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Home My WebLink About1991-03-04- to 1991-05-22-ATM-min 4j5() 1991 ANNUAL TOWN MEETING MARCH 2_5_, 1991 The meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., in Cary Memorial Hall. A quorum was present. 8:00 p.m. The invocation was offered by Reverend Chris Haydon, Trinity Covenant Church. A moment of silence was observed in memory of longtime Town Meeting Member James McLaughlin. 8:07 p.m, The Town Clerk, Bernice H. Fallick, read the Warrant until waived- The Town Clerk read the Constable's Return of the Warrant. The Moderator outlined procedures and conduct of the Meeting. Iris Wheaton, TMMA, announced that copies of the School Budget were available for anyone who had not already obtained one. ------------------------------------ ARTICLE 2. REPORTS OF COMMITTEES The Moderator explained that this article would remain open throughout the Meeting. 8:16 p.m. Jane Pagett, Chairman of the Appropriation Committee, moved that the report of the Appropriation Committee be accepted and placed on file. Following a voice vote at 8:16 p.m., the Moderator declaredthe report to have been accepted and placedon file. Mrs. Pagett commented on the report. ! 1 8:22 p.m, Karen Dooks, Chairman of the Capital Expenditures Committee, movedthat the report of the Capital Expenditures Committee be accepted and. placed on file. Following a voice vote at 8:22 p.m., the Moderator declared. the report to have been accepted and placed. on file. Mrs. Dooks reported. further. 8:26 p.m. Carolyn Wilson, P2, moved that the report of the Cary Lecture Committee be accepted andplaced. on file. Following a voice vote at 8:26 p.m. , the Moderator declared the report to have been accepted and placed on file. The Moderator recognized. Raymond Culler who presented the report for the Committee. 8:31 p.m. Martha. Wood, Chairman of the Planning Board, urged members to pick up the Planning Board. Report which was currently available. 8:32 p.m. Jacquelyn Smith, Chairman of the Board of Selectmen, congratulated the Moderator on the occasion of her birthday. Mrs. Smith moved. that the report of the Town Manager be accepted. and. placed on file. Following a voice vote at 8:34 p.m. , the Moderator declared the report to have been accepted and placed on file. Richard, White, Town Manager, presented his report. 8:47 p.m. The Town Manager asked the Moderator to recognize John Ryan, Comptroller, who moved that his report be accepted and. placed , on file. Following a voice vote at 8:47 p.m., the Moderator declared. the report to have been accepted. and placedon file. Mr. Ryan presented an overview of enterprise funds. ------------------------------------ ARTICLE 3. APPOINTMENTS TO CART LECTURE SERIES MOTION: That a committee of three be appointed, by the Moderator to have the charge of the lectures under the wills passed of Eliza Cary Farnham and Suzanna E. Cary for the current see P. 451 year. A:5 I (1991 ANNUAL TOWN MEETING, CONT.-MARCH 25, 1991) 8:56 p.m. Presented by Selectman Smith. Following a voice vote at 8:56 p.m. , the Moderator declared unanimous passage ------------------------------------ ARTICLE 4. OPERATING BUDGET MOTION: To postpone the following articles to succeed in sequence on Monday, April 22, Articles 4, 5, 12, 14, 22, 25, passed 26, 27, 28. see below 8:57 p.m. Presented by Selectman Smith. Following a voice vote at 8:57 p.m., the Moderator declared unanimous passage. ------------------------------------ ARTICLE 6. Water Operations MOTION: That the sum of $3,653,244 be appropriated to fund the operation of the Water Division of the Department of passed Public Works, and to raise such amount $3,653,244 he transferred from the Water Enterprise Fund. see below 8:58 p.m. Presented by Selectman Smith who gave further explanation. 9:08 p.m. Jane Pagett, Appropriation Committee, recommended favorable action. Following a voice vote at 9:08 p.m., the Moderator declared unanimous passage. ARTICLE 7. Sewer Operations I MOTION: That the sum of $3,449,340 be appropriated to fund the operation of the Sewer Division of the Department of Public Works, and to raise such amount $3,449,340 be passed transferred from the Sewer Enterprise Fund. see below 9:09 p.m. Presented by Selectman Smith. 9:12 p.m. Jane Pagett, Appropriation Committee, recommended favorable action. Following a voice vote at 9:12 p.m. , the Moderator declared unanimous passage. ------------------------------------ ARTICLE 8. Recreation Operations MOTION: That the sum of $773,902 be appropriated to fund passed the operation of the Recreation Department, and to raise such as amended amount $773,902 be transferred from the Recreation Enterprise below Fund. see p.452 9:13 p.m. Presented by Selectman McSweeney who expanded upon Recreation operations and stated the unanimous approval of the Board Reconsidered of Selectmen. p. 472 9:21 p.m. Jane Pagett, Appropriation Committee, recommended Amended favorable action. p. 472 9:21 p.m. Ephraim Weiss, P5, made the following motion: as passed p. 473 that Article 8 be amended as follows: after the words "Recreation Department," add the words: "to include funding for the school playgrounds," Town Counsel Norman Cohen asked Mr.. Weiss for a specific amount / 91ANNUAI TOWN MEETING, CONT, MARCH Z5,19911 which Mr. Weiss stated he did not wish to do. Ronald Colwell, P4, asked for the amount, of revenue of the Recreation Department and Joan Halverson, Recreation Director, responded that 99% of programs generate money. 1 Following a voice vote at 9:26 p.m. which was in doubt, the Moderator calledfor a standing vote which was tallied as follows: Precinct Yes No Abstain. 1 7 8 2 6 10 3 10 5 4 6 11 5 17 1 6 6 7 7 12 3 8 9 7 9 5 14 At large 16 1.1 Totals 94 77 9:31 p.m. The Moderator declared passage of the motion as offered by Mr. Weiss. ------------------------------------ ARTICLE 9. Supplementary Appropriations for Current Fiscal Yea. r (FY01) MOTION: That this article be indefinitely postponed.. IP 9:34 p.m. Presented. by Selectman Marshall. Following an unanimous voice vote at 9:34 p.m., the Moderator dec=laredindefinite postponement. 9:34 p.m, Carolyn Wilson, P2, served Notice of Reconsideration on Article 8, ------------------------------------- ARTICLE 10, Prior Years' Unpaid Bills MOTION: That this article be indefinitely postponed. IP 9:35 p.m. Presentedby Selectman Marshall. Following an unanimous voice vote at 9;35 p.m., the Moderator declared indefinite postponement. ARTICLE 11. Supplementary Appropriations for Authorized. Capital. Improvement Projects IP MOTION: That this article be indefinitely postponed. 0:34 pm. Presented by Selectman Marshall. Following an unanimous voice vote at 9:34 p.m. , the Moderator declared indefinite postponement. (1991 ANNUAL TOWN MEETING, CONT. : MARCH 25,1991 ) ARTICLE 13. Tax Anticipation Borrowing MOTION: That the Town Treasurer, with the approval of the Selectmen, be authorized to borrow money from time to time in anticipation of the revenue for the fiscal year Passed beginning July 1, 1991, and to issue a note or notes therefor, payable within one year, under Gsee below L. c, 44, sec. 4 as amended, and to renew any note or notes as may be given for a period of less than one year, under G.L. r, 44, sec,17 9:34 p.m. Presented by Selectman Dailey. Following a voice vote at 9:35 p.m. , the Moderator declared unanimous passage. ------------------------------------- ARTICLE 15. Conservation Fund MOTION: That this article be indefinitely postponed. IP 9:35 p.m. Presented by Conservation Commission Chairman Joyce Miller. Following an unanimous voice vote at 9:36 p.m. , the Moderator declared indefinite postponement. ------------------------------------- ARTICLE 16. 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 in such accepted or unaccepted streets or other land as the Selectmen may determine, passed subject to the assessment of betterments or otherwise, and see below to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; to appropriate $220,000 for such installation and lining and land acquisition; and to raise such amount $220,000 be transferred from the Water Enterprise Fund. 9:36 p.m. Presented by Selectman Smith® 9:40 p.m. Jane Pagett, Appropriation Committee, recommended favorable action. 9:40 p.m. Nicholas Cannalonga, Capital Expenditures Committee, recommended approval. Following a voice vote at 9:41 p.m., the Moderator declared unanimous passage. ARTICLE 17. Public Works Equipment postponed MOTION That the sum of $150,000 be appropriated for the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works, and to raise such amount passed $150,000 be transferred from the Sewer Enterprise Fund, see p. 456 9:41 p.m. Presented by Selectman Dailey who moved that it be postponed until Wednesday, March 27. Following a voice vote at 9:41 p.m. , the Moderator declared postponement until Wednesday, March 27. -IH5A (l991 ANNUAL TOWN MEETING, CONT. - MARCH 25,1991) ARTICLE 18. Street Improvements MOTION: That the Treasurer with the approval of the Selectmen he authorized to issue Highway Reimbursement Notes of the Town under G.L. c 44, sec. 6, as amended, in passed anticipation of reimbursement by the Commonwealth for highway see below 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 or 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. 9:42 p.m. Presented by Selectman Eddison. 9:46 p® o Jane Pagett, Appropriation Committee, recommended favorable action. 9:47 p.m. Karen Doohs, Capital Expenditures Committee, stated agreement with the Board of Selectmen. Discussion for and against continued with explanations from the Selectmen and Richard Spiers, DPW, Following a voice vote at 9:58 p.m., the Moderator declared unanimous passage. 9:58 p.m, Karen Docks, Capital Expenditures Committee, served Notice of Reconsideration on Article 18. ------------------------------------- ARTICLE 19. Street Acceptance and Construction MOTION: To establish as Town ways and accept the layout of the following Town ways: passed see below Northgate Circle from North Street a distance of 261 feet, more or less, to end; Farm Road from Lillian Road a distance of 501 feet, more or less, to end; Carriage Drive from the existing Town layout a distance of 423 feet, more or less, to end; John Benson Road from Winter Street a distance of 852 feet, more or less, to Carriage Drive; McKeever Drive from Grove Street a distance of 341 feet, more or less, to end. all as laid out by the Selectmen and shown upon plans on file in th,, office of the Town Clerk, dated November 9, 1990, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 10:00 p.m. Presented by Selectman Eddison, There was discussion as to lighting. Following a voice vote at 10:05 p.m. , the Moderator declared passage. 