SPECIAL TOWN ELECTION-(SEE WARRANT FILE) SPECIAL TOWN ELECTION—MONDAY,DECEMBER 7, 1998 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday December 7, 1998, at 7 a.m. The following places were designated as the voting places for the various precincts:Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Lexington Senior High School; Precinct Five, Cary Memorial Building; Precinct Six,William Diamond Middle School;Precinct Seven, Joseph Estabrook School,Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School. The Election Officers of the various precincts were assigned for duty as follows: Precinct One Precinct Two Warden: Eileen Fradette Robert Edwards Clerk: Judith Marcus Donna Alexson Inspectors: Robert Blouin Dorothy Bond Margaret Blouin Rita Casey Marjorie McNicholas Owen Lafley Martha Shurtleff Kenneth MacWilliams Robert Taggart Clifford Pehrson Bernice Weiss Roselyn Torci Precinct Three Precinct Four Warden: Marjorie Modoono Gulli Kula Clerk: Alice G Hopkins Richard Crawford Inspectors• Mary Devoe Elizabeth Adam Helen Euart Beverly Aker Marcia Flint Raymond Flynn Duncan A. MacQueen Dana Regillo Elizabeth Patrician Eleanor Smith Phillip Pullen Gladys Snyder Precinct Five Precinct Six Warden: Eric Kula Dorothy Boggia Clerk: Grace Ayers Mary Casey Inspectors: Hazel Allison Alla Fedus Ronald Byrne , Katherine Geanacopulos Burton Smith Harriet Morrison Priscilla Winter Barbara Simmons Martha Zani William Simmons Precinct Seven Precinct Eight Warden: Estelle Szalajeski Joseph Campbell Clerk: Bernice Gerrig Phyllis Richardson Inspectors: Mildred Collentro Claire Abernathy Robert Greenway Eleanor Allen Nicholas Hay Elinor Bettencourt Mary A. Hefron Audrey Hosford Edna Holloran Donald Macbeth Elizabeth McDonough Paul Shaughnessy '---J Precinct Nine Warden: John Taylor Clerk: Carol Scalise Inspectors: Janet Lowther Edith Paster Judith Schuler Clark S. Schuler Anne Taylor 481 SPECIAL TOWN ELECTION—MONDAY,DECEMBER 7, 1998 The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at 7 a.m. and remained open until 8 p.m., at which time, after due notice,they were declared closed. The total number of registered voters in each precinct eligible to vote as of November 17, 1998 is as follows: REGISTERED PRECINCT VOTERS DEM REP UNENROLL LIBERTARIAN 1 1953 829 293 827 1 2 2382 1125 294 958 3 3 2510 958 421 1127 2 4 2458 1057 342 1057 1 5 2354 918 415 1015 4 6 2486 1042 441 998 3 7 2255 923 339 987 1 8 2390 934 431 1020 3 9 2193 815 335 1038 5 TOTALS 20981 8601 3311 8653 23 Totals include the following. Green Party: Pr. 8— 1 Prohibition: Pr. 5 - 1 Inter 3rd Party: Pr. 1 - 3 Socialist: Pr. 3 - 1 Pr. 2 - 3 Pr 6 - 1 Pr. 3 — 1 Reform: Pr. 7 - 1 Pr. 4— 1 Rainbow Coalition: Pr. 5 - 1 Pr. 6— 1 Pr. 7 -2 Pr. 7 -2 Pr. 8 - 1 Recap sheets were delivered to the Board of Registrars in the Comptroller's Office. 45.5%of the registered voters voted. Of the total 485 absentee ballots requested, 382 absentee ballots were cast. The Town Clerk and members of the Board of Registrars Mary Abegg, Connie Foster and Luanna Devenis canvassed the results as follows: QUESTION#1: Shall the Town of Lexington be allowed to exempt from the provisions of proposition two and one-half,so-called,the amounts required to pay for the bonds to be issued for planning, constructing,originally equipping and furnishing additions to and remodeling,reconstructing and making extraordinary repairs to Lexington High School, Clarke Middle School and Diamond Middle School? TOTALS PRI PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9 QUESTION#1 Totals 9544 799 1106 1012 1171 1033 1235 1108 1206 874 Yes 6327 442 775 668 852 611 859 755 845 520 No 3191 353 327 344 316 410 376 352 361 352 Blanks 26 4 4 3 12 1 2 A true copy. Attest: XL/114)1i Donna M. Hooper, To4n Clerk 402 Jewel S. Douglass, pr.8, moved from 51 Worthen Road to 10 Meriam St. (pr.6) and will cease to be a town meeting member from precinct 8 effective the next Annual Town Election. Suzanne E. Barry, 159 Burlington Street, resigned as a Town Meeting Member from Precinct Six exkitaausiwsb.s..A. A.2cliqcxicStxxxItexcxxciazzixtrterelmcgmxarfklawcx Nountxxlafkloodclacxixeurrxiskicerzbsds&A.A441, 21taczcalxxlc.pdc9a*xilzararadoacuanDMIcixagirafiqc effective February 9, 1999. Mary W. Miley, 29 Robinson Road, resigned as a Town Meeting Member from Precinct Seven effective February 8, 1999. m Marita B. Hartshorn, 28 Locust Avenue, resigned as a Town Meeting Member ..� from Precinct Two effective February 1, 1999. Rae Zuerndorfer, 31 Sanderson Road, resigned as a Town Meeting Member from Precinct One effective January 28, 1999. Town Election March 1, 1999 483 WARRANT FOR TOWN ELECTION—(SEE WARRANT FILE) TOWN ELECTION—MONDAY,MARCH 1, 1999 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday,March 1, 1999,at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Lexington Senior High School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School, Precinct Seven, Joseph Estabrook School; Precinct Eight,Central Fire Station;Precinct Nine,Maria Hastings School The Election Officers of the various precincts were assigned for duty as follows: Precinct One Precinct Two Judith Marcus Warden Robert Edwards Margaret Blouin Clerk Dorothy Bond,Donna Alexson Robert Blouin Inspectors Alice Bevington Margaret Kelly Rita Casey Clifford Pehrson Owen Lafley Viola Pike George F. McCormack Martha Shurtleff Marjorie McNicholas Bernice Weiss Precinct Three Precinct Four Marjorie Modoono Warden Gulli Kula Alice Hopkins Clerk Richard Crawford Maarib Ba77az Inspectors Beverly Aker Raymond Carberry Mary Devoe Lillian Drury Dana Regillo ,__,_ Helen Euart Eleanor Smith Marcia Flint Gladys Snyder Duncan A. MacQueen Blanche Spilewski Precinct Five Precinct Six Eric Kula Warden Dorothy Boggia Grace Ayers Clerk Mary Casey Audrey Deshler Inspectors Francis Coscia Dorothy Gauthier Alla Fedus Cecil Jones Katherine Geanacopulos Lucy Simeone Harriet Morrison Alice Stringos Barbara Simmons Robert Taggart Burton Smith Priscilla Winter Precinct Seven Precinct Eight A. Estelle Szalajeski Warden Donald Macbeth Bernice Gerrig Clerk Ruth Thomas Mildred Collentro Inspectors Claire Abernathy Clark Cowen Elinor Bettencourt Robert Greenway Nicholas Hay Edna Holloran Audrey Hosford Mary Joseph Kenneth MacWilliams Elizabeth McDonough Paul Shaughnessey Muriel Taylor Precinct Nine Clark S. Schuler Warden Eileen Fradette Carole Scalise Clerk Carole Butler Inspectors Janet Lowther Edith Paster Robert Ryan Judith A. Schuler The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at 7.00 a.m.and remained open until 8.00 p.m.,at which time, after due notice,they were declared closed. 484 Town Election March 1, 1999 The total number of registered voters in each precinct eligible to vote as of February 9, 1999 is as follows: REGISTERED PRECINCT VOTERS DEM REP UNENROLL LIBER 1 1959 823 293 838 2 2 2407 1138 287 977 3 3 2515 957 427 1127 1 4 2470 1063 344 1061 1 5 2355 917 414 1018 4 6 2497 1042 433 1017 3 7 2256 923 340 987 1 8 2394 935 432 1023 2 9 2204 822 335 1042 5 TOTALS 21057 8620 3305 9090 22 Totals include the following: Green Party. Pr 8— 1,Inter.3'd Party- Pr 1—3,Pr 2—2,Pr.3—2, Pr 4— 1, Pr.6— 1, Pr 7—2,Pr.8—1;Prohibition. Pr.5—1,Rainbow Coalition. Pr 7— 1, Reform. Pr.5— 1,Pr.7—2,Socialist:Pr.3—1,Pr.6—1 Election results were delivered to the Board of Registrars in the Town Clerk's Office from 8 45 p.m.to 9:30 p.m. The Town Clerk and members of the Board of Registrars Mary Abegg,Connie ' Foster and Luanna Devenis canvassed the results as follows: Precinct 1 409 voters cast their votes Precinct 5 517 voters cast their votes Precinct 2 597 voters cast their votes Precinct 6 674 voters cast their votes Precinct 3 574 voters cast their votes Precinct 7 674 voters cast their votes Precinct 4 635 voters cast their votes Precinct 8 636 voters cast their votes Precinct 9 503 voters cast their votes Total 5239 voters cast their vote. 25%of the registered voters voted,with 203 absentee ballots cast. ABSENTEE BALLOT BREAKDOWN Precinct Applications Processed Ballots Cast Rejected/Late 1 22 20 2 20 19 3 41 34 2 ---, 4 23 22 1 5 16 16 6 22 18 7 29 27 1 8 19 18 9 31 29 Total 233 203 4 RESULTS PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL j REGISTERED 1959 2407 2515 2470 2355 2497 2256 2394 2204 21057 TOTAL VOTES 409 597 574 635 517 694 674 636 503 5239 PERCENTAGES 21% 25% 23% 26% 22% 28% 30% 26% 23% 25% PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 TOTAL SELECTMAN (Two for 3 years) *CATHERINE M.D.ABBOTT 196 387 358 430 305 464 493 441 309 3378 ROBERT N.COHEN 212 246 243 257 239 315 271 256 280 2317 *DAWN E. MCKENNA 246 367 336 384 303 387 364 382 253 3020 ALL OTHERS 1 9 1 1 5 6 2 2 3 30 BLANKS 163 185 210 198 182 216 218 191 161 1724 *elected for three years --) MODERATOR (One for 1 year) —✓ 1 *MARGERY M.BATTIN 277 448 415 476 381 518 476 470 372 3828 ALL OTHERS 0 1 1 1 0 2 1 3 0 9 BLANKS 132 148 158 158 136 174 197 163 11 1277 *elected for one year SCHOOL COMMITTEE (One for 3 years) *ROBIN B.DIGIAMMARINO 268 453 411 476 356 504 439 451 355 3709 ALL OTHERS 2 0- 1 2 1 1 2 5 1 15 BLANKS 139 144 162 157 160 189 233 180 147 1511 *elected for three years Town Election March 1, 1999 485 PLANNING BOARD (One for 5 years) *FREDERICK MERRILL,JR. 234 364 355 423 319 435 380 392 311 3209 ALL OTHERS 2 0 1 1 0 1 1 1 0 7 BLANKS 173 233 218 211 198 258 293 243 192 2019 *elected for five years LEXINGTON HOUSING AUTHORITY (One for 5 years) *NANCY M.CANNALONGA 277 384 378 423 350 439 397 417 344 3404 — ALL OTHERS 1 2 1 3 0 2 0 1 1 11 BLANKS 131 211 195 209 167 253 277 218 158 1819 *elected for five years TOWN MEETING-PRECINCT 1 (Seven for 3 years) *NANCY M.ADLER 221 *COLLEEN B.AMIRSAKIS 179 *JAMES E. BARRY 211 *DANIEL P BUSA,JR. 244 *MARY BOWES 216 JANET MORAN 26 *FRANCIS V BUSA 247 MARSHA GOLDBERG 7 *ALBERT P ZABIN 213 TIMOTHY HILL 2 *elected for three years PETER M.COLE 3 ALL OTHERS 8 BLANKS 1286 TOWN MEETING-PRECINCT 2 (Seven for 3 years; One for 1 year) *ROBERT W CUNHA 332 *LUCY LOCKWOOD 357 **LEONORA K.FEENEY 309 LAUREN MACNEIL 71 **PAUL H.LAPOINTE 309 LAURIE RICE 7 *DANIEL A.LUCAS 324 WILLLIAM WELCH 2 1 *CHRISTINA J WELCH 336 ALL OTHERS 12 *ROBIN DIGIAMMARINO 406 BLANKS 1989 *MERRILL A. FORMAN 322 *elected for three years; **tie to be broken by vote of precinct-3 year and 1 year placement TOWN MEETING-PRECINCT 3 (Seven for 3 years;One for 1 year) *NICHOLAS CANNALONGA 273 *WILLIAM J FRAWLEY 274 *JOHN P.CARROLL 258 V ARTHUR KATZ 213 RICHARD R.EURICH 177 *DAVID J KESSLER 242 *GLORIA V HOLLAND 318 *ALEXANDER E.NEDZEL 275 PAUL E.KEANE 193 MARTIN GILMAN 1 4 **RICHARD L.NEUMEIER 219 PAUL ROSE 1 FRANCIS W.K. SMITH 181 BLANKS 1653 *DAN H.FENN,JR. 314 *elected for three years;**elected for one year TOWN MEETING -PRECINCT 4 (Seven for 3 years) *DONALD A.CHISHOLM 369 *MARTIN K. WHITE 351 *RONALD W COLWELL 379 *MICHAEL PRENSKY 301 *ANN H.MILLER 300 MARINA C. SMITH 272 *MARGARET F RAWLS 388 CHARLES NOBLE 2 *NICHOLAS SANTOSUOSSO 310 BLANKS 1773 *elected for three years TOWN MEETING -PRECINCT 5 (Seven for 3 years; One for 1 year) *HOWARD CRAVIS 278 *SUZANNE LARSEN 84 *WALLACE CUPP 307 **ELAINE DRATCH 66 *JOHN HAYWARD 290 SHENKIAT LIM 21 *SAMUEL L.POWERS 265 JONATHAN BERNAYS 6 *EPHRAIM WEISS 314 ALL OTHERS 25 *DAVID G WILLIAMS 297 BLANKS 2183 *elected for three years;**elected for one year 7 TOWN MEETING-PRECINCT 6 (Seven for 3 years) *MARSHALL J.DERBY 396 WILLIAM B. SIMMONS 310 *PETER DIAMOND 381 GARY FALLICK 4 *DAVID L.KAUFMAN 405 RALPH ZELINSKY 2 *RICHARD PAGETT 400 RONALD PAWLICZEK 2 *ANNE A.RIPLEY 394 ALL OTHERS 8 *JOHN S. WILLSON 397 BLANKS 1812 *MARIANNE LAZARUS 347 *elected for three years 486 Town Election March 1, 1999 TOWN MEETING -PRECINCT 7 (Seven for 3 years) *CATHERINE M.D.ABBOTT 448 *PHILIP K.HAMILTON 289 ROBERT M. FARIAS 241 ELLIOT JEMISON 131 AUDREY J FRIEND 266 KARL P KASTORF 104 *JONATHAN S. LEDERMAN 273 LAWRENCE C. LADD 1 *JOHN E.TAYLOR 268 MICHAEL BARG 1 JAMES C. WOOD,JR. 251 BARBARA RAMSEY 1 *MARTHA C. WOOD 294 SHIRLEY FARIAS 1 *DEBORAH J BROWN 353 BLANKS 1521 *THOMAS VERNE GRIFFITHS 275 *elected for three years TOWN MEETING -PRECINCT 8 (Seven for 3 years;One for 2 years) *ROGER F.BORGHESANI 376 *MARGARET BRADLEY SCHWARTZ 328 *FLORENCE E.CONNOR 353 *STACEY BRIDGE-DENZAK 323 **JOHN T CUNHA 317 SHIRLEY H. STOLZ 308 *IONE D GARING 353 DENNIS O'CONNOR 2 **CHARLES HORNIG 317 ALL OTHERS 11 *RICHARD A. MICHELSON 379 BLANKS 2021 *elected for three years;**tie to be broken by vote of precinct-3 year and 2 year placement TOWN MEETING-PRECINCT 9 (Seven for 3 years) *ALICE J ADLER 308 WILLIAM LEVISON 3 *JANICE A.KENNEDY 331 RICHARD USEN 2 *RICHARD SCHAYE 288 TODD BURGER 2 *MICHAEL E. SCHROEDER 261 PHILIP JACKSON 2 *EMILY R.DONOVAN 296 MICHELLE CICCOLO 2 *LEO P MCSWEENEY 351 RICHARD JOHNSON 2 *WENDY MANZ 55 ALL OTHERS 19 NARAIN BHATIA 6 BLANKS 1593 *elected for three years A true copy k16/14 Attest: 14.- Donna M.Hooper,Town Cl k � II Catherine M.D. Abbott, 38 Eldred St. , resigned as a Town Meeting Member from Precinct Seven effective March 4, 1999. As Ms. Abbott was elected to the Board of Selectmen at the Annual Town Election held March 1, 1999, she is now a Town Meeting Member at Large in accordance with Chapter 215, Section 3 of the Acts of 1929. William B. Simmons, 82 North St. , received the highest number of votes as a defeated candidate for Town Meeting from Precinct Six at the Annual Town Election held March 1, 1999. As of March 8, 1999 Mr. Simmons' acceptance of the position of Town Meeting Member, Precinct Six, to fill the vacancy caused by the resignation of- Suzanne E. Barry, 159 Burlington St. , has been filed with the Town Clerk. This term will expire in March 2000. Audrey J. Friend, 84 Fifer Lane, received the highest 'number of votes as a defeated candidate for Town Meeting from Precinct Seven at the Annual Town Election held March 1, 1999. As of March 10, 1999 Ms. Friend's acceptance of the position of Town Meeting Member, Precinct Seven, to fill the vacancy caused by the resignation of Mary W. Miley, 29 Robinson Rd. , has been filed with the Town Clerk. This term will expire in March 2000. Lauren McSweeney MacNeil, 17 Sutherland Rd. , received the highest nur&ler of votes as a defeated candidate for Town Meeting from Precinct Two at the Annual Town Election held March 1, 1999. As of March 5, 1999 Ms. McSweeney l MacNeil's acceptance of the position uf Town Meeting Member, Precinct Two, to fill the vacancy caused by the resignation of Marita B. Hartshorn, 28 Locust Avenue, has been filed with the Town Clerk. This term will expire March 2000. James C. Wood, Jr. , 51 Gleason Rd. , received the next highest number of votes as a defeated candidate for 'Down Meeting from Precinct Seven at the AnnualSTown Election held March 1, 1999. As of March 5, 1999 Mr. Wood's acceptance of the position of Town Meeting Member, Precinct Seven, to fill the vacancy caused by the resignation of Catherine M.D. Abbott, 38 Eldred St. , has been filed with the Town Clerk. This term will expire in March 2000. 487 Janet Moran, 41 Bartlett Ave. , received the highest number of votes as a defeated candidate for Town Meeting from Precinct One at the Annual Town Election held March 1, 1999. As of March 16, 1999 Ms. Moran's acdeptance of the position of Town Meeting Member, Precinct One, to fill the vacancy caused by the resignation of Rae Zuerndorfer, 31 Sanderson Rd. , has been filed with the Town Clerk. This term will expire in March 2000. Dawn E. McKenna, 2564 Massachusetts Ave. , resigned as a Town Meeting Member from Precinct Nine effective March 22, 1999. As Ms. McKenna was elected to the Board of Selectmen at 'the Annual Town Election held Match 1, 1999, she is now a Town Meeting Member at Large in accordance with Chapter 215, Section 3 of the Acts of 1929. Narain D. Bhatia, 8 Nickerson Rd. , received the highest number of votes as a defeated candidate for Town Meeting from Precinct Nine at the Annual Town Election held March 1, 1999. As of March 22, 1999 Mr. Bhatia's acceptance of the position of Town Meeting Member, Precinct Nine, to fill the vacancy caused by the resignation of Ms. McKenna, 2564 Massachusetts Ave. , has been filed with the Town Clerk. This term will expire in March 2000. Michael Wagner, 44 Prospect Hill Road (precinct 4) , died April 1, 1999. Marina C. Smith, 22 Muzzey St. , received the highest number of votes as a defeated candidate for Town Meeting from Precinct Four at the Annual Town Election held March 1, 1999. As of April 5, 1999 Ms. Smith's acceptance of the position of Town Meeting Member, Precinct Four, to fill the vacancy caused by the death of Michael Wagner, 44 Prospect Hill Road (precinct 4) , has been filed with the Town Clerk. This term will expire in March 2000. • 488 SPECIAL ELECTION—PRECINCT TWO TOWN MEETING MEMBERS MARCH 22, 1999 A Special election of Town Meeting Members of Precinct Two only was held on Monday, March 22, 1999 at 7:30 p.m., Cary Memorial Building. At the Annual Town Election held March 1, 1999, Leonora K. Feeney, 3 Moon Hill Rd., and Paul H. Lapointe, 224 Follen Rd., each received 309 votes for Town Meeting Member in Precinct Two, therefore creating a tie. This special election is held to determine which candidate will fill the three year term ending in March, 2002 and which will fill the one year term ending in March 2000. The meeting was called to order at 7:30 p.m. A quorum of 12 Precinct Two Town Meeting Members were present. Meeting Chairman: Ira Bernstein Meeting Clerk: Merrill Forman The election was held by secret ballot, counted by Ira Bernstein and Merrill Forman. Results as follows: Leonora K. Feeney 1 Paul H. Lapointe 11 It is declared that Paul H. Lapointe is elected to a term of three years ending in March, 2002. It is further declared that Leonora K. Feeney is elected to a term of one year ending in March 2000. Chairman: Is/ Ira Bernstein Clerk: /s/ Merrill Forman Dated: March 22, 1999 SPECIAL ELECTION—PRECINCT EIGHT TOWN MEETING MEMBERS MARCH 22, 1999 J A Special election of Town Meeting Members of Precinct Eight only was held on Monday, March 22, 1999 at 7:30 p.m., Cary Memorial Building. At the Annual Town Election held March 1, 1999, John T. Cunha, 11 Homestead St., and Charles Hornig, 75 Reed St., each received 317 votes for Town Meeting Member in Precinct Eight,therefore creating a tie. This special election is held to determine which candidate will fill the three year term ending in March, 2002 and which will fill the two year term ending in March 2001. The meeting was called to order at 7:30 p.m. A quorum of 18 Precinct Eight Town Meeting Members were present. Meeting Chairman: Diana T. Garcia Meeting Clerk: Margaret Bradley Schwartz The election was held by secret ballot, counted by Diana T. Garcia and Margaret Bradley Schwartz. Results as follows: John T. Cunha 4 Charles Hornig 14 It is declared that Charles Hornig is elected to a term of three years ending in March, 2002. It is further declared that John T. Cunha is elected to a term of two years ending in March 2001. Chairman: /s/ Diana T Garcia Clerk: /s/ Margaret Bradley Schwartz Dated: March 22, 1999 1999ANNUAL TOWN MEETING—MARCH 22, 1999 489 During a local power outage and after diligent efforts of Fire and Public Works personnel, under a backup power supply, the 1999 Annual Town Meeting was called to order by Moderator Margery M. Baffin, at 8:02 p.m., in Cary Memorial Hall. A quorum of 168 members was present. The invocation was offered by Reverend Jed Snyder, Countryside Bible Chapel. The Moderator honored the passing of Roland W. Greeley,Robert Leone,and former Town Meeting Members Joseph H.Marshall,Barry H.Marshall and Dick Miller for their dedicated service to the Town of Lexington. The Town Clerk, Donna M. Hooper,read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Return of the Warrant. 8:05 p.m. The Moderator declared a recess during which Selectmen Peter Enrich and Elizabeth Eddison, and former Selectmen Dan Busa and Dan Fenn, recognized former Selectman Leo P.McSweeney for his dedicated service as Selectman from 1986 to 1998. Mr. McSweeney's concern for the citizenry and devotion to the Town of Lexington were highlighted. Mr. McSweeney was presented gifts,including an engraved Paul Revere bowl and U.S. flag flown over the Battle Green March 22, 1999. Mr. McSweeney,newly elected as a Town Meeting Member from precinct 9, expressed his appreciation for the recognition and the honor it had been to serve as Selectmen for Lexington. 8:19 p.m. The Moderator called the meeting back to order,expressed her joy in working with Mr. McSweeney during his tenure as Selectman, and outlined procedures and conduct of Town Meeting. The Moderator explained there would be no meetings scheduled for Wednesday, March 31 or the week of school vacation, April 19-23, and outlined anticipated order for upcoming �--. articles. It is anticipated that Indefinite Postponement will be recommended for Articles 5, 11, 12, 24,25, 35, 39. The Moderator explained that Article 49 of the 1998 Annual Town Meeting, adopted April 8, 1998, and approved by the Office of the Attorney General on August 25, 1998, amended Article V of the General By-Laws and authorized the Moderator to declare more than a two- thirds vote without a count and that she would be doing so during this Annual Town Meeting. If seven or more members doubt the vote, a counted vote shall be taken. 8:31 p.m. . The Moderator declared the meeting open under Article 2 and reminded members that Article 2 would remain open throughout the meeting. ARTICLE 2: REPORTS OF TOWN OFFICERS,BOARDS AND COMMITTEES 8:31 p.m. Paul Lapointe,Appropriation Committee,explained plans for the Committee's report at a future time. 8:32 p.m. Charles Hornig moved the Report of the Capital Expenditures Committee be accepted and placed on file. Following a unanimous voice vote,the Moderator declared the report accepted and placed on file. 8:32 p.m. Selectman Peter Enrich reported that Town Manager Richard J.White will file the Report of the Town Manager on March 24. 8:32 p.m. Selectman Peter Enrich moved that the Report of the Cary Lecture Series be accepted and placed on file and that the Committee be discharged. With the complete report appearing in the 1998 Annual Report, Susan Rockwell of the Committee presented a brief overview of past activities, explaining the Series is currently operating out of Lexington High School's Gillespie Auditorium. Following a unanimous voice vote,the Moderator declared the report accepted and placed on file and the Committee discharged. 90 Adjourned Session—1999 Annual Town Meeting—March 22, 1999 Special Town Meeting of March 22, 1999 8:35 p.m. Selectman Peter Enrich moved to adjourn the Annual Town Meeting until after the completion of the March 22, 1999 Special Town Meeting. Following a voice vote, the Moderator declared the meeting adjourned until after the completion of the Special.Town Meeting. A true copy. / Attest: ))'7 Donna M. Hooper, Town(Ulerk SPECIAL TOWN MEETING—MARCH 22, 1999 The March 22, 1999 Special Town Meeting was called to order by Moderator Margery M. Battin, at 8.36 p.m., in Cary Memorial Hall. A quorum of 168 members was present. The Town Clerk, Donna M. Hooper,read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Return of the Warrant. ARTICLE 1: PORTABLE CLASSROOMS 8:37 p.m. Presented by School Committee member Robin DiGiammarino. MOTION• That the sum of$500,000 be appropriated for the purchase of portable classrooms for the School Department;that to meet this appropriation the Treasurer with the approval of the Selectmen,is authorized to borrow$500,000 under G.L.c.44 §7; and that the Permanent Building Committee is authorized to take all action —, necessary to carry out this project. Ms. DiGiammarino explained the request was being made to fund portable classrooms,to be placed at the Harrington, Bowman, and Fiske elementary schools. 8.41 p.m. Karen Dooks moved that the Report of the Capital Expenditures Committee be accepted and placed on file. Following a unanimous voice vote,the Moderator declared the report accepted and placed on file. Ms. Dooks summarized current portable classroom inventory and that the required 5 additional classrooms were not reimbursable under any state plan. 8:42 p.m. Ron Pawliczek moved that the Report of the Appropriation Committee be accepted and placed on file. Following a unanimous voice vote,the Moderator declared the report accepted and placed on file. 8:43 p.m. Dawn McKenna reported unanimous support of the Board of Selectmen. 8:43 p.m. Following a voice vote,the Moderator declared,with more than the two-thirds vote required,the MOTION ADOPTED. 8:44 p.m. Selectman Chairman Peter Enrich moved the Special Town Meeting of March 22, 1999 be dissolved. ADOPTED by voice vote. _... A true copy. • Attest: 3014141 ► 4 Donna M. Hooper,tbwn Clerk 491 ADJOURNED SESSION OF THE 1999 ANNUAL TOWN MEETING MARCH 22, 1999 The March 22, 1999 Adjourned Session of the 1999 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:44 p.m., in Cary Memorial Hall. A quorum of 169 members was present. ARTICLE 3: APPOINTMENTS TO CARY LECTURE SERIES 8:44 p.m. Presented by Selectman Peter Enrich. MOTION: That a committee of three be appointed by the Moderator to have the charge of the lectures under the wills of Eliza Cary Farnham and Susanna E. Cary for the current year. 8:45 p.m. Following a voice vote at 8:44 p.m., the Moderator declared the motion ADOPTED. 8:45 p.m. Selectman Peter Enrich presented the following motion: MOTION: That Article 14 be taken up as the first order of business on Wednesday, March 24,that Article 13 be taken up as the first order of business on Monday,March 29 and that Article 9 be taken up after Article 39. 8.45 p.m. Ephraim Weiss, pr.5, urged the Selectmen to inform Town Meeting why to vote in favor of the motion. Mr. Enrich explained reasoning for the article order. 8:47 p.m. David Kanter, pr.7, questioned if the Selectmen have any other revisions to article order. Mr. Enrich explained the Selectmen will move Article 16 be postponed until after article 30 T8:48 p.m. Following a voice vote the motion made by Mr. Enrich was ADOPTED. ARTICLE 4: ZONING BY-LAW,HISTORIC PRESERVATION INCENTIVES 8:44 p.m. Presented by John Davies, Planning Board. Mr. Davies moved that the report of the Planning Board on Article 4 be accepted and placed on file. Following a unanimous voice vote,the Moderator declared the report accepted and placed on file. MOTION: That the Zoning By-Law of the Town be amended as set forth in the motion and attached to the report of the Planning Board and filed with the Town rt Clerk. ,c H- o (MOTION of Planning Board Report): That the Zoning By-Law be amended by adding a new subparagraph 4.4 HISTORIC PRESERVATION INCENTIVES, as follows: �b "4.4 HISTORIC PRESERVATION INCENTIVES • 1/40.-0 0 4.4.1 GENERAL OBJECTIVES at. a. Encourage preservation of buildings, structures, sites and settings, and elements of `c historical or architectural significance. rt b. Establish eligibility criteria for buildings, structures, sites and settings, and elements 0 attaining protected status under paragraph 4.4.2. c. Expand economic options for the owner/investor, by broadening the permitted uses in 47 various zoning districts and removing barriers presented by development standards CD governing those permitted uses. w d. Permit the flexibility of development options by modifying dimensional requirements ~ that might be an impediment to historic preservation. e. Provide incentives to preserve contributory elements of historic or architectural significance, such as settings and sites, objects, monuments,trees or other elements. �• 492 Adjourned Session— 1999 Annual Town Meeting—March 22, 1999 4.4.2 HISTORIC ELIGIBILITY DEFINED: a. Any historic element, as defined below, may qualify for eligibility under paragraph 4.4.2, Historic Preservation Incentives, if it is included on any of the following lists or surveys: 1) National Register Of Historic Places 2) State (Commonwealth Of Massachusetts) Register Of Historic Places 3) Inclusion by the Lexington Historical Commission in its Comprehensive Cultural Resources Survey, or identification by that Commission of historic and/or architectural significance and thereby potential inclusion in the Comprehensive Cultural Resources Survey. 4) Pending nominations in good standing to the National or State Registers b. Primary Qualifying Elements shall include the following: buildings, and other structures and outbuildings located on the property. c. Secondary Qualifying Elements shall include the following• sites and settings, objects, monuments, trees or any element of historical, architectural and/or cultural significance which indicates their contributory value in establishing historical context. d. Priority in granting special permits under these historic preservation incentives shall, in all cases,be placed upon keeping buildings and structures in place, rather than moving them to other locations, provided that the existing siting can be shown to represent valid historical setting and context. Moving of buildings, structures and elements to other locations shall be considered only if no other preservation measures are practical or reasonable on the existing site, or if the proposed removal is to return a building, structure or element to an original or more historically accurate location. The SPGA shall determine the validity of any such requests. 4 4.3 SPECIAL PERMIT AUTHORIZED: The Board of Appeals, or the Planning Board where it is authorized to be the special permit granting authority (SPGA), may _j grant a special permit to authorize actions that would otherwise not comply with the provisions of this By-Law and that would allow the renovation, repair, adaptive reuse or, in limited instances,removal, of historic or architecturally significant buildings. a. The following uses, identified by the line in which they appear in Section 4.2 of this By-Law,that are not usually permitted in the districts identified below,may be allowed in those districts, provided the SPGA makes the findings listed in 4 4.4.: 1.1 13 Residential/Institutional/Agricultural Uses; the conversion of single-family to two-family residences in the RD, CB and CLO districts. 2.1.14 the conversion of single-family residences to congregate living facilities in the CB and CLO districts. 3.1.187 the conversion of municipal buildings to residential use in the RM, CB and CLO districts. 4.1.21 the creation of Rooming Units in the CB, CLO and CN districts. 5.1.22 the creation of Accessory Apartments in single-family residences in the CB and CLO districts. 6.1.23 the creation of Bed and Breakfast Homes in the RT, RM, RD, .� CN, CB, and CLO districts. 7.1.24 General Home Occupation Uses with a maximum of one (1) employee other than an owner occupant and with a maximum of 4 customers per hour, as an average during the course of the business day, in all districts. 8.1.25 Professional Office Home Occupation Uses with a maximum of one (1) employee other than an owner occupant, in all districts. 9 6 14 Office Uses, Professional Services, in CN districts. 10. 6.15 Advertising/Editing, in CN and CB districts. 11. 6.16 Employment Agency and similar uses, in CN districts. Adjourned Session—1999 Annual Town Meeting—March 22, 1999 493 12. 6.17 Manufacturer's Representative and similar uses, in CN districts. 13. 6.18 Other Business and Administrative and similar uses, in CN districts. 14. 7.13 Professional and Business Services,Tailor, Dressmaker And Shoe Repair, in CLO districts. 15. 7.14 Real Estate Sales or Rental Office, in CS districts. 16. 7.18 Repair of Household Appliances, in CLO districts. 17. 7.28 Private Postal Service, in CB districts. b. Modifying 6.2, Development Standards for Offices (6.21 —6.26) and 7.3, Development Standards for Personal, Business Services (7.31 —7.32), provided that any negative impacts to the surrounding area can be feasibly mitigated. c. Modifying the standards in Table 2, Schedule Of Dimensional Controls, with regard to minimum:lot area;lot frontage;front,side and rear setbacks;maximum percentage of site coverage; and maximum height(stories). d. Modifying the standards in Section Five(5),Supplementary Use Regulations,sub- sections 5.2, 5.3, 5.4, 5.5. e. Modifying the dimensional and intensity controls in Section Seven, 7 1 — 7 6, 7.9.1 and 7.9.2. f. Modifying the landscaping,transition and screening requirements in Section Ten, 10.3 — 10.8. g. Modifying the off-street parking and loading requirements in Section Eleven, 11.1 — 11.9, inclusive. 4.4.4 FINDINGS REQUIRED: In order to grant a special permit,the SPGA shall determine: a. that the uses authorized in 4.4.3 or the modification of standards and requirements authorized in 4.4.3 b.—g. are necessary to maintain the historic or architecturally significant building, structure or element on the site on which it was originally constructed or to relocate it back to such a site; b. that the proposed renovation, repair, adaptive reuse or removal preserves, to the maximum extent feasible, the historical and architectural features of the building, structure or element, said determination to be made by the SPGA; c. failure to grant the special permit is likely to result in inappropriate use or physical modification or pursuit of a demolition permit; and d. that the proposed use will not generate negative impacts to the surrounding area or zoning district or that any negative impacts generated may be feasibly mitigated. 4 4.5 CONTRIBUTORY LOTS For one or more lots that do not otherwise qualify under paragraph 4.4.2 above and are shown on a definitive site development plan submitted by an applicant, the SPGA may grant a special permit to modify: 1) the standards in Table 2, Schedule Of Dimensional Controls, 2) the standards in Section Five (5), Supplementary Use Regulations, (entire section, covering the special uses identified), 3) the dimensional and intensity controls in Section Seven,Dimensional Controls, 7.1 - 7.5, 4) the landscaping,transition and screening requirements in Section Ten, Landscaping,Transition and Screening Requirements(entire section), or 5) the off-street parking and loading requirements in Section Eleven,Off- Street Parking and Loading (entire section) •provided the SPGA makes a finding that such modifications are necessary to make historic preservation feasible on another lot within the same development on which a historic element, as defined in subparagraph 4.4.2.is located.The use of one or more lots that do not otherwise qualify may apply to a conventional or cluster subdivision (see Section 9) or to a two lot subdivision qualifying for a frontage reduction(see subsection 7.4.5)." 494 Adjourned Session— 1999 Annual Town Meeting—March 22, 1999 8:45 p.m. Mr. Davies explained the Board's reasoning for adoption. 8:54 p.m. Catherine Abbott reported unanimous support of the motion by the Board of Selectmen. 8.55 p.m. David Kelland, Historic Commission, reported enthusiastic support of the Historic Commission. 8:55 p.m. Ephraim Weiss,pr.5, questioned the process by which buildings are listed. 8:55 p.m. John Davies explained some of the approximately 500 additional buildings which need to be researched and surveyed would potentially be included on the listing. Mr. --� Davies,Mr Weiss,and Mr.Kelland further explained and discussed compilation of the listing of historic structures. 9:00 p.m. Paul Chernick,pr.6,questioned section 4.4.4(c)regarding the application of the word"inappropriate". Mr. Davies explained the two tests for applicability. 9:01 p.m. Bruce Collier, pr.3, pointed out section 4.4.2 A and its applicability to Mr. Weiss's concerns. 9.02 p.m. Fred Martin,pr 7,questioned paragraph 4.4.3 and the listing of exceptions and prohibitions. 