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HomeMy WebLinkAbout1995-03-06- to 1995-05-01-ATM-min 1995 ANNUAL TOWN MEETING - MARCH 27, 1995 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall. A quorum was present. The invocation was given by Reverend Alfred Mattes. A moment of silence was observed in memory of members Ruth Morey, Levi Burnell, Bob Hargrove, Roberta Black. 8:10 p.m. The Moderator declared a recess while State Representative Jay Kaufman honored the National Merit Scholars. 8:15 p.m. The Moderator called the Meeting to order. 8:12 p.m. Town Clerk, Bernice Fallick, read the Town Warrant until waived and the Constable's Return. 8:15 p.m. The Moderator outlined procedures and conduct of the Meeting. ARTICLE 2 REPORTS OF COMMITTEES 8:24 p.m. Nicholas Cannalonga moved that the report of the Capital Expenditures Committee be accepted and placed on file. Following a voice vote at 8:25 p.m. , the Moderator declared the report to have been accepted and placed on file. 8:25 p.m. William Dailey, Jr. , moved that the report of the Cary Lectures Committee be accepted and placed on file and the Committee be discharged. Bonnie Meek of the Committee presented the report. Following a voice vote at 8:25 p.m. , the Moderator declared the report to have been accepted and placed on file. 8:29 p.m. Selectman Dailey moved that the report of the Town Manager be accepted and placed on file. Following a voice vote at 8:29 p.m. , the Moderator declared the report to have been accepted and placed on file. - 8:29 p.m. Marshall Derby presented a report for Lexhab. ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES MOTION: That a committee of three be appointed by the Adopted Moderator to have the charge of the lectures under the wills of Eliza Cary Farnham and Suzanna E. Cary for the current year. 8:33 p.m. Presented by Selectman Dailey. Following a voice vote at 8:33 p.m. , the Moderator declared unanimous adoption of the motion. 5,011 (MATOURNED SESEION, A.T.M. , CONT. - MARCH 27, 1995) 8:34 p.m. Paul Lapointe moved that the following Articles be brought up sequentially on April 10: 4, 5, 8, 9, 10, 11 , 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 34. Following a voice vote at 8:34 p.m. , the Moderator declared unanimous adoption of the motion. ARTICLE 6 PRIOR YEARS' UNPAID BILLS Indefinitely MOTION: That this article be indefinitely postponed. Postponed 8:34 p.m. Presented by Selectman Dailey. Following a voice vote at 8:34 p.m. , the Moderator declared adoption of the motion. ARTICLE 7 SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED CAPITAL IMPROVEMENT PROJECTS Indefinitely MOTION: That this article be indefinitely postponed. Postponed 8:35 p.m. Presented by Selectman Dailey. Following a voice vote at 8:35 p.m. , the Moderator declared adoption of the motion. ARTICLE 22 ACCEPTANCE OF MGL, CHAPTER 40; §42J Adopted MOTION: That the Town accept Section 42J of Chapter 40 of the Massachusetts General Laws. 8:35 p.m. Presented by Selectman Busa who explained that this allows for deferral of water charges to an owner who is already receiving a deferral from property taxes on the same property, who is at least 65 years old, and whose income does not exceed $40,000. There is an 8% interest charged and a lien placed on the property. Following a voice vote at 8:37 p.m. , the Moderator declared unanimous adoption of the motion. ARTICLE 23 ACCEPTANCE OF MGL, CHAPTER 83; §16G Adopted MOTION: That the Town accept Section 16G of Chapter 83 of the Massachusetts General Laws. 8:37 p.m. Presented by Selectman Busa who explained that this allows for deferral of sewer charges to an owner who is already receiving a deferral from property taxes on the same property, who is at least 65 years old, nd whose income does not exceed $40,000. There is an 8% interest charged and a lien placed on the property. Following a voice vote at 8:37 p.m. , the Moderator declared nanimous adopth,,, of ti)e, moL _c 1, 111" • (AWOURNED SESSION, A.T.M., CONT. - MARCH 27, 1995) ARTICLE 24 LAND TRANSFER MOTION: A. That the care, custody, management and control of parcels (c) and (d) described in this article and no longer needed by the School Department be transferred to the Board of Selectmen for conservation and recreation purposes. B. That the Conservation Commission be Postponed authorized to purchase or otherwise acquire, See p.160 and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, and that the Selectmen be authorized to transfer for conservation purposes and for recreational uses as approved by the Recreation Committee any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of parcels (a) , (b) , (c) , (d) and (e) described in this article, except that (i) with respect to parcel (c) , the Selectmen shall retain under their jurisdiction the area delineated on the plan filed with the Town Clerk; and ( ii) with respect to parcel (d) , the Selectmen shall retain under their jurisdiction all but the 3.5 acre parcel delineated on the plan filed with the Town Clerk, and with respect to such 3.5 acre parcel the Selectmen be and they hereby are authorized to convey all or a portion of such parcel to Robert Cataldo in exchange for a parcel of land off Woburn Street and two parcels of land on Maple Street, all delineated on plans filed with the Town Clerk, which shall be conveyed to the Conservation Commission and which conveyance shall be on such other terms as the Selectmen may determine. 8:38 p.m. Presented by Selectman Fenn who asked that the Moderator recognize Joyce Miller, Conservation Commission. Mrs. Miller introduced the members of the Land Acmdsition Committee and Tom Sileo, who has a particular knowledge of Lexington conservation land which he shared with the Meeting. 8:57 p.m. Selectman Fenn stated unanimous approval of the Board. 8:58 p.m. Chairman Dini stated unanimous approval of the School Committee on the Sutherland turnover. 9:02 p.m. Chairman Davison stated unanimous approval of the Planning Board. 9:02 p.m. Chairman Chilshom stated majority support of the Recreation Committee. 9:11 p.m. Selectman Fenn responded that the option for future LexHAB options remains open. 153 (ADJOURNED-- SESSION, A.T.M. , CONT. - MARCH 27, 1995) There was discussion on the various parcels. 9:31 p.m. Richard Michelson, P8, offered the following: Motion: that the motion under Article 24 be Not adopted amended by striking the reference to parcel (e) . Following a voice vote at 9:32 p.m. , the Moderator declared the motion offered by Mr. Michelson not adopted. 9:34 p.m. Marita Hartshorn, P2, offered the following: Motion: that the motion under Article 24 be Withdrawn amended by striking the reference to parcel (b) . Considerable discussion followed as to specifics of each parcel and as to whether the motion could be divided and voted individually. 10:01 p.m. Mrs. Miller moved to postpone this article to Wednesday, March 29. 10:01 p.m. Mrs. Hartshorn stated her wish to withdraw her notion striking parcel (b) . After ascertaining that there were no objections to the withdrawal, the Moderator declared Mrs. Hartshorn's motion to have been withdrawn. Following a voice vote at 10:01 p.m. , the Moderator declared postponement as moved by Mrs. Miller. 10:03 p.m. Mrs. Davison moved to postpone Articles 25, 26, 27, 28, until after Article 33. Following a voice vote at 10:03 p.m. , the Moderator declared postponement. ARTICLE 29 GRAVE BOXES MOTION: That the Town permit the use of grave boxes Not adopted and burial vaults not purchased from the Town in the Town Cemeteries. 10:04 p.m. Presented by Evelyn Lees, P2, who asked that the Moderator recognize Byron Blanchard who spoke in favor as the proponent of this article. Following a voice vote at 10:13 p.m. , the Moderator declared the motion not adopted. ARTICLE 30 AMEND HISTORIC DISTRICT BOUNDARY MOTION: That the Selectmen be and they hereby are Not adopted authorized to petition the General Court for an Act tc, amo-1 ilapter •44 LL o, Notice of 1956 as amended to expand the Batt:Le Green Reconsiderati District to include Parker Street and Jackson did not Court. prevail 10:14 p.m. Presented by Ruth Thomas, P4, who asked the See p.189 Moderator to recognize Marilyn Fenollosa who spoke in favor as the proponent of this article. • (ADJOURNED sEsarew, A.T.M. , CONT. - MARCH 27, 1995) 10:24 p.m. Sally Zimmerman, preservation specialist, spoke in favor. John Davies, Planning Board, and former Historic Districts Commission member, also spoke in favor. Selectman Busa stated the majority of the Board were opposed and Selectman Eddison presented a minority report. Mrs. Davison stated that the Planning Board unanimously supported the article; Clark Griffith, Historic Districts Commission, stated unanimous support; David Kelland, Historical Commission, stated unanimous support; Elizabeth Whitman stated majority support of the Design Advisory Committee. Discussion continued from the Town Meeting members and interested citizens. 