10:06 p.m. Frank Sandy, P6, served Notice of Reconsideration. ------------------------------------- 9S15- t1991 ANNUL TOWN MEETING, CONT. - MARCH 25,J99fl ARTICLE 20. North Lexington Pump Station Replacement MOTION: That the sum of $3,900,000 be appropriated for the purpose of financing the construction and equipping of a replacement sewer pump station and force main and the acquisition by eminent domain, purchase or otherwise of any postponed fee, easement, or other interest in land necessary therefor, including without limitation all costs thereof as defined in passed Section 1 of Chapter 29C of the General Laws; that to meet see p 457 this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $3,900,000 and issue bonds or notes therefor under Section 7 (1) of Chapter 44 of the General Laws and/or Chapter 29C of the General Laws; that such bonds or notes shall be general obligations of the Town unless the Treasurer with the approval of the Selectmen determines that they should. be issued as limited obligations and may be secured by local system revenues as defined in Section 1 of Chapter 29C; that the Treasurer with the approval of the Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust, established pursuant to Chapter 29C and in connection therewith to enter into a loan agreement and/or security agreement with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the project or for the financing thereof; and that the Town Manager is authorized. to enter into a project regulatory- agreement with the Department of Environmental Protection, to expend all funds available for the project and to take any other action necessary to carry out the project. 10:06 p.m. Presented by Selectman Smith who moved postponement to Wednesday, March 27. Following a voice vote at 10:06 p.m. , the Moderator declared postponement to Wednesday, March 27. ------------------------------------- ARTICLE 21. Parking Lot Operation and Maintenance MOTION: That the sum of $90,000 he appropriated for parking lot operation and maintenance in the Town, and that passed such amount be transferred from Parking Funds, see below 10:07 p.m. Presented by Selectman McSweeney. 10:09 p.m. Jane Pagett, Appropriation Committee, recommended favorable action. Following a voice vote at 10:09 p.m., the Moderator declared passage. ------------------------------------- 10:12 p.m. Ephraim Weiss, P5, moved that the meeting be adjourned until Wednesday, March 27, 1991, at 8:00 p.m. , in Cary Hall. Following a voice vote at 10:12 p.m., the Moderator declared the meeting to be adjourned. A true copy. Attest: Bernice H. Fallick Town Clerk March 26, 1991 - resignation - pr. 7 of Winifred L. L. Friedman, 176 Grove Street LR ADJOURNED SESSION - 1991 ANNUAL TOWN MELTING MARCH 27, 1991 The meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m. , in Cary Memorial Hall, A quorum was present. 8:00 p.m. The invocation was offered by Reverend Polly Guild, Feller) Unitarian/Universalist Church. 8:02 p,m. The Moderator declared a Formal. Recess. Nancy Gordon, Pt, introduced the students who had participated in Student Government Day. Selectman Jacquelyn Smith read a proclamation declaring March 13, 1991, as Student Government Day. 8:06 p.m. The Moderator called the Meeting back to order. ------------------------------------- ARTICLE 2. 8:09 p.m, Judith Marshall, Recreation Committee, murad that the report of the Committee be accepted and placed on file. Following a voice vote at 8:09 p.m., the Moderator declared the report to have been accepted and placed on file. Mrs. Marshall asked for recognition of Donald Chisholm, Chairman of the Recreation Committee, who presented the report, 8:20 p.m. Marshall Derby reported for LexHab ------------------------------------- ARTICLE 17, Public Works Equipment MOTION: That the sum of 8150,000 be appropriated for tie' purchase by or with the approval of the Selectmen of equipment for the Department of Public Sorts, and to raise such amount passed $150,000 be transferred from the Sewer Enterprise Fund - see below 8:23 p.m. Presented b Selectman Dailey. 8:25 p.m. Jane Pagett, Appropriation Committee, recommended favorable action. 8:25 p.m. Nicholas Cannalonga, Capital Expenditures Committee, stated approval, Following a voice vote at 8:25 p.m. , the Moderator declared unanimous passage, 8:25 p,m, Karen Dooks served Notice of Reconsideration on Article 17, ------------------------------------- ARTICLE 20 North Lexington Pump Station Replacement MOTION: That the sum of $3,900,000 be appropriated for the purpose of financing the construction and equipping of a replacement sewer pump station and force main and the acquisition by- eminent domain, purchase or otherwise of any passed fee, easement, or other interest in land necessary therefor, including without limitation ail costs thereof as defined in see p. 457 Section 1 of Chapter 290 of the General Laws; that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $3,900,000 and issue bonds or notes therefor under Section 7 (1) of Chapter 44 of the General Laws and/or Chapter 290 of the General Laws; that such bonds or notes shall be general obligations of the Town unless the Treasurer with the approval of the Selectmen determines that they should be issued as limited obligations and may be secured by local. system revenues as defined in Section 1 of Chapter 291'; that the Treasurer with tie approval of the 4/6- t AD °URN ED SESSION,,A.T.M. , CONT. - MARCH 27, 19911 Selectmen is authorized to borrow all or a. portion of such amount from the Massachusetts Water Pollution Abatement Trus established pursuant to Chapter 29C and in connection therewith to enter into a loan agreement and/or security agreement with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the project or for the financing thereof; and that the Town Manager is authorized to enter into a project regulatory agreement with the Department: of Environmental Protection, to expend all funds available for the project and to take any other action necessary to carry out the project. 8:26 p.m. Presented by Selectman Smith who asked the Moderator to recognize a representative rrom Weston and Sampson, consultant-,s to the project. A slide presentation followed. 8: p nu Jane Pa. ett, Appropriation Committee, recommended favorable action. 8:41 p.m. Gloria Holland, Capital Expenditures Committee, stated approval. There were numerous questions as to the route, who was being served, true costs. 9:00 p.m. Jacquelyn Ward, P7, moved the question. Following a voice vote at 9:00 p.m., the Moderator declared passage. Following a voice vote at 9:01 p.m. , the Moderator declared unanimous passage of Article 20. ARTICLE 23 23. Recreation Improvements A. Equipment MOTION: That the sum of $37,000 be appropriated to resurface and reline the Center Playground Track, purchase bleachers and replacement play apparatus, as determined by the Recreation Committee with the approval of the Board of passed Selectmen, and to raise such amount $37,000 be transferred from the Recreation Enterprise Fundsee below 9:01 p.m. Presented by Carolyn Wilson, Recreation Committee. 9:04 p.m. Jane Pagett, Appropriation Committee, recommended favorable action. 9:04 p.m. Karen Dooks, Capital Expenditures Committee, stated approval. 9:04 p.m. Selectman McSweeney stated the unanimous support of the Board of Selectmen. Following a voice vote at 9:05 p.m. , the Moderator declared unanimous passage. ------------------------------------- ARTICLE 24. Pine. Meadows Golf Course Irrigation System MOTION: That the sum of $63,000 he appropriated to purchase a new pump and install it in a secured building at Pine Meadows Golf Course as determined by the Recreation passed Committee with the approval of the Board of Selectmen, and see p.458 that Such amount be transferred from the Recreation Enterprise Fund. 9:06 p.m. Presented by Sam Nablo, Recreation Committee. 9:16 p.m. Jane Pagett, Appropriation Committee, recommended favorable action. 9:1 6 p.m. Nicholas Cannalonga, Capital Expenditures Committee, •-••••----•<-••---••••-••-••••••••••••,••-<•• ••,••• •- •••••r,••••- , '. U,,r .•.• ... ... .-. •.•• a -- , stated approval. 0DJOURNED SESSIONA.T.M. , CONT. - MARCH 27, 19911 9:16 p.m. Selectman McSweeney stated. approval of the Board. There was discussion as to noise and golf course operation. Following a voice vote at 9:25 p.m. , the Moderator declared. unanimous passage. ------------------------------------- ARTICLE 29. Zoning By-Law; Technical Corrections. 9:25 p.m. Edmund. Grant, Planning Board, moved to postpone Articles postponed 29, 31, 32, 34, 35 to Monday, April 1. see p. 464 Following a voice vote at 9:25 p.m., the Moderator declared. P05 tponement. ------------------------------------- ARTICLE 30. Zoning By-Law; Religious, Educational Institutions Edmund Grant movedthat the report of the Planning Board on Article 30 be accepted. and placed on file. •Following a voice vote at 9:26 p.m. , the Moderator declared the report to have been accepted and passed placedon file. see p. 459 MOTION: That the Zoning By-Laws of the Town be amendedas 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, 3.1,4, as follows: "3.1.4 LIMITED EXEMPTIONS FROM ZONING 3.1.4.1 RELIGIOUS, NON-PROFIT EDUCATIONAL INSTITUTIONS The use of land or structures for religious purposes or for educational purposes on land owned. or leased by a religious sect or denomination.or by a. nonprofit educational corporation, as described in Chapter 40A, The Zoning Act, §3, M.G.L. , is permittedas a matter of right in. all zoning districts. Such land or structures are sub- ject to reasonable regulations concerning the bulk andhe of structures, yardsizes, lot, area, setbacks, open space, parking and. building coverage requirements as set forth in this Fry'Lie. in subparagraph. 