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.
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(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.
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(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.
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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.
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-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.
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(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.
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(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
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(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.
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(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.
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(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