10:45 p.m. William Simmons, P6, moved the question. Following a voice vote as to whether the question should be put, the Moderator declared the motion offered by Mr. Simmons not to have passed and debate continued. 11:07 p.m. Fred Rosenberg, P9, moved the question. Following a voice vote as to whether the question should be put, the Moderator declared the motion offered by Mr. Rosenberg to have passed. Following a voice vote at 11:08 p.m. which was in doubt, the Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 8 9 2 6 8 3 5 9 4 9 6 5 8 11 6 11 7 7 11 8 8 9 9 9 6 10 At large 13 11 Totals 86 88 The Moderator declared the motion offered by Mrs. Thomas not to have been adopted. 11:13 p.m. Mrs. Thomas served Notice of Reconsideration on Article 30. 11:13 p.m. William Dailey, Jr. , Chairman of the Board of Selectmen, moved that the mPPtirr, nrlinurned until Wednesday. March 29, 1995, at 8:00 p,m, , in Cary Pail. Following a voice vote at 11:13 p.m. , the Moderator declared the meeting to be adjourned. A true copy. Attest: • 40111 Bernice H. Fallic , Town Clerk 161 ADJOURNED SESSION - 1995 ANNUAL TOWN MEETING MARCH 29, 1995 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall. A quorum was present. 8:00 p.m. The Moderator outlined procedures and protocol. ARTICLE 2 REPORTS 8:07 p.m. James Scanlon, Permanent Building Committee, moved that the report of the committee be accepted and placed on file. Following a voice vote at 8:07 p.m. , the Moderator declared the report to have been accepted and placed on file. 8:09 p.m. Jason Berger presented a verbal report for the Personnel Advisory Committee. ARTICLE 24 LAND TRANSFER 8:15 p.m. Selectman Fenn moved the following substitute motion under Article 24: A. With respect to parcel (a) described in this Adopted article, that the Conservation Commission be See p.161 authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, and that the Selectmen be authorized to transfer for conservation purposes and for recreational uses as approved by the Recreation Committee any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of such parcel. B. With respect to parcel (b) described in this Adopted article, that the Conservation Commission be See p.162 authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, and that the Selectmen be authorized to transfer for conservation purposes and for recreational uses as approved by the Recreation Committee any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of such parcel. C. With respect to parcel (c) described in this Adopted article, (i) 'that the care, custody, management, See p.163 and control of such parcel no longer needed by the School Department be transferred to the Board of Selectmen for conservation and recreation purposes, and (ii) that the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commisbion, and that. the SeieeLm-L authorized to transfer for conservation purposes and for recreational uses as approved by the Recreation Committee any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of such parcel, except that the Selectmen shall retain under their jurisdiction the area delineated on the plan filed with the Town Clerk. 161 _(ADJOURNED SESSION, A.T.M. , CONT. - MARCH 29, 1995) D. With respect to parcel (d) described in this Adopted as article, (i) that the care, custody, management, Amended and control of such parcel no longer needed by the See p.I63 School Department be transferred to the Board of Selectmen for conservation and recreation purposes, and ( ii) that the Selectmen shall retain under their jurisdiction all but the 3.5 acre parcel delineated on the plan filed with the Town Clerk, and with respect to such 3.5 acre parcel the Selectmen be and they hereby are authorized to convey all or a portion of such parcel to Robert Cataldo in exchange for a parcel of land off Woburn Street and two parcels of land on Maple Street, all delineated on plans filed with the Town Clerk, which shall be conveyed to the Conservation Commission and which conveyance shall be on such other terms as the Selectmen may determine. E. With respect to parcel (e) described in this Adopted article, that the Conservation Commission be See p.164 authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, and that the Selectmen be authorized to transfer for conservation purposes and for recreational uses as approved by the Recreation Committee any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of such parcel. The Moderator ruled that the motion could be divided for discussion and voting. Following a voice vote at 8:23 p.m. , the Moderator declared substitution to have been adopted. 8:25 p.m. Joyce Miller, Conservation Commission, presented information on Article 24, A, the Willards Woods parcel. 8:27 p.m. Ephraim Weiss, P5, rose for a point of personal privilege to apologize for comments made at a previous meeting. The following spoke in favor: David Williams, Land Acquisition Committee; David Kaufman, Steward for the Conservation parcel; Andrew Friedlich, for all six • Neighborhood Associations. Marshall Derby agreed to comment on all of the parcels for Lexhab. Following a voice vote at 9 p.m. , the Moderator declared unanimous adoption of Article 24, A. (Willards Woods) 8:46 p.m. Mrs. Miller continued with a presentation on Section B, the Meagherville parcel. Discussion continued pro and con. Mr. Derby stated Lexhab was not actively interested in this parcel. Mr. Chisholm outlined the Recreation Committee's intent to further develop the golf course. 9:14 p.m. Sheldon Spector, P6, moved the question. Following a voice vote at 9:14 p.m. which was not unanimous, the Moderator called for a standing vote which was tallied as follows: (ADJOURNED SESSION, A.T.M. , CONT. - MARCH 29, 1995) Precinct Yes No Abstain 1 7 9 2 9 7 3 7 5 4 16 0 5 14 4 6 16 2 7 17 2 8 17 0 9 15 3 At large 27 2 Totals 145 34 9:19 p.m. The Moderator declared adoption of Article 24, B. (Meagherville) 9:20 p.m. Mrs. Miller continued with Article 24, Section C, the Sutherland parcel. 9:20 p.m. Donald Jenkins, P8, moved to amend Section C: MOTION: To eliminate the following Not adopted words at the end of the motion: See p.163 "except that the Selectmen shall retain under their jurisdiction the area delineated on the plan filed with the Town Clerk." Discussion continued on the amendment offered by Mr. Jenkins. 9:29 p.m. Notice of Reconsideration on Article 24, B, was served by Dawn McKenna, P9. Following a voice vote at 9:31 p.m. which was in doubt, the Moderator called for a standing vote which was tallied as follows: 1443 (ADJOURNED SESSION, A.T.M. , CONT. - MARCH 29, 1995) Precinct Yes No Abstain 1 7 10 2 12 6 3 0 13 4 2 14 5 10 8 6 7 11 7 8 12 8 12 5 9 3 12 At large 3 23 Totals 64 114 9:36 p.m. The Moderator declared the amendment offered by Mr. Jenkins not to have passed. Following a voice vote at 9:37 p.m. , the Moderator declared unanimous adoption of Article 24, C. (Sutherland) 9:38 p.m. Mrs. Miller continued with Article 24, Section D, Marrett Road. David Williams, Land Acquisition Committee, gave the presentation. Mr. Derby stated the land being considered in the swap was not buildable. 9:55 p.m. Selectman Dailey made the following motion: MOTION: Part D of the substitute Adopted motion under Article 24 bg amended by deleting the words "conservation and recreation " and substituting therefor the word "municipal" Following a voice vote at 9:55 p.m. , the Moderator declared passage of the motion offered by Mr. Dailey. 10:01 p.m. Bruce Collier, P3, called the previous question. Following a voice vote at 10:01 p.m. as to whether the question should be put, the Moderator declared the question to be before the Meeting. Following a voice vote at 10:03 p.m. , the Moderator declared unanimous adoption of Article 24, D, as amended. (Marrett Road) 10:04 p.m. Notice of Reconsideration on Article 24, D, was served by Dawn McKenna, P9. 