4.1.2, under the heading "Y YES: Permitted as of right...." by adding an asterisk after the symbol (SPS), at the end, and. by inserting a note at the end of the subparagraph, as follows: "* A religious or Don-profit educational use, as described. in subparagraph 3.1.4,1, is permitted as a. matter of right in a zoning districts," . • . . in TABLE 1, PERMITTED USES AND DEVELOPMENT STANDARDS, by adding at the end of the description. of the permitted use in line 2.42, the following: A_ religious or non-profit educational use, as described in subparagraph. 3.1.4.1, is permitted as a matter of right in all zoning districts.)"; In subsection 12.1.2, which deals with the traffic impacts of uses or developments that have 10,000 or more square feet of floor area for which an SPS is required; by adding a sentence at the end, as follows: "The requirement for a. special_ permit with site plan review (SPS) does not apply to a religious or non-profit educational use, as described. in. subparagraph. 3.1.4.1."; 9:27 p.m* Presented by Edmund Grant. I 159 444 'ADJOURNED SESSION. A.T.M., CONT. - MARCH 27, 19911_ 9:30 p.m. Karsten Sorensen moved that: the motion under Article 30 be amended by deleting the word "reasonable" as it appears in the second sentence of paragraph 3.1.4.1. There was discussion for and against. Following a voice vote at 9:44 p.m. , the Moderator declared the amendment not to have passed. Twenty members stood to doubt the call of the Moderator. The Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 2 12 4 11 3 5 9 4 12 2 5 10 4 6 11 7 11 5 8 11 6 9 7 9 At large 4 16 Totals 68 85 amendment 9:48 p.m. The Moderator declared the not to have passed. Discussion pro and con continued. The Moderator called for a standing vote on the motion offered by Mr. Grant which was tallied as follows: Precinct Yes No Abstain 1 10 4 2 12 4 3 11 2 4 3 13 5 9 6 6 11 4 7 9 6 8 11 5 9 17 1 At large 22 0 Totals 115 45 10:01 p.m. The Moderator declared the motion to have been adopted. 10:05 p.m. iris Wheaton, P7, served Notice of Reconsideration. ------------------------------------- ARTICLE 33. Zoning By-Law; Day Care Centers 10:05 p.m. Jacqueline Davison, Planning Board, moved that the report of the Planning Board on Article 33 be accepted and placed on amended file. Following a voice vote at 10:05 p.m. , the Moderator declared the report to have been accepted and placed on file, see p.461 Passed 10:06 p.m. Mrs. Davison moved that the Zoning By-Laws of the Town see P.462 be amended as set forth in the motion attached to the report of the kr: 69'0 Planning Board on this article. taJOURNED SESSION, A.T.M,J CO - MARCH 27, 19911 MOTIO N That the Zoning By-Law be amended: in Section 2 DEFINITIONS, by adding three new definitions, in the proper alphabetical order, as follows: "DAY CARE CENTER: Any facility operated on a regular basis whether known. as a day nursery, nursery school, kindergarten, child play school, progressive school, child development center, or pre-school, or known under any other name, which receives seven or more children not of common parentage under seven years of age, or under sixteen years of age if such children have special needs, for nonresidential custody and care during part or all of the day separate from their parents; and as further described in Chapter 28A, §9. M.G.L., as amended. (See also FAMILY DAY CARE HOME) "FAMILY DAY CARE HOME: any private residence which on a regular basis, receives for temporary custody and care during part or all of the day, children under seven years of age, or under sixteen years of age if such children hare special needs; provided, however, in either case, that the total number of children under sixteen in a family clay care home shall not exceed six, including participating children living in the residence; and as further described in Chapter 28A, P. M.G.L. , as amended. Family day care home shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives, o the occasional care of children with or without compensation therefor. (See also DAY CARE CENTER)" "SCHOOL AGE CHILD CARE PROGRAM: any program or faciliLy operated on a regular basis which provides supervised group care for children not of common parentage who are enrolled in kindergarten and are of sufficient age to enter first grade the following year, or an older child who is nct move than fourteen years of age, or sixteen years of age if such child has special needs. Such a. program may operate before and after school and may also operate during school vacation and holidays. It provides for a planned daily program of activities •that is attended by children for specifically identified blocks of time during the week, usually over a period of weeks or months; and as further described in Chapter 28A, §9. M.G.L. , as amended. (See also DAY CARE CENTER") in Section 4, TABLE 1, PERMITTED USES AND DEVELOPMENT STANDARDS, in line 2.12, by striking out all of the description and. inserting in place thereof "Day care center (see Definition), school age child care program (see Definition), nursery school, kindergarten"; by striking out each of the symbols for each of the zoning districts and by inserting in place thereof the symbol "Y" for each of zoning districts; by renumbering the existing lines 2.13 through 2.20, and all cross references thereto, to be lines 2.14 through 2.21 respectively; by inserting a new line 2.13, as follows: "2.13 Family day care home (see Definition) for not more than it children" and by inserting the following symbols under the zoning districts indicated: EU CB RS PT RN RDCNCRSCSCLOCROCM YYSPSPSPSPSP" by adding a new subparagraph: '716/ IADJOURNED SESSION, A.T.M. , CONT. - MARCH 27, 1991)_ "3.1.4.2 CHILD CARE FACILITIES The use of land or structures, or the expansion of existing structures, for the primary, accessory or incidental purpose of operating a child care facility is permitted as a matter of right in all zoning districts. Such land or structures are subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. As used in this paragraph, the term "child care facility" shall mean a day care center or a school age child care program, as those terms are defined in Section 2 of this By-Law and as further described in Chapter 25A, §9. M.G.L., as amended. A family day care home (see Definition) for not more than six children is not covered by the partial exemption from zoning regulations afforded by Chapter 40A, §3, The Zoning Act, M.G.L. as amended and is subject to the provisions of this By-Law."; by adding a new subparagraph 7.9.3, as follows: "7.9.3 DETERMINATION OF MAXIMUM FLOOR AREA FOR A STRUCTURE WITH A CHILD CARE FACILITY The floor area of any structure shall be measured exclusive of any portion of such structure in which a day care center or school age child care program (see Definitions) is to be operated as an accessory or incidental use, and the otherwise allowable floor area of such structure shall be increased by an amount equal to the floor area of such child care facility up -to a maximum increase of ten per cent. In any case where the otherwise allowable floor area of a structure has been increased pursuant to the provisions of this section, the portion of such structure in which a child care facility is to be operated. as an accessory or incidental use shall not be used for any other purpose unless, following the completion of such structure, the Board of Appeals shall have granted a. variance, with the written concurrence of the State Office for Children, that the public interest and convenience do not require the operation of such facility. (See also Chapter 40A, §9C, The Zoning Act, M.G.L. as amended for other provisions dealing with child care facilities operated as an accessory or incidental use. )" in Section 2, DEFINITIONS, in the definition of FLOOR AREA, NET, by adding a new subparagraph "f", as follows: "I, areas used for a child care facility as provided in sub-- paragraph 7.9.3®" so that the definition of FLOOR AREA, NET, as amended will read: "FLOOR AREA, NET: The sum, in square feet of the occupiable or habitable area in a buildings, which shall be determined by excluding the following from calculation of gross floor area: . .. ...f. areas used for a child care facility as provided in subparagraph 7.9.3." in subsection 11.3.1 2)c., which deals with the number of parking spaces required for various uses, by inserting the words: "school age child care program," after the words: "Day care center,"; 10:14 p.m. Julian Bussgang, P4, moved: to strike the word "reasonable" in 3.1.4.2 and replace it amendment with the word "By-Law" passed Following a voice vote which the chair doubted, the Moderator called see p.462 for a standing vote which was tallied as follows: t,(07?.. ADJOURNED SESSION, A.T.M., CONT. - MARCH 27, 1991)_ Precinct Yes No Abstain 1 3 10 2 6 3 3 10 5 4 15 2 5 10 4 6 6 8 7 11 4 8 7 8 9 11 7 At, large 0 21 Totals 79 75 10:20 pcAmendment.m. The Moderator stated that offered by Mr. Bussgang passed. Following a voice vote at 10:20 p.m., the Moderator declared unanimous passage of Article 33 as amended. ------------------------------------- ARTICLE 36. Land Transfer/Bates Road Parcel MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the passed Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, and that see below the Selectmen be authorized to transfer, for conservation purposes including outdoor recreation as pro-vided by Section 8C of Chapter 40 of the General Laws, as amended, 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 land shown as Lot 68 on Assessors' Property Map 06. 10:21 p.m. Presented by Selectman Eddison. 10:24 p.m. Joyce Miller, Conservation Commission, supported the transfer. Following a voice vote at 10:25 p.m., the Moderator declared unanimous passage. ------------------------------------- ARTICLE 37. Minuteman Regional Vocational School/House Building MOTION: That the Town approve the construc Lion of one- or two-family dwellings, as determined by the Board of passed Selectmen, for persons of low income bystudents of Minuteman Regional Vocational Technical School District,. see p.463 10:9.7 p.m. Presented by Selectman Marshall. ------------------------------------- 10:29 p.m. William Welch, P2, served Notice of Reconsidel'aLion on Article 36. 