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HomeMy WebLinkAbout1981-01-26-STM-min �. ( Special Town Meeting - January 26, 1981.) Article 13. Presented by Mary W. Miley. MOTION: That the Town accept Amendment No. 3 to the agreement (As establishing the Minuteman Regional Vocational Technical School adopted) District as proposed by vote of the Minuteman School Committee by vote adopted on October 7, 1980. (AMENDMENT NO. 3 TO THE AGREEMENT ESTABLISHING THE MINUTEMAN REGIONAL VOCATIONAL TECHNICAL SCHOOL DISTRICT The agreement among the towns of Acton, Arlington, Belmont, Bolton, Boxborough, Carlisle, Concord, Lancaster, Lexington, Lincoln, Needham, Stow, Sudbury, Wayland and Weston entitled "Agreement with Respect to the Establishment of a Technical and Vocational Regional School District" as heretofore amended (the "Agreement ") is hereby further amended as follows: A. Subsection I(C) of the Agreement is amended by deleting the second sentence thereof, as inserted by Amendment No. 2, and sub- stituting in its place the following sentence: The moderator of each town that shall be admitted to the District pursuant to Section VIII of this Agreement shall, prior to the date on which such admission takes effect, appoint one member to serve on the Committee beginning on such date for a term of three years, or for such shorter term as may be necessary to retain symmetry of terms on the Committee as a whole. B. Subsection I(C) of the Agreement is further amended by deleting the last sentence thereof and substituting in its place the following sentence: The term of each member of the Committee shall commence on July 1 of the year in which he or she is appointed. C. Subsection I(E) of the Agreement is amended by deleting said subsection and substituting in its place the following subsection: (E) Annually, on a date specified in the by -laws of the District, the Committee shall organize and choose by ballot a chairman and a vice - chairman from among its own membership. D. Transition and Effective Date of Amendment No. 3. Amendment No. 3 to the Agreement, proposed by vote of the Committee adopted on October 7, 1980, shall take full effect on January 1 of the year following the year in which it has been accepted by all the member towns and the terms of all the members of the Committee in office on such January 1 shall be extended to expire at the commencement of the term of their successors in the year in which their terms would otherwise expire pursuant to the Agreement as amended by Amendment No. 3.) Motion, as presented by Mrs. Miley, carried unanimously. 9:20 P.M. Article 14. Presented by Margery M. Battin. MOTION: That this article be indefinitely postponed. 9:20 P.M. Mrs. Battin explained that this article (revocation of Sec. 37 of Ch. 19 - now Sec. 48 of Ch. 31 G.L. relating to members of the Police Department) needs further study by the Board of Selectmen and is therefore being inserted in the warrant for the annual town meeting. Motion to indefinitely postpone carried unanimously. 9:21 P.M. Mary W. Miley moved that this meeting be dissolved which was carried unanimously. 9:21 P.M. A true copy. Attest: 'h j R. McDonough, To n Clerk William P. Hadley, 31 Robbins Road, resigned as a Town Meeting Member from Precinct Two on February 20, 1981. This vacancy will be filled at the March 2, 1981 Annual Town Election by the next defeated candidate that receives the highest vote. (WARRANT FOR ANNUAL TOWN ELECTION - SEE WARRANT FI LE) _. I i ANNUAL TOWN ELECTION - MARCH 2 1981 In pursuance of the foregoing warrant the legal voters of the Town of Lex- ington met in their respective voting places in said Town. of Lexington on Monday, March 2, 1981 at 7:00 in the forenoon. The following places were designated as the voting places for the various precincts: Precinct One, Harrington School; Precinct Two, Bowman. School; Precinct Three, Jonas Clarke Junior High School; Precinct Four, Senior High. School; Precinct Five, Cary Memorial Building; Precinct Six, William Diamond Junior High School; Precinct Seven, Estabrook School; Precinct Eight, Fire Headquarters Building; Precinct Nine, Maria Hastings School. The election officers and Wardens of the various precincts were assigned for duty as follows: Precinct One Precinct Two D Eileen J. Fradette Warden R Agnes Heimlich R Gloria D. Colbert