10:05 p.m. Mrs. Miller continued with Article 24, Section E, Worthen Road Corridor. Discussion followed. Following a voice vote at 10:08 p.m. which was not unanimous, the Moderator called for a standing vote which was tallied as follows: (ADJOURNED SESSION, A.T.M. , CONT. - MARCH 29, 1995) Precinct Yes No Abstain 1 19 0 2 13 1 3 11 3 4 16 0 5 15 3 6 16 2 7 19 0 8 14 4 9 14 2 At large 26 2 Totals 163 17 10:11 p.m. The Moderator declared adoption of Article 24, E. (Worthen Road Corridor) 10:11 p.m. Notice of Reconsideration on Article 24, E, was served by Dawn McKenna, P9. ARTICLE 31 GRANT AN EASEMENT MOTION: That the Selectmen be and they hereby are Adopted authorized to grant a permanent easement to the U.S. Air Force to construct and maintain a sewerage force main within Hartwell Avenue as described in the article for one dollar and on such other terms as the Selectmen may determine. 10:12 p.m. Presented by Selectman Dailey. Discussion and questions followed. Following a voice vote at 10:21 p.m. , the Moderator declared unanimous adoption of the motion. ARTICLE 32 SALE OF LAND TO ABUTTER MOTION: That this article be indefinitely postponed. Indefinitely Postponed 10:21p.m. p.m. Presented by Selectman Dailey. Following a voice vote at 10:21 p.m. , the Moderator declared unanimous adoption of the motion. ARTICLE 33 PETITION FOR AN ACT RELATING TO QUARTERLY TAX BILLS MOTION: That the Selectmen be and they hereby are Adopted. authorized to petition the General Court for an Act to authorize the Town to incorporate Proposition 2 1/2 override votes into the preliminary tax commitments for the ensuing fiscal year. 10:21 p.m. Presented by Selectman Dailey. Following a voice vote at 10:27 p.m. , the Moderator declared adoption of the motion. (ADJOURNED SESSION, A.T.M. , CONT. - MARCH 29, 1995) 10:28 p.m. Mrs. Davison moved to bring up Article 26 at this time. Following a voice vote at 10:28 p.m. , the Moderator declared Article 26 to be before the Meeting. ARTICLE 26 ZONING BY-LAW, SATELLITE DISH 10:29 p.m. Presented by Edmund Grant, Planning Board, who moved that the report of the Planning Board be accepted and placed on file. Following a voice vote at 10:29 p.m. , the Moderator declared the report to have been accepted and placed on file. MOTION: That the Zoning By-Law be amended as follows: In paragraph 5.7.2, Satellite Receiving Antenna; A. in subparagraph "a", in the existing second Adopted sentence by inserting the words "with a receiving dish with a diameter greater than 3 feet" after the words "satellite receiving antenna" so that the sentence, as amended, will read: "A satellite receiving antenna with a receiving dish with a diameter greater than 3 feet may not be erected in a residential district unless it is accessory to a residential or institutional use and it is located in a rear yard." B. in subparagraph "a", by inserting a new second sentence: "A satellite receiving antenna with a receiving dish with a diameter equal to or less than 3 feet may be installed in any district subject to subparagraph 7.5.2 Structures Other Than Buildings." C. in subparagraph "b", by inserting the words "with a receiving dish with a diameter greater than 3 feet" after the words "satellite receiving antenna" so that the sentence, as amended, will read: "A satellite receiving antenna with a receiving dish with a diameter greater than 3 feet may be erected after the issuance of a building permit provided the following conditions are met:" The following voiced support: Frank Smith, Board of Appeals; Caleb Warner, Cable Committee. Following a voice vote at 10:40 p.m. , the Moderator declared unanimous adoption of the motion. 10:40 p.m. William Dailey, Jr. , Chairman of the Board of Selectmen, moved that the meeting be adjourned until Monday, April 3, 1995, at 8:00 p.m. , in Cary Hall. Following a voice vote at 10:40 p.th. , the declared the meeting to be adjourned. A true copy. Attest: 40101 t Bernice H. Fal ick, Town Clerk ADJOURNED SESSION - 1995 ANNUAL TOWN MEETING APRIL 3, 1995 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall. A quorum was present. 8:06 p.m. Paul LaPointe, Appropriations Committee, stated that the committee report had been left with the precinct clerks. 8:07 p.m. Selectman Fenn related the discussion of the previous Saturday meeting regarding the budget agreement. ARTICLE 25 ZONING BY-LAW, FRONTAGE REDUCTION 8:14 p.m. Frederick Merrill, Jr. , Planning Board, moved that the report of the board be accepted and placed on file. Following a voice vote at 8:14 p.m. , the Moderator declared the report to have been unanimously accepted and placed on file. 8:14 p.m. Mr. Merrill made the following motion: MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article. That the Zoning By-Law be amended, by adding a new subparagraph: 7.4.5, as follows: "7.4.5 FRONTAGE REDUCTION, LOTS IN A SMALL SUBDIVISION The Planning Board may grant a special permit reducing Adopted the minimum lot frontage to not less than sixty percent of that otherwise required by Table 2 for lots in the RS and RO, One Family Dwelling, and RT, Two Family Dwelling, zoning districts, that: a) have frontage on a public street (see Definition of Street, subparagraph a. ) , and b) are in a proposed subdivision with not more than two lots, provided the Planning Board: 1. finds, on the basis of either: a. its approval of a preliminary site development plan, as defined in the Development Regulations, that a conventional subdivision could be laid out on the tract, that complies with all applicable requirements of this By-Law and the Development Regulations; or, b. its approval and endorsement of a definitive subdivision plan; and 2. determines that granting such special permit: a. will facilitate a development that minimizes the disruption of the existing natural features of the site, and b. will be in the public interest, benefitting either the adjacent neighborhood or the town generally. In determining whether granting the special permit would be in the public interest, the Planning Board will rely on the objecLives for residenLiai uevelopmL , set forth in subsection 9.1.1 of this By-Law and in subparagraph 3.1.2.2, Objectives and Criteria: Site Design of the Development Regulations. In determining whether a proposal by the applicant may benefit either the adjacent neighborhood or the town generally, the Planning Board may consider: (ADJOURNED SESSION, A.T.M. L CONT. - APRIL 3, 1995) 1) the conveyance of the fee, or other interest, in land within the proposed subdivision to the Town for use for conservation, recreation, or other public purpose; 2) the provision of improvements within the right-of-way of the street, that provides the frontage, or of improvements to public facilities near the proposed subdivision. Such improvements may include, but are not limited to, the initial construction, expansion or rehabilitation of the type of improvements and services described in Section 3.6, Required Improvements, of the Development Regulations and the maintenance or restoration of buildings and places of historic or architectural significance; 3) limitations on the use or design of buildings or the site as described in Section 2.4.3, Documents, Exhibits, of the Development Regulations; 4) in lieu of the provision of improvements within or near the right-of-way, or the transfer of interests in land within the proposed subdivision, the Planning Board may consider a financial contribution to a Town fund for any of the purposes identified in 1) through 3) above. 8:23 p.m. Joyce Miller, Conservation Commission, voiced unanimous support. Following a voice vote at 8:28 p.m. , the Moderator declared unanimous adoption of the motion. ARTICLE 27 ZONING BY-LAW, RECYCLING STORE 8:29 p.m. Jacqueline Davison, Planning Board, moved that the report of the board be accepted and placed on file. Following a voice vote at 8:29 p.m. , the Moderator declared the report to have been unanimously accepted and placed on file. 8:30 p.m. Mrs. Davison made the following motion: MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion attached to the report of the Adopted Planning Board on this article. That the Zoning By-Law be amended, as follows: A. In Section 2 DEFINITIONS, by inserting the following new definition in the proper alphabetical sequence: "RECYCLING COLLECTION STORE: A recycling collection file fIrin cefPne TIA, donation, redemption or purchase of reusable domestic container from the public. Reusable domestic container means containers used primarily in residences and made of materials including, but not limited to, paper, glass, metal or plastic that are intended for reuse, remanufacture or reconstruction. Reusable domestic container does not include refuse or hazardous materials." ... 