9:04 p.m. John Davies explained needed uses which the Planning Board viewed appropriate. Mr. Martin continued questioning and the possibility of opening a large hole in the name of historic preservation. 9:05 p.m. John Davies explained these addressed the economic reuse of buildings. 9.05 p.m. Richard Michelson, pr.8, stated the Historic District area property owners know their property is in the historic area but questioned how other owners would know their _, property qualified or was placed in inventory/on the list. Mr. Davies explained the listing is available at the Planning Board office or Cary Memorial Library. 9:07 p.m. Neal Boyle, pr.7, addressed the need to simplify regulations and urged members to vote against the motion. 9:07 p.m. Kenneth Reich, pr.4, questioned if the motion adds a layer of restrictions to another class of properties. Mr. Davies explained he didn't believe so and explained why. 9.07 p.m. John Davies explained that the motion does not change existing demolition requirements or procedures. It is intended to make it easier for building owners to make better economic use of buildings. 9.11 p.m. Frank Sandy, pr.6, voiced support for the concept and agreement with Neal Boyle that the by-law is unnecessarily verbose and that the purpose of the article could have been achieved with more simple guidelines. 9.12 p.m. Sam Silverman, pr 5, expressed his displeasure with section 4.4.3 and questioned if the consequences could justify the article. 9:14 p.m. Joel Adler, pr.1, questioned Mr. Davies regarding a demolition request previously made and denied and the possible affect upon that decision should this by-law change be enacted. John Davies explained he didn't know the full answer. 9.15 p.m. Joel Adler,pr.1,questioned if an owner wished financial assistance to re-side his dwelling would this by-law change make assistance available. Mr. Davies responded "no" 9:16 p.m. Nyles Barnert,pr.4,explained that voting against this article would not impact a house being placed on the list,but voting in favor would provide alternatives for building owners. Adjourned Session—1999 Annual Town Meeting—March 22, 1999 495 9:16 p.m. Following a voice vote,the Moderator declared the motion under Article 4 ADOPTED by more than the two-thirds required vote. ARTICLE 5: ZONING BY-LAW,ADJUSTMENTS SECTION 9,RESIDENTIAL DEVELOPMENTS 9.18 p.m. Presented by Anthony Galaitsis, Planning Board. r Mr. Galaitsis moved that the article be Indefinitely Postponed. 9.18 p.m. Following a voice vote,the Moderator declared the article INDEFINITELY POSTPONED. ARTICLE 6: ZONING BY-LAW,TECHNICAL CORRECTIONS 9:18 p.m. Presented by John Davies, Planning Board. Mr. Davies moved that the report of the Planning board on Article 6 be accepted and placed on file. Following a unanimous voice vote,the Moderator declared the report accepted and placed on file. MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion and attached to the report of the Planning Board and filed with the Town Clerk. (MOTION of Planning Board Report): That the Zoning By-Law be amended in various sections, as follows: r"'"^ Amendment Al by adding a new section 1.7 as follows: "1.7 HEADINGSo a Headings, subheadings and captions at the head of subsections and paragraphs are for reference only and are not substantive provisions of the Zoning By-Law. They are not ▪ fD legally adopted parts of the Zoning By-Law as voted by Town Meeting." 1/40a Amendment A2 In Section 2, DEFINITIONS, in the definition STORY by deleting the o b words ".... but not including a cellar,a crawl space, ...." so that the definition,as amended, ,� e will read: STORY: That portion of a building contained between any floor and the floor or roof next c 1/44 above it or the uppermost portion so contained if under a sloping roof and not accessible, y ▪ rt by an approved stairway, or not designed or intended for human occupancy. o In Section 2, DEFINITIONS, in the definition CELLAR, by deleting the second sentence `' which reads: "A cellar shall have a floor-to-ceiling height of seven feet or greater." a In Section 2, DEFINITIONS, in the definition CRAWL SPACE,by deleting the existing • w definition and inserting in place thereof the following: 1- 1-3 "CRAWL SPACE: A space under a building not designed or intended for human occupancy or use that provides access to the underside of the building and has a height between the ground or floor level of the crawl space and the underside of the floor above it a• E of not more than four feet." oo In Section 7, Dimensional Controls,by striking out subparagraph 7.5.5 Parking Within Building in its entirety and by substituting in place thereof the following: '"7.5.5 CALCULATION OF STORY" For the purposes of calculating the height of buildings in stories,a story shall not include: a cellar, a parking level, a crawl space or any other floor area not designed or intended for human occupancy provided its height is not more than four feet above the lower elevation as described in subparagraph 7.5 1.a. In the case of a sloping site,the height of such floor area above the lower elevation may be calculated using the procedure in subparagraph 7.5.3. Average Height Of Building. Where different parts of the space below the first floor would 496 Adjourned Session—1999 Annual Town Meeting—March 22, 1999 be classified as a crawl space, a cellar, or a basement,the number of stories shall be calculated as if the classification of space that comprises the greatest percentage of area covered the entire space below the first floor." Amendment A-3 In Section 2, Definitions, by deleting the definitions, TEMPORARY STRUCTURE and TEMPORARY USE, and by adding a new subsection 3.1.5 as follows: "3.1.5. PERMITS FOR TEMPORARY USES 3.1.5.1. TEMPORARY USE A building permit or certificate of occupancy may be granted for a temporary use where -� authorized by this by-law. A special permit for a temporary use may be granted by the Special Permit Granting Authority or a permit for a temporary use may be issued by the .--1 Zoning Officer for a specific period of time that is consistent with the needs of the proposed use.No temporary use is permitted without a written permit for a time period prescribed by the SPGA or the Zoning Officer or as set forth in this By-Law. 3.1 5.2 TERMINOLOGY-TEMPORARY The term temporary use in this context shall mean use, operation or occupancy of a parcel of land,building or structure, off-street parking, a sign, or outdoor lighting where the intent and the nature of the installation is not permanent and it will be removed or discontinued after the temporary use. A temporary use may be recurrent provided it is for a time period of not more than one month and the time between the issuance of permits for a recurrent temporary use is at least two months. 3.1.5.3 TIME PERIOD FORA TEMPORARY USE The time period for which a permit for a temporary use is issued may vary depending on the needs of the proposed use. The maximum time period for uses permitted by right as provided elsewhere in this By-Law shall be two years. The maximum time period for which the Zoning Officer may issue a permit for a temporary use shall be three months. The maximum time period for which the Board of Appeals may grant a special permit for a temporary use shall be two years. The Board of Appeals or the Zoning Officer may disapprove the issuance of a permit for a temporary use if either the Board or the Zoning Officer determines that a permit for such use: a. has been issued previously for long periods of time, b. the use is recurrent for long periods of time, c. would have the effect of allowing a use that would not otherwise be permitted by Table 1, Permitted Uses, or d. is inconsistent with the purpose of the zoning district in which it is located, as described in paragraph 1.2.3., or with other specific purposes or objectives of zoning, as set forth in this By-Law. 3.1.5 4 EXTENSION OF TIME PERIOD FOR A TEMPORARY USE The Board of Appeals may grant a special permit for a temporary use to be extended beyond the maximum time period specified above or elsewhere in this By-Law provided: a. only one such extension may be granted, b. the period of the extension is not more than one additional year, c. the Board of Appeals determines that granting the extension: 1) does not allow a use that would not otherwise be permitted by Table 1, Permitted Uses, and �II 2) is consistent with the purpose of the zoning district in which it is _..1 located, as described in paragraph 1.2.3., or with other specific purposes or objectives of zoning, as set forth in this By-Law, and d. there is no relaxation during the period of the extension of the dimensional and other standards referred to in subparagraph 3.1.5.5. A permit for temporary uses that are permitted by right, as provided elsewhere in this By- Law, may be extended but only upon on the granting of a special permit by the Board of Appeals. 3 1.5.5. RELAXATION OF DIMENSIONAL AND OTHER STANDARDS a A permit for a temporary use, whether granted by the Zoning Officer or the SPGA, may authorize a temporary relaxation of the dimensional standards set forth in Table 2, Adjourned Session—1999 Annual Town Meeting—March 22, 1999 497 Schedule of Dimensional Controls, where it can be demonstrated it is not feasible or practicable to comply with those standards. In the case where the installation of a temporary dwelling (see Section 4.2, Table 1, line 1.17)or a temporary building incidental to the construction or reconstruction of a building(see Section 4.2, Table 1, lines 5.21 and 16.12) would result in a greater floor area ratio or a percentage of site coverage greater than authorized by Table 2,the amount of floor space occupied shall not exceed the maximum floor area ratio for the district. A temporary use may not be required to comply with the standards in Section 10 for Landscaping, Transition and Screening or in Section 11, Off-Street Parking and Loading. Nothing in this subsection shall reduce the authority of the Board of Appeals to attach conditions and limitations, as described in paragraph 3.3.3.,to its grant of a special permit. 3.1.5.6 APPEAL OF PERMIT FOR TEMPORARY USE GRANTED BY ZONING OFFICER An interested person who believes the permit for temporary use issued by the Zoning Officer is inconsistent with the purposes of the zoning district in which it is located, as described in subparagraph 1.2.3., or with other specific purposes or objectives of zoning, as set forth in this By-Law, may appeal the action of the Zoning Officer following the procedures set forth in subsection 3.2 of this By-Law." In 4.2 TABLE 1 PERMITTED USES AND DEVELOPMENT STANDARDS• a. In line 1.17 by deleting the words"..., to be erected for a period of not more than one year. ...."and".....; may be located in a required yard setback if not otherwise feasible to locate on the lot ...."and by adding the words"(See subsection 3.1.5)" at the end so that the line, as amended, will read: "Temporary dwelling, which may include a mobile home to replace a permanent dwelling which has been damaged or destroyed by fire, natural catastrophe, or by demolition or substantial reconstruction. (See subsection 3.1.5)" b. In line 5.21 by deleting the words"....for a period not to exceed two years provided a non-renewable permit is granted by the building commissioner ...." and by adding the words "(See subsection 3.1.5)"at the end: so that the line, as amended, will read: "Temporary building(s)or trailer(s)incidental to the construction of a buildmg or land development. (See subsection 3.1.5)" c. In line 5.22 by deleting the words ".. .and the time period of the special permit is not greater than two years. ...." and by adding the words"(See subsection 3.1.5)" at the end, so that the line, as amended, will read: "Temporary structures and uses not otherwise permitted in the district provided the SPGA makes a finding that the proposed structure or use is compatible with the neighborhood. (See subsection 3.1.5)" d. In line 16.12 by deleting the words "....development for a period not to exceed two years provided a non-renewable permit is granted by the building commissioner...." and by adding the words "(See subsection 3.1.5)" at the end so that the line, as amended, will read: "Temporary building(s)or trailer(s)incidental to the construction of a building or land. (See subsection 3.1.5)" e. In line 17.1 by adding the words "(See subsection 3 1.5)"at the end. Amendment A4 In Section 7.4.5.2.b at the end of the paragraph by deleting: 1. the conveyance of the fee, or other interest, in land within the proposed subdivision to the Town for use for conservation, recreation, or other public purpose; 2. the provision of improvements within the right-of-way of the street,that provides the frontage, or of improvements to public facilities near the proposed subdivision. Such improvements may include,but are not limited to,the initial construction, expansion or rehabilitation of the type of improvements and services described in Section 3.6, Required Improvements, of the Development Regulations and the maintenance or restoration of buildings and places of historic or architectural significance; 3 limitations on the use or design of buildings or the site as described in Section 2.4.3, Documents, Exhibits, of the Development Regulations; 498 Adjourned Session–1999 Annual Town Meeting–March 22, 1999 4. in lieu of the provision of improvements within or near the right-of-way, or the transfer of interests in land within the proposed subdivision,the Planning Board may consider a financial contribution to a Town fund for any of the purposes identified in 1)through 3) above." and inserting in place thereof the following: "the public benefits listed in subsection 9.6 4.1 subparagraphs 1)–3),and subparagraphs a.through 1."so that the sentence,as amended will read "In determining whether a proposal by the applicant may benefit either the adjacent neighborhood or the town generally, the Planning Board may consider the public benefits listed in subsection 9.6.4.1 subparagraphs 1)–3), and subparagraphs a.through 1." Amendment A5 In Section 7, Dimensional Controls, by deleting section 7.6, Basement Floor Elevations, and by inserting in place thereof"Section 7.6 (Reserved)". --� Amendment A6 in section 14.2. in the first paragraph by inserting "14.2.1 APPLICABILITY"at the beginning of the paragraph and by deleting the word"or"at the end of subparagraph a, by redesignating the existing paragraph"b"to be"c" and by inserting a new subparagraph b. as follows: "b. townhouses, three-family and four-family dwellings (see Definitions); or" Amendment A7 In Subsection 15.3 Location Of Facilities as approved in the motion made under Article 32 Wireless Communication Facilities of the 1997 Annual Town Meeting,by striking out subparagraphs 15.3.3.3 Municipally Owned Land in Residential Districts and 15.3.3.4 Municipally Owned Land in Commercial Districts and by renumbering subparagraph 15.3.3.5 Uses In Commercial Districts and all cross references thereto to be subparagraph 15.3.3.3. Amendment A8 (1) In Section 15.2.2, Terminology, in the definition of"TOWER",by adding commas after"receiving" and after"relaying"; (2) by adding a new sentence at the end of the definition of"TOWER" as follows: "Components of the wireless communication facility used only to attach or support other elements of that facility are excluded provided such components are relatively �( less substantial than those other elements and do not materially affect a dimension of that facility"; (3) In Section 15.4.2,Setbacks,in the second sentence,by inserting a new third sentence as follows: "However, if the antenna is being attached to an existing tower whose setback is already approved—either by right, by special permit or by variance—and, if the SPGA determines that the addition of the antenna does not materially alter the basis of that prior approval,then no new,independent,setback requirement shall be created by the addition of the antenna." 9:20 p.m. The Moderator explained that the article is divisible, if so moved. John Davies moved that Amendment A-3 be separated out. Alan Lazarus,pr.6, moved that Amendment A-6 be separated out. Selectman Dawn McKenna moved that Amendment A-2 be separated out. 9:21 p.m. Following a voice vote on the motions to separate out Amendments A-2,A-3 and A-6 the Moderator declared the motion ADOPTED and those Amendments to be voted separately from Article 6 Amendments A-1,A-4,A-5,A-7 and A-8. 9:22 p.m. John Davies summarized Amendments 1,4,5,7,8 to be voted under Article 6. 9:24 p.m. Dawn McKenna reported unanimous support of the Board of Selectmen on —' Amendments A-1,A-4,A-5,A-7,A-8. 9:24 p.m. Following a voice vote, the Moderator declared the vote unanimous and • Amendments A-1,A-4,A-5,A-7 and A-8 ADOPTED. 9:24 p.m. John Davies, Planning Board, explained Article 6,Amendment A-2. 9:26 p.m. Dawn McKenna explained the request was made to separate out this Amendment as it is viewed as more than a minor By-Law correction. Ms. McKenna explained the Board of Selectmen had not yet voted on this Amendment. Adjourned Session—1999 Annual Town Meeting—March 22, 1999 499 9:27 p.m. Peter Kelley, pr.4, spoke in opposition to Amendment A-2 and of the inconsistencies in definitions for space below the first floor. 9:29 p.m. Richard Canale, pr.9, spoke in support. 9:29 p.m. Following a voice vote, the Moderator called for a standing vote on Article 6,Amendment A-2 as this motion requires a two-thirds vote. The standing vote is tallied as follows: Precinct Yes No Abstain r-- 1 8 8 - 1 2 7 6 - 3 11 4 - 4 6 7 - 5 5 11 - 6 13 3 - 7 8 6 - 8 11 2 - 9 6 8 - At-Large 14 4 _ TOTAL 89 59 - 9:34 p.m. Less than the required two-thirds vote, the Moderator declared Article 6, Amendment A-2 NOT ADOPTED. 9:35 p.m. John Davies, Planning Board,explained the intent and use of"temporary"in Article 6,Amendment A-3. He further explained that the wording is much better than the existing by-law,though not perfect. 9:36 p.m. Dawn McKenna explained that the Selectmen had not yet taken a position on this Amendment, and questioned the use of the word"temporary". r-- 9:37 p.m. Having seen no other questions,the Moderator declared a one-minute recess to allow the Selectmen to caucus. 9:38 p.m. Dawn McKenna reported the Board of Selectmen supported Amendment A-3 on a 4— 1 vote. 9:38 p.m. Following a voice vote on Article 6,Amendment A-3,the Moderator declared more than the two-thirds vote required that the motion is ADOPTED. 9:38 p.m. John Davies,Planning Board,explained the intent of Article 6,Amendment A-6 and explained that the provisions had been inadvertently omitted from by- law changes in 1998 for outdoor lighting for 3 and 4 family buildings. 9:40 p.m. John Willson, pr 6, served Notice of Reconsideration on Article 6, Amendment A-2. 9.40 p.m. Alan Lazarus,pr.6, spoke in opposition to A-6 9.41 p.m. David Kanter, pr.7, spoke in favor of A-6. 9:42 p.m. Paul Chernick, pr.6, spoke in opposition to A-6. 9:44 p.m. Following a voice vote,the Moderator called for a standing vote on Article 6,Amendment A-6,tallied as follows: 71 Precinct Yes No Abstain 1 4 14 - 2 2 9 - 3 12 3 - 4 9 5 - 5 2 15 - 6 2 15 - 7 12 4 - 8 4 14 - 9 0 14 - At-Large 14 5 _ TOTAL 61 98 - 500 Adjourned Session— 1999 Annual Town Meeting—March 22, 1999 9.48 p.m. With less than the required two-thirds vote,the Moderator declared the motion under Article 6,Amendment A-6 NOT ADOPTED. ARTICLE 7: ZONING BY-LAW,PROCEDURES SECTION 8, SPECIAL ZONING DISTRICTS 9 49 p.m. Presented by Anthony Galaitsis,Planning Board. Mr. Galaitsis moved that the report of the Planning board on Article 7 be accepted and placed on file. Following a unanimous voice vote, the Moderator declared the report accepted and placed on file. MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion and attached to the report of the Planning Board and filed with the Town Clerk. H (MOTION of Planning Board Report): CU That the Zoning By-Law be amended in various sections, as follows: Amendment A-1 (This was previously Article A-2 in the January 15 draft.) In subsection 8 4 Rezoning Provisions Applicable To Both CD And RD Districts,by adding a new subparagraph 8.4 4. as follows. O "8.4.4 AMENDMENTS TO THE PSDUP APPROVED BY AN EARLIER TOWN 6 MEETING The preliminary site development and use plan for an existing planned development b district that was approved by an earlier Town Meeting may be amended. The proposed oamendments shall be presented and acted upon in the same manner set forth in this section a for an original petition." a o, Amendment A-2 (This was previously Article A-3 in the January 15 draft.) • N In subparagraph 8.5.2 Special Permit Provisions, by deleting the existing subparagraph "d" and by inserting in place thereof • I-) "d. The SPGA may, in its discretion,permit revisions from the preliminary site development and use plan approved by Town Meeting provided they do not conflict with the provisions of the text of such plan. Such revisions shall generally --J be limited to the location of the building(s) and changes in the site plan." In subparagraph 8.5 4 Revision Of Special Permit,by striking out the existing paragraph and by inserting in place thereof the following: "Subsequent to an SPS granted by the SPGA, revisions may be made from time to time in accordance with applicable laws, by-laws, and regulations, but the commercial or residential development approved under such SPS shall otherwise be in accordance with the preliminary site development and use plan approved by the Town Meeting." 9 49 p.m. Mr. Galaitsis explained Article 7, Amendments A-1 &A-2. 9.49 p.m. Dawn McKenna reported unanimous support of the Board of Selectmen for this article. 9:54 p.m. Following a voice vote, the Moderator declared the vote unanimous and the motion ADOPTED. ARTICLE 8: ZONING BY-LAW,AUTOMATIC TELLER MACHINES H 9:55 p.m. Presented by Andrew Friedlich,pr.5. o• o a v a, MOTION: To see if the town will vote to amend the Zoning By-Law of the Town of Ri Lexington, as follows: In Section 4.2, Table 1, Permitted Uses and Development 00 ›, Standards, Part B, Commercial Uses, in line 7.15a under the description of the uses, • 0 N by striking out the word"external,"and adding at the end of the line "which may be • 2 either a principal use or an accessory use," and under the column headed by CN by 4-4 striking out the letter"N"and inserting the letters"SP";or act in any other manner in relation thereto. Adjourned Session— 1999 Annual Town Meeting—March 22, 1999 9:55 p.m. The Moderator recognized Ms.Deirdre W.Niemann to present the article.Ms. Niemann explained the intent of the article and reasons for support. 9:58 p.m. The Moderator recognized Mr. Scott McKay who also spoke in support of the article and of the need for Automatic Teller Machines in the neighborhoods. 9:59 p.m. Stacey P. Bridge-Denzak moved that the report of the Planning Board on Article 8 be accepted and placed on file. Following a voice vote,the Moderator declared the report accepted and placed on file. Ms. Bridge-Denzak, Planning Board,reported the Board's support of the article. 10:01 p.m. Elizabeth Eddison reported unanimous support of the Board of Selectmen . 10:01 p.m. David Williams,pr.5, spoke in opposition. 10:03 p.m. Ephraim Weiss, pr.5, spoke in opposition of the article, citing increased intensity of use of the neighborhoods. 10:04 p.m. Following a voice vote,the Moderator declared that with more than the two- thirds vote required the motion is ADOPTED. 10:05 p.m. David Williams,pr.5, served Notice of Reconsideration on Article 8. ARTICLE 10: ZONING BY-LAW, 16 HAYDEN AVE AMENDMENT TO CD DISTRICT#8 10.05 p.m. Presented by Caleb Warner,pr.3. r^ MOTION• That the Zoning By Law be amended in the Preliminary Site Development and Use Plan for 16 Hayden Avenue,Planned Commercial District#8 adopted by Town Meeting on April 16, 1997 as Warrant Article 28, by amending Section 4, the Table of Development Data, subsection 9, to change the number of required off street parking spaces from 144 to 139 and by revising Sheets#1, 3 and 4 of the Preliminary Site Development and Use Plan to change the number of required off street parking spaces from 144 to 139 whenever shown on said sheets. 10:05 p.m. The Moderator recognized Mr. Larry Smith who explained the Article. 10.11 p.m. Anthony Galaitsis moved that the Planning Board report on Article 10 be rt accepted and placed on file. Following a unanimous voice vote, the o Moderator declared the report accepted and placed on file. ▪ fD• 1 r— Mr. Galaitsis further expressed support of the Planning Board for the Article. 1/40▪ C SCD 10:13 p.m. Elizabeth Eddison report unanimous support of the Board of Selectmen for theo Article. y N o fa, 10.14 p.m. William Frawley,pr.3, spoke on the building area change. 10:14 p.m. Carol Grodzins, pr.3, spoke in opposition on behalf of herself and fellow precinct 3 town meeting member Marjorie Madoff. 10:16 p.m. William Simmons,pr.6, spoke in favor. 10:17 p.m. Elaine Dratch, pr.5, spoke in opposition and questioned the number of MRI machines at Symmes Hospital. Mr. Smith requested that Dr. Richard Zangara of Lexington Medical Associates be recognized to respond. Dr. Zangara responded. 10:19 p.m. Elaine Dratch,pr.5,also commented on additional personnel to be on-site,and net loss in parking spaces. G - Adjourned Session–1999 Annual Town Meeting–March 22, 1999 10:19 p.m. Jacqueline Davison, pr.3, inquired about and commented on the facility's name. Mr. Smith explained planned signage for the facility. 10.21 p.m. Neal Boyle,pr.7,questioned the process by which this request has undergone to reach to Town Meeting and his opinion that the request should have been addressed by the Board of Appeals and not brought to Town Meeting. Mr. Smith explained that the Board of Appeals has authority to approve minor deviations from Town Meeting approved plans and that the elimination of 5 parking spaces was viewed as not being minor 10.25 p.m. Joel Adler, pr.1, spoke in favor of the Article and attested to the valuable contribution of MRI machines in detecting health issues. 10:26 p.m. Following a voice vote, the Moderator declared the motion under Article 10 ADOPTED,with more than the required two-thirds vote. ARTICLE 11: ZONING BY-LAW,WIRELESS COMMUNICATIONS MULTI-FAMILY DWELLINGS 10:27 p.m. Anne Ripley, pr.6, moved that this Article be Indefinitely Postponed. 10:27 p.m. Following a voice vote,the Moderator declared Article 11 INDEFINITELY POSTPONED. ARTICLE 12: ZONING BY-LAW,WIRELESS COMMUNICATIONS SETBACKS IN RESIDENTIAL DISTRICTS -- 10:27 p.m. Anne Ripley,pr 6, moved that this Article be Indefinitely Postponed. —' 10:27 p.m. Following a voice vote,the Moderator declared Article 12 INDEFINITELY POSTPONED. 10:28 p.m. The Moderator explained that at the March 24th session, the meeting would take up Article 14, 15, 16 (proposed indefinite postponement), 17 (proposed 1 indefinite postponement), 18, 19, and 21. Article 13 will be taken up as the first order of business on March 29. 10.28 p.m. Peter Enrich, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday, March 24, 1999 at 8:00 p.m., at Cary Memorial Hall. Adopted by voice vote. 10:28 p.m.. A true copy `I Attest: O ,a_ -�, Donna M. Hooper, To j Clerk vu3 ADJOURNED SESSION 1999ANNUAL TOWN MEETING—March 24, 1999 The adjourned session of the 1999 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., in Cary Memorial Hall. A quorum of 173 members was present. 8.00 p.m. The Moderator reviewed procedural issues and announced the meeting would remain open under Article 2. 8.02 p.m. Selectman Peter Enrich moved that the Report of the Town Manager (on Open Money Articles)be accepted and placed on file. Following a unanimous voice vote, the Moderator declared the report accepted and placed on file. 8:03 p.m. Ronald Pawliczek moved that the Report of the Appropriation Committee be accepted and placed on file. Following a unanimous voice vote,the Moderator declared the report accepted and placed on file. ARTICLE 14: HOME RULE PETITION -MANSIONIZATION 8 04 p.m. Presented by Selectman Peter Enrich. MOTION: That the Board of Selectmen be and they hereby are authorized to petition the General Court for an act for the Town incorporating the provisions set forth in House Bill No. 1215 filed by Representative Jay R. Kaufman on behalf of the Lexington Planning Board relative to the zoning of certain residential properties. 8:04 p.m. Mr Enrich explained the purpose of the home rule petition requested and ,--, stated that present zoning ordinances are inadequate to control mansionization. This article would authorize Representative Kaufman to propose legislation to empower the Planning Board in the area of"mansionization". Mr. Enrich reported that 4 of the 5 Selectmen supported this article and then requested the Moderator recognize Fred Merrill of the Planning Board for his report. 8 12 p.m. Fred Merrill moved the Report of the Planning Board be accepted and placed on file Following a unanimous voice vote,the Moderator declared the report accepted and placed on file. Mr. Merrill further explained mansionization trends and issues confronting Lexington and that the request for the Home Rule Petition would pertain only to Lexington. Mr. Merrill stated the Planning Board's support for Article 14 8 15 p.m. Florence Baturin spoke on behalf of the Fair Housing and Human Relations Committee, which urged support of Article 14. 8 16 p.m. Selectman Dawn McKenna presented the Minority Report of the Board of Selectmen, speaking in opposition to the article. 8:19 p.m. Bruce Collier,pr.3, spoke in support of the motion. 8.20 p.m. Robert Coyne, pr 7, spoke in opposition, stating that it would create an artificial impact on the marketplace. 8:23 p.m. Sam Silverman,pr.5, questioned the wording of the motion. 8:24 p.m. Selectman Peter Enrich explained he believed the language gave the Town appropriate breadth to do as needed. Adjourned Session—1999 Annual Town Meeting—March 24, 1999 8:25 p.m. The Moderator recognized Leonard Crafts,5 Munroe Road,to speak in favor of the motion. 8.30 p.m. James Barry,pr 1,questioned the required vote,confirming it was a majority vote for this article but zoning articles would require a two-thirds vote. Mr. Barry subsequently spoke in opposition to the Article. 8.31 p.m. Paul Lapointe,pr.2,requested clarification on Massachusetts General Laws pertinent to the Article. 8:31 p.m. Planning Director Robert Bowyer explained pertinent laws regarding zoning, including M.G.L. Chapter 40A. 8:36 p.m. Jacqueline Davison,pr.3, spoke in favor of the motion. 8:38 p.m. Ronald Colwell,pr.4,spoke in opposition and cited tear down statistics. Mr. Colwell also stated, as a Realtor, he would be abstaining from voting on the Article 8.43 p.m. David Rudner,pr.2,questioned what the article would accomplish and what needs were being met. 8:44 p.m. Selectman Peter Enrich explained impact of passage of the article. 8:45 p.m. Albert Zabin, pr.1, spoke in favor and stated the issue requires careful discussion and study. 8:48 p.m. William Simmons,pr.6, spoke in opposition. 8.51 p.m. Scott Burson, pr.4, spoke in favor as a method to seek authority to make zoning regulations in the area should the town choose to do so. 8:52 p.m. David Kanter,pr.7,moved the question. 8:52 p.m. Following a voice vote the Moderator declared the motion adopted and the main question before the meeting. 8.53 p.m. Selectman Peter Enrich yielded the remainder of his time to Fred Merrill for his summary. 8 59 p.m. Following a voice vote the Moderator declared the motion ADOPTED. ARTICLE 15: WETLANDS PROTECTION—BY-LAW REVISIONS 0 rl cU 8.54 p.m. Presented by Joyce Miller. CD MOTION: That Article XXXII of the General By-laws be amended as cu set forth in a document filed with the Town Clerk on February 19, 1999 and further that the Board of Selectmen be and they hereby are authorized to petition the General Court for an act in substantially the following form: "The Conservation Commission of the Town of Lexington may provide,by 0 rules, for the imposition of reasonable fees for the employment of outside aconsultants and shall account for and expend such funds in accordance with the provisions of Section 53G of chapter 44 of the General Laws." CU rl N h { r•- ,) Adjourned Session—1999 Annual Town Meeting—March 24, 1999 8.54 p.m. Joyce Miller moved the following amendment: AMENDMENT: To amend the document on file with the Town Clerk to correct some typographical errors, as follows: Section 1: Delete the word"and"which precedes Riverfront Area in the first sentence, and insert in its place the word"or". Section 7.3.1: In the first sentence enclose each term referring to resource areas with quotation marks to read"marsh","freshwater wetland","swamp", "wet meadow"and"bog"and delete the words Massachusetts General Laws and insert in their place M.G.L. Section 7.3.2: In the first sentence enclose the term river and the term Riverfront area in quotations; to read"river" and"Riverfront area". Text of Revised WETLANDS PROTECTION BY-LAW motion: ARTICLE 15 - WETLANDS PROTECTION BY-LAW REVISIONS Legend: • • • : ;; : • 1 • ; : ; • -: • •: ; TOWN OF LEXINGTON GENERAL BY-LAWS ARTICLE XXXII GENERAL BY-LAW FOR WETLAND PROTECTION (AS AMENDED) PURPOSE The purpose of this By-Law is to preserve and protect the wetland resource areas and buffer zones of the Town of Lexington by regulation of, and control of, activities deemed by the Conservation Commission to have significant or cumulatively detrimental effect upon the following interests and values, including but not limited to: public or private water supply; ground water supply;the prevention and control of flooding,erosion or sedimentation,storm damage, other water damage and/or pollution;the protection of surrounding land and other homes or buildings, aquatic life or wildlife, streams, ponds or other bodies of water, and recreation. SECTION 1 No person shall remove, fill, dredge, build upon or alter any bank, freshwater wetland, marsh, bog, wet meadow, swamp, creek, river, stream, pond, lake,-ef vernal pool hablia(, or any land under said-waters RiV,any land subject to flooding, or any land bordering thereon as hereinafter definedr:„ : I '''79f*r21 other than in the course of maintaining, repairing or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public and used to provide electric, gas, water,telephone, telegraph or other tele-communication services without first filing written •: • - •• •- - • •: - Wce:7hfqfirfnl to so remove, fill, dredge, alter or build upon, including such plans as may be necessary to fully describe such proposed activity and its effect on the environment and without receiving and complying with a permit issued by the Conservation Commission. Said notice shall be sent by certified mail to the Conservation Commission kiFfiliaiflaWligailibri OffiTO6.1iiioc'ordino'FiiitiptfOliiiMatEgWeITLIRR Each such notice shall be accompanied by a filing fee to be determined in accordance with a fee schedule adopted by the Conservation Commission payable to the Town of Lexington. . Copies of such notice shall be sent at the same time,by - • -: .