Clerk D Ann M. Pace D Catherine R. Sullivan Inspector R A. Estelle Szalajeski R Virginia M. Warner Inspector D Donna Alexson I Precinct Three Pre cinct Four D Marjorie Modoono Warden R Norma B. Jervis R Mildred M. Cronin Clerk D Gulli I. Kula D Marguerite A. Cronin Inspector R Josephine S. Siders R Winifred F. Hubbard Inspector D Priscilla H. Winter Prec Five Precinct Six D Gloria J. Bresnihan Warden D Mary C. Casey R Elinor M. Vassallo Clerk R Caroline P. Johnston D Anne C. Williamson Inspector D Elizabeth H. Clarke R Winifred E. Ivester Inspector_ R Harold W. Josephson Precinct Seven Precinct Eight D Ann M. Baum Warden R Helen L. Perry R Robert P. Trask, Jr. Clerk D Phyllis C. Bradford D Mary G. Faulkingham Inspector R Margaret S. Wilson R George W. Greenlaw, Jr. Inspector D Suzanne H. Spencer Precinct Nine D Mary C. Joseph Warden R Shirley E. Bullock Clerk D Margaret S. Blouin Inspector R Caroline E'. Deloury Inspector The election officers were sworn to the faithful performance of their duties. The polls were declared open in each precinct at seven o'clock A.M. and remained open until eight o'clock P.M., at which time, after due notice, they were declared closed. 4 (Spec Tow Me - Janu 26, 1981.) Article 11. Presented by Robert B. Kent. (As MOTION: That the Town accept Section 4G of Chapter 40 of the General adopted. Laws. (Chapter 40, Section 4G of the General Laws: ADVERTISING MUNICIPAL CONTRACTS PRIOR TO AWARD. Notwithstanding the provisions of section four B, in any city or town which accepts the provisions of this section, unless other- wise provided by by-law or special law in towns and districts, no contract for the purchase of equipment, supplies or materials, the actual_ or estimated cost of which amounts to four thousand dollars or more, except in cases of special emergency involving the health or safety of the people or their property, shall be awarded unless proposals for the same have been invited by advertisement in at least one newspaper, if any, published in the town or district, otherwise in at least one newspaper of general circulation in the town or district, such publication to be at least one week before the time specified for the opening of said proposals. Such advertisement shall state the time and place for opening the pro- posals in answer to said advertisement, and shall reserve to the town or district the right to reject any or all such proposals. All such proposals shall be opened in public. No bill or contract shall be split or divided for the purpose of evading any provisions of this section. Materials purchased by any town, under specifi- cations of the department of public works, and at prices established by said department of public works, pursuant to advertising and bidding for such purpose, in connection with work to be performed under_ the provisions of chapter eighty -one or chapter ninety, shall not be subject to the requirements of this section. The provisions of this section shall apply to regional.. school districts. The provisions of this section shall not be construed to prevent the purchase of supplies for municipally operated hospitals without advertised public bids under group purchasing contracts with any agency which has been certified for this purpose by the director of accounts in the bureau of accounts, provided that such contracts are filed with the town accountant or city auditor. The name and address of every person whose contract or contracts with the town involve a cumulative cost in excess of four thousand dollars during the fiscal year of said town shall be posted in the office of the town clerk by the town accountant of said town. The provisions of this section shall be deemed to have been complied with on all purchases made under the provisions of sections twenty -two A and twenty -two B of chapter seven when one municipality acting on behalf of other municipalities complies with the provi- sions of this section, or when purchases are made from a vendor holding a contract with the commonwealth for the item or items being purchased. Whoever violates any provision of this section shall be punished by a fine of not more than ten thousand dollars or by imprisonment in the state prison for not more than three years or in a jail or house of correction for not more than two and one -half years, or by both such fine and imprisonment; and in the event of final con- viction, said person shall be incapable of holding any office of honor, trust or profit under the commonwealth or under any county, district, or municipal agency.) Motion, as presented by Mr. Kent, carried unanimously. 