1:4,0 (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 3, 1995) B. In Section 4, Permitted Uses and Development Standards, Table 1, Permitted Uses and Development Standards, in Part B, Commercial Uses, in subsection 7.1 Personal, Business Services, by adding a new line: "7.29 Recycling collection store (see also paragraph 4.3. 1)" and by inserting the letter "SP" to indicate a permitted use under the column headed "CS" and the letter "N" under all other columns to indicate the use is not permitted; C. In Section 4, Permitted Uses and Development Standards, by adding a new subsection, as follows: "4.3 SUPPLEMENTARY COMMERCIAL USE REGULATIONS 4.3.1 RECYCLING COLLECTION STORE In a recycling collection store (see Definition) sorting, limited cleaning, compaction or shredding of containers or other light processing activities necessary for efficient temporary storage and subsequent shipment to a recycling processing facility is permitted."; Mrs. Davison stated that the current redemption store would be grandfathered and pointed out the five CS zones in town. Following a voice vote at 8:33 p.m. , the Moderator declared unanimous adoption of the motion. ARTICLE 28 ZONING BY-LAW, REVISED SETBACK CALCULATIONS 8:34 p.m. Richard Canale, Planning Board, moved that the report of the board be accepted and placed on file. Following a voice vote at 8:34 p.m. , the Moderator declared the report to have been unanimously accepted and placed on file. 8:35 p.m. Mr. Canale made the following motion: MOTION: That the Zoning By-Laws of the Town be amended Not Adopted as set forth in the motion attached to the report of the Planning Board on this article. That the Zoning By-Law be amended in Table 2, SCHEDULE OF DIMENSIONAL CONTROLS, in the lines Minimum Side Yard in Feet, Minimum Rear Yard in Feet, and Minimum Side and Rear Yard Adjacent to, or Front Yard Facing a Residential District in Feet, by striking out the existing numbcrs in the columns headed RO and RS&RT and in the lines Minimum Side Yard in Feet, and Minimum Rear Yard in Feet, by inserting in place thereof: "20"; and in the line Minimum Side and Rear Yard Adjacent to, or Front Yard Facing a Residential District in Feet, by inserting in place thereof: "NA"; and by adding to the explanation under "Footnotes to Table 2, Schedule of Dimensional Controls, the words: "NA" means not applic',U)1,2, ' to ,17rocat the existing words: "NR" meang3 no requirementt;. Comments and questions continued. Following a voice vote at 9:12 p.m. which was uncertain, the Moderator called for a standing vote which was tallied as follows: 41 (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 3, 1995) Precinct Yes No Abstain 1 4 15 2 6 13 3 8 7 4 4 11 5 9 10 6 6 11 7 7 12 8 9 11 9 5 14 At large 10 11 Totals 68 150 9:16 p.m. The Moderator declared the motion not adopted. 9:16 p.m. Mr. Canale served Notice of Reconsideration on Article 28. 9:16 p.m. Leo McSweeney, Board of Selectmen, moved that the meeting be adjourned until Monday, April 10, 1995, at 8:00 p.m. , in Cary Hall. Following a voice vote at 9:16 p.m. , the Moderator declared the meeting to be adjourned. A true copy. / Attest: / • e.e Bernice H. Fallick, Town Clerk 170 ADJOURNED SESSION - 1995 ANNUAL TOWN MEETING APRIL 10, 1995 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall. A quorum was present. ARTICLE 2 REPORTS 8:05 p.m. Selectman Dailey spoke of the agreement reached on the various sections of the budget. 8:10 p.m. Town Manager Richard White presented his report, citing the need for a 1.5 million override. 8:24 p.m. Superintendent of Schools Jeffrey Young presented his report pointing out the areas which are in need of increased funding. 8:40 p.m. Paul LaPointe, Chairman of the Appropriations Committee, moved that the report of the committee be accepted and placed on file. Following a voice vote at 8:40 p.m. , the Moderator declared the report to have been accepted and placed on file. Mr. LaPointe presented the report. 8:55 p.m. Nicholas Cannalonga, Chairman of the Capital Expenditures Committee, spoke for the committee, followed by Paul Hamburger who outlined the 10 year plan. ARTICLE 4 OPERATING BUDGET 9:11 p.m. Presented by Selectman Dailey. MOTION: That the following amounts be appropriated for the ensuing fiscal year and be raised in the tax levy except where a transfer is indicated they shall be provided by such a transfer. The Moderator read the following line item: Education 1100 Lexington Public Schools $37,320,579 (And further that the School Department is authorized to enter into equipment lease/purchase agreements from time to time provided that each such agreement is subject to annual appropriations. ) (Provided, however, that $1,172,152 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the June, 1995, special election. ) 9:13 p.m. Joseph Dini, Chairman of the School Committee, spoke, followed by Superintendent Young. 9:37 p.m. Chairman LaPointe stated snrport rcf thr Appropriations Committee. Questions, answers and discussion followed. 9:52 p.m. Dawn McKenna, P9, made the following motion: that line item 1100 be amended by changing the Not adopted figure of $1 ,172,152 appearing in the override proviso clause to $840,000. 1 1 (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 10, 1995) 9:54 p.m. The Moderator called a recess in order that the Appropriation Committee might caucus. 10:02 p.m. The Moderator called the meeting back to order. 10:03 p.m. Chairman LaPointe stated Appropriation Committee opposition by a vote of 7 to 2. 10:03 p.m. The Board of Selectmen expressed unanimous opposition to the McKenna motion. Discussion followed with speakers both in favor and against. Several members questioned the Board of Selectmen as to whether the override would be bundled. Following a voice vote at 10:30 p.m. , the Moderator declared that the amendment offered by Mrs. McKenna was not adopted. Sufficient members stood to request a standing vote which was tallied as follows: Precinct Yes No Abstain 1 6 9 2 6 8 3 8 4 3 14 5 11 6 6 11 7 7 8 11 8 7 10 9 5 15 At large 2 5 2 Totals 67 100 2 10:33 p.m. The Moderator declared the amendment not adopted. There was further discussion of various budget questions. 1200 Minuteman Regional School $620,850 10:41 p.m. Nyles Barnert presented the report citing the need to accept out of district students. 10:46 p.m. Chairman LaPointe stated Appropriation Committee support for the amount in the line item. Discussion continued. 10:54 p.m. William Dailey, Jr. , Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday, April 12, 1995, at 8!00 11.m. , in Cary UalL Following a voice vote at 10:54 p.m. , the Moderator declared the meeting to be adjourned. A true copy. Attest: //7 Bernice H. Fallick, Town Clerk 1.72 ADJOURNED SESSION - 1995 ANNUAL TOWN MEETING APRIL 12. 1995 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall. A quorum was present. ARTICLE 2 REPORTS 8:04 p.m. Selectman Busa reported on the success of the Hayden Ice Skating teams. 8:06 p.m. Jacquelyn Ward moved that the report of the committee on Minuteman School be accepted and placed on file. Following a voice vote at 8:06 p.m. , the Moderator declared the report to have been accepted and placed on file. Mrs. Ward presented the report and was followed by Marita Hartshorn, a member of the committee, who commented further. 8:18 p.m. Sheldon Spector, P6, asked for a follow up report to Town Meeting. 8:20 p.m. Selectman Dailey stated that Nyles Barnert would be asked to urge Minuteman to adopt a tuition charge of $500 per semester for any student with a high school diploma. 8:20 p.m. Paul LaPointe presented the Appropriations Committee report on Article 4, The Committee is in unanimous support of bundling the override election. Mr. LaPointe enumerated on the findings and the need to meet a balanced budget. ARTICLE 4 OPERATING BUDGET 8:34 p.m. Andrew Friedlich, P5, made the following motion: Provided that it is the sense of Town Meeting Adopted that the amounts identified in this article which are contingent on passage of an override, should be presented to the voters in a single bundled question in order to avoid the divisive nature of a line-item override. 