10:29 p.m. Robert Whitman, P6, served Notice of Reconsideration on Article 33, I71 (ADJOURNED SESSION, A.T.M. , CONT. - MARCH 27, 19)1) 10:31 p.m. Sam Silverman, P5, offered the following motion: (a)following the words ,two family dwellings," the following be inserted: "for the period (a) failed ending with the Town Meeting of 1993,"; and (b)that the following be added at the end: "The Selectmen shall report to each regular Town (b) failed Meeting on those projects which have been completed, are pending, or are planned." Discussion followed. 10:52 p.m. Robert Whitman, P6, moved the question on the amendment. Following a voice vote as to whether the amendment should be put, the Moderator declared passage. Following a voice vote at 10:54 p.m., the Moderator declared Section (a) not to have passed. Following a voice vote at 10:54 p.m. , the Moderator declared Section (b) not to have passed. Following a voice vote at 10:55 p.m. , the Moderator declared unanimous passage of Article 37 ------------------------------------- ARTICLE 2. Martha Wood, Planning Board, urged members to pick up copies of the Planning Board Reports ------------------------------------- 10:58 p.m. - Jacquelyn Smith, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Monday, April 1, 1991, at 8:00 p.m., in Cary Hall. Following a voice vote at 10:58 p.m. , the Moderator declared the meeting to be adjourned. A true copy. Attest: /44, Bernice H. Fallick Town Clerk March 28, 1991 - resignation - pr. 1 of Frederick H. Hagedorn, 17 Fiske Road 4-:24gra • ADJOURN ;D SESSION - 1991 ANNUAL TOWN MEETING APRIL 1, 19.91 The meeting was called to order by Moderator Margery M. Battiu, at 8:00 p.m. , in Cary Memorial Hall. A quorum was present. 8:00 p.m, The invocation was offered by Reverend Peter Meek, Hancock United Church of Christ. 8:02 p.m. A Formal. Recess was declared. ;u Selectman Paul Marshall read a Proclamation recognizing the servicemen serving in the Persian Gulf and their families. Selectman William Dailey, Friends of the Cary Library, and Vicky Schwartz, Chairman of the Advisory Commit,Lee, recognized Robert Hilton for 25 years of service as Director of the Cary Library. 8:13. p.m. The meeting was called to order. ARTICLE 2. Reports 8:15 p.m, Recreation Committee -Lincoln Street. .Carolyn Wilson moved that the report of 'the Recreation. Committee on Lincoln Park he accepted and placed on file. Following a voice vote at 8:15 the Moderator declared the report, to have been accepted and placed on file. ARTICLE 29. Zoning By-Law; Technical Corrections MOTION: That the Zoning By-Laws of the Town be amended as set forth in t h e motion at.t.ached to tr.h e report o f the Planning Board on this article. 8:19 p.m. Martha Wood, Planning Board, moved that the Report of the Committee be accepted and placed on f.i l c , • Fo1.l.owing a voice vote at 8:19 p.m. , the Moderator declared the report., to have been unanimously accepted and placed on file. 8:20 p.m. Mrs. Wood continued with the explanation of the motion. Article 29 Technical Corrections MOTION That the Zoning By-Jaw be amended in various sections, as follows: passed Amendment 1. -...._A1. in Section 2, DEF f N.I T I ONS, in the definition of STORY, HALF, in t.la e .second sent,ence, by c e l e t;i.n g the words: See p.466 ". . .they arestructurally supported cora the roof rafters and. , ." so �- that, the sentence, NS amended, w i 1 I. read: "Dormers; rrr; be constructed on those exterior walls provided [words deleted] the length of tl- dormer(s) as measured tit l..e; en the lowest bearing points of the dormers(s) in tho r•af't, rsi t the sloping roof does net:, exceed 50 per cent of the length of thea sloping rcf to which i t is attached." Amendment 2 - A2 in TABLE 1 PERMITTED t SES AND DEVELOPMENT STANDARDS, i.ii 1.ine 2.13 by i s <iert;i ti -t.1hi' snail "educational" l'iet:aeen the words "rtisint';ro f i t." and "r.;or't.1orfi t:,i on" $0 t l.itaa t part or the description, as amended, wilt read: "Elementary or secondary school.. . .operated by a religious sect or denomination or a nonprofit y6,) OWJOURNED CONT, - APRIL 1, 1.9911 educational corporation; „." Amendment 3 - A3 in subparagraph 3.6, 1 c, by inserting the words ", . . , if subparagraph 12. 1.2 is applicable, and. . ." before the words "-meeting the requirements set forth in subsection 12.2", so that the paragraph, as amended will read: "c. A traffic analysis, if subparagraph 12.1,2 is applicable, and meeting the requirements set forth in subsection 12.2", Amendment_4 =AA Iii subsection 4.1.2 USE OF SYMBOLS IN TABLE 1, by inserting the following between the words: ". , ,the granting of a special permit with site plan review (SPS);" and "N NO: Not Permitted." "SP: Special. Permit. Required (See Section 3.3) SPS: Special Permit with Site Plan Review Required (See Section 3.4)" so that the subsection, as amended, will read: "The symbols in TABLE 1, PERMITTED USES AND DEVELOPMENT STANDARDS shall have the following meanings: YES: Permitted as of right provided however that all: 1 ) non-residential uses or developments with 10,000 square feet or more of gross floor area, including any existing floor area, but riot including any floor area devoted to residential use or to off-streetparking, or 2) all residential useS or developments with three or more dwelling units, or their equivalent, including any existing dwelling units, are not permitted as of right but are allowed only. upon -- the granting of a special permit with site plan review (SPS); SP: Special Permit Required (See Section 3.3) SPS: Special Permit with Site Plan Review Required (See Sction 3.4) N NO: Not Permitted." Amendment 5 - A5 in subparagraph 4.1.6 PRINCIPAL USES, ACCESSORY USES, by inserting a new second sentence, as follows: "More than one principal use may be allowed on a lot, except where such use is a dwelling as provided in subparagraph 7.1,4, and provided. that each principal use is permitted by Table I and the sum of such principal uses complies with the other requirements of this By7Law."; in the first sentence, by striking out the word "the" in both places where it appears and by inserting in place thereof the word "a" so that the first sentence, as amended will read: "A principal use is a main or primary use of a lot or structure." by having the remainder of 4, 1,6 appear as a separate paragraph; in subparagraph 7,1.4 ONE DWELLING PER LOT by deleting the words: or other principal uses, other than an agricultural use," so that die sentence, as amended will read: "In in EU, RS, or ET dist-,riot, not more than. one dwekling shall 1 erected on a lot unless '..pecifically authorized by othr provisions of this By-Law." Amendment_6 A6 In subparagraph 9.2.11 DIMENSIONAL STANDARDS, WAIVERS, which deals with the flexibility afforded to cluster developments, in c. 2) by: a, by striking out the existing subparagraph Q. 2) in its entirety and by inserting in place thereof essentially the same wording divided into separate clauses; and 44 ,/e; iADJOURNED SESSION,L A.T.M. , CONT, RIL 1, 1991) by adding the words: "in subparagraph 11.4.1 relative to the location of off-street parking spaces and in subsection 11.6 relative to setbacks required for parking spaces and driveways," to appear before the words: all as they may apply to individual dwellings. . ,"; so that, as amended, 9.2.11 c 2) will read: "2) modify the standards: . a) in Table 2 for minimum Lot area, minimum lot frontage, minimum front yard, minimum side yard, minimum rear yard, maximum percentage of site coverage, and maximum height in stories, the provisions of 7.1.4 relative to the number of dwellings on a lot, the minimum lot, width in subsection 7.2.2, in subparagraph 11.4. 1 relative to the location of off-street parking spaces and in subsection 11.6 relative to setbacks required for parking spaces and driveways; all as they may apply to individual dwellings or lots within a cluster subdivision or a special residential development, and b) for the common open space requirements in 9.3.6 for a special residential development only; to such standards as may, in the opinion of the SPGA, be consistent with the design standards and criteria set forth in subparagraph 9.4,8." Discussion and questions and answers continued. Following a voice vote at 8:35 p.m. , the Moderator declared unanimous passage. Article 31. Zoning By-Law; Parking Factors MOTION: That the Zoning By-Laws of the Town he amended as set forth in the motion attached to the report of the Planning Board on this article. 8:35 p.m. Robert Domnitz, Planning Board, moved that the Report of the Committee be accepted and placed on rile. Following a voice vote at R:35 p,m. , the Moderator declared the report to have been unanimously accepted and placed on file. 8:35 p.m, Mr. Domn i tz continued with the explanation of the motion. Article 31 , Parking Factors MOTION That the Zoning By-Law be amended: A. In subparagraph by deleting line 6) b. in its passed entirety and by redesignating the exist ing line 6) c to be 6) b see p.468 B. In subparagraph 11.3.1. : in line 7) a. under the column headed TYPE OF USE, by adding passed the words: "fast food, and other eating establishments not otherwise classified" after the word "Restaurant" so that line see p.468 7) a. , as amended, will read: "Restaurant, last food, and other eating establishments not otherwise classified"; in line 7) a. under the column headed PARKING FACTORS, by striking out "1 per employee plus 1 per 4 seats; in CB 1 per 2 employees plus 1 per G seats" and by inserting in place thereof "1 per 3 seats, or 1/150 ii. I. whichever is greater; in CB 1 per 5 seats, or 1/200 s.f. , 'whichever is greater"; and in line 7) b. under the column headed TYPE OF USE, by deleting r 47 k (ADJOURNED SESSION, A.T.M„CONT, - APRIL 1, 1991 the words: "or fast", so that line 7) b. , as amended, will read: "Take-out food service"; C. In subparagraph 11.3,1in line 7) b. under the column headed amended & TYPE OF USE, which, as amended by part B or the motion, will passed now read: "7) b. Take-'out food service", under the column see below & headed PARKING FACTORS by striking out "1 per employee plus 1 p.468 per 5 linear feet of counter space; in CB 1 per 2 employees plus 1 per 7 linear feet of counter space" and by inserting in place thereof "1 per TO s.f. , or two spaces, whichever is greater; in CB 1 per 100 s.f, or two spaces, whichever is greater" D. In subsection 1.3 AMENDMENTS, by adding a new third sentence, amended as follows: see p. 468 "Any building permit or special permit, which was properlysection as amded issued prior to April 1, 1991, and which might otherwise be did not pass subject to the amendments dealing with off-street parking see p. 468 requirements, which were approved by Article 31 of the 1991reconsidered Annual Town Meeting, shall comply with the Zoning By-Las as it p.476 was in effect in December, 1990," as passed E. In subsection 11,3.2 RULES FOR INTERPRETATION OF SECTIONS p.477 11.3.1 AND 11.3.3, by adding a new subparagraph h. , as follows: "h. In the case where the Board of Selectmen authorises the passed placement or temporary seats on the sidewalk within the see p.468 public right of way of streets within tire CB district in Lexington Center, and such seats could be interpreted to he an increase in the number of seats serving a restaurant or eating establishment, such seats shall not. he counted toward the off-street parking or loading requirements as long as they are seasonal and temporary."; IL was determined that the articles would be discussed separately and sequentially. 