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HomeMy WebLinkAbout2000-03-27 to 2000-04-10 ATM-min 2000 ANNUAL TOWN MEETING March 27, 2000 The first 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 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 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. 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 p.m. Jonathan Lederman, pr.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. 1200 Minuteman Regional School 811,455 2000 Annual Town Meeting—March 27, 2000 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 funding 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 Operating Articles 2310 Reserve Fund 150,000 2000 Annual Town Meeting—March 27, 2000 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 April 10, 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. 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 2000 Annual Town Meeting-March 27, 2000 (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 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.) 2000 Annual Town Meeting—March 27, 2000 (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 $21,632 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.) 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. 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. 2000 Annual Town Meeting—March 27, 2000 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. Attest: Donna M. Hooper, Town Clerk 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 Muzzey 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 ofthe 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 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. 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)(11). 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 (b) Public Works Equipment- $187,000 and that$47,000 be raised in 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). 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 Barnert, 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. Barnert 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 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. 9:51 p.m. Martin Long, pr.6, moved to postpone Article 8 a(ii) until April 3'd when the School Committee will have addressed the land availability issue. 2000 Annual Town Meeting—March 29, 2000 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. 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. 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 2000 Annual Town Meeting—March 29, 2000 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 explained 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. 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. 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 2000 Annual Town Meeting—March 29, 2000 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 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 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. 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 Clerk 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. To see if the Town will vote to amend paragraph one of Section 5 of Article XIII of the General By-Laws to read as follows: "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. To see if the Town will vote to amend Section 13 of Article VI of the General By-Laws to read as follows: "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. 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. 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. 2000 Annual Town Meeting April 10, 2000 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 1/2 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.) 9:17 p.m. Mr. Hamburger moved to amend the motion passed on March 27, 2000, by 2000 Annual Town Meeting April 10, 2000 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 1/2 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: Donna M. Hooper, Town Clerk 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. Battin, 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 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 has already been completed by the COA. 8:51 p.m. Following a voice vote on the amendment, the Moderator declared the Amendment ADOPTED. 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. 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 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 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. 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. 9:54 p.m. Mrs. DiGiammarino explained the components of the request. 2000 Annual Town Meeting April 3, 2000 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 the 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. 10:13 p.m. Paul Hamburger reported the Appropriation Committee's unanimous support. 2000 Annual Town Meeting April 3, 2000 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. 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. Proposed Changes to Fine Schedule for Article 19 of Town Warrant, 2000 Regulation Subject First Offense Second Offense TBD Dumpsters $100 $200 10:17 p.m. Martha Wood explained the fines are being updated and become part of the non-criminal disposition process. 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. Mrs. Uhrig questioned how the fine amounts were derived and her wish that the fines were greater for repeat offenders. 10:20 p.m. Ephraim Weiss,pr.5, stated his reluctance to vote on an article without seeing the document on file at the Town Clerk's office. 2000 Annual Town Meeting April 3, 2000 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. ARTICLE 21: ACCEPT CHAPTER 41; SECTION 100G 1/4 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: Donna M. Hooper, Town Clerk 7 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 p g September 6, 2000 The Committee shall nor to each annual town meetin 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 A.ty. 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. 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. 7,a' 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 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 21/2 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. 1 Attest: a + . Donna M. Hooper, To Clerk