8:38 p.m. Selectman Dailey stated opposition. The statute gives the decision to the Board and he hoped that no official position would be taken by Town Meeting. There were statements pro and con. 8:53 p.m. Paul LaPointe stated unanimous support on the motion by the Appropriations Committee. Following a voice vote at 9:03 p.m. which was in doubt, the Moderator called for a standing vote which was tallied as follows: 173 (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 12, 1995) Precinct Yes No Abstain 1 8 9 2 11 6 3 11 5 4 13 3 5 12 8 6 15 3 7 14 5 8 13 4 9 13 6 At large 11 2 5 Totals 121 51 9:06 p.m. The Moderator declared the motion offered by Mr. Friedlich to have been adopted. 9:07 p.m. James Nicoloro, P1, served Notice of Reconsideration on the motion. 9:07 p.m. Nicholas Santosuosso, P4, moved to take up at this time Line Item 5400 - Transportation Services. Following a voice vote at 9:07 p.m. , the Moderator declared unanimous adoption of the motion. The Moderator read the following: 5400 Transportation Personal Services 48,492 (Provided, however, that $48,492 of the appropriation is contingent upon the approval of an override question See below appearing on the ballot for the June, 1995 special election. ) 5400 Transportation Expenses 178,458 (Provided, however, that $162,958 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the June, 1995 special election. ) 9:09 p.m. Selectman Eddison asked the Moderator to recognize Sara Arnold, Chairman of the Transportation Advisory Committee. Discussion continued. 9:38 p.m. Isabel H. Mroczkowski, P9, made the following motion: Line Item 5400 be amended by striking the words: (Provided, however, that $48,492 of the appropriation is contingent upon Adopted the approval of an override question See p.174 appearing on the ballot for the June, 1995 special election. ) (Provided, however, that $162,958 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the June, 1995 special election. ) 174 (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 12, 1995) There were opinions expressed by the Town Meeting Members and citizens. Following a voice vote at 10:00 p.m. , the Moderator declared the amendment offered by Mrs. Mroczkowski to have been adopted. 10:06 p.m.• Paul Jenkins, P8, served Notice of Reconsideration on the above amendment. The Moderator continued the reading of the line items: Employee Benefits 2110 Contributory Retirement 2,887,775 (Of which $65,762 is to be transferred from the Water Enterprise Fund and $16,441 is to be transferred from the Sewer Enterprise Fund. ) 2120 Non-Contributory Retirement 187,803 2130 Insurance 667,811 (Of which $53,456 is to be transferred from the Water Enterprise Fund and $13,364 is to be transferred from the Sewer Enterprise Fund. ) (and further that amounts appropriated in this article for employee health and life insurance shall be transferred to this account to fund cost items (a) included in collective bargaining agreements reached between the Town and employee organizations and (b) resulting from such agreements as they bear on the Town employee compensation plan. ) 2140 Unemployment Benefits 65,000 2150 Police/Fire Medical 35,430 Debt Service 2210 Payment on Funded Debt 2,187,250 2220 Interest on Funded Debt 582,698 2230 Temporary Borrowing 75,000 2240 Exempt Debt 1,439,954 Operating Articles 2310 Reserve Fund 250,000 2320 Municipal Salary Adjustments 245,916 (Of which $8,236 is to be transferred from the Water Enterprise Fund, $3,597 is to be transferred from the Sewer Enterprise Fund and $8,083 is to be transferredfrom the Recreation Enterprise Fund. ) Organizational Expenses 2410 Municipal Services & Expenses Personal Services 70,426 2410 Municipal Services & Expenses 95,000 10:08 p.m. William Dailey, Jr. , Chairman of the Board of Selectmen, moved that the meeting be adjourned until Monday, April 24, 1995, aL 300 p.m— 1..1 Following a voice vote at 10:08 p.m. , the Moderator declared the meeting to be adj ned. A true copy. --- Attest: )(/ Bernice H. Fallick, Town Clerk 175 ADJOURNED SESSION - 1995 ANNUAL TOWN MEETING APRIL 24, 1995 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall. A quorum was present. 8:05 p.m. Selectman Dailey spoke concerning the meeting toward joint sponsorship of the override questions. 8:16 p.m. Paul LaPointe, Appropriations Committee, voiced unanimous support of the Board of Selectmen. The Moderator continued the reading of Article 4: Community Services 3000 DPW Personal Services 2,953,027 (Of which $257,149 is to be transferred from the Water Enterprise Fund, $64,287 is to be transferred from the Sewer Enterprise Fund, $67,788 is to be transferred from the Parking Meter Fund, $80,000 is to be transferred from the Cemetery Trust Funds and $201,387 is to be transferred from the Recreation Enterprise Fund. ) (Provided, however, that $29,000 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the June, 1995 special election. ) 8:18 p.m. Selectman Dailey stated that the committee which would study long term problems of property taxes had been appointed. 3000 DPW General Expenses 4,017,525 (Of which $189,972 is to be transferred from the Water Enterprise Fund, $47,493 is to be transferred from the Sewer Enterprise Fund, $439,555 is to be transferred from the Recreation Enterprise Fund and $30,650 is to be transferred from the Parking Meter Fund; and provided further that the Town Manager may enter into an agreement or agreements with one or more governmental units to perform jointly with such units any service, activity or undertaking authorized by law. ) (And in addition that a D.P.W. Revolving Fund be established pursuant to G.L.c.44, §53Ei in connection with the sale of burial containers and biodegradable bags and that $68,325 of expenses for such purposes be funded by the receipt of $68,325 in anticipated revenues. ) 8:23 p.m. Dennis O'Connor, Jr. , P6, made the following motion: that line item 3000 be amended by adding the following words: (Provided, however, that $105,264 of the appropriation is contingent upon the approval Withdrawn of an override question appearing on the ballot for the June, 1995, special election. ) 8:25 p.m. Selectman Dailey expressed the hope that this motion would not pass. 8:28 p.m. Chairman LaPointe, Appropriations Committee, stated that this amendment was a combination of Personal 176 (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 24, 1995) Service and General Expenses. 8:31 p.m. The Moderator announced the withdrawal of Mr. O'Connor's motion with the unanimous consent of the Meeting. 8:32 p.m. Mr. O'Connor made the following motion: that line item 3000 be amended by adding the following words: (Provided, however that $55,000, DPW Personal Services, be contingent upon the approval of an override question appearing on the ballot Not adopted for the June, 1995, special election. Further move, that $50,264, DPW General Expenses, be contingent upon the approval of an override question appearing on the ballot for the June, 1995, special election. ) 8:32 p.m. Chairman LaPointe stated opposition of the Appropriation Committee. Following a voice vote at 8:41 p.m. , the Moderator declared the motion not adopted. 3600 Water Department 3,556,098 (And that to raise such amount $3,556,098 be transferred from the Water Enterprise Fund. ) 3700 Sewer Department 5,470,277 (And that to raise such amount $5,470,277 be transferred from the Sewer Enterprise Fund. ) There were questions concerning Water and Sewer fees. Public Safety 4110 Combined Dispatch Personal Services 296,410 4110 Combined Dispatch Expenses 15,000 4200 Law Enforcement Personal Services 2,925,089 (Of which $131,564 is to be transferred from the Parking Meter Fund. ) (Provided, however, that $90,000 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the June, 1995 special election. ) 8:47 p.m. Dennis O'Connor, P6, made the following motion: that line item 4200 be amended by deleting the following words: (Provided, however, that $90,000 of the appropriation is contingent upon the approval of an Not adopted override question appearing on the ballot for the June, 1995, special election. ) Selectman Dailey expressed opposition, Chairman LaPointe stated the Appropriation Committee would yield to the Board of Selectmen. Following a voice vote at 8:49 p.m. , the Moderator declared the motion not adopted. 