8:45 pm. Section A was discussed, 8:46 p.m. Section B was discussed. 8:57 p,m. Section C was discussed. 8:57 p.m, Steven Hurley, P8, offered the following amendment to Article 31, Part C: MOTION: That the subject matter' or Part. C of the motion be re-committed to the Planning Board for re-evaluation amendment to and that the Planning Board submit a new article to a Part C passed future Town Meeting if they deem appropriate. see below Discussion pro and con the motion ensued with the Chamber of Commerce and the SE-lectmen indicating favor, and a majority or the Planning Board against. Following a voice vote at 9:23 p.m. , the Moderator declared passage of the amendment offered by Mr. Hurley. 9:25 p.m, Section D was diseussed, Following a series of questions on Section B, the Moderator declared a recess. 9:50 p.m. The Meeting was called to order. 9:51 p.m. Martha Wood, Planning Board, offered the following r 7 n (ADJOURNED SESSION, A.T.M. , CONT. 7 APRIL t,_1991) motion: that part D of Article 31 be amended by striking out the words "prior to" in the first line and amendment passed by inserting the words "between January 17, 1991, and see below before the words April 1, 1991 Section D as amended so that the first line, as amended, will read did not pass Any building permit or special permit which was see below properly issued between January 17, 1991 and April 1 , 1991". . . (remainder unchanged). reconsidered and passed There was further discussion of the amendment. p. 477 Following a voice vote at 9:56 p.m. , the Moderator declared passage of the amendment offered by Mrs. Wood. Sections were voted upon sequentially and separately. Following a voice vote at 9:56 p.m. , the Moderator declared unanimous passage of Section A, Following a voice vote at 9:57 p.m. , the Moderator declared unanimous passage of Section B. Following a voice vote at 9:57 p.m. , the Moderator declared unanimous passage of Section C as amended. Following a voice vote at 9:58 p.m. which was not unanimous, the Moderator called for a standing vote on Section D as amended which was tallied as follows: • Precinct Yes No Abstain 1 9 5 2 11 5 3 12 3 4 9 8 5 3 11 6 8 3 7 8 8 8 8 7 9 8 8 At large 15 7 Totals 91 65 10:01 p.m. The Moderator declared that Section D as amended did not pass. 10:03p.m. Selectman Leo McSweeney served Notice of Reconsideration of Sections B & D. 10:04 p.m. Robert Domnitz, Planning Board, served Notice of Reconsideration of Section C. David Williams, Planning Board continued the discussion with Section E. Following a voice vote at 10:07 p.m. , the Moderator declared unanimous passage of Section E. • ARTICLE 32. Zoning By-Law; Exemptions for Agricultural Uses MOTION: That the Zoning By-Laws of tie Town he amended as set forth in the motion attached to the report of the Planning Board on this article, 10:08 p.m. David Williams, Planning Board, moved that the Report of 449 r -crrrt ,(ADJOURNED SESSION, A.T,M. , CONT. - APR11 _1991) the Committee be accepted and placed on file. Following a voice vote at 10:08. p.m. , the Moderator declared the report to have been unanimously accepted and placed on file. 10:08 p,m. Mr. Williams continued with the explanation of the motion, Article 32, Exemptions for Agricultural Uses MOTION That the Zoning By-Law be amended: passed in TABLE 1, PERMITTED USES AND DEVELOPMENT STANDARDS, Line 3,13, by see below adding an asterisk after each symbol "SP"; in TABLE 1, PERMITTED USES AND DEVELOPMENT STANDARDS, Line 3.14. by striking out each symbol "N" and by inserting in place thereof the symbol "SP", and adding an asterisk after each symbol "SP" in TABLE 1 , PERMITTED USES AND DEVELOPMENT STANDARDS, subsection 3, entitled AGRICULTURAL, NATURAL RESOURCE USES, by adding at the end of the section the following: * Y, if the use satisfies all-of the requirements for the so-called agricultural exemption in The State Zoning Act, Chapter 40A, Section 3"; in Section 2, Definitions, ROADSIDE STAND, by striking out "not less than half of which (as measured by dollar volume of annual sales) have been produced or grown within Lexington on land owned by the owner of the stand;" so that the definition, as amended, will read: ROADSIDE STAND: The land and the structures thereon for the sale of edible farm products, flowers, fireplace wood, preserve and similar products;" ...Ewords deleted: not less than half of which (as measured by dollar volume of annual sales) have been produced or grown within Lexington on land owned by the owner of the stand; remainder of definition: "no goods except plants, flowers and fireplace wood shall be stored or offered for sale outdoors." Following a voice vote at 10:09 p.m. , the Moderator declared unanimous passage. ARTICLE 34, Zoning By-Law; Pet Grooming Services 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, 10:10 p.m, Presented by Andrew Friedlich, 05. Martha Wood, Planning Board, moved that the Report of the Committee be accepted and placed on file. Following a voice vote at 10:10 p.m. , the Moderator declared the report to have been unanimously accepted and placed on file. Article 34, Pet Grooming Services passed MOTION see p.470 That the Zoning By-Law be amended in Section 1,2, TABLE 1, Permitted Uses and Development Standards, Part [I, Commercial Uses, in sub- section 10, Accessory Uses for Commercial Uses, by inserting a no line, as follows: 0 471170 jAPJOURNEDSESSjON ,,SO_NT,: APE0141, 1991) 16.13, Pet grooming service, incidental to a pet accessory store provided: the pet grooming is conducted entirely within the principal building with no evidence of the existence of the service from the street or any lot line; the grooming service is by appointment only; and no pets are boarded overnight." and under the column in TABLE 1 headed CB, for the Central Business district, by inserting the symbol "Y" and under all other columns in TABLE 1, by inserting the symbol "N". 10:11 p.m. Sandra Rubenstein, owner of Warm Hearts, Cold Noses, continued with the explanation. 10:21 p.m. Mrs. Wood stated that the Planning Board was in favor. There was discussion for and against, There was an indication that, this particular motion had been drafted in a restrictive manner to meet any objections that might be raised, and that the Planning Board would work on a presentation for next year's meeting to address other grooming services outside of this particular one. Following a voice vote at 10:33 p.m. , the Moderator declared unanimous passage. 10:33 p.m. Jacquelyn Smith, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday, April 3, 1991, at 8:00 p.m. , in Cary Hall. Following a voice vote at 10:33 p.m. , the Moderator declared the meeting to be adjourned. A true copy. Attest: Bernice H. Fal lick Town Clerk ADJOURNED,SESSION - 1991 ANNUAL TOWN MEETING APRIL 3„1$91 The meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m. , in Cary Memorial Hall. A quorum was present. 8:00 p.m. The invocation was offered by Reverend Alfred Mattes, Church of Our Redeemer (retired). ARTICLE 2. Reports 8:06 p.m. Martha Wood, Planning Board, noted the supplementary information supplied by the Board on Article 31, Parking Factors, 8:08 p.m. Jacquelyn Smith, Board of Selectmen, reported on the Board's meeting with Senator Havern and the need to postpone the budget articles to wait for possible alternatives. Mrs. Smith made the following motion: that the vote which previously passed under Article 4 to postpone until April 22nd articles 4, 5, 12, 14, 22, 25, 26, 27, and 28, be amended to further postpone said articles until Monday, May 20, 1991,. and that they then be taken up sequentially at that Lime. Following a voice vote at 8:11 p.m. , the Moderator declared postponement to May 20. ; ARTICLE 35. Zoning By-Law; Private Postal Services MOTION That the Zoning By-Law be amended by inserting under Section 4.2, TABLE 1, Permitted Uses and Development Standards, Part B Did not Commercial Uses, a new line 7.27, as follows: pass "7.27 Private postal service" and under the headings indicated, the ee p.472 following symbols: CN CRS CS CB CLO CRO CM N Y 8:12 p.m. Presented by Ronald Colwell, P4. 8:15 p.m. Roger DuPont continued the explanation. 8:28 p.m. Martha Wood moved that the report of the Planning Board on this article be accepted and place on file. Following a voice vote at 8:28 p.m. , the Moderator declared the report to have been accepted and placed on file. Mrs. Wood explained why the Planning Board was opposed to this particular location in the center. There was discussion for and against. ,4,71:7 4'45 (ADJOURNED SESSION, A.T.M. CONT. - APRIL 3„1991) Following a voice vote at 8:44 p.m. which was not unanimous, the Moderator called for a standing vote which was tallied as follows: Precinct Yes No Ab§tD,in 1 2 13 2 8 8 3 1 15 4 2 12 5 3 10 6 1 12 7 5 12 8 3 11 9 2 17 At large 3 21 Totals 30 131 8:47 p.m. The Moderator declared that the motion offered by Mr. Colwell did not pass. ARTICLE 8. Recreation Operations 8:47 p.m. Carolyn Wilson, Chairman of the Recreation Committee, moved Reconsideration of Article 8 as passed. As passed: That the sum of $773,902 be appropriated to fund the operation of the Recreation Department to include funding for the school playgrounds, and Reconsidered to raise such amount $773,902 be transferred from the Recreation Enterprise Fund. Mrs, Wilson explained that without the golf course Recreation Could not exist as an enterprise fund and that the amendment offered by .1r. Weiss which had been passed and whial included funding for school playgrounds should he eliminated. 