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HomeMy WebLinkAbout1994-03-07- to 1994-04-13ATM-min 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. A moment of silence was observed in memory of longtime 1 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. 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 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 Postponed 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. 8:45 p.m. Daniel Busa, Jr. , Board of Selectmen, stated approval. 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. (ANNUAL TOWN MEETING, CONT. - MARCH 21, 1994 ) , 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 and install water gates in such accepted or Wopted 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 $390,000 for such installation and lining and land acquisition; and to raise such amount $390,000 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. 8:47 p.m. Presented by Selectman Eddison. 8:52 p.m. George Burnell, Appropriation Committee, stated support. 8:52 p.m. Ronald Grammont, Capital Expenditures Committee, stated approval. Following a voice vote at 8:52 p.m. , the Moderator declared unanimous adoption of the motion. 'Notice of Reconsideration on Article 8 was served by Michael Schroeder at 8:57 p.m. ARTICLE 10 SANITARY SEWERS/HAYDEN AVENUE PUMP STATION 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 klopted otherwise, in accordance with Chapter 504 of P. 102 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 $320,000 and to raise such amount $320,000 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. 8:52 p.m. Presented by Selectman Eddison. 8:55 p.m. George Burnell, Appropriation Committee, stated approval. 8:55 p.m. Ronald Grammont, Capital Expenditures Committee, stated approval. 8:56 p.m. Notice of Reconsideration on Articles 7 and 8 was served by Michael Schroeder, P9, who also spoke against Article 10. 1•2 (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 Ldopted 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; Aidopted 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. 113 (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. 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 Postponed 9: 16 p.m. Presented by Donald Chisholm, Recreation 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 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 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. 1 (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 motionshould 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. / ARTICLE 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. 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 due on 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. 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. 1 (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 words: "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 1 6 13 2 8 11 3 10 5 4 2 12 5 9 9 6 9 7 7 5 13 8 5 11 9 3 13 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: Bernice H. Fallick, Town Clerk Yr Y fi 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, publiclace or any y private property of another. Accepted by This section shall not apply to a guide dog accompanying Attorneyeneralany 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. 1•9 (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. 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. 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 fora 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 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 that a majority of the School Committee opposed the article. Following a voice vote at 10:12 p.m. , the Moderator declared the motion not adopted. iii (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. Following a voice vote at 10:13 p.m. , the Moderator declared the meeting to be adjourned. A true copy. Attest: -AG Bernice H. Fallick, Town Clerk :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. Attest /1-4 Bernice H. Fallick, Town Clerk 11.4 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 35,430 , Debt Service 2210 Payment on Funded Debt 1,582,250 ' 2220 Interest on Funded Debt 443,208, 2230 Temporary Borrowing 75,000 - 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 sufficient members in favor of a rollcall vote. 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, Pl, moved that debate be extended for an additional 15 minutes. Following a voice vote, the Moderator declared extension. 11.4. (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 2 2 19 1 1 2 3 20 1 2 4 19 0 2 5 19 0 2 6 20 1 2 7 15 4 2 8 17 1 3 9 16 3 1 1 2 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 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 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 11: (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 4, 1994) PRECINCT 5 Marsha F. Byrnes X Steven Colangelo X 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 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 1 Martha C. Wood X 119 (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 4, 1994) PRECINCT 8 Richard H. Battin X 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 Stephen W. Doran X Bernice H. Fallick X Dan H. Fenn, Jr. X Leo P. McSweeney : .Y 4..>-...✓'.f...t:,_:'.y 1....,➢Y':.:...L.-i.-.v.n .x Ie..,E. ',.,a, a,.,<:t ,.,<s,;:.5. ., , 1 i, i.l 1 } leb) (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 4, 1994) 10:34 p.m. The Moderator declared adoption of the motion. 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: 77‘64,4 Bernice H. Fallick, Town Clerk JL 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. , inCary 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: /MOTION: 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 95,000 122 (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 6, 1994) Community Services 3000 DPW Personal Services 2,789,951 - (Of which $257,149 is to be transferred from the Water Enterprise Fund, $64,287 is to be 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 $200,975is 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. 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 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- (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 6, 19911 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 ,702, 7200 Planning Personal Services 131,639 , 7210 Planning Expenses 6,608 ' Executive 8110 Selectmen Personal Services 34,006 , (Of which $1,793dis to be transferred from the Water Enterprise Fund and $4481 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 $8,298is 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 1 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 $12,141is 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 $646 is to be transferred from the Sewer Enterprise Fund. ) 8330 Assessors Expenses 3,778- 8340 Data Processing Expenses 50,075 ' (Of which $12,018is 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 1,825W 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 6t 1994) MOTION: I move the following substitute motion under Article 9: 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. 1215 (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: 4a 41 -14-41 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. 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. 12 (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. 9:15 p.m. Joseph Dini , School Committee, stated 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. 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 (ADJOURNED SESSION, A.T.M. , 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. VARTICLE 17 BROOK CLEANING MOTION: that this article be indefinitely postponed. Mrs. Miller explained. Indefinitely 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 .- '� '..;i t -.3 a.n"r ..a ii•:i .r j,._i.r fl :.- ..._.r:.. ;r!:..--. .s n_«:,. ua..:is,. -i?.:„ .... .,....... .... ....., ......... 134 (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 A,, 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. inn"d"irvi-liodweedllb,utRel-ciErelahtiiirnosiriellCfoinillinidtitceaet,edreEpnolir3ItNexdr[.t 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 was. Committee 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, 730 is 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. Discussion for and against continued. (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. , 30 (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: To see if the Town will vote to accept a portion of a 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 13A (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 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 p.m. William Welch, P2, moved the question. Following a voice vote at 10:46 p.m. , the Moderator declared that the question was not before the meeting. 10:47 p.m. Selectman 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: /377(1 (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. 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 ( E v e 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 185 (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 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. ."- 134 (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: /2 4-- Bernice H. Fallick, Town Clerk