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HomeMy WebLinkAbout1993-03-01 to 1993-05-05-ATM-min 415 1993 ANNUAL TOWN MEETING - MARCH 29, 1993 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall , followed by the invocation. A quorum was present. The Meeting observed a moment of silence in memory of members Frederick Frick and John Eddison. Town Clerk Bernice Fallick read the Town Warrant until waived and the Constable's Return. The Moderator stated that Article 42 would be brought up out of order. ARTICLE 42 BIKE PATH MOTION: That the portion of the Minuteman Bikeway that lies within the Town of Lexington be named the Jack Eddison Bikeway and that the Selectmen be and passed they hereby are authorized to petition the General see below Court for an act to commemorate the naming. 8:08 p.m. Presented by Selectman William Dailey, Jr, Following a voice vote at 8:08 p.m. , the Moderator declared unanimous passage, The Moderator outlined, procedures and conduct of the Meeting. ARTICLE 2 REPORTS OF COMMITTEES 8:20 p.m. Selectman Dailey requested that Town Manager Richard White be recognized and moved that the report of the Town Manager be accepted and placed on file. Following a voice vote at 8: 20 p,m. , the Moderator declared the report to have been accepted and placed file. Mr. White presented his report. 8: 36 p.m. Lois Coit presented the report of the School Committee and asked that the Moderator recognize Jeffrey Young, Superintendent of Schools. 8: 59 p.m. Dr. Young commented on the School Budget and the process, 9: 12 p.m, William Dailey, Jr. , Chairman of the Board of Selectmen explained the Board' s viewpoint. 9:21 p.m. George Burnell , Chairman of the Appropriation Committee, moved that the report of the committee be accepted and placed on file. Following a voice vote at 9: 21 the Moderator declared the report to have been annepted and placed file. Mr. Burnell presented the report, 46 (1993 ANNUAL TOWN MEETING, CONT. - MARCH 29, 1993,1 9:27 p.m. Paul Hamburger, Chairman of the Capital Expenditures Committee, moved that the report of the committee be accepted and placed on file. Following a voice vote at 9:27 p.m. , the Moderator declared the report to have been accepted and placed on file. Mr. Hamburger presented the report. ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES MOTION: That a committee of three be appointed by the Moderator to have the charge of the lectures passed under the wills of Eliza Cary Farnham and Suzanna see below E. Cary for the current year. 9:35 p.m. Presented by Selectman Dailey. Following a voice vote at 9:35 p.m. , the Moderator declared passage. ARTICLE 4 OPERATING BUDGET MOTION: That the following amounts be appropriated see for the ensuing fiscal year and be raised in the amendments tax levy except where a transfer is indicated they p.47,p48 shall be provided by such a transfer. p.53 9: 36 p.m. Presented by Selectman Dailey. The Moderator read the following line item: Schools 1100 Public School-Education $29,064,743 There were questions and answers as to the process by which the amount was decided. The Moderator continued: 1200 Regional. Vocational Technical School 681 , 657 9:49 p.m. The Moderator recognized Nyles Barnert who spoke as Lexington's representative to Minuteman Vocational Technical School. There were questions and answers, especially concerning post-graduate assessments. 10:23 p.m. Discussion returned to Line Item 1100. 10:39 p.m. William Dailey, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday, March 31 , 1993, at 8:00 p,m. , in Cary Hall. Following a voice vote at 10:39 p.m. , the Moderator declared the meeting to be adjourned, A true copy. Attest: Bernice H. Fallick, Town Clerk 47 ADJOURNED SESSION_e: 1993 ANNUAL TOWN MEETING MARCH 31 , 1993 The meeting was called to order by Moderator Margery M. Battin, at 8:06 p.m. , in Cary Memorial Hall, followed by the invocation. A quorum was present. The Moderator welcomed students from Mexico and France. 8: 10 p.m. Carolyn Wilson, P2, moved that the report of the Cary Lecture Committee be accepted and placed on file and that the committee be discharged. Following a voice vote at 8: 10 p.m. , the Moderator declared unanimous passage. Mrs. Wilson asked that the Moderator recognize Raymond Culler, Cary Lecture Committee, who presented the report. 