8:52 p.m. Jane Pagett, Appropriation Committee, stated that the policy and financial implications were as yet undefined and that, the Committee supported the reconsidered motion. 8:53 p.m. The Selectman indicated unanimous support as there was no money in the article and no process in place to carry out the vote of Town Meeting. 8:54 p.m. Ephraim Weiss, P5, stated that he was in favor of reconsideration. 8:55 p.m. John Oberteuffer, School Committee, stated that the Committee supported reconsideration. Following a unanimous voice vote at 8:55 p.m. , the Moderator declared Town Meeting to be in favor of reconsideration. Motion as offered by Mrs. Wilson: that the motion under Article 8 be amended by striking the words "to include funding for the amendment school playgrounds" and by adding at the end the passed words ", and the Recreation Committee and School Committee shall jointly study the possibilities see below of consolidating the maintenance and operation of all town playgrounds and report to the 1992 Annual Town Meeting. Following a voice vote at 8:57 p.m. , the Moderator declared unanimous passage of the amended motion as offered by Mrs. Wilon. (ADJOURNED USSION, A.T,M. , ONT, - APRIL 1,1991) As reconsidered and passed: That the sum of $773,902 be appropriated to fund the operation of the Recreation Department playgrounds, and to raise such amount $773,902 be transferred from the Recreation Enterprise Fund, and the Recreation Committee and School Committee shall jointly study the possibilities of consolidating the maintenance and operation of all town playgrounds and report to the 1992 Annual Town Meeting. 8:59 p.m. Daniel Greenwood, P6, served Notice of Reconsideration on Article 35, Private Postal Services. ARTICLE 38. Muzzey Condominiums Resale MOTION: that this article be indefinitely postponed. IP 8:59 p.m. Presented by Eric Michelson, P5, Following a voice vote at 8:59 p.m. , the Moderator declared unanimous passage. ARTICLE 39. Alternative Streetlighting MOTION: Town Meeting resolves that the Town will aggressively pursue multi-year energy and money- passed saving alternatives with the best full-spectrum streetlighting for energy - efficiency and see p.474 preservation of Lexington's town character, 9:00 p.m. Presented by Fred Rosenberg, P9. Explanation was given by Jonathan Rawle, 9 Woodcliffe Road, 9:15 p.m. Selectman Marshall gave history of the subject, There was considerable discussion as to the types of lights, rental of poles, buy out of electric services; costs. 9:29 p.m. Jane Pagett, Appropriation Committee, stated that a majority or the Committee supported the motion because of longterm cost savings. Those not in favor wanted postponement for more input. 9:35 p.m. Karen Docks, Capital Expenditures Committee, stated that the Committee had received the information late and had not had time to study it. 9:46 p.m. Myla Rabat-Zinn, Chairman of the Lighting Options Committee, stated that there had been much confusion and misinformation and that the Committee Was in favor of the resolution. 9:418 p.m. Town Counsel , Norman Cohen, explained that the motion was a resolution. The Selectmen would listen but that the resolution was hot binding. 9:52 p.m. Renee Cochin, P7, offered a motion to postpone this article until after Article 4, Budget, had been voted. Following a voice vote at 9:53 p.m. , the Moderator declared the motion to postpone as offered by Mrs. Cochin had not passed, Discussion continued. Selectman Marshall emphasized the cost 17/71 LOJOURNED SESSION, A.T.M„SONT, - APRIL 3 199tI savings as the primary object. 10:01 p.m. In answer to a question, Mrs. Kabat-Zinn explained that both lights which were on exhibit were high pressure sodium lights but that the one which the Lighting Options Committee preferred was color corrected. 10:07 p.m. in response to a budget question, Selectman Marshall noted that the $73,000 savings offered by conversion had been assumed in this year's budget article and that the amount would have to be found elsewhere. 10:17 p,m. Paul Hamburger, 05, offered the following motion: Add before the final period "and that Town Meeting recommends that the Board did not pass of Selectmen not have new non-color-corrected see below sodinm vapor light installed." Discussion continued as to aesthetics and money and procedures. 10:24 p.m. Selectman Marshall assured Town Meeting that there would be no light installation before Article 4 was voted at Town Meeting. 10:27 p.m. Margaret Rawls, p 4, moved the previous question on the amendment and main motion. Following a voice vote at 10:28 p.m. , the Moderator declared that the main motion would be put. Following a voice vote at 10:28 p.m. , the Moderator declared that the amendment offered by Mr. Hamburger had not passed, Sufficient members stood to doubt the vote, and the Moderator called for a standing vote which was tallied as C0110WS: Precinct, Yes No Abstain 1 0 14 2 6 10 3 6 11 4 13 5 5 7 8 6 4 4 7 10 8 8 9 6 9 9 10 At large 9 18 Totals 73 94 10:31 p.m. The Moderator declared the amendment offered by Mr. Hamburger not to have passed. Following a voice vote at 10:32 p.m. , the Moderator declared t h e motion offered by Mr. Rosenberg to have passed. 10:33 p.m. Jacquelyn Smith, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Monday, April 8, 1991 , at 8:00 p.m. , in Cary Hall. Following a voice vote at 10:34 p.m. , the Moderator declared the meeting to be adjourned, A true copy. Attest: Bernice H. Fallick Town Clerk ADJOljRFDJU:SSMN - 1901 ANNUAL TOWN_MUTIN APRIL 1991 The meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m. , in Cary Memorial Hall. A quorum was present. 8:00 p.m. The invocation was offered by Reverend Geoffrey Rimositis, First Parish Church in Lexington. ------------------------------------- 8:06 p.m. Andrew Friedlich, P5, urged Town Meeting Members to write in support of level funding from the Commonwealth. ------------------------------------- ARTICLE 40. MG.L. Chapter 148, section 261/Automat i Sprinklers MOTION: That the Town accept Chapter 261 of Chapter 148 of the Massachusetts General Laws. passed see below 8:07 p.m. Presented by Selectman Leo McSweeney who gave further explanation. 8:10 p,m. Martha Wood, Planning Board, stated unanimous support. Following a voice vote at 8:13 p.m. , the Moderator declared unanimous passage. ARTICLE 41. Enhanced 911 Emergency Telephone System MOTION: That the Town accept Chapter 291 of the Acts of 1990. passed see below 8:14 p.m, Presented by Selectman McSweeney who statedthat the Board of Selectmen were unanimous in support, Chief or Police Paul Furdon responded to questions concerning the system. Following a voice vote at 8:21 p.m. , the Moderator declared unanimous passage. ------------------------------------- ARTICLE 42. Amend General By-Laws/Expired Dog License Fee MOTION: That Section 2 of Article XXVIII of the General passed Bv-Laws or the Town of Lexington b amended as set forth in the at see below 8:22 p.m. Presented by Selectman Eddison, Following a voice vote at 8:23 p.m. , the Moderator declared passage. ARTICLE 43 M.G.L. Chapter 32, §900/3/4 Creditable Seer ice Time passed MOTION: That the Town approve the acceptance by ae Lexington Retirement Board of Section 90G 3/4 of Chapter 32 of see below the Massachusetts General Lacs. 8:24 p.m, Presented by Selectman Eddison. 8:26 p.m. Comptroller John Ryan provided further explanation, Following a voice vote at 8:30 p.m. , the Moderator declared passag,. ------------------------------------- iADjOURNED SESSION, A.T.M., CONT. : APRIL 8,j9911 ARTICLE 44. M.G.L. Chapter 308, §5/$10,000 Bid Limit MOTION: That Section 1 of Article XXII of the General By passed Laws of the Town of Lexington be amended as set forth in the article, see below 8:31 p.m. Presented by Selectman Paul Marshall who provided explanation Following a voice vote at 8:33 p.m. , the Moderator declared unanimous passage ------------------------------------- ARTICLE 45. Transfer of Trust Funds MOTION: That the Charles Lyman Reid Fund be transferred to passed the Lexington. Education Foundation. see below 8:34 p.m. Presented by Dan Fenn, P3. The Fund had been established to support education or a chapel at Westview Cemetery. The current amount in the fund is $11,152.55. Mr. Fenn explained that the money would not be used to support ordinary education expenses for which the school budget accounts. 8:41 p.m. Selectman Marshall stated the unanimous endorsement of the Board of Selectmen. 8:42 p.m. David Williams, Trustee of Public Trusts, stated that the Charles Lyman Weld Fund should remain a separate entity within thc, LEF and that the interest only should be used. 8:42 p.m. Julian Bussgang, P4, served Notice of Reconsideration on Article 43, M.G.L. Chapter 32, s.900/3/4 Creditable Service Time. Following a voice vote at 8:44 p.m. , the Moderator declared passage. ------------------------------------- ARTICLE 46. Amend Chapter 215, 8, Acts of 1929/Representative Town Meeting MOTION: That the Selectmen be and they hereby are passed authorized to petition the General Court for an act to amend see below Section 8 of Chapter 215 of the Acts of 1929 as amended as set forth in the article. 8:45 p.m. Presented by Selectman Marshall. Following a voice vote at 8:45 p.m., the Moderator declared unanimous passage. ------------------------------------- ARTICLE 31. Parking Factors 8:50 p.m. Selectman Leo McSweeney moved Reconsideration of Article 31, Section D, which had failed to pass on April 1. reconsidered There was considerable discussion as to the specificity of the section as it applied to the needs and processes of the Food as passed Empor i urn. p.477 Both the Board of Selectmen and the Planning Board supported the Reconsideration. Following a voice vote at 9:04 p.m., the Moderator declared the Meeting to be in favor of Reconsideration. There was considerable discussion pro and con. Robert Bowyer, Planning Director, gave explanation and stated that a majority of the Planning Board supported Section. P as it had been amended on April 1. S4- Vyy LADJOUUNED SESSION, A.T.M.,_CONT. - APRIL 8, 19911 9:39 p.m. Fred Rosenberg, P9, moved the question. 