9:17 P.M. Article 12. Presented by Robert B. Kent. (Approved by Atty. Gen., MOTION: That Section 1 of Article XXII of the General By -Laws of May 6, 1981. the Town of Lexington be amended by striking out "$2,000" each Published in time it appears and substituting therefor "$4,000 ". Lex. Min. Man May 21 & 28, Carried Unanimously_ 9 :18 P.M_ 1981.) (Special Town Meeting - January 26, 1981.) Article 7. Moderator, Lincoln P. Cole, Jr. took the floor and moved that this article be indefinitely postponed. Carried Unanimously. 9:02 P.M. Article 8. Presented by James F. Crain. MOTION: That the Board of Selectmen be authorized to enter into a contract with the Town of Arlington whereby that town would provide computer services in connection with data processing operations, including water department billing. Carried Unanimously. 9:04 P.M. Article 9. Presented by Alfred S. Busa. MOTION: That the Town Manager_ be and he hereby is authorized with the approval of the Board of Selectmen to dispose of surplus Department of Public Works equipment, including the Bomag Compactor, valued in excess of $1,000. Carried Unanimously. 9:07 P.M. Article 10. Presented by William J. Dailey, Jr. MOTION: That the first paragraph of Section 5 of Article XIII of the General By -Laws of the Town of Lexington be amended as set forth in this Article. (Article 10 as set forth in this article: To see if the Town will vote to amend the first . paragraph of Section 5 of Article XIII of the General By -Laws of the Town of Lexington relating to the Appropriation Committee by striking it and sub- stituting therefor the following: The Committee shall prior to each annual town meeting for the transaction of business prepare, publish and distribute by making copies available at the Office of the Town Clerk and at Cary Memorial Library, and by mailing to each town meeting member, a budget showing in detail the anticipated income and expenditures of the Town for the then current year, together with its advice and recommendations with reference to the various appropriations of the town funds, and other municipal matters coming before such town meeting. This publication may be combined with and distributed at the same time as the Capital Expenditures Committee Report. or act in any other manner in relation thereto.) Motion, as presented by Mr. Dailey, declared carried by voice vote. 9:14 P.M. Article 10 as adopted: MOTION: That the first paragraph of Section 5 of Article XIII of the General By -Laws of the Town of Lexington relating to the (As Appropriation Committee be amended by striking it and substituting ..... adopted) therefor the following: _. (APPROVED The Committee shall prior to each annual town meeting for the by Atty. transaction of business prepare, publish and distribute by Gen., May 6, making copies available at the office of the 'Town Clerk and at 1981. Cary Memorial Library, and by mailing to each town meeting member, Published a budget showing in detail the anticipated income and expendi- Lex. Min. tures of the Town for the then current year, together with its Man., May advice and recommendations with reference to the various appro- 14 & 21, priations of the town funds, and other municipal matters coming 1981.) before such town meeting. This publication may be combined with and distributed at the same time as the Capital Expenditures Committee Report. Carried by voice vote. 9:14 P.M. 2 (Special Town Meeting - January 26, 1 981.) Article 2. Mrs. Miley explained that workmen's compensation is not available for (Cont.) fire personnel and that there is additional overtime. The increase in fuel costs has put a burden on the street lights budget and the Shade Tree Expenses request is due to the attack of the gypsy moths. 8:31 P.M. Winifred L. L. Friedman asked what the money was to be used for in the Shade Tree Expenses. Mrs. Miley answered that because of the trouble last year with the gypsy moths that they must attack early this year and this is thought of as an emergency. 