8: 16 p.m. The Moderator declared a formal recess. The Moderator and several citizens spoke in praise of Mr. Culler's service and presented him with commemorative gifts, The Moderator appointed Mr. Culler Member Emeritus for Life of the Cary Lecture Committee. 8:25 p.m. The Moderator declared the meeting back in session. ARTICLE 4 OPERATING BUDGET MOTION: That the following amounts be appropriated for the ensuing fiscal year and he raised in the tax levy except where a transfer is indicated they shall be provided by such a transfer. The Moderator returned to the following line item: Schools 1100 Public School-Education $29,064 ,743 There was discussion as to strategic planning, possible future money from the school choice program, and jurisdiction, Employee Benefits 2110 Contributory Retirement 2,228, 728 .2120 Non-Contributory Retirement 160,000 2130 Insurance 5,261 ,507 8 : 53 p.m. Paul Lapointe, Appropriations Committee, outlined the Health Insurance program and the need for further study. 9:04 p.m. George Burnell, Appropriations Committee, made the following motion: that Line Item 2130 be amended to read $4,861 ,507 passed see p.48 Unanimous support of the Selectmen for the amendment was stated while the School Committee stated it had no position. There was discussion as to liability, transfers from the Reserve Fund, and explanations as to process. 413 • (ADJOURNED SESSION, A.T.M. , CONT. - MARCH 31, 199al 9:29 p.m. Ephraim Weiss, P5, stood to offer a substitute motion which would have put the content of Mr. Burnell's motion in the form of a resolution. The Moderator declared Mr. Weiss's amendment out of order. Following a voice vote at 9: 32 p.m. on Mr. Burnell's motion, the Moderator declared passage. Sufficient members stood to doubt the voice vote and the Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 7 8 2 6 11 3 11 5 4 11 7 5 9 6 6 7 7 7 5 8 8 10 8 9 13 6 At large 20 3 Totals 99 69 9:37 p.m. The Moderator declared Mr. Burnell's motion to have passed. The Moderator continued the reading of the line items: 2140 Unemployment Benefits 75,000 Debt Service 2210 Payment on Funded Debt 1,407,250 2220 Interest on Funded Deb586,504 2230 Temporary Borrowing 100,000 2240 Exempt Debt 1 ,591 ,082 There were questions and answers on 2220, 2230, 2240. Operating Articles 2310 Reserve Fund 200,000 passed see below 9:43 p.m. George Burnell, Appropriations Committee, made the following motion: that Line Item 2310 be amended to read $600,000 Following a voice vote at 9:47 p.m. , the Moderator declared passage, of the amendment. 2320 Municipal Salary Adjustments 200,000 (Such sum of $200,000 is appropriated to fund cost items (a) included in collective bargaining agreements reached between the Town and employee organizations and (b) resulting from such agreements as they bear on the Town employee wage and salary plan. The amount voted is to be distributed among personal services accounts as authorized by the Board of Selectmen. 49 (ADJOURNED SESSION, A.T.M. , CONT. - MARCH 31 , 1993) Public Works Department 3000 DPW Personal Services 2,108,019 (Of which $20,000 is to be transferred. from_the Parking Meter Fund and $176,088 is .to be transferred from the Cemetery Trust Funds. ) 3000 DPW General Expenses 3,441 ,916 (Of which $96,436 is to be transferred from the Parking Meter Fund, ) 3600 Water Enterprise 4,409, 932 (And that to raise such amount $4,409,932 be transferred from the Water Enterprise Fund. ) 3700 Sewer Enterprise 6,122,563 (And that to raise such amount $6, 122,563 be transferred from the Sewer Enterprise Fund. ) There were numerous questions and answers as to specifics within the line items, 10:49 p.m. Arthur Smith, P4, moved that the meeting be adjourned until Wednesday, April 7, 1993, at 8:00 p.m. , in Cary Hall, Following a voice vote at 10;49 p.m. , the Moderator declared the meeting to be adjourned. A true copy. / Attest: //, Bernice H. Fallick, Town Clerk • 50 ADJOURNED SESSION - 1993 ANNUAL TOWN MEETING APRIL, 7, 1993 The meeting was caned to order by Moderator Margery H. BaLtin, at 8:06 p.m. , in Cary Memorial Hall, followed by the invocation. A quorum was present, A eulogy was given by Robert Farias in memory of Matthew Santosuosso