4200 Law Enforcement Expenses 277,264 177 (ADJOURNED SESSION, A.T.M. , CONT, - APRIL 24, 1995) There was discussion as to the Town's disaster procedures. 4300 Fire Department Personal Services 2,791,171 (Provided, however, that $196,848 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the June, 1995 special election. ) 4300 Fire Department Expenses 151,217 Culture and Recreation 5100 Library Personal Services 1 ,060,576 5100 Library Expenses 224,484 5200 Recreation Department 593,780 (And to raise such amount $593,780 be transferred from the Recreation Enterprise Fund. ) 5300 Public Celebrations 12,506 5400 Transportation Personal Services 48,492 5400 Transportation Expenses 178,458 (Of which $80,000 is to be transferred from the Parking Meter Fund. ) Human Services 6100 Council on Aging Personal Services 107,296 6100 Council on Aging Expenses 107,052 6210 Veterans Administration Personal Services 25,604 6210 Veterans Expenses 29,913 8:58 p.m. Nancy Adler moved that Line Item 6310 Services Adopted for Youth be taken up with Article 21. Following a voice vote at 8:58 p.m. , the Moderator declared the motion offered by Mrs. Adler to have been adopted. 8:59 p.m. Karen Dooks raised questions on 4300 Fire Department Personal Services to which staff of the Department responded. 9:18 p.m. The Moderator continued the reading: 6320 Services to Developmentally Disabled 11,000 Inspectional Services/Community Development 7100 Inspectional Services Personal Services 429,344 (Provided, however, that $12,000 of the appropriation is contingent upon the approval of an override question appearing on the ballot for the June, 1995 special election. ) 7100 Inspectional Services Expenses 51,718 7200 Planning Personal Services 132,698 7200 Planning Expenses 6,614 Executive 8110 Selectmen Personal Services 50,262 (Of which $1,793 is to be transferred from the Water Enterprise Fund and $448 is to be transferred from the Sewer Enterprise Fund. ) 8110 Selectmen Expenses 54,983 8120 Town Manager Personal Services 257,517 (Of which $33,193 is to be transferred from the Water Enterprise Fund and $8,298 is to be 178 (ADJOURNED SESSION, A.T.M. , CONT. APRIL 24, 1995) transferred from the Sewer Enterprise Fund. ) 8120 Town Manager Expenses 14,137 8130 Town Report 4,800 Legislative 8210 Appropriation Committee Expenses 735 8220 Miscellaneous Boards & Committees Expenses 6,075 Finance 8310 Comptroller Personal Services 269,124 (Of which $100,911 is to be transferred from the Water Enterprise Fund and $25,228 is to be transferred from the Sewer Enterprise Fund. ) 8310 Comptroller Expenses 77,284 8320 Revenue Personal Services 167,841 (Of which $48,562 is to be transferred from the Water Enterprise Fund and $12,141 is to be transferred from the Sewer Enterprise Fund. ) 8320 Revenue Expenses 14,483 (And in addition that a Flexible Spending Revolving Fund be established pursuant to G.L.c.44, §53E1 in connection with revenue generated from enrollment in the Flexible Spending Plan and that $7,500 of expenses for such purposes be funded by the receipt of $7,500 in anticipated revenues. ) There was discussion on a variety of budget questions. 8330 Assessors Personal Services 183,350 (Of which $2,585 is to be transferred from the Water Enterprise Fund and $646 is to be transferred from the Sewer Enterprise Fund. ) 8330 Assessors Expenses 3,794 8340 Data Processing Personal Services 54,343 (Of which $12,018 is to be transferred from the Water Enterprise Fund and $3,004 is to be transferred from the Sewer Enterprise fund. ) 8340 Data Processing Expenses 92,890 Staff 8410 Legal Fees & Expenses 205,000 8420 Town Clerk Personal Services 133,456 8420 Town Clerk Expenses 2,646 8430 Board of Registrars Personal Services 1,825 8430 Board of Registrars Expenses 23,956 8440 Elections Personal Services 28,000 8440 Elections Expenses 15,624 There was discussion on a variety of budget issues. Following a voice vote at 9:48 p.m. , the Moderator declared adoption of Article 4. 9:48 p.m. Paul LaPointe, Appropriations Committee, served Notice of Reconsideration on Article 4. ARTICLE 5 SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (FY95) MOTION: That the sum of $150,000 be appropriated to Postponed line item 1100 of the current fiscal year's See p.181 IA (ADJOURNED SESSION, A.T.M., CONT. - APRIL 24, 1995) budget, and to raise such amount $30,000 be transferred from line item 5400 expenses and $120,000 be transferred from line item 2130. Presented by Selectman Daileyi, who moved to postpone to April 26. Following a voice vote at 9:49 p.m. , the Moderator declared adoption of the motion to postpone. ARTICLE 8 WATER MAINS MOTION: That the Selectmen be and they hereby are Adopted authorized to install new or replacement water mains and line and reline water mains in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; to appropriate $850,000 for such installation and lining and land acquisition; and to raise such amount $850,000 be transferred from the Water Enterprise Fund; and to authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid for such water projects. 9:50 p.m. Presented by Selectman Eddison. 9:56 p.m. Ronald Grammont, Capital Expenditures Committee, stated approval. 9:57 p.m. Paul LaPointe, Appropriation Committee, stated unanimous approval. Following a voice vote at 10:01 p.m. , the Moderator declared the motion to have been be adopted. 10:01 p.m. Notice of Reconsideration on Article 8 was served by Nicholas Cannalonga. ARTICLE 9 SANITARY SEWERS MOTION: That the Selectmen be and they hereby are Adopted authorized to install sewer mains and sewerage systems in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and amendment thereof, or otherwise, and to take by eminent domain, purchr',se f,r oth,-,rY;(-P acquire any fee, easement or other intereEt in land necessary therefor; to appropriate for such installation and land acquisition the sum of $300,000 and to raise such amount $300,000 be transferred from the Sewer Enterprise Fund; and to authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid for such sewer projects. 180 (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 24, 1995) 10:02 p.m. Presented by Selectman Eddison who stated that it was the first year of a 30 year program. Ronald Grammont, Capital Expenditures Committee, stated approval. Paul Lapointe, Appropriation Committee, asked if the program could be done in half the time. Questions followed. Following a voice vote at 10:21 p.m. , the Moderator declared the motion to have been adopted. 10:21 p.m. Notice of Reconsideration on Article 9 was served by Nicholas Cannalonga. ARTICLE 10 STREET RELATED IMPROVEMENTS MOTION: That the Treasurer with the approval of the Adopted Selectmen be authorized to issue Highway Reimbursement Notes of the Town under G.L. c.44, sec. 6, as amended, in anticipation of reimbursement by the Commonwealth for highway reconstruction and improvements, including the construction of a salt shed, under the authority of Chapter 90 of the General Laws as funded, and that notes issued for a shorter period than two years may be refunded by the issue of new notes maturing within two years from the date of the original obligation, and that the Selectmen are authorized to accept highway funds from all sources including the $716,023 allocated under Chapter 85 of the Acts of 1994 which are hereby appropriated for such highway purposes. 10:26 p.m. Presented by Selectman Eddison. 10:26 p.m. Ronald Grammont, Capital Expenditures Committee, stated approval. 10:28 p.m. Paul LaPointe, Appropriation Committee, stated unanimous approval. Following a voice vote at 10:31 p.m. , the Moderator declared the motion to have been adopted. 10:31 p.m. Notice of Reconsideration on Article 10 was served by Nicholas Cannalonga. 10:31 p.m. William Dailey, Jr. , Chairman of the Board of Selectmen, moved that the meeting he adjourned until Wednesday, Apti_,_ 23, 1b, ADJOURNED SESSION - 1995 ANNUAL TOWN MEETING APRIL 26, 1995 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall. A quorum was present. A moment of silence was observed in memory of those killed in the Oklahoma City bomb blast. The Moderator announced the availability of receivers for members who would like hearing assistance. ARTICLE 2 REPORTS 8:10 p.m. Donald Chisholm moved that the report of the Recreation Enterprise Fund be accepted and placed on file. Following a voice vote at 8:10 p.m. , the Moderator declared the report to have been accepted and placed on file. Mr. Chisholm presented the report. ARTICLE 5 SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (FY95) MOTION: That the sum of $380,000 be appropriated to Adopted line item 1100 of the current fiscal year's budget, and to raise such amount $30,000 be transferred from line item 5400 expenses, $120,000 be transferred from line item 2130, and $230,000 be transferred from the Unreserved Fund Balance. 