• -- - - - -:• -- , : Selectmen, Plannin: - : - - . Such notice may be sent before any or all permits, variances and approvals required by the Zoning By-Law or by the Subdivision Control Law and the Regulations of the Planning Board thereunder have been obtained. Upon written request of any person,the Conservation Commission shall within 21 days make a written determination as to whether this By-Law is applicable to any land or work thereon. Where such person is other than the owner notice of any such determination shall be sent to the owner and to the person making such request. Adjourned Session–1999 Annual Town Meeting–March 24, 1999 SECTION 2 The Conservation Commission shall hold a public hearing on the proposed activity within 30 days of the receipt of said notice. ,ftp Notice of the time and place of said hearing shall be given by the Conservation Commission at the expense of the applicant, not less than five days prior to such hearing by publication in a newspaper of general circulation in Lexington, and by delivering or mailing a notice thereof to the applicant,to the Board of Health, Board of Selectmen,the Town Engineer, u �.t . i""n 'Zo ng ft4 and the Planning Board, and to such other persons as the Conservation Commission may determine. Notice of the time and place of said hearing shall be given by the applicant, not less than five days prior to such hearing,to abutters within 100 feet la] of the land pw;r`Y vy ® (as determined by the most recent assessor's records) on which the proposed activity is to take place. The Conservation Commission,the Town Manager,the Town Engineer, hOB;u4k7A = ,:tip- icer,the Planning Board,their agents, officers and employees may enter upon privately owned land without liability of any kind for the purpose of performing the duties under this Section . Section 2.1 If, after said hearing, the Conservation Commission determines that the land on which the proposed work is to be done is probably significant to public or private water supply,to the ground water supply, to flood control,to control of erosion or sedimentation,to storm damage prevention,to other water damage prevention,to the prevention of pollution,to the protection of surrounding land and other homes or buildings,to aquatic life or wildlife,OF to the protection of streams,ponds or other bodies of water, or to the protection of recreation,the Commission shall,by written order, within 21 days or such further time as the Commission and the applicant shall agree on, impose such conditions as are reasonably necessary for the protection of the interests described herein and all work shall be done in accordance therewith. The conditions may include a condition that certain land or portions thereof not be built upon or altered, filled or dredged, that streams not be diverted, dammed or otherwise disturbed. Section 2.2 If the Conservation Commission makes a determination that the proposed activity does not require the imposition of such conditions,the applicant and all others who have received notice of such hearing by mail shall be notified of such determination within 21 days after said hearing. Section 2.3 The Conservation Commission shall not impose additional or more stringent conditions as a result of any hearing conducted by it pursuant to Massaebus is General Laws 0I4I0;L) Chapter 131, Section 40 than it has imposed pursuant to the provisions of this By-Law, nor shall it require from an applicant who filed a Notice of Intent pursuant to L. General Laws, Chapter 131, Section 40 additional materials or data than is required of him pursuant to the application filed under this By-Law. SECTION 3 This By-Law shall not apply to any emergency project as defined in MGL General Laws, Chapter 131, Section 40,to any mosquito control project authorized by any laws of the Commonwealth or to any work performed for normal maintenance or improvement of land actively devoted to agricultural use at the time of application. SECTION 4 Any person who purchases, inherits or otherwise acquires real estate upon which work has been done in violation of the provisions of this By-Law or in violation of any order issued under this By-Law shall forthwith comply with any such order or restore such land to its condition prior to any such violation;provided,however,that no action,civil or criminal, shall be brought against such person unless such action is commenced within three years following the recording of the deed or the date of the death by which such real estate was acquired by such person. The Town Manager and the Board of Selectmen shall, upon request of the Conservation Commission, instruct Town Counsel to take such legal action as may be necessary to restrain a violation of this By-Law, and enforce the orders of the Conservation Commission hereunder, and the Town Counsel shall forthwith comply with such instructions. — --- 07 Adjourned Session—1999 Annual Town Meeting—March 24, 1999 5 SECTION 5 The Conservation Commission may promulgate after due notice and public hearing Rules and Regulations to effectuate the purposes of this By-Law. However, failure by the Commission to promulgate such rules and regulations or legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this By- Law. SECTION 6 The applicant shall have the burden of proving by a preponderance of the credible evidence that the work proposed by him in his natiee-ef-inteiltion 11 U:Liii7t0 will not cause significant individual or cumulative harmful effects to the interest sought to be protected by this By-Law. In assessing cumulative harmful effects,the Commission may consider the likely long-term effects of the proposed work as well as the likely effects of the proposed work when taken in conjunction with any prior work and any contemplated future work in the affected area. Failure to provide to the Conservation Commission adequate evidence for it to determine that the proposed work will not cause significant harm to the interest sought to be protected by this By-Law shall be sufficient cause for the Conservation Commission to deny such permit or to grant such permit with such conditions as it deems reasonably necessary or desirable to carry out the purposes of this By-Law or to postpone or continue the hearing to another date certain to enable the applicant and others to present additional evidence,upon such terms and conditions as seems to the Commission to be just. SECTION 7 The following definitions shall apply in the interpretation and implementation of this By- Law: Section 7.1 The term "applicant" as used in this By-Law shall mean a person giving Notice of Intent to build,remove, fill,dredge or alter. Section 7.2 The term "person" as used in this By-Law shall include any individual, group of individuals, associations,partnerships, corporations,business organizations, trust, estate, Commonwealth of Massachusetts when subject to town By-Laws, any public or quasi-public corporation or body when subject to town By-Law or any other legal entity, including the Town of Lexington or its legal representatives, agents or assigns. Section 7.3 - /DA* :729V fail The terms biarshFlfreshwater wetland,Pswamprlwet meadowr and!bogP as used in this By-Law shall be defined as set forth in — . - - era' Laws-M.O.L1 Chapter 131, Section 40 iiiialWilr04atw4p44. The boundary of these wetlands is either the line within which fifty (50)percent or more of the vegetation community consists of wetland plant species identified in - —- . - -- :4:0i144 Chapter 131, Section 40 or the line within which the soil conditions meet the technical criterion of a hydric soil as developed and revised by the National Technical Committee for Hydric Soils,whichever line or segment of line protects more wetlands in situations where two lines exist. 114:271:1WS ,,,,,KOWS, , wilaio 0,,,V;Wa.. 111' • • • • 01-71:444;a4 - '‘40.;444,4,!1,4ciairti grr:likCA:14400:fj" terrill:WWW*TPM'tk"g:e*241.0461:4164*der' 63,104*:d, land subject to flooding shall be defined as forth in 310 CMR 10.57 ieht*tok ti % I* Adjourned Session-1999 Annual Town Meeting-March 24, 1999 p= 1 Bordering shall be defined including any land within either of the following: (a) 100 feet horizontally lateral from the edge of any m >$w titer`: meadow,OF swamp,b creek,river, stream,pond, lake,er7ic4074_„Cgatiat$0, land under water bodies; wetland, 3r fr'3:11 t edge of any vernal pool or any related land subject to flooding. (b) 100 feet horizontally lateral from the water elevation of the 100-year storm or whichever is the greater distance of(a) or(b). Section 7.4 The word "alter" shall be defined as including but not limited to one or more of the following actions upon areas described in this By-Law: (a) The removal, excavation or dredging of soil, sand, gravel or aggregate material of any kind; (b) the changing of pre-existing drainage characteristics, flushing characteristics, salinity distribution, sedimentation patterns, flow patterns and flood storage retention areas; (c) the drainage or disturbance of the water level or water table, the dumping, discharging or filling with any matenal which could degrade the water quality; (d) the driving of piling, erection of buildings or structures of any kind; (e) the placing of obstructions whether or not they interfere with the flow of water; the destruction of plant life, including the cutting of trees, which might (f) result in environmental damage to the land or a part thereof rendered by this By-Law; (g) the changing of water temperature, biochemical oxygen demand and other natural characteristics of the receiving water; (h) any activities, changes or work which pollutes any stream or body of water, whether located in or out of the Town of Lexington. Section 7.5 -Bzn'. " Elal' b defned l n -adj Hing an; ..- • - • - - Section 7.6 "Bordering" ±e11 be - - - •- • .. -, - either of the fallowing: (a) 100 feet horizontally lateral from the edge of any bog, mar-oh, mew-er swamp bordering on a creek, river, stream,pond, lake or, wetland, or from -- - - - (b) 100 f-- . • . . - . - . - -- . . - - - . . - !! .. -- In tent orial}yleft blank) Section 7.7 The Conservation Commission may in its rules and regulations provide such other definitions, or terms used in this By-Law, as it deems useful in order to carry out its obligations under this By-Law. A Adjourned Session—1999 Annual Town Meeting—March 24, 1999 509 SECTION 8 te*'6i s 4�� i0 . a " 'c sge ::4'10:1,47,..:,,,.* € ."'!l 4 0x - . 62'" 4 0 €! ! lwa • € ! s^ a ^ € ea ` € . €„,; ! ! € # ' ' mss as , 3 _ ', " *2.`� ell a ;ia 4% • y. yl'�v '''''')r kn„ Or;v'�' Ilj € ! t. yro 0!@ €i �` ! @ - Oa a5 P:' " �as alt . !a I !! ItAV,¢ ,!, P. �� *h "4; - `� 5 ,' � . " « Fi � 2 r,-- a;:''''N' ° IIl � �eW � � Fr:, — s p�j''�.p�.�6115-61.. �0 a -9 r € € 6 ' 0 0 0 6 , .k: ' Vp'�J. i 7 � r : 1p'�, r �a y:�t� aeii t; .ti' 1 3 ! € € i € ! ` i 1 ns'::cipted b B a € a €ia€ o € s a ! zits 46to def '3' '% 0:2 R say\ :; -' '. °� 'i R S i kl",, .Y 0 r: a 8 0 0' ! '*Alt 0 0 0 s 0 9 €! 6 i.. t . a • ! ! t ; SECTION 9 The Conservation Commission may, as part of its Order of Conditions,require, in addition to any security required by any other town or state Board, Commission, agency or officer, that the performance and observance of the conditions imposed hereunder be secured by one, or in part by one and in part by the other of the methods described in the following clauses (1) and (2): (1) By a proper bond or a deposit of money or negotiable securities, sufficient in the opinion of the Conservation Commission to secure performance of the conditions and observance of the safeguards of such order of conditions. 1 (2) By a covenant, executed and duly recorded by the owner of record, running with the land, whereby the conditions and safeguards included in such order of conditions shall be performed before any lot may be conveyed other than by mortgage deed. SECTION 10 All Orders of Conditions shall expire three years after the date of issuance. The Conservation Commission shall have the authority to extend an Order of Conditions for an additional period or may deny such extension, according to regulations promulgated under authority of this By-Law. For good cause, the Conservation Commission at a public hearing may revoke or modify and Order of Conditions or a Determination of Applicability issued under this By-law, after notice to the holder of the Order of Conditions or Determination i]iil 1, and notice to the public, abutters and town boards, pursuant to Section 2. Good cause for such revocation or modification shall include the following: (a) Failure by the applicant or his successors to comply with the terms of the Order of Conditions or Determination of Applicability; (b) The receipt of new information relating to the project,which indicates that previous information presented to the Conservation Commission was inaccurate; or (c) Changes to the project after completion of the Conservation Commission's review. 510 Adjourned Session— 1999 Annual Town Meeting—March 24, 1999 SECTION 11 Whoever violates any provision of this By-Law shall be punished by a fine of not more than$300. Each day or portion thereof of continuing violation shall constitute a separate offense. This By-Law may be enforced by any Town Police Officer or other officer having police powers. SECTION 12 The invalidity of any section or provision of this By-Law shall not invalidate any other section or provision thereof, nor shall it invalidate any order of conditions which has previously become final. .af Town Meeting 4/11/77 -Adopted By-Law Town Meeting 3/25/85 - Substantive revisions Town Meeting 4/4/90 & 3/23/92 -Revised Section 7.3 Town Meeting - 1997, Effective 8/11/97 Added "Purpose" and Sections 8 & 10 Revised Sections - 1,2, 2.1, 2.3, 6, 7.1, 7.3, 7.6(a) Sections 8 became 9, 9 became 11, & 10 became 12. .fie �..�.,;..,, � �,:.. .. �`^S.Z d'�x-n, �,:"°.° �� tx• aora� The. mot on l sa.regt .t�:e `e c` men>be� ut biized:u petition the Genera �Co � or3:;an=:A t tai �u pn th fee ,,$0 ;dlede n ,the�mani er set forth.in M0G*g t*r$ o. PHI 8:57 p.m. Following a unanimous voice vote, the Moderator declared the AMENDMENT ADOPTED. 8 58 p.m. Philip Hamilton,Conservation Commission,provided explanation on article. 9.03 p.m. Peter Kelley,pr.4, served Notice of Reconsideration on Article 14. 9:05 p.m. Edith Sandy, pr.6, questioned further technical corrections and the need for -, an amendment. 9:05 p.m. Jeanne Krieger reported the Board of Selectmen's unanimous support. 9 06 p.m. Neal Boyle,pr.7, questioned the impact of these changes. 9.06 p.m. Peter Diamond, pr.6, questioned Mr Hamilton on the impact if this article were to be passed. Mr. Hamilton provided an explanation. 9.08 p.m. John Carroll, pr.3, questioned if the article included provisions for brook cleaning. Mr Hamilton explained it did not address that issue. 9:09 p.m. Edith Sandy, pr.6, moved the following amendment: AMENDMENT: Section 7.3.3 be modified by putting quotes around each individual term as follows: The terms "bank", "creek", "stream", "pond", "lake", "vernal pool habitat","land under water bodies", and"land subject to flooding" shall be defined. 9:10 p.m. Following a unanimous voice vote, the Moderator declared the AMENDMENT ADOPTED. 9:11 p.m. Jonathan Lederman,pr.7,moved the question. 9:11 p.m. Following a voice vote the Moderator declared the twice amended motion now put. 9:11 p.m. Following a voice vote,the Moderator declared the AMENDED MOTION ADOPTED. Adjourned Session—1999 Annual Town Meeting—March 24, 1999 511 ARTICLE 16: TRANSFER HENNESSY FIELD PROPERTY TO CONSERVATION COMMISSION 9:14 p.m. Presented by Selectman Jeanne Krieger. MOTION: That Article 16 be taken up after Article 30. Selectman Krieger explained reasoning for addressing Article 16 after Article 30, including that it was a logical presentation of the articles. 9:16 p.m. David Kanter, pr.7, moved the following amendment: AMENDMENT: Article 16 be taken up immediately preceding Article 30. Mr. Kanter presented the rationale for the amendment. 9:17 p.m. Selectman Jeanne Krieger reported that four of the five Selectmen are opposed to the amendment. 9:18 p.m. Selectman Dawn McKenna explained her support of the amendment. 9:18 p.m. Paul Chernick,pr.6, spoke in favor of the amendment. 9:20 p.m. David Lederman,pr.7, moved the question on the amendment. 9:20 p.m. Following a voice vote,the Moderator declared the motion not adopted and discussion continued on the amendment. 9:21 p.m. Ephraim Weiss,pr.5,spoke in favor of the amendment and the main motion. 9:21 p.m. Following a voice vote, the Moderator declared the AMENDMENT ADOPTED. 9.22 p.m. Following a voice vote,the Moderator declared the motion ADOPTED AS AMENDED. ARTICLE 17: TRANSFER OF LAND ON MASS. AVENUE AT FLETCHER AVENUE TO CONSERVATION 9:22 p.m. Presented by Andrew Friedlich, pr.5. MOTION: Postponement of Article 17 until Monday after Article 13 on March 29, 1999. Mr. Friedlich explained reasoning for postponement. 9:23 p.m. Following a voice vote,the Moderator declared the motion ADOPTED. ARTICLE 18: RESOLUTION—BUDGET SUBMISSION 9:24 p.m. Presented by Paul Lapointe, Appropriation Committee. MOTION: That the following resolution be adopted: "Be it resolved that The Board of Selectmen shall distribute a budget document to the Financial Committees and Town Meeting Members at least four weeks prior to the date when the Town Meeting is scheduled to consider it. This budget document shall contain all the detail of the Town Manager's budget updated to reflect changes made after that budget was published. It shall include both capital and operating expense,and it shall detail for each article and subsection of the main financial article the funding source or sources. A similar revision of the School Budget shall also be made available at that time. Further,be it resolved that amendments from any source to the same budget shall be available in writing at least one week or one town meeting session (whichever is less) prior to consideration of the financial articles, and that such amendments must be presented on the Town meeting floor." '512 Adjourned Session—1999 Annual Town Meeting—March 24, 1999 9:24 p.m. Mr Lapointe explained reasoning for the resolution and the need for dealing with budget timing and identifying what constitutes a"budget". 9.28 p.m. Charles Hornig, Capital Expenditures Committee, reported unanimous support by the Committee. 9:29 p.m. Selectman Peter Enrich reported unanimous support by the Board of Selectmen to further a more collaborative and constructive budget process. 9:34 p.m. Robin DiGiammarino reported unanimous support by the School Committee. 9:35 p.m. David Kanter,pr.7, questioned the impact of the resolution. Town Counsel --, Norman Cohen confirmed it was a non-binding resolution. 9 35 p.m. Following a unanimous voice vote, the Moderator declared the motion ADOPTED. ARTICLE 19: BY-LAW AMENDMENT—BUDGET 9 35 p.m. Presented by Selectman Peter Enrich. MOTION: That Section 12 of Article VI of the General By-Laws be amended to read as follows: "Section 12. The Town Manager shall annually submit to the Selectmen, the Appropriation Committee, and the Capital Expenditures Committee for their consideration a proposed budget,revenue statement and tax rate estimate on a date E-1 which shall be specified no later than September 30 by the Selectmen after CU o 1-1consultation with the School Committee, Appropriation Committee and Capital Expenditures Committee." 0 M a) cr. o, c.7 ._1 35. 9p.m. Selectman Peter Enrich explained the By-Law amendment intent, the rl L'+ N complexity of the budget process, and current By-Law requirements regarding the Town Manager's budget submission. 9:42 p.m. Ronald Pawliczek,Appropriation Committee,explained the Committee would be making an amendment to the motion. 9 42 p.m. Charles Hornig,Capital Expenditures committee, stated unanimous support of the Committee for the motion. 9 43 p.m. Robin DiGiammarino reported unanimous support of the School Committee for the amendment. 9:44 p.m. Ronald Pawliczek moved: AMENDMENT: That the following sentence be added at the end of the motion: "The date specified for submission of the proposed budget shall be no later than February 1." 9:44 p.m. Mr. Pawliczek reported that the majority of the Committee recommended approval. 9:45 p.m. Paul Lapointe, Appropriation Committee, presented the Minority Report stating the minority of the Committee favors a January 15 deadline and is opposed to the amendment and opposes the main motion. 9:47 p.m. Selectman Peter Enrich reported four of the five Selectmen oppose the amendment stating their concern it may not be consistent with the needs of the new Superintendent of Schools. Adjourned Session—1999 Annual Town Meeting—March 24, 1999 ° 3 9:48 p.m. Robin DiGiammarino reported unanimous opposition of the School Committee for the amendment. 9:49 p.m. Charles Hornig, Capital Expenditures Committee, reported the Committee unanimously opposes the amendment. 9.49 p.m. Frank Sandy,pr.6,questioned the budget timing change impact on the town Manager's budget dealings with the School Department budget. Mr. Enrich reported that the intent of the delay of the Town Manager's budget is to provide for carrying a school department number which recognizes a shared understanding of the distribution of resources. 9:51 p.m. Kenneth Reich,pr.4, questioned the proposed September 30 date. 9:51 p.m. Selectman Peter Enrich explained timing and the September date. 9:52 p.m. Mr. Reich continued and commented on how the School Committee may be ready with a budget by January 15, 2000. 9:54 p.m. Robin DiGiammarino, School Committee, explained the school budget building process. 9 55 p.m. Mr.Reich asked Mr Enrich if there would be any date they could agree with the school department for a deadline. 9.55 p.m. Mr.Enrich reported it would be mappropriate for the process to run later than mid February. 9:56 p.m. Thomas Diaz,pr.2, questioned the"special circumstances"of no permanent Superintendent of Schools. 9.57 p.m. Selectman Peter Enrich replied that he would agree with this being only one step, and there may be a need for further By-Law amendments to get it right. 9:57 p.m. Ephraim Weiss,pr.5, spoke in favor of the amendment. 9:59 p.m. Bruce Collier,pr.3, spoke in opposition of the amendment. 10.00 p.m. Following a voice vote on the amendment, the Moderator declared the amendment NOT ADOPTED. 10.01 p.m. Following a voice vote on the motion, the Moderator declared the motion ADOPTED. ARTICLE 20: BOARD OF HEALTH FINES FOR NON-CRIMINAL DISPOSITION 10:02 p.m. Presented by Martha Wood, Board of Health. G rt rt rt `C o �- MOTION: That Section 6 of Article I of the General By-Laws be amended as set forth N 0 in a document filed with the Town Clerk on January 29, 1999 (The Chapter Pending c fD Nos. are XIII, XIV and XV in order). G] o VD0 SCD 11b an N 0 I (Text of Document on File with the Town Clerk,January 29, 1999) y CD o R. Article XX--Amendment of Section 6 of the Article I of the General By-Laws,Non-Criminal Disposition. This article would increase fines for non-criminal disposition(ticketing) of violations of certain local and state health codes. The original fines in Section 6, Article I of the General by-laws were adopted May 4, 1988. These changes are requested to accomplish the following: Adjourned Session— 1999 Annual Town Meeting—March 24, 1999 • Make the fines reflect the severity of the violation involved • To reflect the seriousness of the violations and their health consequences • To better cover the cost to the Town for inspections and enforcement of regulation violations. Increases in fines are proposed for regulation violations for which the earlier fine amounts ($25 and$50 for the first and second offenses,respectively)will be ineffective and do not represent the seriousness of the violation. Other violation penalties originally in the by- law were increased last year. Proposed Changes to Fine Schedule for Article XX of Town Warrant, 1999 Regulation Subject First Offense Second Offense Chapter VII Keeping of Animals $30 $50 Chapter III Food Regulations $30 $75 Chapter IV Nuisances $30 $75 ARTICLE XX: AMEND SECTION 6 OF ARTICLE I OF THE GENERAL BY- LAWS,INSTITUTION OF NON-CRIMINAL DISPOSITION FOR NEW LOCAL HEALTH REGULATIONS This article would institute fines for non-criminal disposition (ticketing) of certain violations of state and local health regulations. The following fines are proposed for violations of regulations passed by the Board of Health in 1998 for which the use of non- criminal disposition for enforcement purposes is not yet allowed under the general by- laws. Proposed Additions to Fine Schedule for Article XX of Town Warrant, 1999 Regulation Subject First Offense Second Offense Chapter XIII Drinking water and ground $100 $200 water protection Chapter XIV Floor Drain regulations $100 $200 Chapter XV Private Well Registration $100 $200 Contact: Martha Wood, Chair, Board of Health: (617) 624-5448 Beverly Anderson, Health Director: (781) 862-0500, Ext. 237 10:02 p.m. Martha Wood explained the purposes of the article. 10.04 p.m. Selectman Elizabeth Eddison reported the Board of Selectmen unanimously supported the motion. 10:04 p.m. Following a voice vote,the Moderator declared the motion ADOPTED. ARTICLE 21: RETIREMENT BOARD 10.04 p.m. Presented by Selectmen Peter Enrich. MOTION: That the Town (a) accept paragraph (h) of Section 103 of Chapter 32 of the Massachusetts General Laws, and (b) approve the acceptance by the Lexington Retirement Board of Section 288 of Chapter 194 of the Acts of 1998. 10:04 p.m. John Ryan, Finance Director and Ex-Officio Member of the Retirement Board, explained the proposed changes and impact on non-contributory retirees and pre January 12, 1988 retirees having selected retirement "Option C" Adjourned Session—1999 Annual Town Meeting—March 24, 1999 5 1 5 10:06 p.m. Selectman Elizabeth Eddison reported unanimous support by the Board of Selectmen for this motion. 10:06 p.m. Paul Lapointe reported unanimous support of the Appropriation Committee for this motion, and commented he believed it the right thing to do. 10:07 p.m. Michael Schroeder,pr.9, commented on retiree payments and recommended voting"No". 10:10 p.m. Peter Diamond,pr.6, questioned why the motion should be passed. 10:11 p.m. Paul Lapointe addressed noncontributory retirees qualifying for cost of living increases for which the contributory retirees qualified, as well as the pre 1998 retirees qualifying for the same benefits post 1998 retirees qualify. 10:12 p.m. Peter Diamond,pr.6, questioned the"Option C"popup. 10:13 p.m. Bruce Collier, pr.3, questioned the popup. 10:14 p.m. David Kanter,pr.7, questioned if the article was divisible. The Moderator declared it subject to division and that she would do so. 10:14 p.m. Scott Burson, pr 4, questioned who the noncontributory retirees were. John Ryan explained. 10.15 p.m. Following a voice vote,the Moderator declared SECTION A ADOPTED. 10:15 p.m. Following a voice vote,the Moderator declared SECTION B ADOPTED. (� The Moderator explained Articles 13 and 17 would be taken up on Monday, March 29, 1999 and then financial articles would be addressed. Alan Lazarus questioned availability of the budget book. Selectman Peter Enrich explained the budget book would be available Monday evening, March 29 and it is the intent at that time to propose adjournment until April 12 should the meeting so choose. 10:18 p.m. Michael Schroeder,pr.9, served Notice of Reconsideration on Article 21. 10:18 p.m. Peter Enrich , Chairman of the Board of Selectmen,'moved that the meeting be adjourned until Monday, March 29, 1999 at 8:00 p.m., at Cary Memorial Hall. Adopted by voice vote. 10.18 p.m.. A true copy Attest: tit/U._ +�.. Donna M. Hooper, To Clerk ADJOURNED SESSION 1999 ANNUAL TOWN MEETING—March 29, 1999 The adjourned session of the 1999 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., in Cary Memorial Hall. A quorum of 183 members was present. 8:00 p.m. The Moderator reviewed procedural issues, including the long standing tradition for moving reconsideration of articles, and announced the meeting would remain open under Article 2. 8.03 p.m. Marshall Derby, Chairman of LexHab, reported on current and future activities of LexHab,including the Spencer Street house and future construction at the Sedge Road site. Mr Derby also explained future plans for purchasing units at the Katandin Woods complex in the year 2000. 8:07 p.m. Jill Stein, Chairman, presented the report of the Solid Waste Committee regarding issues confronting the town and recommendations. ARTICLE 13: ZONING BY-LAW, WIRELESS COMMUNICATIONS, SETBACKS FROM INSTITUTIONAL BUILDINGS 8:17 p.m. Presented by Janet Moran,pr 1. MOTION: That Section 15.4.2, Setbacks,of the Zoning By-Laws of the Town of Lexington be amended by adding a new first sentence, as follows: "No tower or wireless communication facility shall be located closer than 750 feet to an existing elementary or secondary school(line 2.14 in Table 1),day care center(line 2.12) or long term care facility (line 1.186) " 8:17 p.m. Suzanne Jonsson, 114 Cedar Street,gave a presentation on the merits of the article and reasons for support. 8:29 p.m. Steven Colman moved that the Report of the Planning Board on Article 13 be accepted and placed on file. Following a unanimous vote, the report was accepted and placed on file. Mr Colman summarized the issues and stated the report addressed the language of the article which had been on file with the Town Clerk at the time of the public hearing. Although the language under Article 13 had been modified several times since the hearing,the Planning Board's conclusions do not change,with a report in the negative and recommending Article 13 be disapproved. 8:35 p.m. Jeanne Krieger reported a majority of the Board of Selectmen opposed the article, with Mrs. Abbott abstaining as she is a member of the governing body at Follen Community Church, and one in support. Mrs.Krieger stated the amendment is unworkable,will not solve the problem,and is unlikely to survive legal challenge. 8:37 p.m. David Kanter reported the Cable Television and Communications Advisory Committee was not in support of the article. 8.37 p.m. Charles Hornig, pr 8, requested clarification from the article proponents regarding the impact on existing antenna which would be in violation of the amendment. 8:37 p.m. Planning Director Robert Bowyer explained that each case would have to be reviewed on a case-by-case basis, with current antenna originally O.K. at the time of installation possibly vested or grandfathered. Adjourned Session—1999 Annual Town Meeting—March 29, 1999 517 8:39 p.m. Charles Hornig questioned if the Follen Church permit would be upheld if the Town prevails in the court case. Mr. Bowyer explained if the permit was granted and subsequent court action sustains the granting,then the installation would be grandfathered and protected even if not yet installed. Mr.Hornig questioned how the setback would be measured. Mr.Bowyer explained that had been questioned by the Planning Board,noted in its report,and that he could not provide an answer. 8:41 p.m. Sam Silverman, pr.5, questioned federal preemption, impact on the town taking action, and the ability of Methuen to enact similar by-laws. Town Counsel Norman Cohen explained that this article would be an amendment to last year's comprehensive plan and that we are not allowed to take up solely health effects, questioning if the Attorney General will approve the amendment and possible litigation if for only health reasons. 8:43 p.m. Sam Silverman,pr.5,continued questioning if there was any information on the actual radiation level from antenna. Dr. Mirko Matejic, 627 Massachusetts Avenue, explained on behalf of the proponents that cell towns emit radiation around the clock. Mr. Silverman suggested a subsidiary motion for a moratorium be made. The Moderator ruled that would not be within the scope of the article. 8.47 p.m. Alan Lazarus,pr.6, questioned the response of Town counsel. Town Counsel Norman Cohen explained other Town's setback requirements were not due to health reasons and that although he did not have all of the information from other towns,the comprehensive plans were approved. ,,._ 8.48 p.m. Terry Martin, 96 Gleason Road, spoke from the audience in favor of the article and cautioned not to be deterred by threats of litigation. 8:53 p.m. Bruce Collier,pr.3, spoke in opposition. 8.57 p.m. Ira Bernstein,pr.2, questioned Town Counsel regarding health concerns vs. environmental concerns. Town Counsel Norman Cohen explained there is a lot of litigation presently pending and that some courts have ruled that environmental the same as health. 8.58 p.m. William Frawley,pr.3, spoke in favor. 9 01 p.m. David Lees,57 Gleason Road,spoke from the audience and strongly opposed the article. 9:05 p.m. Pam Peifer, 15 Barnes Place, spoke in support. 9:07 p.m. David Kanter,pr.7,spoke in opposition and of the unjustified setback as well as the inclusion of health issues for justification. 9:11 p.m. Anne Ripley,pr 6,explained she would be proposing a Subsidiary Motion to send to committee for a year's discussion,and presented the following Subsidiary Motion: MOTION: That the subject matter of Article 13 be referred to committee,consisting of not less than 7 and not more than 9, to be appointed by the Planning Board. Such committee shall include a representative from the Coalition on Cellular Communications Impact, a citizen with RF engineering background,as well as one member each to be designated by the Planning Board,Board of Health,and Cable TV Advisory Committee. The committee shall report to the Planning Board no later than December 1, 1999 in order that a recommendation can be made for the 2000 annual Town Meeting. rho =' Adjourned Session—1999 Annual Town Meeting—March 29, 1999 9:14 p.m. The Moderator declared a two minute recess for the Planning Board and Board of Selectmen to caucus. 9.16 p.m. Fred Merrill reported the Planning Board believed that a technical issue would be better addressed by a technical committee and recommended the Cable Television and Communications Committee. The Planning Board was opposed to the Subsidiary Motion. 9:17 p.m. Selectman Peter Enrich reported that the Board of Selectmen will not endorse the Subsidiary Motion if the Planning Board chooses not to endorse. 9.18 p.m. Ephraim Weiss,pr.5,spoke in opposition to the Subsidiary Motion and stated the meeting was not likely to learn a lot more now in one year than that already learned. ---' 9:19 p.m. Frank Sandy,pr.6,questioned why a moratorium was not within the scope but a Subsidiary Motion is, and if a Subsidiary Motion could be amended to include a moratorium. 9:21 p.m. The Moderator declared a recess to confer with Town Counsel. 9:23 p.m. The Moderator explained that referral to a committee takes a majonty vote If the referral were to be defeated, Mr. Sandy will be moving that the proposed zoning by- law take effect in one or two years. 9:24 p.m. Marianne Lazarus, pr.6, questioned if it is referred to committee, can the meeting vote on the sentiment of the committee. 9.25 p.m. Thomas Diaz,pr.2,spoke in favor of the Subsidiary Motion and explained he will vote against the original motion. 9:26 p.m. Nicholas Hay, 40 Valley Rd., spoke from the audience in opposition to the original question and on referral. 9:26 p.m. David Kanter,pr.7, spoke against the subsidiary motion. 9.27 p.m. Scott Burson,pr.4, spoke against the subsidiary motion. 9.28 p.m. David Kessler, pr.3, questioned if referral would be limited to studying the setback aspect only,or if issues in the other two articles would be included. The Moderator explained it would be a larger study. 9:29 p.m. Alan Lazarus,pr.6, spoke in favor of referral. 9:29 p.m. Myla Kabat-Zinn, pr.2, supported referral. 9.30 p.m. Following a voice vote, the Moderator called for a standing vote on the SUBSIDIARY MOTION under ARTICLE 13 made by Anne Ripley. The standing vote is tallied as follows: Precinct Yes No Abstain 1 11 8 - 2 11 6 - , 3 13 5 - 4 9 7 1* 5 11 9 - 6 10 8 - 7 0 17 1* 8 5 12 - 9 2 14 - At-Large 3 9 1 TOTAL 75 95 3 Notification received by the Town Clerk from Kenneth Reich (pr 4) and Thomas Verne Griffiths (pr.7) of their wish to be recorded as having abstained from voting on Article 13. Adjourned Session— 1999 Annual Town Meeting—March 29, 1999 519 9:34 p.m. Less than the required majority vote,the Moderator declared the Subsidiary Motion for Article 13 NOT ADOPTED. 