and a moment of silence was observed, 8: 13 p.m. The Moderator declared a Formal Recess', The Town Celebrations Committee made a presentation on World War II commemorations, 8: 18 p,m. The Moderator called the meeting back to order. The Moderator continued with Article 4 Operating Budget: 8:27 p.m. Joel Adler, Pl , made the following motion: not passed that Line Item #3000 DPW General Expenses be amended see below to read $3,442 , 616 (an increase of $700) Mr. Adler explained his desire to see the island in Village Circle mowed by the town. 8: 29 p.m. William Dailey, Chair, Board of Selectmen, stated that this was a dangerous precedent, and the Board was unanimously opposed. 8: 30 p.m, George Burnell stated the unanimous opposition of the Approori.ations Commt.tee, Following a voice vote at 8: 30 p.m. , the Moderator declared the motion offered by Mr, Adler not to have passed, There were questions and answers as to budget procedures. The Moderator continued: Public Safety 4100 Combined Dispatch Personal Services 167,677 4100 Combined Dispatch Expenses 15,000 1200 Law Enforcement Personal Services 2 , 398,612 (Of which $99, 716 is to be transferred from the Parking Meter Fund, 1200 Law Enforcement Expenses 268,650 (Of which $3 ,848 is to be transrerred from the Parking Meter Fund, l 8 : 58 p.m. Sheldon Spector, P6 , made the following motion: that Article 4 , Line Item 4200 be increased from not passed $2,398,642 to $2 , 103 , 283 see p.51 Discussion followed. 9 :06 p.m. The Appropriation Committee stated unanimous opposition. William Simmons , P6, moved the question, 51 (ADJOtlRNI,P_SESSQN, APRIL_LA__1993) Following a voice vote at 906 p.m. as to whether the question should be put, the Moderator declared the question to be before the Meeting. Following 0 voice vote at 9 :06 p.m. , the Moderator declared the motion offered by Mr. Spector not to have passed. Fire Services 4300 Fire Department Personal Services 2, 631,341 4300 Fire Department Expenses 199,218 There were questions as to privatization of services. Library Services 5100 Library Personal Services 947,669 5100 Library Expenses 223,819 5200 Recreation Enterprise 959,656 (And that to raise such amount $959,655 be transferred from the Recreation Enterprise Flind, ) There were questions and answers concerning enterprise funds and budget procedures. 5300 Celebrations Committee 12,506 5400 LEXPRESS/Transportation 255 ,850 (Of which $80,000 is to be transferred from the Parking Meter Fund. ) Council on Aging 6100 Council on Aging Personal Services 84,726 6100 Council on Aging Expenses 106,468 Veterans 6200 Veterans Administration 19,812 6200 Veterans Expenses 40,455 Human Services 6310 Services for Youth 67 ,800 6320 Service to Developmentally Disabled 10,457 ins.pec_tional_Servic,ps 7110 Building inspection Personal. Services 161, 140 7110 Building Inspection Expenses 4,300 7120 Board of Appeals Personal Services 25, 179 7120 Board of Appeals Expenses 730 7130 Conservation Personal Services 56, 181 7130 Conservation Expenses 6,480 7140 Historic Districts Commission 3, 150 7150 Public Health Personal Ser% ices 95,391 7150 Public Health Expenses 22,984 7160 Nursing Services 7 ,500 7170 Animal. Control/Rabies Clinic Personal Servic25, 398 7170 Animal Control/Rabies Clinic Expenses 9,224 Community Development, 52 fADJOURNED SESSION, A,T,M, CONT. - APRIL 7, 1993) 7210 Planning Personal Services 114,447 7210 Planning Expenses 6,600 General Government 8110 Selectmen Personal Services 30,502 8110 Selectmen Expenses 10,600 8120 Town Manager Personal ServIces 189,758 8120 Town Manager Expenses 14,056 Town Manager Jurisdictional 8130 Temporary Help & Overtime 38,400 8130 Clerical Pool 13,000 8130 Fire. & Police Medical 35,430 8130 Out of State Travel 4,030 8130 General Professional Services 68,010 8130 Director of Guides 1,500 8130 Tuition & Training & instate Travel 31,000 8140 Town Report 4,800 Legislative 8210 Appropriation Committee Expenses 735 8220 Miscellaneous Boards & Committees Expenses 6,075 Finance 8310 Comptroller Personal Services 158,991 8310 Comptroller Expenses 127,777 8320 Treasurer/Tax Collector hcrsonal Services 58,323 8320 Treasurer/Tax Collector Expenses 14,425 And further that the Treasurer and Collector is hereby authorized to enter into