8:15 p.m. Selectman Dailey asked that Joseph Dini, Chairman of the School Committee be recognized. Mr. Dini presented the motion and gave the explanation. 8:21 p.m. Paul LaPointe, Appropriation Committee, stated support. Discussion followed. Following a voice vote at 8:31 p.m. , the Moderator declared unanimous adoption. ARTICLE 11 PUBLIC WORKS EQUIPMENT MOTION: That the sum of $107,000 be appropriated for Adopted the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works; and that to meet the appropriation $30,000 shall be transferred from the Water Enterprise Fund, $10,000 shall be transferred from the Sewer Enterprise Fund, and $67,000 shall be transferred from the Recreation Enterprise Fund. 8:31 p.m. Presented by Selectman Eddison. 8:34 p.m. Ronald Grammont, Capital Expenditures Committee, stated approval. 8:34 p.m. Paul LaPointe, Appropriation Committee, stated support. Following a voice vote at 8:40 p.m. , the Moderator declared the motion to have been adopted. I:2 (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 26, 1995 ) 8:40 p.m. Notice of Reconsideration on Article 11 was served by Nicholas Cannalonga, ARTICLE 12 PINE MEADOWS GOLF COURSE IMPROVEMENTS MOTION: That the sum of $125,000 be appropriated to make improvements in the Pine Meadows Golf Adopted Course as determined by the Recreation Committee with the approval of the Board of Selectmen, and to raise such amount $125,000 be transferred from the Recreation Enterprise Fund. 8:40 p.m. Presented by Donald Chisholm, Chairman of the Recreation Committee. 8:40 p.m. Paul LaPointe served Notice of Reconsideration on Article 5. 8:43 p.m. Nicholas Cannalonga, Capital Expenditures Committee, stated approval. 8:44 p.m. Paul LaPointe, Appropriation Committee, stated approval. 8:45 p.m. Selectman Busa stated Board of Selectman support. Following a voice vote at 8:50 p.m. , the Moderator declared the motion to have been adopted. 8:50 p.m. Notice of Reconsideration on Article 12 was served by Nicholas Cannalonga, ARTICLE 13 PLAYGROUNDS AND BALL FIELDS IMPROVEMENTS MOTION: That the sum of $50,000 be appropriated to Adopted make improvements at selected playgrounds and ball fields as determined by the Recreation Committee with the approval of the Board of Selectmen, and to raise such amount $50,000 be transferred from the Recreation Enterprise Fund. 8:50 p.m. Presented by Sandra Shaw, Recreation Committee. 8:54 p.m. Nicholas Cannalonga, Capital Expenditures Committee, stated approval. 8:55 p.m. Paul LaPointe, Appropriation Committee, stated approval. 8:55 p.m. Selectman Busa stated Board approval. Following a voice vote at 9:10 the MociPrn' -,, declared the motion to have been adopted. 9:10 p.m. Notice of Reconsideration on Article 13 was served by Nicholas Cannalona. 183 (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 26, 1995) ARTICLE 14 AUTHORIZE RECEIPT OF GRANT FOR PURCHASE OF TRANSIT VEHICLES MOTION: A. ) That the Town be authorized to accept a grant for the purchase of up to seven Adopted alternate fuel transit vehicles and that the Treasurer with the approval of the Selectmen be authorized to borrow in anticipation of such grant; and B. ) That the Town be authorized to accept a grant for the operation of a seasonal Adopted trolley service between Lexington and Concord for a period of up to two years and that the Treasurer with the approval of the Selectmen be authorized to borrow in anticipation of such grant. 9:10 p.m. Presented by Selectman Eddison. The Moderator stated that the question would be divided. Mrs. Eddison explained. No money would be coming from the tax levy. 9:15 p.m. Gloria Holland, Capital Expenditures Committee, recommended authorization. 9:15 p.m. Paul LaPointe, Appropriation Committee, asked the Moderator to recognize Robert Leone of the Committee. Mr. Leone stated the opposition of the Appropriation Committee. 9:20 p.m. Mrs. Eddison asked the Moderator to recognize Barbara Lucas, Transportation Coordinator. Mrs. Lucas responded to the Appropriation Committee. Discussion continued. 10:00 p.m. Charles Shaw, P1, moved the question. Following a voice vote at 10:00 p.m. , the Moderator declared the question to be before the Meeting. Following a voice vote at 10:01 p.m. on Section A which was in doubt, the Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 8 11 2 14 3 3 11 4 • 4 16 0 5 15 5 6 10 7 7 15 6 8 14 3 9 15 5 At large 16 Totals 134 49 10:04 p.m. The Moderator declared adoption of Section A. 84 (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 26, 1995 ) Discussion continued on Section B. 10:10 p.m. Gloria Holland, Capital Expenditures Committee, stated approval. Following a voice vote at 10:15 p.m. , the Moderator declared the adoption of Section B. ARTICLE 15 LIBRARY BUILDING DESIGN STUDY & OTHER MISCELLANEOUS PURCHASES MOTION: That the sum of $47,393 be appropriated for architectural services to design additions to Adopted and remodeling of Cary Memorial Library tkumt--.31itrefierae5-t-efEE3±42rtrvit= qtantetvt--t and that • such amount be raised in the tax levy. 10:15 p.m. Presented by Selectman Fenn who asked the Moderator to recognize Carol Mahoney, Director of the Cary Library, for the presentation. 10:27 p.m. Gloria Holland, Capital Expenditures Committee, stated approval. 10:29 p.m. Paul LaPointe, Appropriation Committee, stated approval. Following a voice vote at 10:30 p.m. , the Moderator declared the motion to have been adopted. 10:31 p.m. Notice of Reconsideration on Article 15 was • . served by Nicholas Cannalonga, ARTICLE 16 COUNCIL ON AGING SENIOR CENTER AIR QUALITY/AIR CONDITIONING MOTION: That the sum of $8,000 be appropriated for d improving air quality and for air conditioning Aopted the Senior Center and for purchasing equipment in connection therewith, and that such amount be raised in the tax levy. 10:31 p.m. Presented by Selectman Fenn who stated unanimous support of the Board. 10:35 p.m. Paul LaPointe, Appropriation Committee, stated support. 10:36 p.m. Gloria Holland, Capital Expenditures, stated support. 10:38 p.m. Clark Cowen, COA, stated support. Following a voice vote at 10:40 p.m. , the Moderator declared the motion to have been adopted unanimously. 10:40 p.m. Notice of Reconsideration on Article 16 was served by Paul LaPointe. 10:40 p.m. William Dailey, Jr. , Chpirmar of thr,, 'Board of Selectmen, moved that the weeting he ad:jr2urnf. unt!z.1 Monday, May 1, 1995, at 8:00 p.m. , in Cary Hail. Following a voice vote at 10:40 p.m. , the Moderator declared the meeting to he adjournes . A true copy. Attest: - Bernice H. Fallick, Town Clerk 15 ADJOURNED SESSION - 1995 ANNUAL TOWN MEETING MAY 1, 1995 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall. A quorum was present. A moment of silence was observed in memory of town employee Sara "Sally" Peters. The Moderator outlined procedures for the evening. ARTICLE 2 REPORTS 8:09 p.m. Christopher Casey, Police Chief, issued an invitation for an Open House at the Police Station. Paul Hamburger, Capital Expenditures, spoke of the 10 year spending plan and of the commitment of School Committee and Board of Selectmen to work together. Paul was thanked for all his good work. Selectman Dailey stated that the override wouldbe June 12. ARTICLE 18 SCHOOL EQUIPMENT PURCHASES NEW TECHNOLOGY MOTION: That the sum of $150,000 be appropriated for engineering services to develop a design for ( Substitute upgrading electrical service and for . Motion installing a technology network in all school Below buildings in order to utilize computer hardware for school programs; and that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $150,000 under G.L. c.44, §7. 8:16 p.m. Presented by Fred Rosenberg who asked that the Superintendent of Schools, Jeffrey Young, be recognized. Dr. Young presented his report. 8:35 p.m. Karen Dooks, Capital Expenditures, stated support. 8:37 p.m. Christine Coughlin, Appropriation Committee, stated support. 8:39 p.m. Leo McSweeney stated the unanimous support of the Board of Selectmen. 