9:35 p.m. Frank Sandy, pr 6, explained he would be amending Article 13. Mr. Sandy moved the following amendment: AMENDMENT: That the following wording be added to the end of the motion for Article 13:"This amendment shall be in effect for one year." 9:38 p.m. Bruce Collier,pr.3, questioned the impact of the amendment on cell tower installation over one year's time. Frank Sandy provided an explanation. Town Counsel Norman Cohen explained that this is not a moratorium but a change to the By-Law to be only in effect for one year. Mr. Cohen explained current towers within 750 foot restriction would be handled on a case-by-case basis. 9:41 p.m. Kay Tiffany, pr.8, spoke in favor of the amendment. 9:42 p.m. David Kaufman, pr.6, spoke in opposition. 9:44 p.m. Robert Rotberg, pr.3, questioned Town Counsel on the possible impact of the amendment on the Fallen Church tower Mr Cohen responded that it would have no affect on the Follen Church case. 9-46 p.m. Kate Priscilla Diamond,pr.6, spoke in support. 9:46 p.m. William Simmons,pr.6, spoke in opposition to the amendment. 9:47 p.m. Myla Kabat-Zinn, pr.2, spoke in support. 9.48 p.m. Richard Canale,pr 9, spoke in opposition. 9:49 p.m. Marsha Byrnes,pr.5, questioned if amendment were to pass, what would be the composition of the committee. The Moderator explained involvement of the Planning Board. 9.51 p.m. Nancy Cannalonga, pr.3, recognized the citizen interest and turnout, and spoke in support of the amendment. 9:51 p.m. David Kanter,pr.7, stated no action should be taken which opposed other statutes, contravening our authority to act. 9:52 p.m. John Hayward, pr.5, called the question, on the amendment and main motion. 9:52 p.m. Following a voice vote on whether the question on the amendment should now be put,the Moderator declared the question now put. Frank Sandy waived his remaining 3 minutes. 9:53 p.m Following a standing vote on the AMENDMENT, the standing vote is tallied as follows: Precinct Yes No Abstain 1 12 6 2 9 8 in 3 10 9 4 10 6 1* 5 9 11 6 13 5 7 4 14 1* 8 9 9 9 2 15 At-Large 5 7 1 TOTAL 83 90 3 9:56 p.m. The Moderator declared the AMENDMENT NOT ADOPTED. 0 Adjourned Session— 1999 Annual Town Meeting—March 29, 1999 9:57 p.m. Following a standing vote on the MAIN MOTION, the standing vote is tallied as follows: Precinct Yes No Abstain 1 11 8 2 8 9 3 5 10 4 8 8 1* 5 6 14 6 11 6 7 2 16 1* 8 8 10 9 2 14 At-Large 3 10 1 TOTAL 64 105 3 10:01 p.m. Less than the required two-thirds vote, the Moderator declared the Main Motion under Article 13 NOT ADOPTED. 10:01 p.m. Frank Sandy, pr.5, served Notice of Reconsideration of Article 13. ARTICLE 17: TRANSFER OF LAND ON MASS.AVENUE AT FLETCHER AVENUE TO CONSERVATION 1002 p.m. Presented by David Williams, pr.5. MOTION: That the Town transfer the care, custody, management and control of that portion of Lot 170A on Assessor's Property Map 48 not currently used for school or parking purposes and as further designated by the Board of Selectmen, to the Conservation Commission for conservation purposes as provided by Section 8C of Chapter 40 of the General Laws, as amended. 10:02 p.m. Theodore R. Page, 6 Fletcher Avenue, presented information on the article and reasons for support. Following Mr. Page with additional information was David Williams. 10:12 p.m. Andrew Friedlich, pr.5, explained the importance of having green space at that end of town, and requested support. 10:13 p.m. Selectman Chairman Peter Enrich spoke in opposition and of the Board's harmony with the proponents on a great many points but four of the five Selectmen oppose the Article. Mr. Enrich outlined areas of agreement but disagreed with the proponents in that the Board of Selectmen can imagine future situations for which the land's most desirable use might be some use other than open space, although no specific ideas come to mind. For this reason he does not wish to foreclose options this evening. 10:17 p.m. Dawn McKenna presented the Minority Report of the Board of Selectmen, r stating her disagreement with the Majority Report by Selectman Enrich. Ms. McKenna spoke of the need to consider preserving this land and supported the article. 10:18 p.m. Shirley Stolz, Capital Expenditures Committee, reported the unanimous opposition of the Committee to the article and of the need to retain the land as part of the municipal complex for future options. 10:20 p.m. Fred Merrill, Planning Board, stated issues similar to those reported by Selectman Enrich and of the importance of the site and concern for future use options. The Planning Board unanimously opposed the article. Adjourned Session—1999 Annual Town Meeting—March 29, 1999 10:20 p.m. Fred Rosenberg, School Committee, reported a majority of the School Committee unanimously opposed the article and did not want to foreclose future use options,needing to maintain the site in the municipal inventory. 10:22 p.m. Joyce Miller reported the Conservation Commission had not taken an official vote but feels strongly the land should be open and protected from future development. 10:23 p.m. Elaine Dratch,pr.5,questioned if there was a map for the area being discussed r" and questioned an earlier traffic study and the impact of the recommended measures in that study to the site/street realignment. Planning Director Bob Bowyer replied that the report had recommended a "T" intersection at Woburn Street. 10:26 p.m. Elaine Dratch,pr.5,questioned the procedure to make the property park land. The Moderator instructed that it would require a new motion at a new town meeting. 10:27 p.m. Elizabeth Whitman,pr.8, spoke in favor and of the need to preserve. 10:28 p.m. David Kanter,pr.7, spoke in opposition and of his perception that the article is an overreaction to a perceived problem. 10.30 p.m. Anne Hoffman, 6 Hayes Lane, spoke in support. 10:31 p.m. Ephraim Weiss, pr.5, spoke in opposition. 10:33 p.m. Christine Mitchell, 25 Fletcher Avenue, spoke in favor. 10:34 p.m. David Rudner, pr.2, moved the following Article 17 SUBSIDIARY MOTION: SUBSIDIARY MOTION: That the subject of Article 17 be referred to a committee,consisting of not less than five and not more than nine members, to be appointed by the Selectmen. Such committee should include representatives from the sponsors of Article 17,as well as one member each to be designated by the Conservation Commission,the Center Committee,the School Committee,and the Planning Board. The Committee shall report to the Selectmen at least one month pnor to the 2000 annual Town Meeting,at which point Town Meeting may act on the recommendation of the committee." 10:38 p.m. Paul Chernick,pr.6,spoke on preserving the space for the foreseeable future. 10:39 p.m. Selectman Peter Enrich reported three of the five Selectmen oppose and two support the Subsidiary Motion. 10:40 p.m. Shirley Stolz, Capital Expenditures Committee, reported four of the five Committee members oppose and one supports the Subsidiary Motion. Fred Merrill reported the Planning Board unanimously supports the Subsidiary Motion. Fred Rosenberg reported the school Committee favors keeping the area open. Joyce Miller reported three of the Conservation Commissioners support the Subsidiary Motion. 10.42 p.m. Jane Pagett, pr 6 spoke in opposition of referral, citing that Town Meeting must take a proactive stand and defeat referral. 10:43 p.m. Dan Fenn, pr.3, spoke in favor of referral. r s Adjourned Session—1999 Annual Town Meeting—March 29, 1999 10 43 p.m. Perry Pollins,pr.5, spoke in opposition to referral. 10:44 p.m. Ira Bernstein,pr.2, spoke in support of the Subsidiary Motion. 10:45 p.m. Morton Kahan,pr.8,reported overwhelming support by the Lexington Center Committee for the goals of the original article and of probable support for the Subsidiary Motion. 10:46 p.m. Loretta Porter, pr 9, questioned if the Selectmen has the authority to do something with the land without approval of Town Meeting. Selectman l Enrich stated the Selectmen would not do anything but could technically do anything which did not require funding. 10:47 p.m. Bruce Collier,pr.3, spoke in favor of referral. 10:48 p.m. Following a voice vote on the motion for referral,the Moderator declared the MOTION ADOPTED and the article Referred to Committee. 10:49 p.m. The Moderator explained the next article to be taken up at Town Meeting is Article 22,the Operating Budget,and that the Selectmen were indifferent as to whether it is discussed in two weeks or one week and that the decision will be left up to Town Meeting. The Moderator explained that Selectman Enrich will be moving to take up Article 22 on Monday, April 12. Should that motion fail, Selectman Enrich will then move to take up Article 22 on Monday, Apnl 5. 10:50 p.m. Andrew Friedlich, pr.5, served NOTICE OF RECONSIDERATION of Article 17. 10:51 p.m. Selectman Peter Enrich moved to adjourn Town Meeting until Monday,April -} 12, 1999 at 8:00 p.m. 10.52 p.m. Nyles Barnert, pr. 4, spoke in support of adjournment until April 12 and �J questioned the availability of new information from the School Committee. 10:53 p.m. Alexander Nedzel, pr.3, spoke in opposition to the April 12 date and urged the meeting to keep moving. 10 54 p.m. Sam Berman, pr.3, questioned if the motion fails. 10:54 p.m. David Rudner, pr.2, moved the question. 10:54 p.m. Following a voice vote, the Moderator declared the question now put. 10 54 p.m. Following a voice vote, the Moderator declared the MOTION NOT ADOPTED. 10:55 p.m. Selectman Peter Enrich moved to adjourn Town Meeting until Monday,April 5, 1999 at 8:00 p.m., at Cary Memorial Hall. 10 56 p.m. Following a voice vote,the Moderator declared the MOTION ADOPTED. A true copy. Attest: Donna M. Hooper, TownUClerk 5'23 ADJOURNED SESSION 1999 ANNUAL TOWN MEETING—April 5, 1999 The adjourned session of the 1999 Annual Town Meeting was called to order by Moderator Margery M. Battin,at 8:00 p.m., in Cary Memorial Hall. A quorum of 183 members was present. 8:00 p.m. The Moderator recognized School Committee Chairman Barrie Peltz who recognized the contributions of Town Meeting Member Michael Wagner, 44 Prospect Hill Road,who passed away on April 1, 1999. A moment of silence was then observed. r^ I 8:02 p.m. The Moderator declared a recess during which time Representative Jay R. Kaufman and Lexington High School Principal Philip Lanoue recognized the National Merit Scholarship finalists. 8:09 p.m. The Moderator declared the Meeting back in session, reviewed procedural issues, including the long standing tradition for moving reconsideration of articles, announced that the meeting would begin with Article 22 (Operating Budget), that Mrs. Pagett would be moving to have Line Item 1200 of Article 22 to be taken up as the first order of business on April 7, and that Mr. Kelley plans on moving reconsideration of Article 14 after Article 26. 8:14 p.m. The Moderator announced the meeting would remain open under Article 2. 8:14 p.m. Town Manager Richard J. White presented the Town Manager's report on the FY2000 operating budget. 8:32 p.m. Paul Hamburger, Appropriation Committee Chairman,presented the report of the Appropriation Committee. 8 41 p.m. Paul Hamburger moved the Report of the Appropriation Committee (dated March 29, 1999) be accepted and placed on file. Following a unanimous voice vote, the L_ Moderator declared the Report accepted and placed on file. 8.42 p.m Ephraim Weiss,pr.5,questioned where in the town budget the change in the town's infrastructure is mentioned,then questioned the impact of a$1 million reduction on next year's savings. 8:43 p.m. Town Manager Richard White responded that on April 7th consultants will report on the condition of the roads and the framework for an investment plan of the future. Mr. White then explained the $1 Million cut is not a matter of savings but of meeting the demands for services. ARTICLE 22: OPERATING BUDGET 8:45 p.m. Presented by Selectman Chairman Peter Enrich. MOTION: That the following amounts be appropriated for the ensuing fiscal year and be raised in the tax levy except where a transfer is indicated they shall be provided by such a transfer 1 � Education 1100 Lexington Public Schools $49,060,308 (And further that the School Department is authorized to enter into equipment lease/purchase agreements from time to time provided that each such agreement is subject to annual appropriations.) 8:46 p.m. Barrie Peltz, School Committee Chairman, recognized Acting Superintendent Dr. Karla Brooks-Baehr for a school department budget presentation. 5 24 Adjourned Session— 1999 Annual Town Meeting—April 5, 1999 8:54 p.m. Joel Adler, pr.1, commented on possible reductions, including the fourth grade French and Spanish foreign language classes. Mr. Adler also questioned what services would be restored with the $150,000 restored to the budget. Mr. Adler spoke in support of the budget but of his disappointment in the cut of elementary language classes. Superintendent Brooks-Baehr explained the program cuts and changes, including elimination of fourth grade French and Spanish. 9:00 p.m. Richard Pagett,pr 6, spoke of his opposition to elimination of elementary foreign language classes. 9:05 p.m. Eric Michelson,pr.1, questioned Dr. Brooks-Baehr on enrollment children of non-resident teaching staff in the Lexington Public Schools, and questioned services from funds restored to the secondary schools. Superintendent Brooks-Baehr reported on non-resident staff children enrolled in the system. 9:08 p.m. Bruce Collier, pr.3, stated a point of order and questioned why the three persons in the balcony awaiting to speak had not been identified. 9.09 p.m. David Rudner,pr.2, questioned Superintendent Brooks-Baehr regarding the elimination of foreign languages in grade 4. Superintendent Brooks-Baehr addressed the need to look at strengthening the program in the long run, the $122,000 savings this brought, and of the difficult decisions required to come up with the 42 reductions totaling $1.4 million. 9:12 p.m. Thomas Diaz, pr.2, spoke of his concern in the elimination of the grade 4 foreign language program and questioned if the school department can change plans for use of funds. The Moderator stated the town meeting could not identify how funds must be used, only the School Committee. 9.13 p.m Ms. Leslie Nicholson, 33 York Street,requested the School Department reconsider elimination of foreign languages in the elementary grades. 9.14 p.m. Ms. Leslie Wilcott-Henrie, 70 East Street, spoke against cuts in foreign languages, drama, and arts at the elementary level. 9:17 p.m. David Kessler, pr.3, questioned the programs eliminated at the Middle Schools. Superintendent Brooks-Baehr explained program changes are currently being identified. 9:18 p.m. Perry Pollins, pr.5, spoke on the escalation of real estate taxes due to the increases in school budgets. 9:20 p.m. Sally Sharp Lehman, 6 Sherman Street, urged the school budget be rejected. 9:22 p.m. Richard Schaye,pr.9, commented on class size and the impact of staff children enrolled in the schools, stating what a benefit it was to the Town in - drawing quality staff. 9:23 p.m. Carol Liff, pr.5, spoke in favor of the budget but of her unhappiness with the foreign language cuts. 9:25 p.m. Anthony Galaitsis,pr.6, spoke of his concern with elimination of elementary foreign language programs. 9:27 p.m. Scott Burson,pr.4, questioned the Selectmen if sufficient funds were in the reserve accounts for the purpose of funding fourth grade foreign languages. Adjourned Session— 1999 Annual Town Meeting—April 5, 1999 525 9:29 p.m. Selectman Peter Enrich explained reserve funds to be appropriated are modest and he is not aware of additional pockets to which to turn and that the Selectmen had already gone through available funds and came up with an additional $150,000 for the school department and respects the judgement made by the school committee. Mr. Burson then inquired about current reserve fund balance. Mr. Enrich explained it was the intention to end with a balance at the same level as the 1998 Town Meeting, with an intent to build up the balance to 5%. Mr. Burson continued inquiring about available funds. 9.30 p.m. Selectman Peter Enrich reported there is approximately $800,000 in the reserve fund, any additional funds appropriated this year would create additional problems for the FY2001 budget. 9:32 p.m. Superintendent Karla Brooks-Baehr reported on the process for deciding recommended programs to restore and that many pressing needs have been identified which may take precedence over elementary foreign language. 9.33 p.m. Marsha Byrnes,pr.5, commented on her respect for the process the school committee went through and that she personally didn't think fourth grade foreign language was the best thing. 9:35 p.m. Jane Pagett, Lexington Representative to the Minuteman Regional School Committee, moved the following motion: MOTION: That line item 1200 be Postponed until the first item of business, Wednesday,April 7, 1999 9:27 p.m. Following a voice vote,the Moderator declared the Motion ADOPTED and Line Item 1200 postponed to the first order of business on Wednesday, April 7, 1999. Employee Benefits 2110 Contributory Retirement 3,281,872 (Of which$65,762 is to be transferred from the Water Enterprise Fund and $16,441 is to be transferred from the Sewer Enterprise Fund.) 2120 Non-Contributory Retirement 166,526 2130- Insurance, Unemployment Benefits, Police/Fire Medical 698,109 2150 (Of which$47,531 is to be transferred from the Water Enterprise Fund, $11,883 is to be transferred from the Sewer Enterprise Fund and$80,135 is to be transferred from the Health Trust.) (and further that amounts appropriated in this article for employee health and life insurance shall be transferred to this account 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 compensation plan.) Debt Service 2210 Payment on Funded Debt 2,835,000 2220 Interest on Funded Debt 441,613 2230 Temporary Borrowing 143,250 2240 Exempt Debt 120,000 9:38 p.m. Paul Hamburger,Appropriation Committee Chairman, reported the Appropriation Committee recommended the$150,000 be left in the Reserve Fund line item. Adjourned Session— 1999 Annual Town Meeting—April 5, 1999 Oneratina Articles 2310 Reserve Fund 150,000 _ 2320 Municipal Salary Adjustments 231,562 (Such sum of$231,562 is appropriated to fund cost items resulting from collective bargaining agreements as they bear on the Town employee wage and salary plan. The amount voted is to be distributed among personal services accounts as authorized by the Board of Selectmen.) Oruanizational Expenses 2410 Municipal Services & Expenses Personal Services 68,812 " 2410 Municipal Services & Expenses 96,172 2420 Municipal Network Expenses 15,400 Community Services 3000 DPW Personal Services 3,119,155 (Of which$219,955 is to be transferred from the Water Enterprise Fund, $124,829 is to be transferred from the Sewer Enterprise Fund, $71,554 is to be transferred from the Parking Meter Fund, $100,000 is to be transferred from the Cemetery Trust Funds and $75,000 is to be transferred from the Recreation Enterprise Fund.) 9.41 p.m. Alan Levine, as one Appropriation Committee member, spoke on the Recreation Enterprise Fund and the arbitrary setting of indirect charge amount for the Department of Public Works to the fund. Mr. Levine commented that, at the expense of Recreation covering other activities, it was not fully funding the cost of Department of Public Works activities. He seeks recommendations on use of Enterprise funds and costs to be covered from the fund. 9:47 p.m. Joel Adler, pr.1, spoke on the use of Enterprise funds to - other areas and that expense for town needs should be placed on the tax bill. 9:50 p.m. Marjorie Daggett, pr 6, questioned NESWC payments. Public Works Director George Woodbury explained NESWC payments. 9:52 p.m. David Kanter, pr7, questioned total of incremental transfers. Town Manager Richard White confirmed the total of the transfers. 9:53 p.m. Alan Levine,for the Appropriation Committee, reported under Article 2 on PILOTS—Payments in Lieu of Taxes. Mr. Levine explained the thorough review of charges to the Water and Sewer Enterprise funds conducted by departmental staff had resulted in favor of PILOTS and their affordability,with tax deductibility a minor consideration. 3000 DPW General Expenses 3,803,168 (Of which $219,996 is to be transferred from the Water Enterprise Fund, $54,999 is to be transferred from the Sewer Enterprise Fund, $448,000 is to be transferred from the Recreation Enterprise Fund and $45,600 is to be transferred from the Parking Meter Fund; and provided further that the .� Town Manager may enter into an agreement or agreements with one or more governmental units to perform jointly with such units any service, activity or undertaking authorized by law.) (And further that the Town Manager is authorized to enter into communications equipment agreements,equipment lease/purchase agreements from time to time provided that each such agreement is subject to annual appropriations.) (And in addition that$45,000 of expenses for the sale of burial containers and biodegradable bags be funded by the receipt of$45,000 in anticipated revenues, and that the surplus from FY97 in the amount of$41,733 may be closed to the General Fund.) Adjourned Session—1999 Annual Town Meeting—April 5, 1999 b‘217 (And in addition State/Federal Grants, site generated revenue and/or refuse stabilization funds as permitted under existing agreements may be used to meet Division of Environmental Protection guidelines at the Hartwell Avenue landfill site.) (And to permit the Town to enter into agreements with either private or public entities in order to enhance public services, increase revenue, improve efficiency, or save money to the benefit of the Town.) 3600 Transportation Personal Services 53,702 3600 Transportation Expenses 215,865 f'- (Of which$80,000 is to be transferred from the Parking Meter Fund.) 3700 Water Department 3,948,144 (And that to raise such amount$3,948,144 be transferred from the Water Enterprise Fund.) 3800 Sewer Department 7,374,181 (And that to raise such amount$7,374,181 be transferred from the Sewer Enterprise Fund.) 10:08 p.m. Peter Kelley,pr.4, moved the following amendment: AMENDMENT: Article 22 line item 3800 Sewer Operating Expenses of $7,374,181 be amended to read$7,374,180. Mr. Kelley explained the amendment was offered in an effort to initiate discussion on PILOTS, which he sees as an unfair and inequitable practice. He spoke in opposition to PILOTS. 10:13 p.m. Paul Hamburger, Appropriation Committee,reported the majority of the Committee opposed to the amendment. .-_ 10:13 p.m. Selectman Chairman Peter Enrich reported the Selectmen unanimously oppose the amendment and the Board firmly believe PILOTS appropriate. 10:16 p.m. Eric Michelson,pr.1, questioned justification for the $500,000 Water PILOT. 10:17 p.m. Selectman Enrich explained the initial Water and Sewer PILOT amounts. 10:17 p.m. Eric Michelson, pr 1, questioned Mr. Kelley on what further action he proposed. Mr. Kelley explained the need to look further at PILOTS. 10:19 p.m. David Kanter, pr 7, explained he shared Mr Kelley's concern but was against the motion, viewing it as a disruption to the process. 10.20 p.m. Robert Rotberg, pr.3, spoke in opposition. 10:21 p.m. Bruce Collier, pr.3, spoke in opposition. 10:21 p.m. Following a voice vote on the Amendment,the Moderator declared the Amendment NOT ADOPTED. Public Safety 4100 Law Enforcement Personal Services 3,822,479 (Of which$178,070 is to be transferred from the Parking Meter Fund.) 4100 Law Enforcement Expenses 361,554 (Of which$14,000 is to be transferred from the Parking Meter Fund.) 4200 Fire Department Personal Services 3,390,638 4200 Fire Department Expenses 281,495 59 8 Adjourned Session- 1999 Annual Town Meeting-April 5, 1999 Culture and Recreation 5100 Library Personal Services 1,179,519 5100 Library Expenses 261,642 5200 Recreation Department 692,286 (And to raise such amount$692,286 be transferred from the Recreation Enterprise Fund.) Social Services 6100 Council on Aging Personal Services 160,833 6100 Council on Aging Expenses 163,965 r 6210 Veterans Administration Personal Services 28,723 6210 Veterans Expenses 22,138 --- 6220 Services for Youth 71,929 6230 Services to Developmentally Disabled 13,987 Inspectional Services/Community Development 7100 Inspectional Services Personal Services 559,604 7100 Inspectional Services Expenses 48,752 7200 Planning Personal Services 157,409 7200 Planning Expenses 57,000 7300 Economic Development Personal Services 57,409 7300 Economic Development Expenses 10,780 General Government 8110 Board of Selectmen Administration Personal Services 56,020 (Of which$2,747 is to be transferred from the Water Enterprise Fund and $687 is to be transferred from the Sewer Enterprise Fund.) 8110 Board of Selectmen Administration Expenses 81,327 8120 Legal Fees & Expenses 225,000 8130 Town Report 6,000 8200 Town Manager Personal Services 302,485 (Of which $38,218 is to be transferred from the Water Enterprise Fund and .� $9,554 is to be transferred from the Sewer Enterprise Fund.) 8200 Town Manager Expenses 16,000 Town Committees 8310 Appropriation Committee Expenses 850 8320 Miscellaneous Boards & Committees Expenses 8,755 8330 Public Celebrations 18,000 Finance 8400 Finance Personal Services 889,388 (Of which$207,353 is to be transferred from the Water Enterprise Fund and $51,838 is to be transferred from the Sewer Enterprise Fund.) 8400 Finance Expenses 329,182 (And in addition that$7,500 of expenses generated from enrollment in the Flexible Spending Plan be funded by the receipt of$7,500 in anticipated revenues.) (And further that the Treasurer and Collector is hereby authorized to enter into compensating balance agreements during fiscal years 1999, 2000 and 2001, as permitted by General Laws Chapter 44, Section 53F.) Town Clerk 8500 Town Clerk Personal Services 144,507 8500 Town Clerk Expenses 35,055 8530 Elections Personal Services 37,250 8530 Elections Expenses 21,820 10:27 p.m. Following a voice vote on the MAIN MOTION,the Moderator declared the Motion ADOPTED. 10:28 p.m. Paul Hamburger, Appropriation Committee, served NOTICE OF RECONSIDERATION of Article 22. Adjourned Session—1999 Annual Town Meeting—April 5, 1999 5!9 ARTICLE 23: SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR(FY99) 10:28 p.m. Presented by Selectman Chairman Peter Enrich. MOTION: That the following sums be appropriated to the current fiscal year's budget: $28,000 to Line Item 8400 Finance Department Expenses and that such amount be transferred from Line Item 8400 Finance Department Personal Services; and $400,000 to Line Item 1100 Lexington Public Schools of which$95,681 be transferred from receipts reserved for appropriation and$304,319 be transferred from the Unreserved Fund Balance. 10:29 p.m. Peter Enrich reported the Board of Selectmen unanimously recommend approval. 10:30 p.m. Paul Hamburger reported the Appropriation Committee unanimously supports the transfer of funds. 10:31 p.m. Ephraim Weiss, pr.5, requested clarification on the unreserved fund. The Moderator explained it was "free cash". 10:31 p.m. Following a voice vote,the Moderator declared the Motion ADOPTED. 10:31 p.m. Paul Hamburger, Appropriation Committee, served NOTICE OF RECONSIDERATION on Article 23. ARTICLE 24: PRIOR YEARS' UNPAID BILLS 10:32 p.m. Selectman Chairman Peter Enrich moved Article 24 be Indefinitely �-- Postponed. 10:32 p.m. Following a unanimous voice vote, the Moderator declared Article 24 INDEFINITELY POSTPONED. ARTICLE 25: SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED CAPITAL IMPROVEMENTS 10:32 p.m. Selectman Chairman Peter Enrich moved Article 25 be Indefinitely Postponed. 10:32 p.m. Following a unanimous voice vote, the Moderator declared Article 25 INDEFINITELY POSTPONED. 10:32 p.m. Selectman Peter Enrich moved to adjourn Town Meeting until Wednesday, April 7, 1999 at 8:00 p.m., at Cary Memorial Hall. 10:32 p.m. Following a voice vote,the Moderator declared the MOTION ADOPTED. A true copy. )1,11/43tait , Attest: Donna M. Hooper, Towr k Jerk fl ADJOURNED SESSION 1999 ANNUAL TOWN MEETING—April 7, 1999 The adjourned session of the 1999 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., in Cary Memorial Hall. A quorum of 169 members was present. 8:00 p.m. The Moderator reviewed procedural issues and explained the meeting would begin with a report from Cary Library,then take up Line Item 1200 of Article 22, followed by reports of the Capital Expenditures Committee and the Engineering Department, followed by Article 26, Reconsideration of Article 14, and a report of the Recreation Committee before Article 29 is taken up. ARTICLE 2: REPORTS OF TOWN OFFICERS,BOARDS AND COMMITTEES 8:02 p.m. Reverend Dr. Peter Meek, President, Cary Memorial Library Board of Trustees,summarized recent changes,vacancies and additions to the Board of Trustees,with Reverend Brian Dixon and former Selectman Dan Fenn leaving the Board's Executive Committee, and Reverend Jed Snyder and Selectman Catherine Abbott joining the Executive Committee. Reverend Meek explained the Friends of Cary Library had recently incorporated as a private nonprofit entity and that the American Library Association had recently recognized Cary Library as one of the outstanding libraries in America. Reverend Meek further explained and updated the year's activities,progress,and future plans,including the recent establishment of the Cary Memorial Library Foundation, a nonprofit entity. 8.07 p.m. William J. Dailey, Jr , Chairman of the Cary Memorial Library Foundation provided an overview of the Foundations' members and fundraising plans. ARTICLE 22: OPERATING BUDGET 8:13 p.m. The Moderator declared the Meeting open under Article 22,Line Item 1200, .� Minuteman Regional School. Education 1200 Minuteman Regional School 797,604 8:13 p.m. Presented by Jane Pagett, Lexington representative to the Minuteman Regional School. Ms. Pagett summarized why she is not recommending the requested appropriation be approved and the basis for a recommended appropriation of$551,882. 8:29 p.m. Paul Lapointe, Appropriation Committee, explained the many reasons for which the Town should embrace Minuteman,what a viable institution the school is,and that it is worthy of Lexington's support. Mr Lapointe pointed out that the member towns comprise less than 50%of the school's enrollment and pay more than 70%of the expenses. He addressed the assessment methodology. 8:39 p.m. Paul Lapointe,Appropriation Committee,presented the following Substitute Motion: SUBSTITUTE MOTION: That$551,882 be appropriated for Line 1200, Minuteman Regional High School,for the ensuing fiscal year and be raised in the tax levy. 8:40 p.m. Mr.Lapointe presented the rationale for the substitute motion,and of the need to signal to Minuteman that Lexington is demanding some action. 8:43 p.m. Eric Michelson, Appropriation Committee, reported that a majority of the Appropriation Committee supports the substitute motion. 8:44 p.m. Sheldon Spector, pr 6, requested a point of order and the motion by the Appropriation Committee. Adjourned Session—1999 Annual Town Meeting—April 7, 1999 531 8:45 p.m. Susan Elberger,School Committee,reported that the School Committee voted 5-0 to support the alternate motion and that the real issue is a lack of support of the financial structure. 8:46 p.m. Selectman Peter Enrich reported the Board of Selectmen unanimously supports the substitute motion. Mr. Enrich explained the Board is deeply troubled by the financial and administrative structure in which Minuteman operates and of the need to send a message to the school,other towns,and the state legislature. Mr.Enrich explained the unspent funds would end up in the free-cash balance and be available in 2000 to appropriate a supplemental appropriation article. 8:48 p.m. Robert Coyne, pr.7, questioned if the substitute motion automatically constitutes a rejection. Mrs.Pagett replied that it did so. Mr.Coyne inquired about results of votes from other town's Town Meeting and of the 1970 agreement. Town Counsel Norman Cohen, stating that he also represented the Minuteman Regional School, stated that the agreement was binding. 8:50 p.m. Robert Coyne,pr 7,continued and asked Representative Jay Kaufman about efforts being taken and of the need to change the agreement. Representative Kaufman,introducing Representative Jim Marzilli from Arlington,explained efforts he has taken . 8:55 p.m. Ephraim Weiss,pr.5,moved a 30 minute recess to discuss the matter further. 8.55 p.m. Following a voice vote, the Moderator declared a 30 minute recess for informal discussion. Representative Jim Marzilli, 15 Stevens Terrace,Arlington spoke on the Minuteman issues. r- 9:25 p.m. The Moderator declared the Meeting back in formal session. 9:25 p.m. Don Jenkins, pr.8, read from the auditor's report on Minuteman's available funds, and spoke in opposition to the amendment. 9:27 p.m. Albert Zabin,pr.1, spoke in favor of the amendment. 9:31 p.m. Sam Berman,pr.3,questioned the impact of passing the motion. Mrs.Pagett explained that passage will send a message to Minuteman that Lexington is not happy with the way they do business. 9:33 p.m. Sam Berman,pr.3, questioned if the goal was to shut down Minuteman. Mrs. Pagett replied that that was not true. 9.33 p.m. Paul Jenkins,pr 8, spoke in opposition to the motion. 9:34 p.m. Jane Pagett informed the Meeting that the Superintendent would not appear at a Town Meeting with a representative who did not support the budget. 9:35 p.m. Fred Rosenberg, Lexington School Committee, reported the Committee supports the program at Minuteman but opposes subsidizing out of distnct towns and I� Minuteman's acceptance of"choice" students. 9:38 p.m. Martin Long, pr. 6, moved the question. 9:38 p.m. The Moderator questioned if the Substitute Motion should not be put. 9:38 p.m. Leo P. McSweeney, pr.9, called for a Roll Call vote when the question is voted. The Moderator, not seeing 49 others standing, stated that a Roll Call would not be taken. 9:39 p.m. Following a voice vote, the Moderator declared the Substitute Motion now put. 532 Adjourned Session—1999 Annual Town Meeting—April 7, 1999 9:39 p.m. Following a voice vote, the Moderator declared the Substitute Motion ADOPTED. 9:40 p.m. Following a voice vote,the Moderator declared the Motion, as Substituted, ADOPTED. 9.40 p.m. Charles Hornig,Capital Expenditures Committee,moved the revised Report of the Capital Expenditures Committee,dated March 29, 1999 be Accepted and Placed on File. Following a voice vote, the Moderator declared the Report Accepted and Placed on File. 9:41 p.m. Mr.Hornig explained the challenges facing Lexington to meet capital needs. 9:49 p.m. Sheldon Spector,pr 6,requested a Point of Personal Privilege and pointed out the deteriorating condition of the neighborhood sidewalks. 9:50 p.m. Public Works Director George Woodbury requested the Moderator recognize Mr. Gordon Daring, of Vanasse Hangen Bruslin, Inc., for a presentation on the computer software system purchased for the analysis of and prediction for street improvements. Mr. Daring explained the results of the analysis and of the road rehabilitation backlog confronting Lexington. ARTICLE 26: CAPITAL PROJECTS AND EQUIPMENT 10:04 p.m. Presented by Selectman Catherine Abbott. MOTION: That$2,013,500 is appropriated for the following capital improvements and that such amount be raised as indicated: (a) Town Building Envelope Remodeling Program- $500,000 and the Treasurer with the approval of the Board of Selectmen is authorized to borrow$500,000 under G.L. c 44, §7(3A); (b) Landfill Closure Design - $100,000 and such amount shall be raised in the tax -- 1 levy; (c) Street Related Improvements - $700,000 and the Selectmen are authorized to accept highway funds from all sources including the $700,000 allocated under Chapter 90 of the General Laws, and the Treasurer with the approval of the Selectmen is authorized to issue Highway ReimbursementNotes under G.L.c.44, §6 as amended; (d) Public Works Equipment- $125,000 and such amount shall be transferred from the Sewer Enterprise Fund; (e) Fire Department Ladder Truck- $588,500 and that$200,000 shall be transferred from the Stabilization Fund and$388,500 shall be raised in the tax levy. Ms. Abbott reported that the Selectmen recommend approval of all items under Article 26. 