9:39 p.m. Following a voice vote as to whether the main motion should he put, the Moderator declared the main question to be before the Meeting. Following a voice vote at 9:40 p.m. which was not unanimous, the Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 15 0 2 17 3 13 0 1 4 18 1 5 17 6 11 7 13 1 1 8 20 0 9 14 0 At large 25 0 Totals 165 6 9:43 p.m. The Moderator declared passage of Section D. Section 9 as reconsidered and passed: D. , In subsection 1.3 NMENDMENTS, by adding a new third, sentence, as follows: passed "Any building permit or special permit, which was properly issued issued between January 17, 1991, and April 1, 1991., and which might otherwise be subject to the amendments dealing with off-street parking requirements, which were approved by Article 31 of the 1991 Annual Town Meeting, shall comply with the Zoning By-Law as it was in effect in December, 1990." There was considerable discussion as to whether the remainder o those Planning Board articles on which Notice of Reconsideration had been si rv,,,,3d. should be brought up at this time. lii th the Me,,,-7t,i scheduled for rc.sumption in May, procedures for approval by the Attorney General would be delayed as well- Parliamentary and governmental procedures were discussed. 9:48 p.m. John Eddison, Board of Selectmen, moved that the meeting ha ad:-)urneduntil Monday, May 20, 1991, at 8:00 p.m. , in Cary Hall. . „ Discussion of Reconsideration continued. 9:57 p.m. John Hayward, P5, moved the question. Following a voice vote at 9:57 p.m. as to whether the main question should be put, the Moderator declared the motion to adjourn to be before the Meeting. Following a voice vote at 9:58 p.m. , the Moderator declared the meeting to be adjourned until Monday, May 20, 1991, at 8:00 p.m. , in Cary Hall. A true copy. 71/ Attest: Bernice H. Fallick, Town Clerh TOWN MUTING mi_m1911 The meeting was called to order by Moderator Margery M. Battin, at 8:09 p.m. , in Cary Memorial Hall . A quorum was present. 8:09 p.m. The invocation was offered by Reverend Gay Godfrey, Hancock United Church of Christ. 8: 11 p.m. The Moderator declared a Formal Recess so that State Senator Havern could introduce the National Merit Scholarship semi-finalists. 8: 14 p.m. The Moderator called the meeting back to order. ARTICLE 2. REPORTS 8: 16 p.m. Jane Pagett, Appropriation Qommittee, moved that the Supplement to the Report of the Appropriation Committee be accepted and placed on file. Following a voice vote at 8: 17 p.m. , the Moderator declared the report to have been accepted and placed on file. Sheldon Spector commented on the report for Article 26, Miscellaneous School Article. Renee Cochin, Human Services Committee, moved that the Report of the Committee be accepted and placed on file. Following a voice vote at 8: 18 p.m. , the Moderator declared the report to have been accepted and placed on file. Mrs. Cochin commented on the report. 8:27 p.m. Jacquelyn Smith, 'Board of Selectmen, spoke about Lexington's renewed rating at the highest possible level , and recognized Town Manager Richard White and the Town Staff for their efforts, 8:32 p.m. Richard White, Town Manager, stated a current anticipation of a $502,000 reduction in state aid. He mentioned the possibility of a Special Town Meeting in the fall depending upon upcoming state action. If money is not available as currently budgeted, there would be reduced contingencies for all . ARTICLE 4. OPERATING BUDGET 8:42 p.m. Selectman Smith made the following motion: 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 bp provided by such a transfer. Moderator Margery Battin read the following: Schools 1100 Public School-Education 28,342,393 8:42 p.m. Lois Coit, School Committee, reviewed the current operating budget stating that $700,000 exists for , (ADJOURNED SESSION, A.T.M., CONT. - MAY 20, 1991) the remainder of the year as all purchases have been delayed as of this past November. She further explained the budget process and decisions of the Committee. 9:03 p.m. Daniel P. Buss, Jr. , P1 , moved the following: MOTION:That line item #1100 be amended to did not pass read: $28,485,639 see below The Moderator commented that there would be the intent to transfer money from line item 5400 Lexpress later in order to add the necessary amount for this motion. 9:07 p.m. Albert Zabin, School Committee, stated unanimous opposition to the amendment, as did Jacquelyn Smith, Board of Selection. 9: 11 p.m. Jane Pagett stated that the Appropriation Committee, did not support the motion. There was further comment as to the effect on other citizens of the Lexpress reduction, the fact that Town Meeting could not direct the School Committee to spend money in a specific way, and looking towards further overrides of Proposition 2 1/2. Following a voice vote at 9: 19 p.m. , the Moderator declared the motion offered by Mr. Busa not to have carried. The Moderator continued the reading of the budget: 1200 Regional Vocational Technical School 560,515 Assessment 9:24 p.m. Nyles Barnert, Minuteman School Committee, commented that per pupil assessments are higher. The Moderator continued reading the motion: Employee Benefits 2110 Contributory Pension Fund 2,387,752 2120 Non-Contributory Pension 191 ,000 2130 Board of Retirement Expenses 15,000 2140 Insurance 4,330,190 Debt Service 2210 Payment on Funded Debt 1 ,047,800 2220 Interest on Debt 681 ,917 2230 Temporary Borrowing 25,000 2240 Exempt Debt 1 ,756,000 Public Works Department 3000 DPW Personal Services 2,343,352 (Of which $20,000 is to be transferred from the Parking Meter Fund and $250,000 is to be transferred from the Cemetery Trust Funds. ) 3000 DPW General Expenses 2,991 ,710 (Of which $146,000 is to be transferred from the Cemetery Trust Funds. ) and further that the vote under Article 6 of the Warrant for the September 25, 1989, Special Town Meeting authorizing the Selectmen to petition the General Court for an Act to (ADJOURNED SESSION, A.T.M., CONT. - MAY 20, 1991) authorize the Town to establish a Waste. Collection Enterprise Fund is hereby confirmed and renewed. ) 9:35 p.m. Fred Rosenberg, P9, raised the question of street lights. The Town Manager stated the ongoing negotiation with the possibility of buyout. Karen Dooks, Capital Expenditures, stated that buyout after color conversion would be most economical . 9:42 p.m. Nancy Adler, P1 , commented on the need for adoption of the Village Circle area for maintenance needs. 9:47 p.m. Nyles Barnert, P4, commented on the Waste Enterprise Fund portion of 3000. The Home Rule vote needs to be reaffirmed for the legislature to act this year. 9:50 p.m. Lois Coit, School Committee, responded to further questions concerning the School line item. The Moderator continued: Public Safety 4100 Police Department Personal Services 2,474, 134 (Of which $166, 152 is to be transferred from the Parking Meter Fund) .. 4100 Police Department Expenses 256,528 (Of which $3,848 is to be transferred from the Parking Meter Fund. ) Fire Services 4200 Fire Department Personal Services 2,412,530 4200 Fire Department Expenses 156,248 Building & Zoning Inspection 4300 Inspection Department Personal Services 151 ,966 4300 Inspection Department Expenses 4,098 Library Services 5100 Library Personal Services 908, 196 5100 Library Expenses 228,914 5300 Celebrations Committee 9,700 5400 LEXPRESS/Transportation 225,247 (Of which $80,000 is to be transferred from the Parking Meter Fund. ) Health 6110 Health Personal Services 102, 153 6110 Health Expenses 21 ,224 6120 Visiting Nurse & Community Health 7,000 6130 Rabies Clinic 3,249 6140 Animal Control Personal Services 24,242 6140 Animal Control Expenses 5,725 Council on Aging 6200 Council on Aging Personal Services 76,022 6200 Council on Aging Expenses 101 ,532 Veterans 6300 Veterans Administration 19,021 M'74i (ADJOURNED SESSION, A.T.M., CONT. - MAY 20, 1991) 6300 Veterans Expenses 25,670 Human Services 6410 Youth Services - 67,900 6420 Service to Developmentally Disabled 10,670 General Government 7110 Selectmen Personal Services 50,635 7110 Selectmen Expenses 11 ,200 7120 Town Manager Personal Services 188,334 7120 Town Manager Expenses 12,464 Town Manager Jurisdictional 7130 Temporary Help & Overtime 33,000 7130 Clerical Pool 18,450 7130 Fire & Police Medical 35,400 7130 Out of State Travel 5,000 7130 General Professional Services 74,500 7130 Director of Guides 1 ,500 7130 Tuition & Training & Instate Travel 26,500 10: 11 p.m. In response to a question from Cynthia Blumsack, P5, as to what General Profession Services covered, the Town Manger stated the line item covers the annual audit, consulting fees for Conservation Commission and Public Works, and labor counsel . The Moderator continued: 7140 Town Report 6,063 Legislative 7210 Appropriation Committee 920 7220 Miscellaneous Boards & Committees 6,200 and further that the vote under Article 54 of the Warrant for the 1989 Annual Town Meeting authorizing the Selectmen to petition the General Court for an Act to authorize the Town to establish an additional license fee upon any operator of a Community Antenna Television system within its jurisdiction is hereby confirmed and renewed. ) Finance 7310 Comptroller Personal Services 201 ,604 7310 Comptroller Expenses 85,300 7320 Treasurer/Collector Personal Services 112,050 7320 Treasurer/Collector Expenses 13,250 7330 Assessors Personal Services 128,344 7330 Assessors Expenses 5,084 7340 Data Processing 39,000 Staff 7410 Legal Fees 140,000 10: 15 p.m. Richard Canale, P2, made the following passed motion: see p.482 That line item 7410, Legal Fees, be amended to read $150,000 (of which $10,000 is to be transferred from the Unreserved Fund Balance) . Mr. Canale stated that this amount would be used to (ADJOURNED SESSION, A.T.M. , CONT. - MAY 20, 1991) 914%Z 4;',47:7 support opposition by Waltham and Lexington to the proposed postal facilities processing site on the Waltham/Lexington line. There was discussion for and against. 10:28 p.m. Selectman Dailey stated the Board's opposition saying that Town Counsel has familiarized himself with the situation. 