8:52 p.m. David Kaufman, P6, offered the following substitute motion: that the motion under article 18 be amended by substituting the following motion: that the sum of $150,000 be appropriated for engineering service, for upgrading electrical Adopted service, and for installing a technology See p.186 network and associated computers in school buildings in order to utilize the computer hardware for school programs; and that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $150,000 under G.L. c.44, s.7. Following a voice vote at 8:55 p.m. , the Moderator declared adoption of the substitute amendment as offered by Mr. Kaufman. 186 (ADJOURNED SESSION, A.T.M. , CONT. - MAY 1, 1995) 8:57 p.m. Michael O'Sullivan, P2, made the following motion: Add: and other Town facilities: (after . . school buildings) Not adopted Add: and that the Board of Selectmen and the School Committee jointly establish a Technology Oversight Computer Committee for the purpose of reviewing and advising actions pertaining to the execution of plans recommended by other interested committees. (at the end of the motion . G.L. c.44, s.7) Following a voice vote at 9:02 p.m. , the Moderator declared the motion offered by Mr. O'Sullivan not to have been adopted. Discussion continued. 9: 13 p.m. Erna Greene, P3, moved the question. Following a voice vote at 9:13 p.m. , the Moderator declared the main question to be before the Meeting. Following a voice vote at 9:14 p.m. which was not unanimous, the Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 10 8 2 13 2 3 13 0 4 16 0 5 13 2 6 17 1 7 18 2 8 12 3 9 16 3 At large 19 0 Totals 147 21 9: 16 p.m. The Moderator declared the motion to have been adopted. ARTICLE 17 MISCELLANEOUS SCHOOL ARTICLE MOTION: That the sum of $350,000 be appropriated for remodeling, reconstructing and making Adopted extraordinary repairs to school buildings and for the purchase of additional equipment therefor; that to meet this appropriation the Treasurer with the approvnl of the Selectmen is authorized to borrow J () u . e' C cA4 , §7 or Chapter 645 of the Acts of 1948 as amended; and that the Permanent Building Committee is authorised to take all action necessary to carry out this projectn 9:18 p.m. Presented by Barrie Pelts, School Committee. 9:26 p.m. Karen Dooks, Capital Expenditures, stated support. (ADJOURNED SESSION, A.T.M. , CONT. - MAY 1, 1995) 9:28 p.m. Christine Coughlin, Appropriation Committee, stated support. 9:30 p.m. Selectman McSweeney stated unanimous support. Following a voice vote at 9:25 p.m. , the Moderator declared unanimous passage. 9:25 p.m. Notice of Reconsideration on Article 17 was served by Nicholas Cannalonga. ARTICLE 19 INTERNET SUBSCRIPTION AND PURCHASE OF EQUIPMENT MOTION: That the sum of $10,900 be appropriated for the Adopted purchase of a full service Internet connection, and that such amount be raised in the tax levy. 9:26 p.m. Presented by Selectman McSweeney. 9:29 p.m. Fred Rosenberg stated unanimous School Committee support. 9:29 p.m. Paul LaPointe, Appropriation Committee, stated majority approval at this level with one member wanting a higher amount. 9:30 p.m. Dan Fenn stated the support of the Cary Library Trustees. 9:35 p.m. Town Counsel Norman Cohen replied in answer to a question on bidding that all would be in compliance with the necessary legalities. Following a voice vote at 9:39 p.m. , the Moderator declared the motion to have been adopted. 9:40 p.m. Notice of Reconsideration on Article 19 was served by Paul LaPointe, ARTICLE 20 FUND 50TH ANNIVERSARY VETERANS' DAY CELEBRATION MOTION: That this article be indefinitely postponed. Indefinitely . Postponed 9:40 p.m. Presented by Selectman McSweeney who explained that expenses would be met by private funding. Following a voice vote at 9:40 p.m. , the Moderator declared the motion to have been adopted. ARTICLE 21 FUND REPLACE MOTION:A. ) Move that the sum of $35,000 be appropriated to fund the following youth service programs: Adopted 1. Child Assault Prevention Program (known as CAPP) that shall bring personal safety workshops to students in at least grades K, 2, and 4 and shall provide parent and teacher workshops to introduce the curriculum and to give adults the tools to continue personal safety awareness at home and in the classroom. This program shall use both professionals and trained volunteers. (ADJOURNED SESSION, A.T.M., CONT. - MAY 1, 1995) 2. Community outreach programs to develop relationships with alienated youths in Lexington who find it difficult to utilize services at a human services agency without first developing relationships of trust and confidence with staff. Such programs must be in addition to maintaining a "drop in center" in an accessible place that does not adversely impact a residential or commercial neighborhood and shall at least include the following: (a) Substance Abuse Awareness with Lexington High School Students. (b) Substance Abuse Workshops with Lexington High School sports teams. (c) Direct Street work with smoking groups, including beginning the development of smoking cessation groups. (d) Weekend activities groups designed to bring ethnically, racially, and economically diverse groups together with the use of group building adventure activities, such as "outward bound" initiatives. (e) Diversity Dialogue Groups to encourage teenage youths from different backgrounds to share lifestyles, similarities, and differences. B. ) It is the sense of the Town Meeting that the contract to carry out part A of this motion be awarded to an agency specializing in and having at least three years experience in providing programs to troubled youths and children and their families in Lexington or substantially similar communities and that RePlace would be the agency of choice of this Town Meeting. 9:41 p.m. Presented by Judith Zabin, P1 , who was followed by Joan Abrahams, Director of Replace. 9:58 p.m. The Moderator read Line Item 6310 Services for Youth, $67,800, and recognized Donna Hooper, Human Services Committee Chairman, who presented the history for recommending Eliot Community Human Services over Replace. The Human Services Committee's opposition to Article 21 was stated. 10:12 p.m. Susan Elberger stated the School Committee's unanimous support of Article 21. 10:13 p.m. Selectman Fenn stated the Board's unanimous opposition. 10:16 p.m. Paul LaPointe stated the unanimous opposition of the Appropriation Committee to Part A. Discussion continued. 10:43 p.m. Robert Cohen, P3, moved the question. Following a voice vote at 10:43 p.m. , the Moderator declared tht:, question to be before the plaet)ng. Following a voice vote at 10:44 p.m. , the Moderator declared the motion to fund Replace to have been adopted. Mrs. Zabin made that following motion: that Article 4, Line item 6310 be amended to Adopted read $32,800. I9 (ADJOURNED SESSION, A.T.M. , CONT. - MAY 1, 1995) 10:45 p.m. Paul LaPointe, Appropriation Committee, stated the unanimous support for the amendment. 10:46 p.m. Selectman Dailey stated the Board would look at the contract and work out a resolution to give effect to Article 21. Town Meeting appropriates the money but the Town Manager and the Board of Selectmen choose the agencies. Money can be appropriated to specific programs. Following a voice vote at 10:55 p.m. , the Moderator declared adoption of the amendment and approval of the line item as amended by Mrs. Zabin. 10:56 p.m. Ruth Thomas, P4, moved Reconsideration of Did Not Article 30, Amend Historic District Boundary (Parker Prevail Street) , and presented information thereon. 10:59 p.m. Notice of Reconsideration on Article 21 and Line Item 6310 was served by Paul LaPointe. Following a voice vote at 11:07 p.m. , the Moderator declared that Reconsideration did not prevail. ARTICLE 34 USE OF FUNDS TO REDUCE TAX RATE MOTION: That the sum of $686,186 be appropriated to reduce the tax levy for the fiscal year Adopted beginning July 1, 1995, and that such amount be transferred from the Unreserved Fund Balance. 11:10 p.m. Presented by Selectman Dailey. 11 :10 p.m. Paul LaPointe, Appropriation Committee, stated approval. Following a voice vote at 11:10 p.m. , the Moderator declared the motion to have been adopted unanimously. 11 :11 p.m. Selectman Dailey moved that this Town Meeting be dissolved. Following a voice vote at 11:11 p.m. , the Moderator declared dissolution. V A true copy. Attest: / Bernice H. Fallick, Town Clerk