10:13 p.m. Charles Hornig, Capital Expenditures Committee, reported the Committee unanimously recommends approval of Article 26,though has concerns that the Article is an inadequate funding level and that normally borrowing of$500,000 for the building envelope program would not be approved by itself. 10:15 p.m. Alan Levine, Appropriation Committee, reported a majority of the Appropriation Committee recommends approval of all five items requested and that the Building Envelope program of$500,000 is particularly warranted, and the landfill work is clearly necessary work to be done. 10:17 p.m. Paul Lapointe presented the Minority Report of the Appropriation Committee, stating the need to appropriate more cash and borrow for fewer items,future facility review and use for the Fire Headquarters,and landfill closure design costs. 10:20 p.m. David Kanter,pr.7,questioned bonding,landfill closure,and the road study. Town Counsel Norman Cohen commented the bonding would normally be for a period of five years and was not callable. Adjourned Session—1999 Annual Town Meeting—April 7, 1999 533 10:22 p.m. Town Manager Richard White explained that the landfill closure requires a closure plan. 10:24 p.m. Joel Adler,pr.1,questioned the road condition of a section of Marrett Road. Public Works Director George Woodbury stated that resurfacing was a State project. 10:25 p.m. David Rudner,pr.2,spoke in support of the Capital Expenditures Committee argument for a comprehensive plan and questioned Mrs.Abbott when a plan would be ready. Mrs. Abbott confirmed the Selectmen and Town Manager recognize the importance of capital planning and that a comprehensive facility study would be conducted over the summer months, and needs for Selectmen and School Committee capital study brought to -- Town Meeting in 2000. 10:28 p.m. David Kaufman,pr.6,explained he had planned to suggest an amendment to add funding for street improvements but would not be doing so. He questioned if the Selectmen could quantify additional costs to be incurred this year if not doing work until next year. George Woodbury explained the FY2000 Chapter 90 funding would only fall back by $200,000 in the one year and that the fall back in following years would be significant. 10:30 p.m. Perry Pollins, pr.5, commented on the need for Capital Expenditures and Appropriation Committee's consideration of tax impact on property owners of decisions made. 1011 p.m. Appropriation Committee Chairman Paul Hamburger explained the Committee has estimated impacts. 10:31 p.m. Charles Hornig, Capital Expenditures Committee, explained taxpayer affordability is considered by the Committee. 10:32 p.m. Perry Pollins,pr.5,explained the order of magnitude of the future impact on taxes and overrides needs to be communicated to the taxpayer. 10:32 p.m. Ephraim Weiss,pr.5,questioned Mr.Woodbury on amount of funding needed for FY2000 to prevent the Town from falling behind. Mr. Woodbury estimates$200,000 is needed. Mr. Weiss further stated the need to inform residents on how far behind the repair needs are for the Town's roads and buildings. 1014 p.m. Edith Sandy, pr.6, questioned the costs of the software and analysis work done. Mr. Woodbury explained the entire $54,000 covered software and analysis work which analyzed the roads by linear foot and the process needed by each road segment. 10:36 p.m. Robert Rotberg, pr.3, questioned upcoming work to be done on Concord Avenue. Peter Chalpin, Town Engineer, explained needs and proposed work. 10:38 p.m. Following a voice vote, the Moderator declared the Motion ADOPTED by more than the required two-thirds vote. 10:38 p.m. Charles Hornig, Capital Expenditures Committee, served Notice of Reconsideration on Article 26. 10:39 p.m. The Moderator explained the next session would take up Article 14, 27, 28, and Recreation and Hennessy field articles and that Carol Batstone would be moving reconsideration of Article 6 Section A-3 on Wednesday, April 14. 10:39 p.m. Selectman Chairman Peter Enrich moved to adjourn Town Meeting until Monday,April 12, 1999 at 8:00 p.m., at Cary Memorial Hall. 10:39 p.m. Following a voice vote,the Moderator declared the MOTION ADOPTED. A true copy. Attest: / PALL))114)-01(2)4_, Donna M. Hooper,To Clerk °c. ADJOURNED SESSION 1999 ANNUAL TOWN MEETING—April 12, 1999 The adjourned session of the 1999 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., in Cary Memorial Hall. A quorum of 186 members was present. 8:00 p.m. The Moderator reviewed procedural issues and explained the meeting would begin with reports under Article Two from the Strategic Planning Committee, Recreation Committee, and Hennessy Field Committee,to be followed by reconsideration of Article 14,then Articles 27 through 40, with Article 16 being taken up before Article 30. It is expected that Reconsideration will be moved for Article 6A3 on April 14. ARTICLE 2: REPORTS OF TOWN OFFICERS,BOARDS AND COMMITTEES 8.02 p.m. Peggy Perry, 35 Lawrence Lane, reported on the efforts of the Strategic Planning Committee,a steering committee charged with long range goal setting. Lexington 20/20 Vision is an inclusive and practical process for realizable goals. 8:09 p.m. Sandra Shaw presented a report of the Recreation Committee. 8:14 p.m. Steven Colman,Hennessy Field Committee Chairman,moved that the Report of the Hennessy Field Committee be accepted and placed on file. Following a unanimous voice vote,the Moderator declared the report Accepted and Placed on File. Mr. Colman outlined the field challenges faced by the town, immediate demand for additional fields,and reported the most appropriate use of the Hennessy Field is conservation purposes. The Committee unanimously recommends transfer of the Hennessy Field to the Conservation Commission,building of a new field at the Harrington School,and improved maintenance practices and use policies at all fields. ARTICLE 14: HOME RULE PETITION: MANSIONIZATION 8:21 p.m. Peter Kelley,pr.4, moved Reconsideration of Article 14. 8:22 p.m. Mr.Kelley explained the reasons for reconsideration of the article,that he saw it as a threat to personal freedoms and personal property rights. 8:27 p.m. Selectman Peter Enrich reported four of the five Selectmen opposed reconsideration, stating the issue had previously been carefully debated and thoroughly discussed. 8:28 p.m. Fred Merrill, Planning Board Chairman, reported the Planning Board was unanimously opposed to reconsideration and stated no new information had been introduced. 8:29 .m. James Barry,pr 1,questioned the impact of this evening's action on hearings p P g g being conducted tomorrow by the State Legislature. Selectman Enrich explained the Town will prepare legislation for enactment based upon the expressed desires of town meeting. 8:30 p.m. Bruce Collier, pr.3, spoke in opposition to reconsideration. 8:31 p.m. Robert Cohen, pr.3, spoke in support, citing the article could destroy individual property rights. 8:33 p.m. Jacqueline Davison,pr.3, spoke in opposition to reconsideration. 8:34 p.m. Leo McSweeney,pr.9, spoke in favor of reconsideration. 8:34 p.m. Following a voice vote,the Moderator declared the motion NOT ADOPTED and Reconsideration did not prevail. Adjourned Session—1999 Annual Town Meeting—April 12, 1999 L ARTICLE 27: SANITARY SEWERS 8:35 p.m. Presented by Selectman Catherine Abbott. MOTION: That the Selectmen be and they hereby are authorized 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 amendments thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; to appropriate for such installation and land acquisition the sum of$300,000 and to raise such amount the Treasurer with the approval of the Board of Selectmen is authorized to borrow $300,000 under G.L. Chapter 44 §7(1); and to authorize the Selectmen to apply for,accept,expend and borrow in anticipation of federal and state aid for such sewer projects. 8:35 p.m. Catherine Abbott explained the Selectmen's support and reported the Selectmen unanimously recommended approval. 8:37 p.m. Charles Hornig, Chairman, Capital Expenditures Committee, reported the Committee's unanimous support. 8:38 p.m. The Moderator reported the Appropriation Committee's unanimous support. 8:38 p.m. Martin Long,pr.6,questioned town underwriting sewer on undeveloped lots, and spoke in opposition to the motion. 8:39 p.m. John Hayward,pr.5, called the Question. 8:39 p.m. Following a voice vote on the motion for the main question to now be put, the Moderator declared the motion ADOPTED and the main question now put. ^-- 8:39 p.m. Following a voice vote,the Moderator DECLARED,with more than the two- thirds vote required,the motion ADOPTED. t I 8.40 p.m. Charles Hornig, Capital Expenditures Committee, served Notice of Reconsideration on Article 27. ARTICLE 28: WATER MAINS 8:40 p.m. Presented by Selectman Catherine Abbott. MOTION: That the Selectmen be and they hereby are authorized to install new or replacement water mains and line and reline 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; to appropriate $315,000 for such installation and lining and land acquisition; and to raise such amount$315,000 be transferred from the Water Enterprise Fund; and to authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid for such water projects. 8:42 p.m. Ms. Abbott presented background on the article and reported the Board of Selectmen unanimously supports approval. 8:43 p.m. The Moderator reported the Capital Expenditures Committee and Appropriation Committee unanimously support approval. 8:43 p.m. David Rudner, pr.2, questioned and complimented Public Works Director George Woodbury on efforts taken to address impacts of accumulation of cement in pipes and increased pH levels of water. 8:44 p.m. Senior Engineer David Carbonneau explained the quality control steps taken by the Town and the positive results achieved in addressing water quality. 8.46 p.m. Following a unanimous voice vote, the Moderator declared the motion ADOPTED. 536 Adjourned Session—1999 Annual Town Meeting—April 12, 1999 8.46 p.m. Charles Hornig, Capital Expenditures Committee, served Notice of Reconsideration on Article 28. ARTICLE 29: PINE MEADOWS IMPROVEMENTS 8:46 p.m. Presented by Donald Chisholm, Recreation Committee. MOTION: That the sum of$170,000 be appropriated to make improvements in the Pine Meadows Golf Course as determined by the Recreation Committee with the approval of the Board of Selectmen, and to raise such amount $170,000 be transferred from the Recreation Enterprise Fund. 8:46 p.m. Mr. Chisholm explained the Committee's plans and needs at Pine Meadows. 8:49 p.m. Shirley Stolz, Capital Expenditures Committee, reported the Committee unanimously recommends passage of the article. 8:50 p.m. The Moderator reported the Appropnation Committee' unanimous support. 8:50 p.m. Selectman Catherine Abbott reported unanimous support of the Board of Selectmen. 8.51 p.m. Following a unanimous voice vote, the Moderator declared the motion ADOPTED. 8.51 p.m. Charles Hornig, Capital Expenditures Committee, served notice of reconsideration on Article 29. ARTICLE 16: TRANSFER OF HENNESSY FIELD PROPERTY TO CONSERVATION COMMISSION 8:51 p.m. Presented by Selectman Jeanne Krieger. MOTION: That the Town transfer the care, custody, management and control of the land acquired by an order of taking dated June 25, 1962 and recorded in the Middlesex South Registry of Deeds Book 10065, Page 405 and known as Hennessy's Field, to the Conservation Commission for conservation purposes as provided by Section 8C of Chapter 40 of the General Laws, as amended. 8:51 p.m. Mrs. Krieger spoke in support of the transfer to conservation and of the incompatibility of soccer at the Hennessy meadow location. Mrs. Krieger reported unanimous support of the Board of Selectmen for this article. 8:53 p.m. Steven Colman, Planning Board, reported the Planning Board's unanimous support. 8.54 p.m. Joyce Miller, Conservation Commission, reported the Conservation Commission unanimously supports the transfer to Conservation. 8:54 p.m. Sandra Shaw,Recreation Committee,reported the Committee did not take a vote on the Article. -J 8:55 p.m. Ephraim Weiss,pr.5,questioned the position of the School Committee needs for new elementary school sites. 8.56 p.m. School Committee Chairman Barrie Peltz reported the Committee had chosen to take individual positions on this article and that future school site needs had not been seen as germane to this vote. 8:56 p.m. Bruce Collier,pr.3, spoke in support. 8:58 p.m. Deborah Brown,pr.7,presented a few slides in support of the Hennessy field transfer to Conservation. r :>g Adjourned Session—1999 Annual Town Meeting—April 12, 1999 9:01 p.m. Following a voice vote, the Moderator DECLARED the motion ADOPTED by more than the required two-thirds vote. ARTICLE 30: ATHLETIC FIELD DEVELOPMENT 9:02 p.m. Presented by Donald Chisholm, Recreation Committee. MOTION: That the sum of$165,000 be appropriated to construct an athletic field and to make improvements to existing recreational facilities as determined by the Recreation Committee with the approval of the Board of Selectmen; and that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow$165,000 under G.L.c '7(25), such borrowing to constitute a general obligation of the town - although it is the intent of the town to pay debt service on this borrowing from the Recreation Enterprise Fund. 9:02 p.m. Mr. Chisholm presented rationale and plans for Harrington School field development. 9 11 p.m. Shirley Stolz,Capital Expenditures Committee,reported the majority of the Committee supports the article. 9:14 p.m. Selectman Jeanne Krieger reported four of the five Selectmen supported the motion. 9 15 p.m. Dawn McKenna presented the Minority Report of the Board of Selectmen, stating passage places the Recreation Committee in diminished capacity to fund Article 31 104 9:16 p.m. Nancy Adler,pr 1,questioned the availability of and Town usage of Christian Academy fields. Mr. Chisholm explained find unavailability. Recreation Director Karen Simmons explained current discussions with Christian Academy and field unavailability for Town usage. Mr. Chisholm also referenced usage of Hanscom AFB fields. 9:18 p.m. David Rudner,pr.2,questioned the immediacy of need for the proposed field at Harrington School and the net increased capacity from Article 31. 9:19 p.m. Don Chisholm explained the portion of Article 31 dealing with multi-use fields is primarily fields at Clarke and Diamond Middle Schools and that the Harrington situation will provide for more maneuverability of fields. 9:22 p.m. Scott Burson, pr 4, spoke in support. 9:24 p.m. Joyce Miller,pr. 7, served Notice of Reconsideration of Article 16. 9:25 p.m. Marianne Lazarus, pr.6, questioned field irrigation costs. Don Chisholm explained irrigation and borrowing needs. 9:28 p.m. Frank Sandy,pr 6,raised a question on future school site plans to Mrs.Peltz. 9:29 p.m. Barrie Peltz, School Committee Chairman,explained the elementary school plans currently on file all call for additions to existing buildings. No new sites are viable or practical. 9:30 p.m. Martin Long reported the School Committee's unanimous support. 9:30 p.m. Kenneth Reich, pr 4, questioned funding and yearly payments to be made from the Enterprise fund. Mr. Chisholm expressed the Recreation Committee's agreement to funding demands. 9:32 p.m. Mr.Reich questioned landscaping needs and tree removal,affect on drainage, and valuing tree preservation. Brian Gilbert, Superintendent of Parks, explained the remaining work required with siting fields,adjacent wetlands issues,and need to present to the Conservation Commission any plans for work within 100 ft. of wetlands. Adjourned Session—1999 Annual Town Meeting—April 12, 1999 9:34 p.m. Don Chisholm explained the Recreation Committee is dealing with Harrington School representatives, has not yet had discussions with the Conservation Commission, and of the possibility they may not have to be within the 100 ft. buffer zone. 9:35 p.m. Andrew Friedlich, pr.5, reported his sense that the Principal at Harrington School favored the project, and also commented on lacrosse cleat damage to fields. opposition. p.m. Ephraim Weiss, pr.5, spoke in 9:37 p.m. David Kanter, pr.7,moved the question. 9 37 p.m. Following a voice vote,the Moderator declared the main question now put. 9:38 p.m. Following a voice vote,the Moderator DECLARED the Motion ADOPTED by more than the required two-thirds vote. 9:38 p.m. Charles Hornig, Capital Expenditures Committee, served Notice of Reconsideration of Article 30. ARTICLE 31: ATHLETIC FIELDS IMPROVEMENTS 9:39 p.m. Presented by Richard Neumeier, Recreation Committee. MOTION: That$1,700,000 is appropriated to make improvements to the athletic facilities at Clarke Middle School, Diamond Middle School and Lexington High School as part of the school projects voted under Article 2 of the warrant for the November 9, 1998 Special Town Meeting;that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow$1,700,000 under G.L.c.44,§7 or Chapter 645 of the Acts of 1948 as amended; and that the Permanent Building Committee is authorized to take any other action necessary to carry out this project. 9:39 p.m. Mr.Neumeier explained need for field improvements and reasons for support. 9:45 p.m. Shirley Stolz reported the Capital Expenditures Committee's unanimous support and recommendation. 9:46 p.m. Paul Hamburger reported the Appropriation Committee's unanimous support. 9:47 p.m. Catherine Abbott reported the Board of Selectmen's unanimous approval for the Article but that member Dawn McKenna would like the Recreation Committee to cover the costs out of Enterprise Funds. 9:48 p.m. Selectman Dawn McKenna reported on her wish to have the Enterprise Fund cover the costs of the project but of her support of the Article. 9:50 p.m. Robin DiGiammarino reported the School Committee had voted four to one in favor of Article 31 and commented on the collaboration between town and school departments with overlapping needs. 9:51 p.m. Sam Silverman,pr.5,questioned the wording of the article,issue of increased borrowing over past years, and impact on total debt. Town Manager Richard White explained the Town received again a AAA rating from Moody's. Finance Director John Ryan explained all debt service approximates $4,000,000. 9:55 p.m. David Kanter,pr.7,requested Town Counsel's confirmation as to what this commits the Recreation Department to for funding. Town Counsel Norman Cohen urged Town Meeting not to get into the habit of stipulating where funds come from to pay off bond issues -that it's not good for bond rating. 9:56 p.m. David Kanter, pr.7, questioned how the obligations for the Library were handled. Town Counsel Norman Cohen explained the Town appropriated the whole amount. Adjourned Session—1999 Annual Town Meeting—April 12, 1999 539 9:58 p.m. William Frawley,pr.3,questioned if it was common to bond a 20 year project and that the school bond was predicated on 40 year requirement for improvements. Town Counsel Norman Cohen explained that it could be bonded for 20 years as it would be part of the entire project,taken as a whole. 10:00 p.m. Bruce Collier, pr.3, questioned the 20% town share to be covered by the School Department. 10:01 p.m. Nicholas Cannalonga, pr.3, questioned obligation if no reimbursement is received. 10.01 p.m. Following a voice vote, the Moderator DECLARED, with more than the required two-thirds vote,the Motion ADOPTED. 10:01 p.m. Charles Hornig, Capital Expenditures Committee, served Notice of Reconsideration of Article 31. ARTICLE 32: SCHOOL TECHNOLOGY PROGRAM 10:02 p.m. Presented by Fred Rosenberg, School Committee. MOTION: That the sum of$600,000 be appropriated for the purchase of computer hardware and software; and that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow$600,000 under G.L.c.44, §7. 10.04 p.m. Mr. Rosenberg explained the plans for this year's computers and technology integration in the schools. 10:04 p.m. Karen Dooks, Capital Expenditures Committee, reported the Committee's unanimous recommendation for passage. 10.04 p.m. The Moderator declared the unanimous support of the Appropriation Committee. 10:04 p.m. Dawn McKenna reported unanimous support of the Board of Selectmen. 10:04 p.m. Alan Lazarus, pr.6, questioned what becomes of the computers being replaced. Mr. Rosenberg explained those computers being replaced are quite old. 10:05 p.m. Following a voice vote, the Moderator DECLARED, with more than the required two-thirds vote,the Motion ADOPTED. 10:06 p.m. Charles Hornig, Capital Expenditures Committee, served Notice of Reconsideration of Article 32. ARTICLE 33: SCHOOL CAPITAL PROJECT 10:06 p.m. Presented by Susan Elberger, School Committee. MOTION: That the sum of$1,505,000 be appropriated for remodeling, reconstructing and making extraordinary repairs to school buildings and for the purchase of additional equipment therefor;that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow$1,505,000 under G.L.c.44,§7 or Chapter 645 of the Acts of 1948 as amended; and that the Permanent Building Committee is authorized to take all action necessary to carry out this project. 10:06 p.m. Susan Elberger explained the basis of the article. 10:08 p.m. Karen Dooks reported unanimous support of the Capital Expenditures Committee for Article 33 and explained the Committee was concerned about the condition of the elementary schools. 540 Adjourned Session—1999 Annual Town Meeting—April 12, 1999 10:09 p.m. Ron Pawliczek reported unanimous support of the Appropriation Committee. 10:09 p.m. Dawn McKenna report unanimous support of the Board of Selectmen. 10:09 p.m. Following a voice vote, the Moderator DECLARED, with more than the required two-thirds vote,the Motion ADOPTED. 10:10 p.m. Charles Hornig, Capital Expenditures Committee, served Notice of Reconsideration of Article 33. ARTICLE 34: LAND ACQUISITION BOND 10:10 p.m. Presented by Philip Hamilton, Conservation Commission. MOTION: That $3,000,000 is appropriated for acquiring land for open space and conservation purposes, including outdoor recreation, as provided by G.L.c.40, §8C as amended;that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $3,000,000 under G.L.c.44,§7(3);provided,however,that this appropriation and the expenditure of funds pursuant thereto shall be limited to the acquisition of such land and/or interests in land as may be approved by a two- thirds vote of an annual or special town meeting. 10.10 p.m. Phil Hamilton explained demands on land acquisition and past acquisitions. He expressed a need to show landowners the town is committed to a land acquisition program and a need to build land acquisition into future budgets. Passage of this motion does not obligate any future Town Meeting. 10:17 p.m. Joyce Miller,Conservation Commission Chairman,explained the need to act and provide for future land acquisitions. 10:19 p.m. Shirley Stolz,Capital Expenditures Committee,reported unanimous support of the Committee. 10.19 p.m. Paul Hamburger, Appropriation Committee, reported after considerable discussions with the Conservation Commission, a majority of the Committee is against passage of the Article. Mr. Hamburger explained the Committee feels there are large expenditures looming in front of the town expressed concern if Town Meeting votes the article they are sending a message which is not likely to be practically implemented. 10:20 p.m. Elizabeth Eddison reported unanimous support of the Board of Selectmen. 10:21 p.m. David Kanter, pr.7, spoke in opposition and of the town's facing unfunded infrastructure requirements. 10:22 p.m. Marianne Lazarus, pr 6, spoke in support. 10.24 p.m. Thomas Diaz, pr.2, questioned the fiscal meaning of the article. Selectman Peter Enrich explained if there are no purchases this has no impact on the budget and that any purchases must be brought before Town Meeting for a two-thirds vote to purchase. 10:25 p.m. Sam Berman,pr.3, questioned if the$3,000,000 carried into the future. Mr. Hamilton replied that it did so. 10:26 p.m. Charles Hornig,pr.8,informed the membership he is part owner of one of the .., possible pieces of land and will abstain from voting. 10:26 p.m. Jacqueline Davison, pr.3, spoke in support. 10:27 p.m. Ira Bernstein,pr.2,questioned if funding provides assurances to owners. Mr. Hamilton responded that it gives hope. 10:28 p.m. Kenneth Reich, pr.4, spoke in opposition and questioned impact on bond rating. Town Counsel Norman Cohen informed the membership it had no impact until the Town actually borrows. Adjourned Session—1999 Annual Town Meeting—April 12, 1999 10:29 p.m. Following a voice vote,the Moderator called for a standing vote on Article 34, which was tallied as follows Precinct Yes No Abstain 1 11 2 2 4 6 3 12 3 4 11 5 5 11 6 6 10 4 "-" 7 9 5 8 9 3 9 10 5 At-Large 15 4 1 TOTAL 102 43 1 10:32 p.m. With more than the required two-thirds vote, the Moderator declared the Motion ADOPTED. 10:32 p.m. Karen Dooks served Notice of Reconsideration of Article 34. ARTICLE 35: LAND ACQUSITION 10:32 p.m. Presented by Joyce Miller, Conservation Commission MOTION: That this Article be Indefinitely Postponed. 10:32 p.m. Following a voice vote, the Moderator declared the Article Indefinitely Postponed. ARTICLE 36: TOWN BUILDING INSPECTION 10:33 p.m. Presented by Ephraim Weiss,pr.5. r-- MOTION: That the Town instruct the Town Manager to ensure the inspection of each Town building in the Town whose replacement value exceeds one million dollars and to issue a summary annual inspection report, including estimates of the condition and life expectancy of each structure and its major components and of all major systems in the building, as well as an estimate of costs of necessary repairs, replacement and annual maintenance;that$5,000 be appropriated for such purpose and that such amount be raised in the tax levy. 10:33 p.m. Mr. Weiss explained the motion intent and need to maintain the infrastructure, and to project anticipated future needs for a Proposition 2 1/2 override to cover costs to address infrastructure needs. 10:37 p.m. Paul Hamburger, Appropriation Committee, reported the Committee's opposition to the motion,explaining that sufficient studies have been done and the Board of Selectmen can do what is needed without this Article. 10:38 p.m. Selectman Chairman Peter Enrich reported that the stewardship of capital assets and infrastructure are among the Board's most important responsibilities and he welcomes Mr. Weiss' attempt to keep the Board of Selectmen focussed on the needs. However, the Board of Selectmen is unanimously opposed to the motion. Mr. Enrich explained the plans to embark upon, after town meeting, an overall survey of the town's facilities use and needs. Town staff will conduct careful analysis of our ability to meet cash capital needs,including use of a set of measures addressing concerns which are raised by Mr. Weiss. 10.41 p.m. Paul Lapointe,Appropriation Committee,presented a Minority Report of the Committee, and expressed the need for a systematic assessment of and audit one's own facilities. Mr. Lapointe values the motion as a demonstration project. 10:43 p.m. Fred Rosenberg, School Committee, reported the Committee's unanimous opposition. Though the Committee agrees with the need to address all of the town's buildings, the schools are under the jurisdiction of the School Department. The School Department has brought forward plans for some buildings,with others in the works. 9 Adjourned Session—1999 Annual Town Meeting—April 12, 1999 10.45 p.m. Sam Berman, pr.3, spoke in support and of the need to present to Town Meeting a list of needs and estimated costs. 10:46 p.m. David Kanter, pr.7, spoke in opposition. 10:47 p.m. William Frawley, pr.3, spoke in favor 10:48 p.m. Bruce Collier, pr.3, spoke in opposition. 10.50 p.m. Ephraim Weiss, pr.5, addressed some issues raised, including School Committee jurisdiction over buildings and of his previously raising these issues many years prior. r-, 10:53 p.m. Following a voice vote, the Moderator declared the Motion NOT ADOPTED. ARTICLE 37: TOWN COMPREHENSIVE CULTURAL RESOURCES SURVEY 10:53 p.m. Presented by Robert Whitman,pr.8. MOTION: That$12,000 be appropriated to enable the Town to receive a grant from the Massachusetts Historical Commission for the Lexington Historical Commission to upgrade, correct and make additions to the Town Comprehensive Cultural Resources Survey, and that such amount be transferred from receipts reserved for appropriation; provided, however,that no expenditure hereunder shall occur until the Board of Selectmen has determined that such grant will be received. 10:53 p.m. Mr. Whitman requested the Moderator recognize Thomas Taylor of the Historical Commission who presented the need for the Town to match a grant from the Massachusetts Historical Commission for compilation of a historical survey. Mr Taylor also reviewed previous surveys conducted and plans for surveying the late 19`h and early 20t century structures, approximately 450 properties. This survey, for which a 60% grant is available,will assist in demolition delay since properties listed in inventory must request a --� public hearing before demolition may be authorized. 11.00 p.m. Paul Hamburger, Appropriation Committee, reported the majority of the Committee supports the motion. 11.00 p.m. Dawn McKenna reported the unanimous support of the Board of Selectmen. 11.01 p.m. Following a unanimous voice vote, the Moderator declared the motion UNANIMOUSLY ADOPTED. ARTICLE 38: Y2K 11:01 p.m. Presented by Selectman Jeanne Krieger. MOTION: That $15,000 be appropriated to fund any unforeseen expenses relating to Y2K problems,and that such amount be transferred from receipts reserved for appropriation. 11:01 p.m. Mrs. Krieger summarized the Town's efforts to address any possible operational issues as the year 2000 and new millenium approach. 11:01 p.m. Mrs.Krieger reported the Selectmen's unanimous support for the motion and for the competence of the myriad of teams the Town has organized for preparations for the year 2000. 11.03 p.m. Paul Hamburger reported unanimous support of the Appropriation Committee for Article 38. 11:05 p.m. Following a unanimous voice vote, the Moderator declared the Motion UNANIMOUSLY ADOPTED. Adjourned Session—1999 Annual Town Meeting—April 12, 1999 543 ARTICLE 39: STABILIZATION FUND 11:05 p.m. Presented by Selectman Dawn McKenna. MOTION: That this article be Indefinitely Postponed. 11:05 p.m. Following a voice vote,the Moderator declared the Motion ADOPTED. ARTICLE 9: ZONING BY-LAW,CN and RO to CD, 903 WALTHAM STREET 11:05 p.m. Presented by Stacey P. Bridge-Denzak, Planning Board. MOTION: That this article be Indefinitely Postponed. 11:06 p.m. Following a voice vote, the Moderator declared the Motion ADOPTED. ARTICLE 40: USE OF FUNDS TO REDUCE TAX RATE 11:07 p.m. Presented by Selectman Peter Enrich. MOTION: That the sum of$1,585,562 be appropriated to reduce the tax levy for the fiscal year beginning July 1, 1999,and that such amount be transferred from the Unreserved Fund Balance. 11:08 p.m. Paul Hamburger, Appropriation Committee, summarized estimated Free Cash before Town Meeting, Free Cash committed during Town Meeting, and estimated $832,698 post Town Meeting Balance. Mr. Hamburger reported the Appropriation Committee unanimously supports the Article. 11:09 p.m. Following a unanimous voice vote,the Moderator declared the Motion UNANIMOUSLY ADOPTED. 11:09 p.m. Selectman Chairman Peter Enrich moved that the 1999 Annual Town Meeting be DISSOLVED. Following a voice vote,the Moderator declared the MOTION ADOPTED. A true copy. Attest: •` ®T - �' �' 1 0 Donna M. Hooper, To , Clerk 54A- Alan Garber, 7 Linmoor Terrace, resigned as a Town Meeting Member from Precinct 7 effective August 16, ]999. Kate Priscilla Diamond, ]5 Franklin Road, resigned as a Town Meeting member from Precinct 6 effective January 12, 2000. Peter Diamond, ]5 Franklin Road, resigned as a Town Meeting Member from Precinct 6 effective January 12, 2000. Bruce Collier, 2 Barberry Road, resigned as a Town Meeting Member from Precinct 3 effective January 24, 2000. 545 I (Warrant for Presidential Primary—See WARRANT FILE) PRESIDENTIAL PRIMARY MARCH 7,2000 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, March 7, 2000 at 7:00 a.m. The following places were designated as the voting places for the various precincts: '"- Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Clarke Middle School; Precinct Four, Senior High School; Precinct Five, Cary Memorial Building; Precinct Six, Diamond Middle School; Precinct Seven, Estabrook School, Precinct Eight, Fire Headquarters Building; Precinct Nine, Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two D/U Eileen Fradette/Judith Marcus Warden U Duncan MacQueen D Margaret Blouin Clerk U/D Dorothy Bond/Donna Alexson D Robert Blouin Inspector U Alice Bevington U Sally Johnson Inspector D Rita Casey U Margaret Kelly Inspector R Nicholas Hay U Doris Pemberton Inspector U Marjorie McNicholas U Richard Pemberton Inspector U Clifford Pehrson U Martha Shurtleff Inspector D Ephraim Weiss D Bernice Weiss Inspector Precinct Three Precinct Four U Marjorie Modoono Warden D Gulli Kula j U Alice Hopkins Clerk R Richard Crawford r-- D Maarib Baz7az Inspector R Beverly Aker D Raymond Carberry Inspector R Doris Berkstresser R Lillian Drury Inspector U Mary Devoe U Helen Euart Inspector D Elizabeth Fleming U JoAnn Eurich Inspector R Raymond Flynn D Marcia Flint Inspector D Katherine Marotto U Blanche Spilewski Inspector U Eleanor Smith U Laura Welby Inspector R Gladys Snyder Precinct Five Precinct Six D Eric Kula Warden R Dorothy Boggia U Grace Ayers Clerk D Mary Casey U Faith Fenske Inspector U Alla Fedus R Dorothy Gauthier Inspector D Katherine Geanacopulos D M. Elinor Greenway Inspector U Harriet Morrison U Alice Jones Inspector U Mae Sandler U Cecli Jones Inspector R Barbara Simmons U Alice Stringos Inspector R William Simmons D Priscilla Winter Inspector R Burton Smith Precinct Seven Precinct Eight U A. Estelle Szalajeski Warden D Gerald Abegg U Bernice Gerrig Clerk D Catherine Jones D Mary Ayvazian Inspector D Claire Abernathy R Isabelle Bennett Inspector U Doris Barclay D Mildred Collentro Inspector R Judith Chudigian D Robert Greenway Inspector U Leo Chudigian U Sylvia Haroules Inspector U Donna Keane D Edna Holloran Inspector U Kenneth MacWilliams R David Kanter Inspector D Linda Schauman D Muriel Taylor Inspector F A.