10:29 p.m. Jane Pagett, Appropriation Committee, stated that a majority of the Committee recommended favorable action, There was considerable discussion as to the impact of this facility on the quality of Lexington life, traffic, support of Waltham, support of the Conservation Law Foundation. 10:39 p.m. Selectman Marshall stated that this money was being asked of Lexington in order to support Waltham's tax base, He stated that Town Meeting could pass a resolution to show support but that the money was not necessary. Following a voice vote at 10:46 p.m. , the Moderator declared passage of Mr. Canale's motion. The Moderator continued the reading: 7410 Legal Expenses 35,000 7420 Town Clerk Personal Services 102,918 7420 Town Clerk Expenses 2,370 7430 Board of Registrars Personal Services 1 ,806 7430 Board of Registrars Expenses 32, 130 7440 Elections/Town Clerk 22,598 7450 Elections/Selectmen 20,300 Community Development 7510 Planning Dept. Personal Services 107,093 7510 Planning Dept. Expenses 6,600 7520 Board of Appeals Personal Services 23,941 7520 Board of Appeals Expenses 870 7530 Conservation Commission Personal Services 59,461 7530 Conservation Commission Expenses 9,325 7540 Historic Districts Commission 3, 150 Following a voice vote at 10:49 p.m. , the Moderator declared passage of Article 4. 10:49 p.m. Karsten Sorenson, P5, served Notice of Reconsideration on the entire article, 10:50 p.m. Jacquelyn Smith, Chairman of the Board of Selectmen, moved that the meeting be adjourned until , May 22, 1991 , at 8:00 p.m. , in Cary Hall . Following a voice vote at 10:50 p.m. , the Moderator declared the meeting to be adjourned. A true copy. - Attest: Bernice H. Fallick, Town Clerk ) . ADJOURNED SESSION - 1991 ANNUAL TOWN MEETING RAY____22, 1991 The meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., in Cary Memorial Hall, A quorum was present. . 8:00 p.m. The invocation was offered by Reverend Brian Dixon, First Baptist Church. ARTICLE 2. REPORTS 8:07 p.m. Jane Pagett, Appropriation Committee asked the Moderator to recognize Ronald Levy of the committee. Mr. Levy stated that there would be a symposium this fall on budget and fiscal matters. 8:11 p.m. Jacquelyn Ward, Waspam Committee, asked that Matt Foti of the committee be recognized. Mr. Foti spoke of the delivery of a sawmill to Waspam, Nicaragua, and continued efforts on behalf of the residents. 8:14 p.m. Judith Uhrig, Lexington Center Committee, commented on the installation and dedication of benches in the center and the continuation of the fund. ARTICLE 5. Salary Adjustments and Collective Bargaining Settlements MOTION: That $287,612 be appropriated for the ensuing fiscal year, in addition to those authorized under Article 4 of this warrant, to fund cost items (a) included in collective passed bargaining agreements reached between the Town and employee organizations and (b) resulting from such agreements as they see below bear on the Town employee wage an salary plan, and that such amount be raised in the tax levy, ' The amount voted is to be distributed among the personal services accounts as authorized by the Board of Selectmen. 8:17 p.m. Presented by Selectman Smith. 8:20 p,m. Jane Pagett, Appropriation Committee, recommended favorable action. Following a voice vote at 8:20 p.m., the Moderator declared unanimous passage. ARTICLE 12. Reserve Fund MOTION: That the sum of $250,000 be appropriated for the Reserve Fund, and that such amount be raised in the tax levy. 8:20 p.m. Presented by Selectman Dailey. passed 8:22 p.m. Jane Pagett, Appropriation Committee, recommended see below favorable action. Following a voice vote at 8:23 p.m. , the Moderator declared unanimous passage. ARTICLE 14. Unemployment Compensation Fund MOTION: That the sum of $80,000 be appropriated for the Unemployment Compensation Fund, and that such amount be raised passed in the tax levy. see below 8:24 p.m. Presented by Selectman Dailey. (ADJOURNED SESSION, A.T.M., CONT. - Mhy_11,_19.112 8:27 p.m. Jane Pagett, Appropriation Committee, recommended favorable action. Following a voice vote at 8:28 p.m. , the Moderator declared unanimous passage. ARTICLE 22, Underground Tank Testing ' MOTION: That the sum of $20,000 be appropriated to test Town owned underground fuel storage tanks, and that such passed amount be raised in the tax levy, see below 8:28 p.m. Presented by Selectman Smith. 8:30 p.m. Jane Pagett, Appropriation Committee, recommended favorable action. 8:30 p.m. Ronald Grammont, Capital Expenditures Committee, stated approval. Fire Chief Bergeron commented on the technical expertise required to conduct the testing. Following a voice vote at 8:32 p.m. , the Moderator declared unanimous passage. ARTICLE 25. Hazardous Waste Collection MOTION: That the sum of $40,000 be appropriated for a contract with a licensed hazardous wastes transport, storage and disposal company or by other methods to collect and passed dispose of residential hazardous wastes; that such amount be see below raised in the tax levy; and that the Selectmen be authorized to select the contractor and to set user fees and take all other steps necessary to carry out this project. 8:32 p.m. Presented by Selectman Smith. Richard Spiers, DPW, reported on the hazardous waste program. 8:45 p.m. Jane Pagett, Appropriation Committee, recommended favorable action. Following a voice vote at 8:48 p.m. , the Moderator declared unanimous passage. ARTICLE 26. Miscellaneous School Article MOTION: That the sum of $690,000 be appropriated for remodeling, reconstructing and making extraordinary repairs to passed school buildings including the removal of asbestos, for school department equipment, and for engineering services in see p.485 connection with the installation of an elevator at Lexington High School and at Diamond Middle School; that to meet the appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $690,000 under Chapter 645 of the Acts of 1948 as amended or under G,L.c44,§7 as amended; and that the Permanent Building Committee is authorized to take all action necessary to carry out this project; and, in addition, that $21,000 be appropriated for issue expenses and first year debt service ana tha‘c, said Mount be transferred from the Unreserved Fund Balance. 8:48 p.m. Presented by Sheldon Spector, School Committee, (ADJOURNED SESSION, A.T.M. , CONT. - MAY 22, 1991) 9:05 p.m. Jane Pagett, Appropriation Committee, recommended favorable action. 9:06 p.m. Paul Hamburger, Capital Expenditures Committee, stated approval. 9:09 p.m. Paul Marshall, Board of Selectmen, stated opposition indicating the process had been flawed and that it was unwise to commit spending for future years at this time. There was considerable discussion for and against. 9:36 p.m. John Oberteuffer. School ,Committee, stated that a delay to next year would not make things better, that work needs to be done during summer vacations and that the School Committee did not feel the process was flawed. Comments were made as to the continued need for coordination of efforts between the "Town" and the School Department. 9:49 p.m. Fred Rosenberg, P9, moved the question. Following a voice vote at 9:49 p.m. , •the Moderator declared the question to be before the Meeting. The Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 8 5 2 14 3 3 14 2 4 18 1 5 10 4 6 11 4 7 14 * 3 8 10 7 9 11 7 At large 14 8 Totals 124 44 9:53 p.m. The Moderator declared passage. ARTICLE 27. Cary Library Roof Repair, Replacement MOTION: That the sum of $80,000 be appropriated for passed reconstructing and making extraordinary repairs to the roof see below of Cary Memorial Library, and that such amount be transferred from the Stabilization Fund. 9:54 p.m. Presented by Selectman Dailey. 9:55 p.m. Jane Pagett, Appropriation Committee, recommended favorable action. 9:55 p.m. Gloria Holland, Capital Expenditures Committee, stated approval. Following a voice vote at 9:59 p.m. , the Moderator declared unanimous passage. 4'716f-6, 411-3 - MAY 22 1991 ARTICLE 28. Senior High School Field House Roof MOTION: That the sum of $80,000 be appropriated for reconstructing and making extraordinary repairs to the passed Senior High School Field House roof, and that such amount be transferred from the Stabilization Fund. see below 9:59 p.m. Presented by Selectman Smith. 10:05 p.m. Jane Pagett, Appropriation Committee, recommended favorable action. 10;05 p.m. Nicholas Cannalonga, Capital Expenditures Committee, stated approval. There were questions as to previous repairs, the current suit against the vendor, and current repair work, Following a voice vote at 10:08 p.m„ the Moderator declared unanimous passage. 10:09 p.m. Karsten Sorensen, P4, moved Reconsideration of Article 4, line item 3000, the portion containing the resolution: 3000 DPW General Expenses 2,991,710 (Of which $146,000 is to be transferred from the Cemetery Trust Funds.) reconsideration and further that the vote under Article 6 of the Warrant for the Septem:Der.25, 1939, Special Town did not Meeting authorizing the Selectmen to petition the prevail General Court for an Act to authorize the Town to establish a Waste Collection Enterprise Fund is see below hereby confirmed and renewed.) 10:13 p.m. Town Counsel Norman Cohen explained that, as the Legislature had failed to act on a previous vote to authorize an act to petition to allow this type of fund, the vote had to be reconfirmed. At some future time Town Meeting would need to vote to actually establish this enterprise fund, 10:15 p.m. Selectman Smith stated that the Board of Selectmen unanimously opposed Mr. Sorensen's motion to Reconsider. Following a voice vote at 10:18 p.m. , 'the Moderator declared that Reconsideration did not prevail. ARTICLE 47. Use of Funds to Reduce Tax Rate MOTION: That the sum of $2,500,000 be appropriated to reduce the tax levy for the fiscal year beginning July 1, passed 1991, and that s'.:ch amcunt he transferred from the Unreserved Fund Balance. see below 10:18 p.m. Presented by Selectman Smith who stated that with this vote there would be $347,844 balance in the fund. 10:20 p.m. Jane Pagett, Appropriation Committee, recommended favorable action. Following a voice vote at 10:20 p.m. , the Moderator declared passage. 10:21 p.m. Selectman Smith moved that the Meeting be dissolved. Following a voice vote at 10:21 p.m. , the Moderator declared the Meeting to be dissolved. A true copy. // Attest e 6 e Bernice H. Fallick, Town Clerk