8:33 P.M. Responding to a question raised by Paul Riffin, Mrs. Miley said that Dipel would be used. 8:33 P.M. Paul E. Mazerall, Supt. of the Park Department, explained that during -•� 1980 two applications of Dipel were used. It is planned to hit the same areas again this year using two spray tanks. Cold weather_ has no effect on the egqs as it only makes them harder. 8:37 P.M. In response to a query by Patricia K. Hagedorn, Mr. Mazerall said that Precinct One would be included. Motion, as presented by Mrs. Miley, carried by voice vote. 8 :46 P.M. Article 3. Presented by James F. Crain. MOTION: That the sum of $120,000 be appropriated in addition to the amount appropriated under Article 4 of the warrant for the 1980 annual town meeting, for the following line items, to fund costs included in the collective bargaining agreement reached between the Town and the International Brotherhood of Police Officers, Local #377, and that such amount be transferred from the Excess and Deficiency Account: 3770 Police Collective Bargaining Unit - Personal Services $116,000 3800 Police Department Expenses $ 4,000 .:ate Carried Unanimously. 8:51 P.M. Article 4. Presented by Margery M. Battin. MOTION: That the sum of $35,000 be appropriated, in addition to the amount appropriated under Article 26 of the warrant for the 1979 annual town meeting, to construct, equip and furnish an addition to the existing cemetery building, and that such amount be transferred from Excess and Deficiency Account. Carried by voice vote. 8:54 P.M. Article 5. Presented by Alfred S. Busa. MOTION: That the sum of $18,000 be appropriated for plans and specifications for reconstructing and making extraordinary repairs to Cary Memorial Library, and that such amount be transferred from Overlay Surplus. Carried by voice vote. 8:57 P.M. "1 Article 6. Presented by Robert B. Kent. MOTION: That the sum of $20,000 be appropriated for legal fees in connection with judicial proceedings arising out of the construction of the addition to Cary Memorial Library, and that such amount be transferred from the Excess and Deficiency Account. Carried Unanimously. 9:01 P.M. Stephen W. Doran, 16 Village Circle, resigned on January 9, 1981 as a Town Meeting Member from Precinct One. As Lexington's Representative to the General Court, elected November 4, 1980 and sworn to the faithful performance of his duties on January 8, 1981, Mr. Doran is now a Town Meeting Member At Large in accordance with Chapter 215, Section 3 of the Acts of 1929. Nicholas A. Ruocco, 45 Fottler Avenue, received the next highest number of votes as a defeated candidate for Town Meeting Member from Precinct One at the Annual Town Election held March 3, 1980. As of January 14, 1981 Mr. Ruocco accepted the position of Town Meeting Member from Precinct One to fill the vacancy caused by the resignation of Mr. Doran. This term will expire in March 1981 at the next Annual Town Election. SPECI TOWN MEETING HELD JANUARY 26, 1981 (For Warrant - See Warrant file) The meeting was called to order in Cary Memorial Hall at 8:08 P.M. by the Moderator, Lincoln P. Cole, Jr. There were 174 Town Meeting Members present. The invocation was offered by Rev. Martin U. McCabe, Pastor of the Sacred Heart Church. 8:10 P.M. The Town Clerk, Mary R. McDonough, read the warrant for the meeting until further reading was waived. 8:12 P.M. The Town Clerk read the Constable's Return of the warrant. 8.12 P.M. Article 1. At the request of Board of Selectmen Chairman, Mary W. Miley, the Town Manager, Robert M. Hutchinson, Jr. was recognized. Mr. Hutchinson gave an explanation on the estimated FY82 budget and tax rate and the effect that Proposition 2 1/2 will have on the budget. 8:28 P.M. William J. Dailey, Jr., Vice Chairman of the Appropriation Committee, moved that the report of said committee be accepted and placed on file. Carried Unanimously. 8:28 P.M. Article 2. Presented by Mary W. Miley. MOTION: That the sum of $95,000 be appropriated to be used in (AS conjunction with money appropriated under Article 4 of the warrant adopted) for the 1980 annual town meeting for the following line items, and that such amount be transferred from the Excess and Deficiency Account (Free Cash): 1125 Fire & Police Medical Expenses $10,000 4120 Fire Department Collective Bargaining Unit - P.S. $20,000 5600 Street Lights Expenses $45,000 6100 Shade free Expenses $20,000 8:30 P.M.