-j March 7, 2000 Presidential Primary, cont... Precinct Nine U Clark Schuler Warden R Robert Edwards Clerk R Carole Scalise U Carole Butler Inspector U Francis Coscia D Eileen McAlduff Inspector D George McCormack D Edith Paster Inspector D Catherine Rego U Judith Schuler Inspector U Anne Taylor The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until r--, eight o'clock P.M., at which time, after due notice,the polls were declared closed. The total number of registered voters in each precinct eligible to vote as of February 16, 2000 is as follows: Precinct Registered Democrat Libertarian Republican Unenrolled Other Voters 1 1949 785 2 289 869 4 2 2358 1092 1 276 986 3 3 2484 931 1 402 1147 3 4 2437 1018 1 343 1074 1 5 2360 889 4 419 1047 1 6 2504 1022 5 420 1053 4 7 2261 880 3 338 1034 6 8 2360 890 2 391 1076 1 9 2162 788 8 323 1043 0 Totals 20875 8295 27 3201 9329 23 P.1-4 Inter.3rd Party;P.2—3 Inter 3rd Party;P.3—2 Inter 3rd Party, 1 Socialist; P.4— 1 Inter.3rd Party;P.5—1 Refort;P.6— 1 Inter 3rd Party, 2 Socialist, 1 Reform, P 7— 1 Green Party USA,3 Inter.3rd Party, 1 Reform, 1 Rainbow Coalition P.8— 1 Green Party USA. Recap sheets were delivered to the Town Clerk at the Town Office Building. ----\ 42% of the registered voters cast their vote. The Town Clerk canvassed the results: Precinct Democrat Libertarian Renublican Total Voted 1 456 0 322 778 5 720 0 349 1069 3 591 1 400 992 4 639 0 390 1029 5 505 0 392 897 6 646 2 476 1124 7 575 0 361 936 8 624 1 408 1033 9 478 1 342 821 Totals 5234 5 3440 8679 ABSENTEE BALLOT BREAKDOWN Precinct Applications Processed Ballots Ballots Ballots Ballots Counted Timely Returned Rejected Returned Late DEM LIB REP DEM LIB REP 1 13 0 10 19 4 - 9 0 10 2 49 0 17 63 1 - 46 0 17 3 37 0 29 54 4 - 25 0 29 4 56 0 24 63 3 - 40 0 23 5 18 0 22 39 - - 18 0 21 6 51 0 34 75 1 - 51 0 24 7 24 0 24 43 1 - 20 0 23 8 20 0 24 38 3 - 15 0 23 9 17 0 21 35 - - 15 0 20 Totals 285 0 205 429 17 239 0 190 March 7, 2000 Presidential Primary, cont... 547 DEMOCRATIC PARTY BALLOT Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Registered Voters 1949 2358 2484 2437 2360 2504 2261 2360 2162 20875 Total Votes Cast 456 720 591 639 505 646 575 624 478 5234 Percent 23% 31% 24% 26% 21% 26% 25% 26% 22% 25% Total Registered Democrats 785 1092 931 1018 889 1022 880 890 788 8295 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL PRESIDENT L AL GORE 279 369 305 303 274 320 272 323 262 2707 LYNDON H. LaROUCHE,JR 1 1 0 1 2 0 0 0 1 6 BILL BRADLEY 165 339 280 328 220 319 297 288 209 2445 NO PREFERENCE 6 7 1 4 4 3 1 5 4 35 RALPH NADER 0 , 0 1 0 0 0 0 1 1 3 EDWARD M KENNEDY 0 1 0 0 0 0 0 0 0 1 JOHN P WINTERGREEN 0 0 0 0 0 0 0 1 0 1 JOHN MCCAIN 1 0 1 1 0 1 0 1 0 5 GEORGE BUSH 0 0 0 0 1 0 0 0 0 1 BLANKS 4 3 3 2 4 3 5 5 1 30 STATE COMMITTEEMAN Fourth Middlesex(1,5,6,7) CHARLES LYONS 168 192 219 189 768 PETER V.VILLANDRY 77 77 82 81 317 BLANKS 211 236 345 305 1097 STATE COMMITTEEWOMAN Fourth Middlesex(1,5,6,7) PATRICIA M. DEAL 196 218 277 230 921 RONA S. LOGUE 54 62 59 60 235 BLANKS 206 225 310 285 1026 t-- STATE COMMITTEEMAN Fifth Middlesex(2,3,4,8,9) THOMAS J. LARKIN 355 283 353 321 261 1573 KATY SILVA 0 0 0 0 1 1 BLANKS 365 308 286 303 216 1478 STATE COMMITTEEWOMAN Fifth Middlesex(2,3,4,8,9) JANET M. BEYER 220 172 207 186 148 933 CAROL Y. MITCHELL 145 131 139 147 126 688 DORA MENASHI 1 0 0 0 0 1 BLANKS 354 288 293 291 204 1430 TOWN COMMITTEE(35) DAVID REINER 238 335 280 331 221 301 297 284 218 2505 RACHEL S ROSENBLUM 251 400 301 357 240 345 278 313 245 2730 MARIAN A. O.COHEN 226 353 271 325 224 285 247 282 218 2431 ROBERT V. KEARNEY 223 325 253 315 215 273 240 273 220 2337 ALICE M. PIERCE 232 354 287 354 241 316 330 305 225 2644 BRUCE COLLIER** 220 329 281 319 215 286 242 269 208 2369 MURIEL TAYLOR 218 327 256 319 212 280 273 274 216 2375 JOYCE E. DIETMEIER 220 327 272 325 213 287 260 278 213 2395 t-- MYRON ROSENBLUM 235 372 278 333 224 309 261 292 225 2529 ELIZABETH C. HAINES 224 330 288 337 225 309 261 284 220 2478 JAY R. KAUFMAN 316 504 401 485 351 479 401 457 324 3718 JACQUELINE B. DAVISON 244 371 341 378 251 347 292 321 255 2800 JANE PAGETT 221 338 275 327 225 343 263 303 213 2508 ROSEMARY KLEIN 223 330 258 313 216 279 259 289 210 2377 EMILY R. DONOVAN 225 329 261 321 218 283 251 285 232 2405 MARGARET BRADLEY 227 331 259 324 217 285 249 287 213 2392 ELIZABETH B EDDISON 262 404 325 403 286 380 322 363 273 3018 MICHAEL J. BARRETT 225 327 259 318 211 277 245 282 207 2351 5 8 March 7, 2000 Presidential Primary, cont... Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL GORDON E. BARNES,JR. 220 315 245 328 212 275 247 275 235 2352 HEATHER H. SWEENEY 231 352 268 320 226 285 248 283 221 2434 WILLIAM J. SWEENEY 233 349 262 322 223 279 243 278 219 2408 SUSAN A. ELBERGER 248 378 303 381 259 357 306 349 259 2840 SAMUEL BERMAN 227 353 310 326 220 308 254 285 222 2505 JOHN D. POMPEO 219 317 253 307 211 273 237 261 207 2285 MARIA CONSTANTINIDES 229 330 267 323 209 292 254 294 224 2422 IONE D. GARING 223 334 265 339 213 300 252 329 222 2477 DAN H. FENN,JR. 264 418 353 408 276 376 326 346 262 3029 - GEORGE E. FOOTE 233 357 279 342 235 346 295 310 232 2629 SARAH L. WARREN 224 319 256 314 218 281 240 267 212 2331 SAM SILVERMAN 227 347 270 330 241 305 247 296 218 2481 --1 CAROLYN H.TIFFANY 221 326 272 331 221 292 259 328 219 2469 NANCY A. SACKMAN 220 333 259 313 225 306 254 281 212 2403 NARAIN D. BHATIA 223 ,325 256 321 212 291 248 271 224 2371 MARY C. ABEGG 234 352 281 376 228 320 275 306 251 2623 DAVID L. KAUFMAN 237 372 280 342 233 346 290 313 238 2651 BLANKS 7817 12937 10860 10458 9608 11714 10679 11327 8718 94118 ** Bruce Collier not elected to Democratic Town Committee as Mr Collier ceased to be a registered Democrat effective January 24,2000 LIBERTARIAN PARTY BALLOT Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Registered Voters 1949 2358 2484 2437 2360 2504 2261 2360 2162 20875 Total Votes Cast 0 0 1 0 0 2 0 1 1 5 Percent 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Total Registered Libertarians 2 1 1 1 4 5 3 2 8 27 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL PRESIDENT KIP LEE 0 0 0 0 0 0 0 0 0 0 —� HARRY BROWNE 0 0 0 0 0 2 0 0 1 3 EDISON P. McDANIELS, SR. 0 0 0 0 0 0 0 0 0 0 LARRY HINES 0 0 0 0 0 0 0 0 0 0 DAVID LYNN HOLLIST 0 0 0 0 0 0 0 0 0 0 L.NEIL SMITH 0 0 0 0 0 0 0 1 0 1 NO PREFERENCE 0 0 0 0 0 0 0 0 0 0 AL GORE 0 0 1 0 0 0 0 0 0 1 BLANKS 0 0 0 0 0 0 0 0 0 0 STATE COMMITTEEMAN Fourth Middlesex(1,5,6,7) ELIAS ISRAEL 0 0 2 0 2 BLANKS 0 0 0 0 0 STATE COMMITTEEWOMAN Fourth Middlesex(1,5,6,7) BLANKS 0 0 2 0 2 STATE COMMITTEEMAN Fifth Middlesex(2,3,4,8,9) BLANKS 0 1 0 1 1 3 STATE COMMITTEEWOMAN .� Fifth Middlesex(2,3,4,8,9) LAURA EL-AZEM 0 0 0 1 1 2 BLANKS 0 1 0 0 0 1 TOWN COMMITTEE(3) WARREN ROBERTS 1 MICHAEL BECKER 1 BLANKS 0 0 3 0 0 4 0 3 3 13 March 7, 2000 Presidential Primary, cont... 549 49 REPUBLICAN PARTY BALLOT Pct 1 Pet 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Registered Voters 1949 2358 2484 2437 2360 2504 2261 2360 2162 20875 Total Votes Cast 322 349 400 390 392 476 361 408 342 3440 Percent 17% 15% 16% 16% 17% 19% 16% 17% 16% 16% Total Registered Republicans 289 276 402 343 419 420 338 391 323 3201 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL 7— PRESIDENT ALAN KEYES 9 10 9 7 10 7 8 11 8 79 GEORGE W. BUSH 106 107 129 120 147 173 105 141 109 1137 GARY BAUER 0 1 0 1 0 0 1 1 1 5 JOHN McCAIN 199 230 255 260 232 289 244 251 221 2181 STEVE FORBES 1 . 1 0 0 1 0 0 1 1 5 ORRIN HATCH 1 0 1 1 0 1 0 0 0 4 NO PREFERENCE 1 0 1 0 0 1 1 0 0 4 LOIS JENKINS 0 0 0 0 0 0 0 1 0 1 AL GORE 0 0 1 0 0 0 0 1 0 2 BILL BRADLEY 1 0 0 0 0 0 0 1 0 2 BLANKS 4 0 4 1 2 5 2 0 2 20 STATE COMMITTEEMAN Fourth Middlesex(1,5,6,7) AMOS J. EATON 30 64 70 57 221 ROBERT B. HAYDEN 46 49 71 51 217 DOUGLAS J HOWARD 106 109 141 83 439 LYMAN G JUDD,JR. 13 21 18 7 59 JERRY KIM 0 0 0 1 1 SEAN QUINLAN 0 0 0 1 1 i MIKE REGAN 0 0 1 0 1 DOUG KNIGHT 0 0 1 0 1 r-- BLANKS 127 149 174 161 611 _ STATE COMMITTEEWOMAN Fourth Middlesex(1,5,6,7) HELEN A. HATCH 114 171 192 122 599 BRIDGET M. GOERTZ 68 66 100 67 301 MARGARET CAPLES 0 1 0 0 1 MARY LOU KNIGHT 0 0 1 0 1 BLANKS 140 154 183 172 649 i STATE COMMITTEEMAN Fifth Middlesex(2,3,4,8,9) PETER DULCHINOS 62 74 63 75 65 339 MICHAEL J. REGAN 151 185 166 186 160 848 W J IRWIN 0 0 1 0 0 1 DAN FENN 0 0 1 0 0 1 BLANKS 136 141 159 147 117 700 STATE COMMITTEEWOMAN Fifth Middlesex(2,3,4,8,9) MADELINE R. GELSINON 173 200 193 213 184 963 r-- BETTY FLYNN 0 1 0 0 0 1 LAURA CROFT 0 1 0 0 0 1 ARTE GORMAN 1 0 0 0 0 1 JULIE FENN 0 0 1 0 0 1 BLANKS 175 198 196 195 158 922 March 7,2000 Presidential Primary, cont... TOWN COMMITTEE(35) Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL DENNIS M. O'CONNOR 151 162 178 190 171 232 144 225 151 1604 DENISE IRENE O'CONNOR 142 149 171 188 159 219 135 219 144 1526 WILLIAM B. SIMMONS 144 142 168 177 164 258 127 209 134 1523 DONNA D. RYAN 142 145 173 178 160 222 139 209 135 1503 NANCY L. BARTER 160 144 168 172 159 218 127 205 140 1493 PRISCILLA M.McGRATH 140 141 168 175 159 206 133 211 141 1474 ELIZABETH M. FLYNN 143 158 197 188 160 230 128 220 149 1573 RAYMOND J. FLYNN 143 149 201 180 157 222 125 220 146 1543 AURIO J PIERRO 140 138 168 169 157 201 116 201 135 1425 LUANNA E. DEVINIS 135 136 161 174 154 207 116 200 133 1416 ROBERT V AGHABABIAN 148 138 179 172 161 206 110 203 138 1455 SANDRA S AGHABABIAN 145 142 180 173 159 210 113 203 137 1462 ROBERT N.COHEN 151 149 203 193 164 231 134 214 158 1597 BENJAMIN J. COHEN 142 ,141 182 180 150 214 120 210 142 1481 ELLEN H. WHITE 141 150 168 176 168 246 133 220 139 1541 DORRIS P. TRAFICANTE 140 149 174 180 159 217 122 210 159 1510 NICHOLAS HAY 132 135 164 167 142 203 119 198 132 1392 GORDON L.GUERNSEY 133 134 163 169 146 202 111 194 132 1384 MARGARET A. WARNER 136 145 181 171 148 207 116 199 136 1439 RICHARD A. GOULET 140 140 168 169 160 222 133 212 141 1485 MARY W SINEK 138 150 163 179 142 209 122 199 136 1438 ANN H. MILLER 136 142 172 188 167 220 127 206 143 1501 WILLIAM H. LEVISON 136 140 166 170 143 212 113 199 159 1438 JOHN G. KOSTRIZA 135 141 164 170 148 202 114 195 130 1399 LAWRENCE SCHWARTZ 0 0 0 0 1 0 0 0 0 1 RUTH NAYLOR 0 0 0 0 1 0 0 0 0 1 JED N. SNYDER 0 0 0 0 1 0 0 0 0 1 HARRY KESHISHIAN 0 0 0 0 1 0 0 0 0 1 DOUG HOWARD 0 0 0 0 1 0 0 0 0 1 HELEN HATCH 0 0 0 0 1 0 0 0 0 1 AMOS EATON 0 0 0 0 1 0 0 0 0 1 MIKE REGAN 0 0 0 0 1 0 0 0 0 1 -� SHIRLEY STOLTZ 0 0 0 0 1 0 0 0 0 1 JOSEPH TRIPPI 0 0 0 0 1 0 0 0 0 1 ,_,, NEAL CRONIN 0 0 0 0 1 0 0 0 0 1 EDWARD B FEINMAN 0 0 0 0 0 0 1 0 0 1 RICHARD PARKER 0 0 0 1 0 0 0 0 0 1 ALAN RUBIN 0 0 0 1 0 0 0 0 0 1 ELEANOR RUBIN 0 0 0 1 0 0 0 0 0 1 BILL DOANE 0 0 0 1 0 0 0 0 0 1 SUSAN NAVIA 0 0 0 1 0 0 0 0 0 1 RICHARD CRAWFORD 3 0 0 0 0 1 0 0 0 4 CAROL RUTTI 0 0 0 0 0 1 0 0 0 1 MARY MCDONALD 0 0 0 0 0 1 0 0 0 1 KATHLEEN REYNOLDS 0 0 0 0 0 1 0 0 0 1 THADDIEUS P KOCHANSKI 0 1 0 0 0 0 0 0 0 1 CHRISTINE L KOCHANSKI 0 1 0 0 0 0 0 0 0 1 ALLAN WILSON 0 1 0 0 0 0 0 0 0 1 BRIAN SPENCER 0 1 0 0 0 0 0 0 0 1 JOHN J MCALEER III 0 3 0 0 0 0 0 0 0 3 STEPHEN COLE 1 0 0 0 0 0 0 0 0 1 BLANKS 7873 8748 9820 9397 9952 11440 9657 9299 8580 84766 A true copy. Attest: h.(9/1i44.4.)11 Donna M. Hooper, Tgwn Clerk --- 1 551 ' 1 1 WARRANT FOR TOWN ELECTION — (SEE WARRANT FILE) TOWN ELECTION — MONDAY, MARCH 13, 2000 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, March 13, 2000, at 7:00 a.m. The following places were designated as the voting places for the various precincts: r---- Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Lexington Senior High School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two U Judith Marcus Warden U Duncan MacQueen D Margaret Blouin Clerk U Dorothy Bond U Doris Barclay nspector D Donna Alexson D Robert Blouin nspector U Alice Bevington R Nicholas Hay nspector D Rita Casey U Sally Johnson nspector R David Kanter U Doris Pemberton nspector U Marjorie McNicholas U Richard Pemberton nspector U Clifford Pehrson U Martha Shurtleff nspector D Robert Tracey D Bernice Weiss nspector Precinct Three Precinct Four U Marjorie Modoono Warden D Gulli Kula U Alice Hopkins Clerk R Richard Crawford D Raymond Carberry nspector R Beverly Aker ..— R Lillian Drury nspector U Mary Devoe U Helen Euart nspector D Elizabeth Fleming U JoAnn Eurich nspector R Raymond Flynn D Marcia Flint nspector D Katherine Marotto D M. Elinor Greenway nspector U Judith O'Leary U Blanche Spilewski nspector U Dana Regillo U Laura Welby nspector U Eleanor Smith nspector U Gladys Snyder Precinct Five Precinct Six D Eric Kula Warden R Dorothy Boggia U Grace Ayers Clerk D Mary Casey U Faith Fenske Inspector U Alla Fedus R Dorothy Gauthier Inspector D Katherine Geanacopulos U Alice Jones Inspector U Mae Sandler U Cecil Jones Inspector R Barbara Simmons D Lucy Simeone Inspector R Burton Smith U Alice Stringos Inspector D Marina Smith D Priscilla Winter Inspector D Ephraim Weiss Inspector _ Precinct Seven Precinct Eight U A. Estelle Szalajeski Warden D Gerald Abegg U Bernice Gerrig Clerk D Catherine Jones D Mary Ayvazian Inspector D Claire Abernathy R Isabelle Bennett Inspector R Elinor Bettencourt 7 D Maureen Brown Inspector R Judith Chudigian I D Mildred Collentro Inspector U Leo Chudigian D Robert Greenway Inspector U Kenneth MacWilliams D Edna Holloran Inspector D Linda Schauman D Eileen McAlduff Inspector D Muriel Taylor Inspector 1 552 Town Election March 13, 2000 Precinct Nine U Clark Schuler Warden R Carole Scalise Clerk U Carole Butler Inspector D Edith Paster R Robert Edwards Inspector D Robert Ryan D Catherine Rego Inspector U Anne Taylor U Judith Schuler Inspector The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M and remained open ----- until �until eight o'clock P.M , at which time, after due notice, the polls were declared closed. 1 The total number of registered voters in each precinct eligible to vote as of February 22, 'J 2000 is as follows: Precinct Registered Democrat Libertarian Republican Unenrolled Other Voters 1 1941 779 2 287 869 4 2 2357 1092 1 274 987 3 3 2488 932 1 400 1152 3 4 2437 1016 1 342 1077 1 5 2363 890 4 420 1048 1 6 2504 1022 5 420 1053 4 7 2257 878 3 339 1031 6 8 2364 891 2 392 1078 1 9 2160 787 8 323 1042 I 0 I Totals 20871 8287 27 3197 9337 I 23 P 1-4 Inter 3" Party; P.2–J Inter 3'" Party; P 3–2 Inter 3'" Party, 1 Socialist; P 4–1 Inter 3rd Party; P 5–1 Reform; P 6– 1 Inter 3rd Party, 2 Socialist, 1 Reform; P 7–1 Green Party USA, 3 Inter 3rd Party, 1 Reform, 1 Rainbow Coalition P 8–1 Green Party USA. Election results were delivered to the Town Clerk at the Town Office Building 10% of the registered voters cast their vote. The Town Clerk canvassed the results as follows' ABSENTEE BALLOT BREAKDOWN Ballots Ballots Applications Timely Returned Ballots Pct Processed Returned Late Counted 1 13 7 3 7 2 21 13 3 13 3 45 31 3 31 4 50 22 2 22 5 17 14 - 14 6 49 34 1 34 7 19 14 - 14 8 19 14 - 14 9 14 8 1 8 Totals 247 157 13 157 I I Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL I Total Registered Voters 1941 2357 2488 2437 2363 2504 2257 2364 2160 20871 Total Votes 232 329 207 205 337 183 253 162 2070 Percent I 8% 10% 13% 8% 9% 13% 8% 11% 8% 10% I Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL (SELECTMAN (ONE for 3 Years) —' I*PETER DAVID ENRICH 104 185 244 182 146 255 149 195 121 1581 TALL OTHERS 1 2 6 1 0 8 2 4 2 26 I BLANKS I 57 45 79 24 59 74 32 54 39 463 *elected for three years I Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pet 9 TOTAL 'MODERATOR(ONE for 1 Year) I*MARGERY M. BATTIN 126 188 256 175 161 265 157 204 130 1662 IALL OTHERS 0 1 3 0 1 2 1 0 0 8 BLANKS I 36 43 70 32 43 70 25 49 32 400 *elected for one year Town Election March 13, 2000 b b 3 1 ( Pct 1' Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 71 Pct 8 Pct 9 TOTAL 1SCHOOL COMMITTEE(TWO for 3 Years) *SCOTT F. BURSON83 136 203 160 129 226 130 146 97 1310 MICHELLE HUTNIK I 94 144 221 136 117 211 126 147 98 1294 MICHAEL E. SCHROEDER 48 61 68 47 53 78 36 66 54 511 1ALL OTHERS 0 2 1 0 2 2 2 1 0 101 ' BLANKS ' 99 121 165 71 1091 157 72 146 75 10151 *elected for three years In \— I ' Pct 1 Pct 2 Pct 31 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL 'PLANNING BOARD(ONE for 5 Years) *J0HN L. DAVIES 105 169 232 159 141 230 127 169 107 1439 'ALL OTHERS ` 0 0 1 0 0 0 0 1 0 2 ' BLANKS 57 63 96 48 641 107 56 83 55 629 *elected for five years I `Pct 1' Pct 21 Pct 3 Pct 4 Pct 5 Pct 6 Pct 71 Pct 8 Pct 9 TOTAL 'LEXINGTON HOUSING AUTH.(ONE for 5 Years) *LE0 P MCSWEENEY 123 186 239 155 158 253 133 181 121 15491 'ALL OTHERS 0 0 0 0 1 0 0 1 0 21 ' BLANKS I 39 46 901 52 46 84 50 711 41 5191 *elected for five years TOWN MEETING Precinct 1 Total Total (Seven for 3 years) Votes Votes *JOEL A. ADLER 95 PAUL R. KELLEY 2 *LAURA L. BOGHOSIAN 93 NICHOLAS MADER 1 I *JEAN W. COLE 103 JAMES CATALDO 1 I *JANET MORAN 94 JOE WALLERSTEIN 1 I I *PAUL G. TOPALIAN 88 I MIKE WALLERSTEIN 1 I *JUDITH L. ZABIN 93 TIMOTHY HILL 1 I *MARIA-ELENA KOSTORIZOS I 21 RICHARD CRAWFORD 1 I PETER M. COLE I 3 BLANKS 536 *elected for 3 years Precinct 2 Total I Total (Seven for 3 years) Votes Votes *MARIAN A. 0 COHEN 159 LESLIE SHERMAN I 1 I *LAUREN MCSWEENEY MACNEIL 164 SCOTT LUDWIG I 1 *MICHAEL J O'SULLIVAN 163 EDWARD DOOKS 1 I I *DONALD D WILSON 157 JOHN J MCALEER III I 1 I I *JAMES S.WILSON 160 ROBERT WARSHAWER 1 I 1 *SCOTT WILSON 137 NORMAN NEIL CONNOLLY 1 *KENNETH W. FORD 14 MATTHEW S COHEN 1 I ERIC J AUSTIN 2 WILLIAM SWEENEY 1 I HEATHER SWEENEY 2 BARRY CAOUETTE 1 I MARITA HARTSHORN 2 BEVERLY A WILKINS 1 I I JOSEPH WALSH 1 BLANKS 652 7 I MARCIA BUTMAN 1 *elected for 3 years Precinct 3 Total Total (Seven for 3 years) Votes Votes I *SAMUEL BERMAN 219 DARWIN ADAMS 32 I *JACQUELINE B. DAVISON 222 RICHARD EURICH 4 I *DOUGLAS M. LUCENTE 211 BENJAMIN J COHEN 2 I *RICHARD L. NEUMEIER 185 ROBERT DRAINONI 1 I *ROBERT ROTBERG 199 SHERRY L GORDON 1 I *CAELB WARNER 215 RAYMOND FLYNN 1 *MICHELLE HUTNIK 171 BLANKS I 670 V ARTHUR KATZ 170 I *elected for 3 years C A Town Election March 13, 2000 Precinct 4 Total Total (Seven for 3 years) Votes Votes I *DAVID J. HARRIS 149 STEVE POLITI 1 *PETER C.J KELLEY 160 GAIL COLWELL 1 *FREDERICK L. MERRILL, JR. 145 JENNIFER TAUB 1 I *BARRIE PELTZ 163 ROBERT KATZ 1 I *MARINA C SMITH 135 ANN MILLER 1 *TIMOTHY R. COUNIHAN 117 RUTH THOMAS 1 **GLORIA J BLOOM 3 SANDRA SHAW 1 **JONATHAN CRONIN 3 ANNE E. SCHAUFFLER 1 EDWARD J MORIARTY 2 LAURA KOLE 1 MIRIAM ZELNICK 1 BLANKS 561 LISA BACI 1 ,,_,i *elected for 3 years **tie to be determined by vote of precinct membership 3/27/2000 Precinct 5 Total Total (Seven for 3 years) Votes Votes ( *ELAINE DRATCH 142 LESTER SAVAGE 1 *MARAGARET C NICHOLS 132 JOEL HOROWITZ 1 *JAMES M SHAW 124 RAYMOND DESIMONE JR 1 *SAM SILVERMAN 131 GEORGE PEARINCOTT 1 *DAVID E. BURNS 118 LINDA MALONE 1 *BLAIR B. RUOCCO 122 STEVE MALONE 1 *JED N SNYDER 107 BLANKS 552 ELIZABETH FRANK 1 *elected for 3 years Precinct 6 Total Total (Seven for 3 years; One for 1 year) Votes Votes *MARJORIE M. DAGGETT 216 MARK V ANDERSEN 137 *BEBE H. FALLICK 193 *H JERROLD VAN HOOK 174 *EDMUND C. GRANT 223 RONALD PAWLICZEK 4 "--, *JANE PAGETT 210 ELEANOR LEVINGSTON 1 *EDITH SANDY 181 MICHAEL P SEGAL 1 ..,� **FRANK SANDY 168 ADAM SEGAL 1 WILLIAM B. SIMMONS 131 CAROL GLANZ 1 *SHELDON A. SPECTOR 190 BLANKS 865 *elected for 3 years **elected for 1 year Precinct 7 Total Total (Seven for 3 years; Votes Votes One for 2 years) I *MARSHA E. BAKER 124 **WENDY C RUDNER 74 I *STEVEN L. COLMAN 103 JANE TRUDEAU GRIFFITHS 4 I *ROBERT G. COYNE 83 KARL KASTORF 2 I *AUDREY J FRIEND 120 ROBERT FARIAS 1 I *FRED H. MARTIN 106 DAVID NEEDHAM 1 *JAMES C WOOD, JR. 114 ROBERT H. MORRISON 1 *ALAN A.WRIGLEY 104 BLANKS 627 *elected for 3 years **elected for 2 years Precinct 8 Total Total (Seven for 3 years) Votes Votes _' *RICHARD H. BATTIN 159 *SHIRLEY H STOLZ 134 *STEVEN J HURLEY 155 *THOMAS M. ZIMMER 113 *MORTON G. KAHAN 160 JOHN CUNHA 1 *CAROLYN H. TIFFANY 170 PHILIP ABBOT 1 *INGRID H KLIMOFF 121 BLANKS 650 SETHA G. OLSON 107 *elected for 3 years Town Election March 13, 2000 555 { Precinct 9 Total Total (Seven for 3 years; One for 1 year) Votes Votes *NARAIN D BHATIA 80 *FRED D ROSENBERG 98 *RICHARD L. CANALE 89 **RANDALL G. SEED 57 *SUSAN A. ELBERGER 94 RODNEY COLE 5 *PAUL E. MAZERALL 89 TODD BURGER 1 *JANET M. PERRY 90 BLANKS 599 *LORETTA A. PORTER 94 *elected for 3 years **elected for 1 year 1 A true copy. / Lf Attest: Donna M. Hooper, Town CI Mark V. Andersen, 2 Thoreau Road, received the highest number of votes as a defeated candidate for Town Meeting from Precinct 6 at the Annual Town Election held March 13, 2000. As of March 20, 2000 Mr. Andersen's acceptance of the position of Town Meeting Member, Precinct 6, to fill the vacancy caused by the resignation of Kate Priscilla Diamond, 15 Franklin Road, has been filed with the Town Clerk. This term will expire March 2001. William B. Simmons, 82 North Street, received the next highest number of votes as a defeated candidate for Town Meeting from Precinct 6 at the Annual Town Election held March 13, 2000. As of March 22, 2000 Mr. Simmons' acceptance of the position of Town Meeting Member, Precinct 6, to fill the vacancy caused by the resignation of Peter Diamond, .--. 15 Franklin Road, has been filed with the Town Clerk. This term will expire March 2001. V. Arthur Katz, ]8 Barberry Road, received the highest number of votes as a defeated candidate for Town Meeting from Precinct 3 at the Annual Town Election held March 13, 2000. As of March 23, 2000 Mr. Katz's acceptance of the position of Town Meeting Member, Precinct 3, to fill the vacancy caused by the resignation of Bruce Collier, 2 Barberry Road, has been filed with the Town Clerk. This term will expire March 2001. SPECIAL ELECTION - PRECINCT 4 TOWN MEETING March 27, 2000 A special election of Town Meeting Members of Precinct Four was held on Monday, March 27, 2000 at 7:30 p.m. , Clarke Middle School. At the Annual Town Election held March 13, 2000, Gloria J. Bloom, 17 Loring Road, and Jonathan T. Cronin, 107 Waltham Street, each received 3 votes as a write-in candidate for Town Meeting Member in Precinct Four, therfor creating a tie. This special election is held to determine which candidate will fill the three year term ending March, 2003. The meeting was called to order at 7:30 p.m. A quorum of 16 Precinct Four Town Meeting Members were present. Meeting Chairman: Donald Chisholm Meeting Clerk: Marina Smith r^ The election was held by secret ballot, counted by Donald Chisholm and Marina Smith. Results as follows: Gloria J. Bloom 9 Jonathan T. Cronin 6 Abstain 1 It is declared that Gloria J. Bloom is elected to a term of three years ending in March, 2003. Chairman: /s/ Donald Chisholm Clerk: /s/ Marina Smith Dated: March 27, 2000 2000 ANNUAL TOWN MEETING March 27,2000 The first session of the 2000 Annual Town Meeting was called to order by Moderator Margery M. Baffin, at 8:00 p.m., in the Clarke Middle School Auditorium. A quorum of 176 members was present. 8:00 p.m. The invocation was offered by Reverend Jed Snyder, Countryside Bible Chapel. The Moderator honored the passing of former Moderator and State Representative Lincoln P. Cole for his career of dedicated service to the Town of Lexington at both State and local capacities. Also recognized were Ed Lieberman and Richard Koplow for their dedicated service to the Town. The Town Clerk, Donna M. Hooper,read the Warrant for the Meeting until waived. The Town Clerk read the Constable's Return of the Warrant. 8:05 p.m. The Moderator reviewed procedural matters and explained it is expected articles 6 and 18 would be indefinitely postponed. The Moderator also reminded members of the 1998 vote of Town Meeting authorizing the Moderator to declare a 2/3 vote as having passed. Standing votes are to be tallied by precinct clerks, with Mr. Pawliczek reporting votes for At-Large members. 8:21 p.m. The Moderator declared the meeting open under Article 2 and reminded members that the Article would remain open throughout the meeting ARTICLE 2: REPORTS OF TOWN OFFICERS,BOARDS AND COMMITTEES 8:21 p.m. Selectman Jeanne Krieger moved that the Report of the Cary Lecture Series be accepted and placed on file and that the committee be discharged. Cary Lecture Series member Arthur Katz presented a brief overview of past activities, the Committee's scientific, cultural,historical and political programs presented, and expectations that the programs will be hosted by the Museum of Our National Heritage and Hancock Church as Cary Hall and the school buildings will be unavailable during renovations. 8:25 p.m. Following a unanimous voice vote,the Moderator declared the report accepted and placed on file and the Committee discharged. 8:25 p.m. Selectman Jeanne Krieger moved that the report of the Town Manager be accepted and placed on file and requested the Moderator recognize Town Manager Richard White. 8:26 p.m. Mr. White presented a FY2001 budget summary and information on a potential override of Proposition 2 1/2 to fund operational expenses. Selectman Krieger reported on the Selectmen's Capital Policy. 8:50 p.m. Following a unanimous voice vote,the Moderator declared the Report of the Town Manager accepted and placed on file. 8.50 p.m. Paul Hamburger moved that the Report of the Appropriation Committee be accepted and placed on file. Mr. Hamburger reviewed funding strategies for upcoming deficits. 9:04 p.m. Following a unanimous voice vote,the Moderator declared the report accepted and placed on file. 9:04 p.m. The Moderator declared the meeting open under Article 3. 2000 Annual Town Meeting—March 27, 2000 557 ARTICLE 3: APPOINTMENTS TO CARY LECTURE SERIES 9:04 p.m. Presented by Selectman Jeanne Krieger. MOTION: That a committee of three be appointed by the Moderator to have the charge of the lectures under the wills of Eliza Cary Farnham and Suzanna E. Cary for the current year. 9:04 p.m. Following a unanimous voice vote,the Moderator declared the motion ADOPTED. 9:05 p.m. The Moderator declared the meeting open under Article 4 and explained that she would be reading the budget, line item by line item. ARTICLE 4: OPERATING BUDGET 9:05 p.m. Presented by Selectman Jeanne Krieger. MOTION: That the following amounts be appropriated for the ensuing fiscal year and be raised in the tax levy except where a transfer is indicated they shall be provided by such a transfer. Education 1100 Lexington Public Schools $52,939,850 (Provided,however, that$1,238,338 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the May, 2000 special election.) (And further that the School Department is authorized to enter into equipment lease/purchase agreements from time to time provided that each such agreement is subject to annual appropriations.) 9:07 p.m. School Committee Chairman Robin DiGiammarino provided a brief overview for the School Committee and requested the Moderator recognize Superintendent Dr. Patricia Ruane for her presentation. 9:11 p.m. Superintendent Patricia Ruane provided an overview of budgetary issues confronting the School Department for FY2001. 1 9:24 p.m. Ephraim Weiss,pr.5, questioned the appropriate level of funding to meet maintenance needs. 9:26 p.m. Dr. Ruane explained that it is debatable as to proper level of funding for maintenance. 9:28 p.m. Ephraim Weiss,pr.5, questioned the exact amount the Town should be spending on school building maintenance. 9:28 p.m. Robin DiGiammarino explained that the maintenance software included in the Town's budget request should give the School Department a better sense of funding needs. 9:29 .m. Jonathan Lederman, r p p .7, questioned Town spending in excess of State mandated Ch. 766 levels. 9:30 p.m. Dr. Ruane explained that it is difficult to assess,but that Lexington Special Education costs comprise approximately 19%of the School Department budget, while the State average is 16%. 9:31 p.m. Jonathan Lederman,pr.7, questioned the upcoming override of Proposition 2 1/2 vote and the electorate's valuing of school needs. 2000 Annual Town Meeting—March 27, 2000 1200 Minuteman Regional School 811,455 9:33 p.m. Jane Pagett, Lexington's representative to the Minuteman Regional School Committee,reviewed budget drivers and her recommendation for approval of the 2001 budget request. Ms. Pagett requested the Moderator recognize Superintendent Dr. Ron Fitzgerald. 9.50 p.m. Dr. Fitzgerald explained the State system for assessment of participating towns. 9.56 p.m. Eric Michelson,pr.1, reported the Appropriation Committee unanimously recommends approval. 10.00 p.m. Mark Andersen,pr 6, questioned Minuteman's special education enrollment. Mrs. Pagett explained that special education enrollment at Minuteman is a self-selecting process in which a high percentage of students with special education needs elect to attend the school. 10:03 p.m. Kenneth Reich,pr.4, questioned Mrs. Pagett on the decrease in student enrollment and the increase in expenses. Mrs. Pagett explained the increase is due in large part to increased staff salaries. 10:05 p.m. Kenneth Reich,pr.4, questioned if Mrs. Pagett's concerns from last year had been addressed by Minuteman and if possible additional withholding would have a positive impact on school operations. Mrs. Pagett explained her concerns had been met and that she recommended fully finding the 2001 budget and not withholding any funds. 10.07 p.m. David Kanter,pr.7, questioned Mrs. Pagett on Minuteman's "Associate Program" and tuition costs. Mrs. Pagett explained. Dr Fitzgerald explained the school committee's multi year plan on Associate Programs and impact on member communities. 10:11 p.m. Joel Adler, pr.1, questioned Mrs. Pagett on financial impact on Lexington of those students electing to attend Minuteman. Employee Benefits 2110 Contributory Retirement 3,398,681 (Of which$65,762 is to be transferred from the Water Enterprise Fund and $16,441 is to be transferred from the Sewer Enterprise Fund.) 2120 Non-Contributory Retirement 152,182 2130 Insurance 1,077,441 (Provided, however, that $149,222 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the May, 2000 special election.) (Of which$58,195 is to be transferred from the Water Enterprise Fund, $14,549 is to be transferred from the Sewer Enterprise Fund and $82,625 is to be transferred from the Health Trust.) (and further that amounts appropriated in this article for employee health and life insurance shall be transferred to this account 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 compensation plan.) 2140 Unemployment Benefits 32,200 2150 Police/Fire Medical 53,965 Debt Service 2210 Payment on Funded Debt 3,250,000 2220 Interest on Funded Debt 538,579 2230 Temporary Borrowing 175,000 2240 Exempt Debt 950,625 2000 Annual Town Meeting—March 27, 2000 3 b 9 Operating Articles 2310 Reserve Fund 150,000 2320 Municipal Salary Adjustments 231,562 (Such sum of$231,562 is appropriated to fund cost items resulting from collective bargaining agreements as they bear on the Town employee wage and salary plan. The amount voted is to be distributed among personal services accounts as authorized by the Board of Selectmen.) (Of which$1,250 is to be transferred from the Water Enterprise Fund and $1,250 is to be transferred from the Sewer Enterprise Fund.) Organizational Expenses 2410 Municipal Services &Expenses Personal Services 73,312 2410 Municipal Services&Expenses 96,172 Community Services 3000 DPW Personal Services 3,221,145 (Of which$238,457 is to be transferred from the Water Enterprise Fund, $135,005 is to be transferred from the Sewer Enterprise Fund, $73,013 is to be transferred from the Parking Meter Fund, $100,000 is to be transferred from the Cemetery Trust Funds and$75,000 is to be transferred from the Recreation Enterprise Fund.) 3000 DPW General Expenses 4,256,408 (Provided,however,that $226,000 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the May,2000 special election.) (Of which$201,651 is to be transferred from the Water Enterprise Fund, $50,412 is to be transferred from the Sewer Enterprise Fund, and $46,335 is to be transferred from the Parking Meter Fund; and provided further that the Town Manager may enter into an agreement or agreements with one or more governmental units to perform jointly with such units any service, activity or undertaking authorized by law.) (And further that the Town Manager is authorized to enter into communications equipment agreements, equipment lease/purchase agreements from time to time provided that each such agreement is subject to annual appropriations.) (And in addition that$45,000 of expenses for the sale of burial containers and biodegradable bags be funded by the receipt of$45,000 in anticipated revenues, and that the surplus from FY99 in the amount of$34,182 may be closed to the General Fund.) (And in addition State/Federal Grants, site generated revenue and/or refuse stabilization funds as permitted under existing agreements may be used to meet Division of Environmental Protection guidelines at the Hartwell Avenue landfill site.) (And to permit the Town to enter into agreements with either private or public entities in order to enhance public services, increase revenue, improve efficiency, or save money to the benefit of the Town.) 3600 Transportation Personal Services 55,779 (Provided, however, that$55,600 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the May, 2000 special election.) 3600 Transportation Expenses 225,955 (Provided,however, that$225,955 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the May, 2000 special election.) (Of which$80,000 is to be transferred from the Parking Meter Fund.) (See amendment of Apri110, 2000) 10:20 p.m. Ephraim Weiss,pr.5, questioned line item 3600, appropriation and transfer of funds. William Hadley,Acting Director of Public Works,provided an explanation. 10:24 p.m. Mark Andersen,pr.6, questioned if the override failed what would become of the$80,000 transfer. Town Manager Richard White explained the funds would not be transferred but would remain in the Parking Meter Fund. 2000 Annual Town Meeting—March 27, 2000 3700 Water Department 4,407,253 (And that to raise such amount$4,407,253 be transferred from the Water Enterprise Fund.) 3800 Sewer Department 8,023,847 (And that to raise such amount$8,023,847 be transferred from the Sewer Enterprise Fund.) Public Safety 4100 Law Enforcement Personal Services 3,925,965 (Provided,however,that$144,264 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the May, 2000 special election.) (Of which$175,876 is to be transferred from the Parking Meter Fund.) 4100 Law Enforcement Expenses 375,247 (Of which$14,000 is to be transferred from the Parking Meter Fund.) 4200 Fire Department Personal Services 3,503,573 (Provided, however,that $606,990 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the May,2000 special election.) 4200 Fire Department Expenses 311,370 (Provided, however,that$6,400 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the May, 2000 special election.) Culture and Recreation 5100 Library Personal Services 1,235,776 (Provided, however,that $78,000 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the May, 2000 special election.) 5100 Library Expenses 260,520 (Provided, however,that$13,000 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the May, 2000 special election.) --' 5200 Recreation Personal Services 464,219 (And to raise such amount$464,219 be transferred from the Recreation Enterprise Fund.) 5200 Recreation Expenses 708,301 (And to raise such amount$708,301 be transferred from the Recreation Enterprise Fund.) Social Services 6100 Council on Aging Personal Services 158,886 6100 Council on Aging Expenses 178,467 6210 Veterans Administration Personal Services 31,243 6210 Veterans Expenses 22,791 6220 Services for Youth 74,087 (Provided,however,that$74,087 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the May, 2000 special election.) 6230 Services to Developmentally Disabled 14,407 Inspectional Services/Community Development 7100 Inspectional Services Personal Services 552,717 7100 Inspectional Services Expenses 48,752 (Provided, however, that$15,950 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the May, 2000 special election.) 7200 Planning Personal Services 152,982 7200 Planning Expenses 57,120 (Provided, however,that$48,900 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the May, 2000 special election.) 7300 Economic Development Personal Services 59,644 7300 Economic Development Expenses 10,780 2000 Annual Town Meeting-March 27, 2000 )U J General Government 8110 Board of Selectmen Administration Personal Services 59,761 (Provided,however,that$11,935 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the May,2000 special election.) (Of which$2,671 is to be transferred from the Water Enterprise Fund and $668 is to be transferred from the Sewer Enterprise Fund.) 8110 Board of Selectmen Administration Expenses 73,766 8120 Legal Fees&Expenses 225,000 8130 Town Report 6,000 8210 Organizational Direction and Administration Personal Services 228,097 (Of which$28,652 is to be transferred from the Water Enterprise Fund and $7,163 is to be transferred from the Sewer Enterprise Fund.) 8210 Organizational Direction and Administration Expenses 10,666 8220 Human Resources Personal Services 49,047 (Provided, however,that $2'1,632 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the May, 2000 special election.) 8220 Human Resources Expenses 2,667 8230 Budget and Analysis Personal Services 40,164 8230 Budget and Analysis Expenses 2,667 Town Committees 8310 Appropriation Committee Expenses 1,000 8320 Miscellaneous Boards & Committees Expenses 8,755 8330 Public Celebrations 18,000 Finance 8400 Finance Personal Services 757,400 (Of which$181,357 is to be transferred from the Water Enterprise Fund and $45,340 is to be transferred from the Sewer Enterprise Fund.) 8400 Finance Expenses 193,150 (And in addition that$7,500 of expenses generated from enrollment in the Flexible Spending Plan be funded by the receipt of$7,500 in anticipated revenues.) (And further that the Treasurer and Collector is hereby authorized to enter into compensating balance agreements during fiscal years 2000, 2001 and 2002, as permitted by General Laws Chapter 44, Section 53F.) Town Clerk 8500 Town Clerk Personal Services 211,793 (Provided,however,that$24,556 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the May, 2000 special election.) 8500 Town Clerk Expenses 63,975 Management Information Systems 8600 MIS Personal Services 155,426 (Of which$31,982 is to be transferred from the Water Enterprise Fund and $7,996 is to be transferred from the Sewer Enterprise Fund.) r 8600 MIS Expenses 195,795 10:26 p.m. Ephraim Weiss,pr.5, questioned funding in the budget for public building maintenance. Town Manager Richard White explained that line item 3510, as well as other Public Works accounts, supports funding of building maintenance. Mr. White estimated the Town spends well over$750,000 in building maintenance in any given year and that this year's requested funding of building maintenance software will be of great value. 10:33 p.m. Elaine Dratch,pr.5, expressed her concern with eliminating the parking funds and questioned if line item funding included funds for senior transportation. Town Manager Richard White explained the proposal places all LexPress funding at risk and that there are no current plans to provide any transportation for any seniors aside from LexPress. 2000 Annual Town Meeting—March 27, 2000 10:35 p.m. Elaine Dratch,pr.5, questioned funding if the override should fail, and availability of funding at later date. 10:36 p.m. Paul Hamburger reported the Appropriation Committee recommends approval. 10:37 p.m. Following a voice vote,the Moderator declared the motion under Article 4 ADOPTED. 10:37 p.m. Paul Hamburger, Appropriation Committee Chairman, served Notice of Reconsideration on Article 4 and on Article 4,line item 3600. 10:38 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until Wednesday, March 29, 2000 at 8:00 p.m., at the Clarke Middle School Auditorium. Adopted by voice vote. 10:38 p.m.. A true copy. ituy Attest: Alvit3Y1 Donna M. Hooper, TowrjClerk 563 ADJOURNED SESSION 2000 ANNUAL TOWN MEETING March 29,2000 The adjourned session of the 2000 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., in the Clarke Middle School Auditorium. A quorum of 178 members was present at the second session. The Moderator reminded members of procedures for standing votes,that standing votes are to be tallied by precinct clerks,with Mr. Pawliczek reporting members At-Large. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 8:04 p.m. The Moderator recognized Mr. Marshall Derby for his presentation, under Article 2, of a report from LexHab. Mr. Derby outlined activities of LexHab over the past year,reporting unit breakdown in various facilities throughout the town. 8:07 p.m. The Moderator recognized Clark Cowen,Chairman of the Council on Aging, for a report of the Council on Aging. Mr. Cowen reported on the growth in senior population,deficiencies of the current space at the Mii7zey Condominium complex,and the need for a new enlarged Senior Center. As outgoing Chairman, Mr. Cowen expressed his appreciation to all with whom he has worked. 8:17 p.m. The Moderator recognized Selectman Catherine Abbott for a report from the Fletcher Avenue Land Use Committee. Ms. Abbott, moved the report of the Fletcher Avenue Land Use Committee be accepted and placed on file. Selectman Abbott reported on the findings of the Committee. Following a unanimous voice vote,the Moderator declared the report accepted and placed on file. 8:19 p.m. The Moderator recognized Recreation Committee Chairman Sandra Shaw for a report of the Committee. Ms. Shaw moved the report of the Recreation Committee be accepted and placed on file. Ms. Shaw presented the Committee's report. Following a unanimous voice vote, the Moderator declared the report accepted and placed on file. 8:28 p.m. The Moderator recognized Charles Hornig,Chairman of Capital Expenditures Committee. Mr. Hornig moved the report of the Capital Expenditures Committee, and the Committee' first supplemental report be accepted and placed on file. Mr. Hornig presented the Committee's report. Following a unanimous voice vote, the Moderator declared the reports accepted and placed on file. ARTICLE 5: SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR(FY2000) 8:42 p.m. Presented by Selectman Jeanne Krieger. MOTION: That $245,722 be appropriated to Line Item 1200 Minuteman Regional School of the current fiscal year's budget and that to raise such amount $166,771 be transferred from receipts reserved for appropriation and $78,951 be 7, transferred from the Unreserved Fund Balance; and that$20,100 be appropriated to Line Item 3000 DPW Personal Services and that to raise such amount$20,100 be transferred from Line Item 3000 DPW Expenses. 8:43 p.m. Eric Michelson reported the Appropriation Committee was in unanimous support of both pieces of the article. 8:47 p.m. Jane Pagett,pr.6, and Lexington's representative to the Minuteman Regional School Committee, spoke in favor of the motion and action pertinent to the Minuteman Regional School. 564 2000 Annual Town Meeting—March 29, 2000 8:49 p.m. Kenneth Reich,pr.4, questioned if Lexington was being assessed interest on funds owed Minuteman and any possible penalty Lexington might incur if the amount owed were to be withheld. Town Counsel Norman Cohen responded. 8.51 p.m. Mr. Reich questioned any disparity between the number of Minuteman students from Lexington and the amount assessed Lexington. 8:52 p.m. Ephraim Weiss,pr.5, questioned the source of funds for the article. Town Manager Richard White explained the funds were from the supplemental lottery distribution and from free cash. 8:53 p.m. Kenneth Reich,pr.4, spoke in opposition. 8.55 p.m. Paul Lapointe,pr.2, spoke in favor and of the progress made in addressing issues with Minuteman Regional School this past year. 8.56 p.m. Following a voice vote, the Moderator declared the Moderator declared the MOTION ADOPTED. ARTICLE 6: PRIOR YEARS' UNPAID BILLS 8:57 p.m. Presented by Selectman Jeanne Krieger. 8:57 p.m. Ms. Krieger moved Article 6 be Indefinitely Postponed. 8:57 p.m. Following a unanimous voice vote,the Moderator declared the motion adopted and the article INDEFINITELY POSTPONED. 8.58 p.m. Paul Hamburger, Appropriation Committee, served NOTICE OF RECONSIDERATION of ARTICLE 5. ARTICLE 7: SUPPLEMENTARY APPROPRIATIONS FOR AUTHOIRZED CAPITAL IMPROVEMENTS 8:58 p.m. Presented by Selectman Peter Enrich. 8:58 p.m. Mr. Enrich moved Article 7 be postponed until Monday, April 10, 2000. 8:57 p.m. Following a unanimous voice vote, the Moderator declared the motion adopted and Article 7 be postponed until Monday,April 10,2000. ARTICLE 8: CAPITAL PROJECTS AND EQUIPMENT 8:59 p.m. Presented by Selectman Catherine Abbott. The Moderator explained that the Article would be subdivided into two parts. Part One will be comprised of sections (a)(i),b,c,d,e,f,g,h,i; and Part Two comprised of section(a)(ii) MOTION: That $1,848,369 is appropriated for the following capital improvements and that such amount be raised as indicated (Part One=$1,798,369, Part Two=$50,000): (PART ONE=all but(a)(ii)) (a) Town Building Envelope Remodeling and Planning Program— (i) $450,000 and the Treasurer with the approval of the Board of Selectmen is authorized to borrow$450,000 under G.L. c.44, §7; ,(ii) $50,000 for site analysis and schematic drawings for a new senior center and that$50,000 be raised in the tax levy 2000 Annual Town Meeting—March 29, 2000 555 (b) Public Works Equipment-$187,000 and that$47,000 be raised m the tax levy,$45,000 be transferred from the Water Enterprise Fund,$45,000 be transferred from the Sewer Enterprise Fund, and the Treasurer with the approval of the Board of Selectmen is authorized to borrow $50,000 under G.L.c.44,§7(9); (c) Fire Vehicle - Rescue - $0; (d) Building/Space Needs- $0; (e) MIS Fiber Optic Network Equipment- $150,000 and the Treasurer with the approval of the Board of Selectmen is authorized to borrow$150,000 under G.L.c.44, §7(28); (f) Morgan Road Water Tank Construction - $280,000 and the Treasurer with the approval of the Board of Selectmen is authorized to borrow $280,000 under'G.L.c.44,§8(4); (g) Bedford Street Water Distribution Improvement Project- $100,000 and that to raise this amount$30,000 be transferred from the Water Enterprise Fund and the Treasurer with the approval of the Board of Selectmen is authorized to borrow $70,000 under G.L.c.44,§8 and is authorized to borrow all or a portion of said amount from the Massachusetts Water Resources Authority; (h) Street Related Improvements - $601,369 and that$601,369 be raised in the tax levy, of which $500,000 is contingent upon the approval of an override question appearing on the ballot for the May, 2000, special election;and in addition the Selectmen are authorized to accept highway funds from all sources including the $500,000 allocated under Chapter 90 of the General Laws, and the Treasurer with the approval of the Selectmen is authorized to issue Highway Reimbursement Notes under G.L. c.44, §6 as amended; (i) Playground and Recreation Facilities Improvement - $30,000 and that $30,000 be transferred from the Recreation Enterprise Fund. Selectman Abbott explained each of the components of Part One, stating Board of Selectmen unanimous approval of 8a(i), b,e, f, g, h, and i. Ms. Abbott explained sections c and d requested zero funds, and a report on the Building Space needs was forthcoming. 9:09 p.m. Richard Michelson, pr.8, questioned the status of section 8 a(ii). The Moderator explained that section has been separated out to be voted upon separately. 9:11 p.m. Kenneth Reich,pr.4, questioned if Lexington is receiving maximum funds possible from the state for road improvements. Acting Public Works Director William Hadley explained the town is receiving full Chapter 90 funds possible. 9:15 p.m. Alan Lazarus,pr.7, questioned funding source change for section(f). 9:18 p.m. Richard Neumeier, Recreation Committee, spoke on funding for section 8(i). fl 9:20 p.m. Tom Fenn, pr.9, questioned possible funding sources for water tower repairs by cell tower companies with towers affixed to the water tower. Acting Director of Public Works William Hadley explained that as contracts become due funds will be sought for tank repair. 9:23 p.m. Nyles Bamert,pr. 4, questioned if a 2/3 vote is required for section 8(i). The Moderator explained she would vote Part A in total and if 2/3 vote is not obtained then she will vote 8 (i) separately. Mr. Bamert questioned impact on tank repair on water availability. Mr. Hadley explained there would be no impact on water availability. 9:24 p.m. Elaine Dratch,pr.5,reviewed past Chapter 90 funding levels. 9:26 p.m. Selectman Peter Enrich explained past/current and future Chapter 90 funding from the Commonwealth. 2000 Annual Town Meeting—March 29, 2000 9:27 p.m. The Moderator recognized Debra Brown of the Appropriation Committee. Ms. Brown reported the support of a majority of the Appropriation Committee for Article 8, sections a-i,not a(ii)which is to be voted upon separately. 9:28 p.m. Charles Hornig, Capital Expenditures Committee, reported unanimous support of the Capital Expenditures Committee for Article 8, sections a(i),not a(ii) which is to be voted upon separately 9:28 p.m. Following a voice vote on Article 8, Part One (Sections 8 a(i),b, c, d, e, f, g, h, i), the Moderator DECLARED the motion under Article 8 Part One ADOPTED by 1 more than a 2/3 vote. 9:28 p.m. The Moderator explained Article 8,PART TWO which is comprised of Section a(ii)now before the members. PART TWO—8 a(ii) : 9:29 p.m. Selectman Catherine Abbott explained that 4 of the 5 Selectmen voted in favor of section a(ii) and spoke on plans for use of the $50,000. 9:30 p.m. Jacqueline Davison,pr.3,requested support. 9:31 p.m. Charles Hornig, Capital Expenditures Committee, addressed issues with the proposal's moving too fast, spoke against the funding, and explained the motion is not supported by the Capital Expenditures Committee. Mr. Hornig explained the Committee would be presenting an amendment if passed. 9:33 p.m. Debra Brown explained the Appropriation Committee supports the needs of a Senior Center but shares concerns with the Capital Expenditures Committee and that a majority of the Appropriation Committee does not support the motion. —, 9:36 p.m. Alan Levine, Appropriation Committee, spoke on site option issues. .� 9:40 p.m. Mark Andersen,pr.6, questioned Ms. Davison on site options and the possibility of sharing a facility with another community Mrs. Davison addressed Metropolitan State Hospital site issues and explained every community has its own center addressing the needs of its own population. A shared center with another community is not viewed as viable. 9:43 p.m. Robin DiGiammarino explained the School Committee has no issue with the funding request and invites the Council on Aging to a School Committee meeting to discuss site options. 9:44 p.m. Andrew Friedlich,pr.5, spoke in opposition. 9:45 p.m. Ingrid Klimoff,pr.8, spoke in opposition. 9:46 p.m. Shirley Stolz, Capital Expenditures Committee, moved: AMENDMENT: The motion be amended by adding the words. "provided that, before any site analysis or schematic design is undertaken, the Board or Committee having custody of the site must declare it's intent to release the site for this use and the COA must agree to the site so proposed" 9:49 p.m. Selectman Catherine Abbott reported it was the sense of the 4 Selectmen present to oppose the amendment, and that the Council on Aging needs the funding requested to take the next step. 9:50 p.m. Debra Brown reported a majority of the Appropriation Committee supports the amendment. 9:50 p.m. Charles Hornig, Capital Expenditures Committee, reported the Capital Expenditures Committee was in unanimous support of the amendment. 2000 Annual Town Meeting—March 29, 2000 567 9:51 p.m. Martin Long,pr.6, moved to postpone Article 8 a(ii) until April 3rd when the School Committee will have addressed the land availability issue. 9:52 p.m. Following a voice vote,the Moderator declared Article 8 a(ii) postponed until April 3,2000. Article 9: STREET ACCEPTANCES 9:53 p.m. Presented by Selectmen Elizabeth Eddison. MOTION: To establish as Town ways and accept the layout of the following Town ways: _ Howard Munroe Place from Woburn Street a distance of 290 feet, more or less, to the end; Litchfield Road from Lowell Street a distance of 278 feet,more or less, to the end; Johnson Farm Road from Flintlock Road a distance of 270 feet,more or less,to the end; Fox Run Lane from East Street a distance of 622 feet, more or less,to the end. All as laid out by the Selectmen and shown upon plans on file in the office of the Town Clerk, dated August 29, 1998, September 2, 1998, October 7, 1998 and December 7, 1999. 9:55 p.m. Ms. Eddison explained the listing of streets for acceptance. 9:55 p.m. John Davies, Planning Board, moved the report of the Planning Board be accepted and placed on file. Mr Davies reported the Planning Board's unanimous support for the motion. Following a unanimous voice vote the Moderator declared the report accepted and placed on file. r-- 9:55 p.m. Following a voice vote the Moderator declared the motion under Article 9 UNANIMOUSLY ADOPTED. Article 10: WATER MAINS CLEANING AND LINING 9:56 p.m. Presented by Selectman Elizabeth Eddison MOTION: That the Selectmen be and they hereby are authorized to install new or replacement water mains and line and reline 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; to appropriate$400,000 for such installation and lining and land acquisition; and to raise such amount$315,000 be transferred from the Water Enterprise Fund and the Treasurer with the approval of the Board of Selectmen is authorized to borrow $85,000 under G.L.c.44,§8 and is authorized to borrow all or a portion of such amount from the Massachusetts Water Resources Authority; and to authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid for such water projects. Ms. Eddison reported the unanimous support of the Selectmen for this motion. 10:00 p.m. Charles Hornig reported the Capital Expenditure Committee's unanimous support of the water lining section of this motion. Mr. Hornig moved the following amendment: AMENDMENT: The motion be amended by adding these words: "provided that none of these funds shall be used to extend new water service on Lincoln Street" 10:04 p.m. Selectman Elizabeth Eddison reported the Selectmen opposed the amendment as the Town has a responsibility to provide public water. 10:04 p.m. Paul Hamburger reported a majority of the Appropriation Committee supports the amendment as well as the main motion. 5 S 2000 Annual Town Meeting-March 29, 2000 10:05 p.m. Frank Sandy,pr.6, questioned the responsibility of subdivision contractors. Town Manager Richard White reported the Town cannot guarantee subdivision of the land involved and the Town has a moral obligation to provide water. Mr. White congratulated staff for taking advantage of a grant opportunity and for presenting the option. 10:07 p.m. Leo McSweeney, pr.9, spoke in opposition to the amendment. 10:10 p.m. Sam Silverman,pr.5,questioned the likelihood of additional houses requiring water over the upcoming years. Town Manger Richard White ex',lained it was difficult to predict when situations will require private water sources be replaced by Town water. 10:12 p.m. Caleb Warner,pr.3,spoke on the interest in the area by the Cambridge Water Department. David Carbonneau, Sr. Engineer, explained he had several discussions with the Cambridge Water Authority regarding current sewer project plans and of the Authority's pleasure with proposed sewering of the area. He has yet to have discussions regarding providing Town water. 10:15 p.m. Conservation Commission Chairman Joyce Miller spoke in favor. 10:16 p.m. Sheldon Spector,pr.6, questioned Ms. Eddison on betterments,homeowner payments and the timeframe in which the Town will recover payments. Sr Engineer David Carbonneau explained repayment may be made, at the discretion of the homeowner, over a period of up to 20 years. 10:17 p.m. Town Manager Richard White explained,and Mr.Carbonneau reiterated,the Town subsidizes water betterments far greater than sewer betterments. 10:18 p.m. Marianne Lazarus,pr.6, questioned if planned sewer work would proceed regardless of request for water. Mr. Carbonneau explained the Town is currently preparing plans for the sewer project. 10:19 p.m. David Harris,pr.4,questioned control of development by not providing water r-, 10:19 p.m. John Carroll,pr.3, explained he was under the impression that development couldn't occur within 100 ft. of a wetland/stream. Joyce Miller commented she didn't remember any circle(determining wetland)being drawn around the area but a major problem is that the area in question is within the Cambridge Reservoir watershed area. 10:22 p.m. Mark Andersen, pr.6, questioned other funding sources for the projects. 10:22 p.m. Following an uncertain voice vote,the Moderator called for a standing vote on the amendment,tallied as follows: Precinct Yes No 1 11 2 2 1 11 3 3 12 4 1 16 5 6 5 6 11 7 7 4 8 8 8 7 9 6 9 At Large 10 6 TOTAL 61 83 10:27 p.m. With less than the required 2/3 vote,the Moderator declared the AMENDMENT NOT ADOPTED. 10:27 p.m. Charles Hornig reported the Capital Expenditures Committee supported the Article without the amendment. 10:27 p.m. Paul Hamburger reported the Appropriation Committee supported the Article without the amendment. 10:27 p.m. Following a voice vote,the Moderator declared the motion ADOPTED with more than the required two-thirds vote. 10:27 p.m. Charles Hornig, Capital Expenditures Committee, served NOTICE OF RECONSIDERATION of Article 10. 2000 Annual Town Meeting-March 29, 2000 5 59 ARTICLE 11: REHABILITATION OF CENTER POOL COMPLEX 10:27 p.m. Presented by Donald Chisholm,Recreation Committee MOTION: That the sum of$100,000 be appropriated to make improvements and repairs and purchase equipment for the Center Pool Complex as determined by the Recreation Committee with the approval of the Board of Selectmen, and to raise such amount$100,000 be transferred from the Recreation Enterprise Fund. 10:28 p.m. Mr. Chisholm presented commented on plans for the center pool complex. 10:34 p.m. Shirley Stolz reported the Capital Expenditures Committee unanimously fl recommended approval. 10:35 p.m. Paul Hamburger reported the Appropriation Committee unanimously recommended approval. 10:35 p.m. Jeanne Krieger reported a majority of the Board of Selectmen recommended approval. 10:35 p.m. Following a voice vote, the Moderator declared the MOTION UNANIMOUSLY ADOPTED. Article 12 ACCESSIBILITY OF THE OLD RESERVOIR 10:36 p.m. Presented by Sandra Shaw, Recreation Committee. MOTION: That the sum of$25,000 be appropriated to make improvements at the Old Reservoir as determined by the Recreation Committee with the approval of the Board of Selectmen, and to raise such amount$25,000 be transferred from the Recreation Enterprise Fund. (March 27, 2000) 10:36 p.m. Ms. Shaw requested the Moderator recognize Recreation Committee Pam r-m Varrin to present the article. 10:37 p.m. Charles Hornig, Capital Expenditures Committee, served NOTICE OF RECONSIDERATION of ARTICLE 11. 10:37 p.m. Ms. Varrin commented on planned improvements at the Old Reservoir. 10:37 p.m. Shirley Stolz reported unanimous support of the Capital Expenditures Committee. 10:37 p.m. Paul Hamburger reported unanimous support of the Appropriation Committee. 10:38 p.m. Jeanne Krieger reported unanimous support of the Board of Selectmen. 10:38 p.m. Joyce Miller reported the Conservation Commission had not seen the proposal but that it is highly unlikely they would not support the plans. 10:39 p.m. David Kanter, pr.7, questioned storage for structure when not in use. Recreation Director Karen Simmons explained the sections would be stored in the bath house. 10:39 p.m. Following a voice vote, the Moderator DECLARED the MOTION UNANIMOUSLY ADOPTED. 1 10:39 p.m. Charles Hornig, Capital Expenditures Committee, served NOTICE OF RECONSIDERATION of ARTICLE 12. 10:40 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until Monday, April 3, 2000 at 8:00 p.m., at the Clarke Middle School. Adopted by voice vote. 10:40 p.m.. A true copy. Attest: _ •' Donna M. Hooper, Town Cl-rk 570 ADJOURNED SESSION 2000 ANNUAL TOWN MEETING April 3,2000 The adjourned session of the 2000 Annual Town Meeting was called to order by Moderator Margery M. Baffin,at 8:00 p.m.,in the Clarke Middle School Auditorium. A quorum of 179 members was present at the third session. The Moderator reminded members of procedures for standing votes,that standing votes are to be tallied by precinct clerks,with Mr. Pawliczek reporting members At-Large. 8:03 p.m. The Moderator called a recess for presentations by the School Committee to honor Science Fair recipients,National Merit Scholars, and the first �--� recipient of the Michael Wagner School Technology Award. Superintendent Dr.'Patricia Ruane and Representative Jay Kaufman presented awards. 8:15 p.m. The Moderator called the meeting to order. ARTICLE 2: REPORTS OF TOWN BOARDS,OFFICERS, COMMITTEES 8:15 p.m. Selectman Peter Enrich reported on the status of Article 7,which the meeting had voted previously to postpone to April 10. It is anticipated that the school capital project may require an additional $2,500,000-$3,000,000. 8:19 p.m. Selectman Catherine Abbott reported Town Manager Richard White has announced the appointment of William Hadley as Director of Public Works. ARTICLE 8 (a) (ii): CAPITAL PROJECTS AND EQUIPMENT 9:20 p.m. Presented by Shirley Stolz, Capital Expenditures Committee. The motion be amended by adding the words: AMENDMENT:.. provided that, before any site analysis or schematic design is undertaken, the Board or Committee having custody of the site must declare it's intent to release the site for this use, and the C.O.A. must agree to the site so proposed. 8:22 p.m. School Committee Chairman Robin DiGiammarino reported on the School Committee's meeting of April 3 at which available school sites and needs were discussed. 8.23 p.m. Shirley Stolz, Appropriation Committee, clarified the explanation of the amendment proposed on March 29 and now before the meeting this evening. 8:26 p.m. Clark Cowen reported the Council on Aging's support for the amendment. The Moderator reminded the audience the Appropriation Committee supports the amendment. 8:27 p.m. The Moderator called for a recess for the Board of Selectmen to determine its position on the amendment. 8: 28 p.m. Selectman Catherine Abbott explained a majority of the Board of Selectmen support the amendment as an effort to move the process forward. The Board of Selectmen suggests a committee be formed to work on this project. 8:30 p.m. David Kanter, pr.7, questioned presenting the Space/Building Needs Assessment Advisory Committee report before voting on this issue as he feels the information is pertinent before the vote. 8:31 p.m. Selectman Dawn McKenna reported the Committee would be reporting on April 10, but that the Committee recommends a study on the differences of building on a new site vs. rehabilitation of an existing building. 2000 Annual Town Meeting—April 3, 2000 571 8:32 p.m. Marianne Lazarus, pr.6, questioned support of this article and if it infers approval of any of the two sites identified. 8:33 p.m. Selectman Catherine Abbott replied that acceptance does not commit Town Meeting to the two sites. 8:34 p.m. Jacqueline Davison, Council on Aging,reported support for the Selectmen's appointment of a committee to extend the site search to a broad based representation. 8:35 p.m. School Committee member Fred Rosenberg reported the Committee's support of the amendment and its looking toward working with the Council on Aging and appointed Committee to identify locations. 8:36 p.m. Neal Boyle,pr.7, questioned the LexPress bus route to the identified sites. John Graham, Transportation Advisory Committee, reported LexPress service to the Laconia Street, Pelham Road, and Lowell Street area options. 8:37 p.m. Neal Boyle,pr.7, questioned departmental fund allocation, control and accountability. 8:38 p.m. Selectman Catherine Abbott reported the Board of Selectmen retain control and accountability. 8:38 p.m. Anne Ripley,pr.6, questioned the number of sites and if requested funding is sufficient for site analysis and schematic drawings. Town Manager Richard White explained that the nature of the amendment precludes site �-_ analysis of public sites and that no funds will be used until the site is designated. 8:40 p.m. Perry Pollins,pr.5, questioned the timeline for the new Senior Center. Selectman Catherine Abbott responded that there had been no date identified but the Selectmen feel the need to move the process along. 8.41 p.m. Edith Sandy,pr.6, questioned if language specifying extension of site search could be provided. Ephraim Weiss,pr.5, questioned Mrs. Sandy's intent. 8:42 p.m. Edith Sandy, pr 6, stated the key process is to select a site other than that already identified by the Council on Aging. 8:44 p.m. Resident Lucy DeWolf, 153 Reed Street, stated her concern over possible use of undeveloped land sites. 8:45 p.m. Robert Cohen,pr 3, questioned the Town's pursuit of the Clarke Street medical building. Dawn McKenna explained the Space/Building Needs Assessment Advisory Committee had discussed the Clarke Street site but thought it was not sufficient to support parking or building requirements. Mr. Cohen questioned the current number of parking spaces at the center. Mrs. McKenna stated she did not know. 8.47 p.m. Paul Lapointe,pr.2, stated he thought the Committee already exists, the Space/Building Needs Assessment Advisory Committee, and that the role of the C.O.A. is to reexamine with the architect the needs, and translate the needs into space and footage requirements. This should be undertaken before the site analysis goes further. 8:49 p.m. James Barry,pr.1, addressed site locations. 8:50 p.m. David Harris, pr.4, questioned time requirements if the site process is re- opened prior to next town meeting. 8:50 p.m. Selectman Catherine Abbott responded that work:ias already been completed by the COA. 8:51 p.m. Following a voice vote on the amendment, the Moderator declared the Amendment ADOPTED. 572 2000 Annual Town Meeting—April 3, 2000 8:51 p.m. The Moderator reported the Capital Expenditures Committee, School Committee and Board of Selectmen had previously indicated support for the article as amended. 8:52 p.m. Debra Brown,Appropriation Committee, reported a majority of the Appropriation Committee supports the article as amended. 8:52 p.m. Nyles Barnert, pr.4, questioned the sufficiency of$8,000 in funding. 8:52 p.m. Jacqueline Davison, C.O.A.,reported that$8,000 is sufficient for preliminary site analysis. 8:54 p.m. Selectman Dawn McKenna reported as the minority of the Board of Selectmen that she speaks against the amended motion as she believes the $50,000 is premature and that issues need to be addressed prior to funding. 8:56 p.m. Manuel Navia,21 Washington Street, addressed the importance he places on open space. 8:58 p.m. Thomas Ryan, 36 Percy Road, spoke in opposition to the motion and use of undeveloped remote sites. 8:59 p.m. Ephraim Weiss, pr.5, spoke in support of the objectives of the Senior Center but questions the accounting for use of the $50,000. 9.00 p.m. Judith Uhrig, pr.4, questioned Mrs. Abbott if the Selectmen's committee is to look at program needs as well as site options. Mrs. Abbott reported that,yes,program needs are an integral part of the process. 9:01 p.m. David Kanter, pr.7, spoke in opposition to the amended motion as he doesn't feel the language addresses the scope of program and space needs. 9:02 p.m. Alan Lazarus,pr.6, spoke in favor as a result of the Selectmen's plans to -� appoint a committee to review site and program needs. 9:03 p.m. Susan Elberger, pr.9, spoke in opposition and for the need of public input. 9:04 p.m. Sam Silverman,pr.5, spoke in favor. 9:06 p.m. Peggy Harris, 5A Elliot Road, questioned if this article passes could it be interpreted that the Senior Center could be build on the two sites. Selectman Catherine Abbott explained if the article passes,the C.O.A. would have permission to proceed with planning and that it is not intended to give a blessing on any piece of property. 9:08 p.m. David Harris, pr.4, spoke in opposition. 9:09 p.m. Dan Fenn,pr.3, spoke in favor. 9:12 p.m. Kenneth Reich,pr.4, spoke in opposition. 9:14 p.m. Dan Busa,pr.1, spoke in favor and on the growth of the senior population. 9:16 p.m. Neal Boyle, pr.7, questioned if the amendment wasn't too restrictive and of his wish to postpone vote for a week. 9:18 p.m. Tim Counihan,pr.4, spoke against and of his surprise of apparent lack of openness in the process. —I 9:20 p.m. Alex Nedzel,pr.3, spoke in favor. 9:21 p.m. Jack Cunha,pr.8, moved the previous question. 9:21 p.m. The Moderator called a voice vote on should the question now be put. Following a voice vote,the Moderator stated the main question, as amended,now before the meeting. 2000 Annual Town Meeting—April 3, 2000 )7 J 9:22 p.m. Following an uncertain voice vote,the Moderator called for a standing vote on the motion as amended,tallied as follows: Precinct Yes No I 1 6 10 2 10 6 3 11 5 4 7 11 5 8 9 6 11 8 7 4 8 ' 8 7 10 9 12 6 At Large 17 3 TOTAL 93 , 76 9:24 p.m. With more than the required vote,the Moderator declared the MOTION ADOPTED. 9:28 p.m. The Moderator declared a Recess to recognize the contributions of Town Meeting Member Caleb Warner,pr.3, on his dedicated service to Town Meeting. 9:46 p.m. The Moderator declared the meeting in session. 9.46 p.m. Paul Hamburger, Appropriation Committee, served Notice of Reconsideration on Article 8 (a) (ii). ARTICLE 13: SCHOOL TECHNOLOGY PROGRAM 9:47 p.m. Presented by Fred Rosenberg, School Committee. MOTION: That the sum of$800,000 be appropriated for the purchase of computer hardware, software and equipment; and that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow$800,000 under G.L.c.44, §7. 9:47 p.m. Mr. Rosenberg explained how the requested funding would be used in addressing the school's technology plan. 9:52 p.m. Selectman Elizabeth Eddison reported the Selectmen's unanimous support. 9:53 p.m. Thomas Griffiths reported the Capital Expenditure Committee's unanimous support. 9:54 p.m. Paul Hamburger reported the Appropriation Committee's unanimous support. 9:54 p.m. Following a voice vote, the Moderator declared the Motion ADOPTED by more than the required two-thirds vote. 9:54 p.m. Shirley Stolz, Capital Expenditures Committee, served Notice of Reconsideration on Article 13. r-- Article 14: SCHOOL CAPITAL PROJECT 9:54 p.m. Presented by School Committee Chairman Robin DiGiammarino. MOTION: That the sum of$1,150,000 be appropriated for planning for new schools and renovating existing schools, and for remodeling, reconstructing and making extraordinary repairs to school buildings and for the purchase of additional equipment therefor;that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow$1,150,000 under G.L.c.44,§7 or Chapter 645 of the Acts of 1948 as amended; and that the Permanent Building Committee is authorized to take all action necessary to carry out this project. i. ry 5 4 2000 Annual Town Meeting—April 3, 2000 9:54 p.m. Mrs. DiGiammarino explained the components of the request. 10:00 p.m. Thomas Griffiths reported unanimous support of the Capital Expenditures Committee. 10:00 p.m. Sheldon Spector reported unanimous support of the Appropriation Committee. 10:00 p.m. Selectman Dawn McKenna reported the Board of Selectmen's unanimous support. 10:01 p.m. Sam Silverman,pr.5,questioned impact of annual increases in school budget on residents on fixed-income. Mrs. DiGiammarino responded to actions of the School Committee. Paul Hamburger,Appropriation Committee,responded to income distribution of residents and availability of information from U.S. Census,the current one of which is currently underway. 10:06 p.m. Board of Selectmen Chairman Jeanne Krieger explained that the circuit breaker legislation is intended to aid fixed-income residents and the Selectmen's Blue Ribbon Advisory Committee will advise on the planning of capital projects. 10:07 p.m. Following a voice vote,the Moderator declared the Motion ADOPTED with more than the required two-thirds vote. 10:07 p.m. Shirley Stolz, Capital Expenditures Committee, served Notice of Reconsideration on Article 14. ARTICLE 15: STABILIZATION FUND 10:08 p.m. Presented by Selectman Dawn McKenna. MOTION: That$123,050 is appropriated for thy. Stabilization Fund in accordance with Section 5-B of chapter 40 of the General Laws, and that such amount be raised in the tax levy. 10:08 p.m. Ms. McKenna presented the motion, reported the Selectmen's support, and explained the funds were to cover the cost of an ambulance with the expectation that we will appropriate the funds for this purpose next year. 10:09 p.m. Debra Brown reported the Appropriation Committee's unanimous support. 10:09 p.m. George Burnell reported the Capital Expenditure Committee's unanimous support. 10:09 p.m. Following a Unanimous voice vote,the Moderator declared the Motion UNANIMOUSLY ADOPTED. 10:09 p.m. Paul Hamburger, Appropriation Committee, served Notice of Reconsideration on Article 15. ARTICLE 16: RETIREMENT BOARD 10:10 p.m. Presented by Robert Cunha. MOTION: That the Town approve the acceptance by the Lexington Retirement Board of Section 51 of Chapter 127 of the Acts of 1999. (Acceptance of this section will allow the Retirement Board to grant a cost of living adjustment up to 3%on the first$12,000 or$360 in a year when the Consumer Price Index is less than 3%.) 10.10 p.m. Robert Cunha requested the Moderator recognize John Ryan, Ex-Officio, Retirement Board. Mr. Ryan explained the requested acceptance of the Act. 2000 Annual Town Meeting—April 3, 2000 5 7 5 10:13 p.m. Paul Hamburger reported the Appropriation Committee's unanimous support. 10:13 p.m. Selectman Catherine Abbott reported the Selectmen's unanimous support. 10:13 p.m. Following a voice vote,the Moderator declared the motion ADOPTED. 10:13 p.m. Paul Hamburger,Appropriation Committee, served Notice of Reconsideration on Article 16. ARTICLE 17: TRANSFER HAYDEN WOODS FUND TO THE TRUSTEES OF PUBLIC TRUSTS 10:14 p.m. Presented by Joyce Miller, Conservation Commission. MOTION: That the Hayden Woods Conservation Area Fund be transferred to the Trustees of Public Trusts and be expended at the direction of the Conservation Commission. 10:14 p.m. Mrs. Miller explained the requested motion. 10:15 p.m. Selectman Catherine Abbott reported the Board of Selectmen's unanimous support. 10:15 p.m. Following a voice vote,the Moderator declared the MOTION UNANIMOUSLY ADOPTED. ARTICLE 18: WIRELESS COMMUNICATION FACILITY MORATORIUM 10:16 p.m. Presented by Selectman Jeanne Krieger. MOTION: That this article be indefinitely postponed. 10:16 p.m. Following a voice vote, the Moderator declared the MOTION UNANIMOUSLY ADOPTED. ARTICLE 19: AMEND SECTION 6 OF ARTICLE I OF THE GENERAL BY-LAWS,NON-CRIMINAL DISPOSITION 10;16 p.m. Presented by Martha Wood,Board of Health. MOTION: That Section 6 of Article I of the General By-laws be amended as set forth in a document filed with the Town Clerk on February 24, 2000. n 1-4rt Content of February 24.2000 Document on file with Town Clerk: Description: This article would establish fines for non-criminal disposition (ticketing) of violations of the local health code pertaining to dumpsters. This fine is requested to promote compliance with the regulations. 0 Iv 0 n Proposed Changes to Fine Schedule for Article 19 of Town Warrant,2000 a N Regulation Subject First Offense Second Offense o TBD Dumpsters $100 $200 n rt ao 10:17 p.m. Martha Wood explained the fines are being updated and become part of the o 0 non-criminal disposition process. rt CD 0 am 0 10:18 p.m. Judith Uhrig,pr.4, questioned raising fees without Town Meeting: Mrs. Wood explained Town Meeting must approve the non-criminal disposition fine. m a1-3 '0 CD E Mrs. Uhrig questioned how the fine amounts were derived and her wish that the fines were greater for repeat offenders. _ N� O 10:20 p.m. Ephraim Weiss,pr.5,stated his reluctance to vote on an article without seeing o 576 2000 Annual Town Meeting—April 3, 2000 the document on file at the Town Clerk's office. 10:21 p.m. Donald Wilson,pr.2, questioned the definition of dumpsters. Mrs. Wood explained the regulation is specific to dumpsters. 10:23 p.m. Following a UNANIMOUS voice vote, the Moderator declared the MOTION UNANIMOUSLY ADOPTED. ARTICLE 20: HISTORIC DISTRICTS COMMISSION- NON CRIMINAL DISPOSITION 10:24 p.m. Presented by Selectman Jeanne Krieger. MOTION: That the vote passed under Article 57 of the Warrant for the 1998 Annual Town Meeting is hereby confirmed and that the Selectmen be and they hereby are authorized to petition the General Court for an act to amend Chapter 447 of the Acts of 1956 as amended to provide for the enforcement by the use of non-criminal disposition. 10:24 p.m. Jeanne Krieger reported the Board of Selectmen's unanimous support. 10:25 p.m. Dan Busa,pr.2,moved postponement to April 10 to allow Dan Fenn to speak on the motion. 10:26 p.m. Richard Michelson,pr.8,requested details on the questions posed in 1998 to the Historic Districts Commission. Town Counsel Norman Cohen explained the Historic Districts Commission adopted regulations and that the scope of the article is authorizing the legislature to pass an act which would then be required to be brought to Town Meeting. 10:26 p.m. Following a voice vote on Postponement, the Moderator declared POSTPONEMENT to April 10. 1 ARTICLE 21: ACCEPT CHAPTER 41; SECTION 100G IA OF MGL 10:28 p.m. Presented by Selectman Jeanne Krieger. MOTION: That the Town accept Section 100G 1/4 of Chapter 41 of the General Laws. (This chapter relates to the payment of funeral and burial expenses of firefighters and police officers killed in the performance of duties.) 10:28 p.m. Selectman Krieger reported the Board of Selectmen's unanimous support. 10:29 p.m. Paul Hamburger reported the Appropriation Committee's unanimous support. 10:30 p.m. Anne Ripley,pr.6,questioned why the motion pertains only to Police and Fire Departments. 10:31 p.m. Ephraim Weiss,pr.5,questioned why the wording doesn't refer to the Town of Lexington. 10:31 p.m. Following a UNANIMOUS voice vote, the Moderator declared the MOTION UNANIMOUSLY ADOPTED 10:31 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until Monday, April 10,2000 at 8:00 p.m., at Clarke Middle School. Unanimously adopted by voice vote. 10:31 p.m. A true copy. Attest: i_LL)11 j4141112de4/ Donna M. Hooper, Town Clerk 577 ADJOURNED SESSION 2000 ANNUAL TOWN MEETING April 10,2000 The adjourned session of the 2000 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., in the Clarke Middle School Auditorium. A quorum of 172 members was present at the fourth session. The Moderator reminded members of procedures for standing votes,that standing votes are to be tallied by precinct clerks, with Mr. Pawliczek reporting members At-Large. The Moderator explained the order of business for the evening, first articles 20, 22, 23, 24 and 7 in that order,then line item 3600 of Article 4, and finally article 25. ARTICLE 2: REPORTS OF TOWN OFFICERS,BOARDS AND COMMITTEES 8:02 p.m. Alan Lazarus, Town Meeting Members Association,reminded members of annual dues payment. 8:03 p.m. Reverend Peter Meek presented the Report of the Cary Memorial Library Trustees, explaining the anticipated temporary occupancy of Cary Hall by Cary Library in November, 2000 Reverend Meek then requested the Moderator recognize William J Dailey, President of the Cary Memorial Library Foundation. Mr. Dailey presented an update of the Foundation's fundraising efforts, its incorporation in 1999, and total cost to the Town for library renovations. 8:18 p.m. Selectman Dawn McKenna presented a brief report of planned Year 2000 celebrations. 8:20 p.m. Don Chisholm,pr.4, moved the Report of the Space/Building Needs Assessment Advisory Committee be accepted and placed on file Following an unanimous voice vote,the Moderator declared the Report Accepted and Placed on File. Mr. Chisholm and committee member Karen Dooks summarized the Committee's report. 8:37 p.m. The Moderator declared the meeting open under Article 20 and reminded members of Mrs. Krieger's presentation of the article on April 3,2000. ARTICLE 20: HISTORIC DISTRICTS COMMISSION— NON CRIMINAL DISPOSITION MOTION: That the vote passed under Article 57 of the Warrant for the 1998 Annual Town Meeting is hereby confirmed and that the Selectmen be and they hereby are authorized to petition the General Court for an act to amend Chapter 447 of the Acts of 1956 as amended to provide for the enforcement by the use of non-criminal disposition. 8:38 p.m. The Moderator recognized Historic Districts Commission member Dan H. Fenn, Jr. for his report on the Historic District Commission's guidelines. Mr. Fenn reviewed the issuance of H.D.C. instruction guidelines in November, 1998 and available in the Town Office Building, the Massachusetts Guidebook for Historic District Commissions,and the draft document of the Commission's enhanced set of guidelines. 8:40 p.m. Following a unanimous voice vote,the Moderator declared the MOTION ADOPTED. 2000 Annual Town Meeting—April 10, 2000 Article 22: BY-LAW AMENDMENT—APPROPRIATION COMMITTEE 8:41 p.m. Presented by Appropriation Committee Chairman Paul Hamburger. MOTION: That paragraph one of Section 5 of Article XIII of the General By-Laws be amended as set forth in the article. Approved by Atty. To see if the Town will vote to amend paragraph one of Section 5 of Article General Tom_ Reilly XIII of the General By-Laws to read as follows: May 25, 2000 and posted September 6, 2000 "The Committee shall prior to each annual town meeting for the transaction of business prepare,publish and distribute by making copies available at the Office of the Town Clerk and at Cary Memorial Library, and by mailing or otherwise distributing to each town meeting member a review of the budget adopted by the Board of Selectmen to be considered at the Annual Town Meeting. This 'review will include the Committee's advice and recommendations with reference to the various appropriations of town funds, and other municipal matters coming before such town meeting. The Appropriation Committee shall include in its report an assessment of the budget plan based on all the data available to it concerning the next year's revenues and expenses as well as a projection for future years'revenues and expenses." 8:41 p.m. Mr Hamburger explained the motion's intent and reported the Appropriation Committee was unanimously in favor of the motion. 8:41 p.m. Selectman Peter Enrich,explaining this was a housekeeping article,reported the Board of Selectmen were unanimously in favor of the motion. 8:42 p.m. Following a unanimous voice vote,the Moderator declared the MOTION ADOPTED. Article 23: BY-LAW AMENDMENT—SELECTMEN BUDGET SUBMITTAL 8:43 p.m. Presented by Appropriation Committee Chairman Paul Hamburger. MOTION: That Section 13 of Article VI of the General By-Laws be amended as set forth in the article. Approved by Atty. General Tom Reilly To see if the Town will vote to amend Section 13 of Article VI of the General May 25, 2000 and By-Laws to read as follows: posted September 6, 2000 "Section 13. The Selectmen shall submit a budget at the Annual Town Meeting. The Selectmen's proposed budget shall be distributed to the Appropriation Committee, Capital Expenditures Committee and to each Town Meeting Member at least four weeks prior to the date when the Annual Town Meeting is scheduled to consider it." 8:44 p.m. Mr Hamburger reported unanimous support of the motion by the Appropriation Committee. 8:44 p.m. Selectman Peter Enrich explained this motion is a diametric shift in the process by which budgets are currently submitted and that the Selectmen are delighted to share the success of this past year's budget process. The Board of Selectmen unanimously support this motion. 8:45 p.m. Charles Hornig reported the unanimous support of the Capital Expenditures Committee. 8.45 p.m. Robin DiGiammarino reported the unanimous support of the School Committee. 8:45 p.m. Following an UNANIMOUS voice vote,the Moderator declared the MOTION UNANIMOUSLY ADOPTED. 579 2000 Annual Town Meeting—April 10, 2000 Article 24 HOME RULE PETITION—GRANTS OF LOCATION 8:45 p.m. Presented by Selectman Jeanne Krieger. MOTION: That the Board of Selectmen be and they hereby are authorized to petition the General Court for an Act to allow the Board of Selectmen to delegate to the Director of Public Works the authority to grant orders for the installation of underground utility lateral services notwithstanding Section 22 of Chapter 166 of the General Laws. 8.47 p.m. Selectman Jeanne Krieger explained the purpose of the Act in addressing the underground utility hearings which usually are perfunctory hearings. Mrs.Krieger reported a majority of the Selectmen supported this motion. 8:47 p.m. Selectman Dawn McKenna explained her disagreement with this motion. 8:50 p.m. Following a voice vote,the Moderator declared the MOTION ADOPTED. Article 7: SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED CAPITAL IMPROVEMENTS MOTION: That$2,800,000 be appropriated for planning, constructing, originally equipping and furnishing additions to and remodeling, reconstructing and making extraordinary repairs to Lexington High School, Clarke Middle School, and Diamond Middle School in addition to the amount appropriated under Article 2 of the November 9, 1998 Special Town Meeting; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow$2,800,000 under Chapter 44 of the General Laws or Chapter 645 of the Acts of 1948 �-- as amended. 8:50 p.m. Selectman Peter Enrich presented the motion and summarized the funding needs to supplement funding of renovations for the secondary schools. Mr. Enrich explained the bids received for the project came in at approximately$1.5 M above estimated levels, and with adjustments have been reduced to $1.2 M. Mr. Enrich further explained the Permanent Building Committee has recommended to supplement the contingency reserve from 3%to 6%, requiring an additional $1.4 M, and an additional $200,000 is requested to expand the Project Management staff to bring the project in on time and on budget. Mr. Enrich explained payment is to be covered within the existing revenue stream and will be eligible for 59% School Building Assistance funding from the Commonwealth. The 41%will be borrowed and covered in debt service from within the budgeted annual 5%Capital Budget funding allocation. Mr. Enrich reported the Board of Selectmen unanimously urges support of the motion. 8:59 p.m. Thomas Griffiths reported the Capital Expenditures Committee supports the motion, explaining that debt service represents funds which will be removed from other capital projects but that the Committee feels the amount can be absorbed. 9:00 p.m. Sheldon Spector reported the unanimous support of the Appropriation Committee. 9:01 p.m. Robin DiGiammarino reported the unanimous support of the School Committee. 9:01 p.m. Kenneth Reich,pr.4, stated he was under the impression the School Building Assistance request was for one project approval and questioned if the Town had the assurance the additional expenses could be included in a building project with the State. 580 2000 Annual Town Meeting—April 10, 2000 Selectman Peter Enrich explained the standard process was that the scope of the project could not be changed but costs may be amended based upon bids received. Kenneth Reich questioned if another situation should arise requiring additional funds could that too be covered. Mr. Enrich explained that as far as he understood it could be covered. 9:03 p.m. Stephen Tripi, 12 Freemont Street, commented on the costs of local government, questioned savings from turning off the street lights, and ways in which the Town may save $3 M without a problem. Selectman Peter Enrich explained if the Town obtains $3.4 M from a Proposition 2 '/2 override, we will borrow the 41%of the project and make payment over a 20 year period. 9:05 p.m. Neal Boyle,pr.7, spoke in opposition, explaining he saw it to be too soon to be experiencing such a large overrun for the project. 9:08 p.m. Eleanor Ruben, 67 Baskin Road, questioned the guarantee of state funds. Selectman Enrich explained there was no cause for concern. 9:10 p.m. Perry Pollins,pr.5, spoke against the motioned and likened the project to the State's current"Big Dig"Central Artery project. 9:11 p.m. Maria-Elena Kostorizos,pr.1, questioned Mr. Enrich on the ability to complete the project is the funding is not passed. 9:12 p.m. Robin DiGiammarino, School Committee, stated the project would have to be completed as approved. 9:13 p.m. Fred Martin,pr.7, questioned funding of the contingency, originally approved at 8%in 1998. In the process of redesigning the project the Town incurred substantial additional costs which cut the 8% contingency down to 3%. 9:14 p.m. Eleanor Ruben, 67 Baskin Road, commented on the stability of Massachusetts bonds. 9:14 p.m. Stephen Tripi, 12 Freemont Street, questioned how much funding the townspeople could be requested to contribute. 9:15 p.m. Following a voice vote,the Moderator DECLARED the MOTION ADOPTED by more than the required two-thirds. 9:15 p.m. Charles Hornig, Capital Expenditures Committee, served Notice of Reconsideration of Article 7. 9:15 p.m. Paul Hamburger,Appropriation Committee, moved Reconsideration of Article 4,Line Item 3600. Mr. Hamburger stated the Committee unanimously supported the motion. Selectman Jeanne Krieger stated the Board of Selectmen unanimously supported the motion. Following a voice vote, the Moderator DECLARED RECONSIDERATION PREVAILS. The MOTION now before the membership is the motion passed on March 27th, as follows: 3600 Transportation Expenses 225,955 (Provided, however,that$225,955 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the May, 2000 special election.) (Of which $80,000 is to be transferred from the Parking Meter Fund.) 2000 Annual Town Meeting—April 10, 2000 , 1 9:17 p.m. Mr. Hamburger moved to amend the motion passed on March 27,2000,by adding the following words after"Parking Meter Fund": AMENDMENT: ",provided however that if the override does not pass, the$80,000 parking meter fund transfer shall be appropriated to the DPW budget, $56,262 to line item 3000-DPW Personal Services and$23,738 to line item 3000-DPW Expenses." Mr. Hamburger explained the intent is to make clear the entire $225,999 for Lexpress is at risk and that this is a bookkeeping change to make it clear what is to happen if the override doesn't pass. 9:20 p.m. Nyles Barnert,pr.4, questioned Town Counsel on the wording "appropriated". 9:21 p.m. Loretta Porter,pr.9, questioned contingency allotment for chair-car services. Paul Hamburger explained there was no funding added. 9:23 p.m. Following a voice vote,the AMENDMENT was declared ADOPTED. 9:23 p.m. Following a voice vote on the question, as amended,the Moderator declared Line Item 3600 of Article 4 ADOPTED AS AMENDED. Article 25: USE OF FUNDS TO REDUCE TAX RATE 9:23 p.m. Presented by Selectman Jeanne Krieger. MOTION: That the sum of$846,123 be appropriated to reduce the tax levy for the fiscal year beginning July 1, 2000, and that such amount be transferred from the Unreserved Fund Balance. 9:23 p.m. Selectman Jeanne Krieger reported the Board of Selectmen's unanimous support of the motion. 9:24 p.m. Paul Hamburger reported the Appropriation Committee's unanimous support of the motion. 9:25 p.m. Following a voice vote,the Moderator declared the MOTION ADOPTED. 9:25 p.m. Selectman Jeanne Krieger reported the Board of Selectmen this evening voted to set the Proposition 2 V2 override vote for Monday, May 22, 2000. 9.26 p.m. Selectman Jeanne Krieger moved the 2000 Annual Town Meeting be dissolved. Following a UNANIMOUS voice vote, Moderator Margery M. Battin declared the 2000 Annual Town Meeting DISSOLVED. A true copy. Attest: N ; r • Donna M. Hooper, To Clerk Special Town Election 9‘.1ay 22, 2000 WARRANT FOR TOWN ELECTION — (SEE WARRANT FILE) SPECIAL TOWN ELECTION —MONDAY, MAY 22, 2000 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Monday, May 22, 2000, at 7'00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Jonas Clarke Middle School; Precinct Four, Lexington Senior High School; Precinct Five, Fiske School; Precinct Six, William Diamond Middle School; Precinct Seven, Joseph Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, Maria Hastings School The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two U Judith Marcus Warden U Duncan MacQueen D Margaret Blouin, Co-Warden, Clerk U Dorothy Bond D Robert Blouin Inspector D Donna Alexson U Francis Coscia Inspector U Alice Jones U Margaret Kelly Inspector U Cecil Jones D George McCormack Inspector R David Kanter D Eileen McAlduff Inspector U Marjorie McNicholas U Doris Pemberton Inspector U Clifford Pehrson U Richard Pemberton Inspector D Robert Tracey U Martha Shurtleff Inspector D Bernice Weiss Co-Clerk Precinct Three Precinct Four U Marjorie Modoono Warden D Gulli Kula U Alice Hopkins Clerk R Richard Crawford D Rita Casey nspector R Beverly Aker R Lillian Drury nspector R Doris Berkstresser U Helen Euart nspector U Mary Devoe D Marcia Flint nspector D Elizabeth Fleming D Katherine Marotto nspector R Raymond Flynn D Ephraim Weiss nspector U Dana Regillo U Laura Welby nspector U Eleanor Smith nspector U Gladys Snyder Precinct Five Precinct Six D Eric Kula Warden R Dorothy Boggia U Grace Ayers Clerk D Mary Casey U Faith Fenske Inspector R Shirley Bullock R Dorothy Gauthier Inspector D Katherine Geanacopulos R Nicholas Hay Inspector R Barbara Simmons D Lucy Simeone Inspector R William Simmons U Alice Stringos Inspector R Burton Smith D Priscilla Winter Inspector Precinct Seven Precinct Eight U A. Estelle Szalajeski Warden U Leo Chudigian U Bernice Gerrig Clerk R Judith Chudigian D Mary Ayvazian Inspector R Elizabeth Adam R Doris Barclay Inspector R Elinor Bettencourt R Isabelle Bennett Inspector D Catherine F Jones D Mildred Collentro Inspector U Kenneth MacWilliams U Sylvia Haroules Inspector D Phyllis Richardson D Edna Holloran Inspector D Linda Schauman D Edna Holloran Inspector Harriet Morrison Inspector Precinct Nine U Clark Schuler Warden R Carole Scalise Clerk U Carole Butler Inspector R Robert Edwards R Shirley Know Inspector D Edith Paster D Catherine Rego Inspector U Judith Schuler ,Special Town Election May 22, 2000 ti '-'83 The election officers were sworn to the faithful performance of their duties. j The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice, the polls were declared closed. The total number of registered voters in each precinct eligible to vote as of May 2, 2000 is as follows: Precinct Registered Democrat Libertarian Republican Unenrolled Other Voters 1 1936 777 2 311 843 3 2 2336 1095 1 296 940 4 3 2473 960 0 1 434 1076 3 4 2421 1027 1 1 366 1026 1 L . 5 2330 908 3 497 920 1 2 6 2484 1034 6 443 997 I 4 7 2234 923 3 370 933 1 5 8 2333 912 3 417 1000 1 9 2150 796 8 320 1026 0 1 Totals 20697 8432 27 3454 8761 1 23 P 1-3 Inter 3'd Party; P.2—3 Inter 3'" Party, 1 Reform; P 3 — 12 Inter 3" Party, 2 Socialist; P 4 — 1 Inter. 3rd Party; P 5 —1 Inter 3`d Party, 1 Reform; P 6 — 1 Inter 3`d Party, 2 Socialist, 1 Reform; P 7—1 Green Party USA, 2 Inter 3'd Party, 1 Reform, 1 Rainbow Coalition; P 8—1 Green Party USA. Election results were delivered to the Town Clerk at the Town Office Building 41% of the registered voters cast their vote. The Town Clerk canvassed the results as follows: ABSENTEE BALLOT BREAKDOWN Ballots Ballots Ballots Applications Timely Returned Rejected/ Ballots Pct Processed Returned Late Surrendered Counted 1 24 22 1 - 22 2 37 34 - - 34 3 77 I 64 - 2 64 � 4 91 I 78 1 78 r—_ 5 47 I 45 - - 45 6 76 I 59 1 4 59 � 7 49 I 44 - - 44 L— I 8 26 23 - 1 23 9 30 26 - - 26 Totals 457 I 395 3 7 395 1 1 1 1Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Notal Registered Voters 1 1936 2336 2473 24211 2330 2484 2234 2333 21501 20697 Notal Votes 1 735 1042 888 10671 878 1118 969 10411 7661 8504 'Percent 1 ' 1 38%1 45% 36%I 44%I 38%1 45%1 43%1 45%I 36%I 41% QUESTION#1:Shall the Town of Lexington be allowed to assess an a iditional $3,440,829 in real estate and personal property taxes for the purposes of the Police Department, Fire Department, School Department, Public Works Department, Planning Department, Lexpress, Library, Youth Services, Inspectional Services, and services provided by the Town Clerk's, Selectmen's and Town Manager's Offices for the Fiscal Year beginning July First, Two Thousand? Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL 'QUESTION#1 YES 416 732 563 737 505 708 627 703 411 5402 — NO 3151 3061 323 3251 3711 4051 3351 3331 3451 3058 BLANKS 41 41 21 51 21 51 71 51 101 44 -' 1 1 1 1 1 1 1 1 1 I 1 TOTAL 7351 10421 8881 10671 8781 11181 9691 10411 7661 8504 A true copy J Attest: ° ' Donna M. Hooper, Town CI--rk 584 (Warrant for 11Fosidential Primary—See WARRANT FILE) STATE PRIMARY TUESDAY,SEPTEMBER 19,2000 In pursuance of the foregoing warrant the legal voters of the Town of Lexington met in their respective voting places in said Town of Lexington on Tuesday, September 19, 2000 at 7:00 a.m. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman School; Precinct Three, Clarke Middle School; Precinct Four, Bridge School; Precinct Five, Fiske School; Precinct Six, Diamond Middle School; Precinct Seven, Estabrook School, Precinct Eight, Fire Headquarters -� Building; Precinct Nine, Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two U Judith Marcus Warden D Gerald Abegg D Margaret Blouin Clerk U Dorothy Bond D Robert Blouin Inspector D Donna Alexson-am U Bessie Ezekiel-pm Inspector D Rebecca Fagan-pm U Margaret Kelly Inspector R Nicholas Hay U Lillian MacArthur-am Inspector U Donna Keane - am D Eileen McAlduff-pm Inspector D Thomas Montanari -am U Doris Pemberton Inspector U Marjorie McNicholas U Richard Pemberton Inspector U Clif:3rd Pehrson U Martha Shurtleff Inspector D Priscilla Winter D Bernice Weiss-am Inspector Precinct Three Precinct Four U Marjorie Modoono Warden D Gulli Kula U/R Alice Hopkins/David Kanter pm Clerk R Richard Crawford D Rita Casey Inspector R Doris Berkstresser U Lillian Drury Inspector U Mary Devoe U Marcia Flint Inspector U Elizabeth Fleming-am D M. Elinor Greenway Inspector R Raymond Flynn-pm D Katherine Marotto -pm Inspector R Marilyn Ford-am D Elizabeth McLaughlin Inspector D Judith O'Leary-am D Robert Tracey- am Inspector R Marian Powell -pm U Laura Welby-pm Inspector R Dana Regillo Inspector U Eleanor Smith Inspector R Gladys Snyder-pm Precinct Five Precinct Six D Eric Kula Warden R Dorothy Boggia U Grace Ayers Clerk D Mary Casey R Hazel Allison- am Inspector R Shirley Bullock D Henry Beerman-pm Inspector U Francis Coscia U Faith Fenske Inspector U Alla Fedus R Dorothy Gauthier-pm Inspector D Katherine Geanacopulos R Alice Jones -am Inspector U Harriet Morrison D Cecil Jones - am Inspector R Barbara Simmons D George McCormack-pm Inspector R William Simmons D Elizabeth Patrician-am Inspector R Burton Smith U Alice Stringos Inspector D Martha Zani Inspector September 19,2000 State Primary, cont..... 586 Precinct Seven Precinct Eight U A. Estelle Szalajeski Warden U Leo Chudigian U Bernice Gerrig Clerk R Judith Chudigian D Mary Ayvazian Inspector U Claire Abernathy R Isabelle Bennett Inspector R Elinor Bettencourt D Mildred Collentro Inspector D Catherine Jones R Robert Edwards Inspector D Donald Lund-am R Robert Foster-am Inspector U Kenneth MacWilliams D Hazel Graham Inspector D MaryAnn McKenna-pm D Robert Greenway Inspector D Phyllis Richardson-am D Edna Holloran Inspector R E. Ashley Rooney -am R Paula Power-pm Inspector Precinct Nine U Clark Schuler Warden R Carole Scalise Clerk D Carole Butler Inspector D Catherine Rego R Shirley Knox Inspector D Robert Ryan R Janet Lowther Inspector U Judith Schuler , D Edith Paster-pm Inspector U Anne Taylor- am D Althea Phillips Inspector The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice,the polls were declared closed. The total number of registered voters in each precinct eligible to vote as of August 30, 2000 is as follows: i Precinct Registered Democrat Libertarian Republican Unenrolled Other r-- Voters 1 1957 776 2 316 859 4 2 2334 1091 1 295 943 4 3 2505 973 - 422 1107 3 4 2450 1031 1 364 1053 1 5 2361 911 4 492 952 2 6 2504 1046 6 434 1014 4 7 2235 923 1 370 936 5 8 2355 920 3 416 1015 1 9 2149 791 8 319 1030 1 Totals 20850 8462 26 3428 8909 25 P 1-4 Inter 3`d Party; P.2—3 Inter 3`d Party, 1 Reform; P.3— 1 Inter 3`a Party,2 Socialist;P 4— 1 Inter 3`d Party;P.5—1 Inter 3`d Party, 1 Reform;P.6—1 Inter 3`a Party, 2 Socialist, 1 Reform,P 7— 1 Green Party USA, 2 Inter.3`I Party, 1 Reform, 1 Rainbow Coalition,P.8—1 Green Party USA;P.9- 1 Green Party USA Recap sheets were delivered to the Town Clerk at the Town Office Building. 1 8.8%of the registered voters cast their vote. The Town Clerk canvassed the results: I Precinct Democrat Libertarian Republican Total Voted 1 129 2 37 168 2 206 0 21 227 3 192 1 45 238 4 171 0 36 207 5 134 1 42 177 E, 6 169 4 62 235 7 162 2 31 195 8 181 0 47 228 9 130 1 39 170 Totals 1474 11 360 1845 n r, September 19,2000 State Primary, cont..... ABSENTEE BALLOT BREAKDOWN Precinct Applications Processed Ballots Ballots Ballots Ballots Counted Timely Returned Rejected Returned Late DEM LIB REP DEM LIB REP I 1 5 0 2 3 1 0 3 0 0 2 15 0 2 12 0 0 11 0 1 3 22 0 14 19 0 0 14 0 5 4 36 0 15 17 1 0 15 0 2 5 5 0 6 8 0 0 3 0 5 6 24 0 5 13 2 0 11 0 2 7 6 0 9 4 0 0 3 0 1 8 18 0 5 14 0 0 10 0 4 9 8 0 1 4 1 0 4 0 0 Totals 198 0 59 94 5 0 74 0 20 DEMOCRATIC PARTY BALLOT Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Registered Voters 1957 2334 2505 2450 2361 2504 2235 2355 2149 20850 Total Votes Cast 129 206 192 171 134 169 162 181 130 1474 Percent 07 .09 .08 07 06 .07 07 .08 .06 07 Total Registered Democrats 776 1091 973 1031 911 1046 923 920 791 8462 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SENATOR IN CONGRESS EDWARD M KENNEDY 114 184 170 156 120 147 148 155 116 1310 CARLA HOWELL 1 1 EDWARD KING 1 1 DAVE NEEDHAM 1 1 1 ALL OTHERS 2 1 1 n BLANKS 13 21 22 14 14 2' 12 26 14 157 REPRESENTATIVE IN CONGRESS-7`h Dist. EDWARD J MARKEY 112 181 170 152 112 145 144 150 115 1281 CARLA HOWELL 1 1 ALL OTHERS 1 3 1 1 6 BLANKS 16 25 22 16 22 23 16 31 15 186 COUNCILLOR ' Sixth District(1,5,6,7) MICHAEL J 90 91 100 103 384 CALLAHAN DOROTHY KELLY GAY 1 1 RUTH NEMZOFF 1 1 ALL OTHERS 1 1 2 BLANKS 38 42 69 57 206 COUNCILLOR Third District (2,3,4,8.9) ' MARILYN M. PETITTO 78 59 63 74 47 321 DEVANEY ,--. RUTH E NEMZOFF 80 87 67 64 61 35) BLANKS 48 46 41, 43 22 200 SENATOR IN GENERAL COURT Fourth Middlesex(1,5,6,7) ROBERT A. HAVERN in 104 100 123 119 446 ILANA FREEDMAN 1 12 JAY KAUFMAN 2 2 ALL OTHERS 12 3 BLANKS 23 34 41 43 - 141 T September 19,2000 State Primary, cont..... 587 ;Pet 1. Pct 2 Pct 3 Pct 4 Pet I'd:6: _Pct 7 Pct 8 Pct 9 TOTAL SENATOR IN GENERAL ,>,-- °-"3 ; " COURT I Fifth Middlesex(2,3,4,8,9) SUSAN C. FARGO 173 165 149 154 108 749 DORIS GOODWIN 1 - 1 JAY KAUFMAN 1 1 BLANKS 31 27 22 27 22 129 , REPRESENTATIVE IN GENERAL COURT ^� Fifteenth Middlesex District JAY R. KAUFMAN 99 176 167 150 104 143 136 149 115 1239 ALL OTHERS 2 2 3 2 1 1 11 BLANKS 28 28 22 21 30 24 25 31 15 224 CLERK OF COURTS , EDWARD J. SULLIVAN 74 102 94 83 65 84 80 98 54 734 DENNIS MICHAEL 24 48 42 45 35 42 43 44 43 366 SULLIVAN ALL OTHERS 1 1 2 1 5 BLANKS 31 55 55 41 34 43 38 39 33 369 REGISTER OF DEEDS EUGENE C.BRUNE 88 129 114 112 89 109 104 117 88 950 ALL OTHERS 1 1 1 3 BLANKS 40 77 77 59 45 59 58 64 42 521 REGISTER OF PROBATE DEAN J BRUNO 4 3 5 2 3 2 0 5 5 29 JOHN R. BUONOMO 15 14 19 13 10 5 16 9 6 107 THOMAS B 19 33 38 28 19 38 35 29 20 259 CONCANNON,JR. r--- TARA 11 9 15 16 11 8 9 13 11 103 DECHRISTOFARO FRANCIS X. 32 32 23 22 19 26 25 28 26 233 FLAHERTY MELISSA J. HURLEY 13 40 26 33 26 39 28 26 20 251 ROBERT WESLEY 1 3 4 1 4 3 3 8 5 32 KEOUGH L. PAUL LUCERO 3 5 6 5 4 5 6 9 5 48 ED MCMAHON 3 13 3 3 5 2 1 2 4 36 1 0 1 0 2 0 0 0 0 4 BLANKS 27 54 52 48 31 41 39 52 28 372 LIBERTARIAN PARTY BALLOT Pct 1 Pet 2 Pct 3 Pct 4 Pet 5 Pet 6 Pct 7 Pct 8 Pet 9 TOTAL Total Registered Voters 1957 2334 2505 2450 2361 2504 2235 2355 2149 20850 j Total Votes Cast 2 0 1 0 1 4 2 0 1 11 Percent .0 .0 .0 .0 .0 0 .0 .0 .0 .0 Total Registered Libertarians 2 1 0 1 4 6 1 3 8 26 Pct 1 Pct 2 Pct 3 Pct 4 Pet 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL — SENATOR IN CONGRESS L-____' CARLA A. HOWELL 2 1 1 4 2 1 11 BLANKS 0 0 0 0 0 0 0 0 REPRESENTATIVE IN CONGRESS-7"'Dist ALL OTHERS 1 1 BLANKS 2 1 1 4 1 1 10 P 2 September 19, 2000 State Primary, cont..... Pct 1 .Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL COUNCILLOR Sixth District(1,5,6,7) BLANKS 2 1 4 2 9 COUNCILLOR Third District (2,3,4,8.9) BLANKS 1 1 2 SENATOR IN GENERAL COURT Fourth Middlesex(1,5,6,7) ILANA FREEDMAN 2 1 3 1 7 BLANKS 0 , -. 0 1 1 2 SENATOR IN GENERAL COURT Fifth Middlesex(2,3,4,8,9) BLANKS 1 1 2 REPRESENTATIVE IN GENERAL COURT Fifteenth Middlesex District BLANKS 2 1 1 4 2 1 11 CLERK OF COURTS ED SULLIVAN 1 1 BLANKS 2 0 1 4 2 1 10 REGISTER OF DEEDS GENE BRUNE 1 1 BLANKS 2 0 1 4 2 1 10 REGISTER OF PROBATE THOMAS CONCANNON 1 1 BLANKS 2 0 1 2 1 10 REPUBLICAN PARTY BALLOT Pct 1 Pet 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL Total Registered Voters 1957 2334 2505 2450 2361 2504 2235 2355 2149 20850 Total-Votes Cast 37 21 45 36 42 62 31 47 39 360 Percent 02 .01 .02 01 .02 .02 .01 .02 .02 .02 Total Registered Republicans 316 295 422 364 492 434 370 416 319 3428 Pct 1 Pct 2 Pct 3 Pet 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL SENATOR IN CONGRESS JACK E. ROBINSON 21 15 25 24 31 32 13 27 27 215 EDWARD KENNEDY 1 1 2 CARLA HOWELL 1 3 1 2 7 ALL OTHERS 3 3 BLANKS 16 6 19 12 11 26 15 19 9 133 September 19,2000 State Primary, cont..... 569 Pct 1 Pct 2 Pct 3 Pct 4 Pct 5 Pct 6 Pct 7 Pct 8 Pct 9 TOTAL REPRESENTATIVE IN CONGRESS-7`h Dist ALL OTHERS 1 1 1 1 2 6 BLANKS 36 21 44 36 42 61 31 46 37 354 COUNCILLOR Sixth District(1,5,6,7) BLANKS 37 42 62 31 172 COUNCILLOR Third District (2,3,4,8.9) RUTH NEMZOFF • ' 1 1 ALL OTHERS 1 2 3 BLANKS ; 3. 21 44 34 `w R-x°' 47 38 184 SENATOR IN GENERAL COURT Fourth Middlesex(1,5,6,7) BLANKS 37 -= 42 62 31 172 SENATOR IN GENERAL COURT Fifth Middlesex(2,3,4,8,9) ANDREW B.PRYOR 19 39 33 38 32 161 BLANKS 2 6 3 9 7 27 REPRESENTATIVE IN GENERAL COURT Fifteenth Middlesex District ALL OTHERS 1 2 3 BLANKS 37 21 45 36 42 61 31 47 37 357 CLERK OF COURTS ALL OTHERS 2 1 3 BLANKS 37 21 43 36 42 62 31 47 38 357 REGISTER OF DEEDS ALL OTHERS 1 1 BLANKS 37 21 44 36 42 62 31 47 39 359 REGISTER OF PROBATE LEE JOHNSON 31 17 38 28 32 42 23 40 30 281 ALL OTHERS 1 1 BLANKS 6 4 6 8 10 20 8 7 9 78 r—I A true copy. Attest: d'11MI ► • .:, Donna M. Hooper, Tom Clerk r f1 Jonathan Lederman, 15 Drummer Boy Way, resigned as a Town Meeting Member from Precinct Seven effective May 30, 2000 as he removed from Lexington. Mr. Lederman's unexpired term ending March 2002 will be filled at the next Annual Town Election. Clark A. Cowen, 104 Fifer Lane, resigned as a Town Meeting Member from Precinct Seven effective May 12, 2000 as he removed from Lexington. Mr. Cowen's term expires in March 2001. Francis Busa, 42 Lowell Street, resigned as a Town Meeting Member from Precinct One effective November 15, 2000 as he removed from Lexington. Mr. Busa's unexpired term ending March 2002 will be filled at the next Annual Town Election. Frederick L. Merrill, Jr. , 22 Downing Road, resigned from the Planning Board effective September 13, 2000. Mr. Merrill's unexpired term, ending March 2004, will be filled by Board of Selectmen appointment until the March 2001 Annual Town Election. Sara B. Chase, 1 Grassland Street, was appointed by the Board of Selectmen at the August 14, 2000 meeting of the Board of Selectmen, to fill the vacancy created by the resignation of Frederick L. Merrill on the Planning Board. Ms. Chase will serve until the 2001 Annual Town Election. I