compensating balance agreements during fiscal years 1994, 1995 and 1996 , as permitted by General Laws Chapter 44 , Section 53F, And further that the Treasurer and Collector or other department heads, with the approval of the Selectmen, are authorized to enter into contracts to identify and pursue federal reimbursements and other sources of funding for municipal programs and activities as permitted by General Laws Chapter 44 , Section 70, 8330 Assessors Personal Services 136,319 0330 Assessors Expenses 3,75(1 And further that for purposes of Clause 41A of Section 5 of Chapter 59 the maximum qualifying gross receipts amount shall he $40,000. 8340 Data Processing Expenses 37,500 Staff 8410 Legal Fees & Expenses 185,000 8420 Town Clerk Personal Services 103,276 8420 Town Clerk Expenses 2,630 8430 Board of Registrars Personal Services 1 ,825 8430 Board of Registrars Expenses 24, 350 8440 Elections Personal Services 20,922 8440 Elections Expenses 17, 925 Discussion followed as to this year's budget process and 53 I6tTRI S QN A APRIL 7, 1993) the debates which had occurred, 10: 23 p.m, Jay Kaufman, P8 , me the following motion: passed see below The motion under Article 4 shall be amended by inserting at the end thereof the following resolution: Be it resolved that Town Meeting endorses the development of a budget-planning process to include, but not be limited to, the following: 1 A program of community discussions in cooperation with civic, religious, business, school, and other community organizations, to debate and clarify core values and program priorities to guide the town' s budgeting process, 2 Joint meetings of the Board of Selectmen, School Committee, Appropriation Committee, Capital Expenditures Committee, Town Manager and Superintendent to discuss anticipated revenue and expense projections of FY 1996 and for the next 3-5 years, budget priorities given those projections , opportunities for privatization and regionalizntion of services , and areas of consensus or disagreement about both FY 190: programs and long-term goals, and to prepare a report. 3 A TMMA meeting to solicit comments on and reactions to the report. 4 The Selectmen' s and School Committee' s budget to be completed in time for- Appropriation Committee public hearings to explore details of both and to prepare a report exploring options and alternatives for Town Meeting' s consideration. 5 While we encourage ongoing and open communication between the Board of Selectmen and School Committee, to the extent that the two boards do not arrive at consensus about an overall budget, each board should candidly develop and present, the specific adjustments each would recommend to Its part of the budget 1 t ts recommendations on the overnil budget are not adopted by Town Meeting, The Appropriations (Thmmittee should review these alterhcCives arid , ir nccessary, develop additional options and make recommendaHens in advance of Town Meeting. 10:29 p.m, Selectman Dailey stated that the Board supported the spirit of the resolution, Tine Appropriations Committee, the School Committee, and the Capital Expenditures Committee concurred, 10:42 p.m. Fred Rosenberg, P9, moved the question. Following a voice vote at 10 :42 p.m. as to whether the question should he put, the Moderator declared the question to he before the meeting. Following a voice vote at 10:42 p.m. , the Moderator declared the motion offered by Mr. Kaufman to have passed. Following a voice vote at 10:42 p.m. , the Moderator declared Article 4 to have passed unanimously. 54 (ADJOURNED SESSION„ A.T.M. , CONT. - APRIL 7, 1993) 10:42 p.m. George Burnell , Appropriations Committee, served Notice of Reconsideration on Article 4 . 10:43 p.m. Notice of Reconsideration was served on the following line items: James Nicoloro, Pt , 6100 Council on Aging Expenses Carolyn Tiffany, P8 , 8130 Town Manager General Professional Services Karsten Sorensen, P4 , 2130 Insurance Vicky Schwartz, P3, 7170 Animal Control/Rabies Clinic Expenses Eric Michelson, P3 , 4100 Combined Dispatch Personal Services Ephraim Weiss, P5 , 3600 Water Enterprise 3700 Sewer Enterprise 5200 Recreation Enterprise Robert Whitman, P6 2310 Reserve Fund 10:46 p.m. William bailey, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Monday, April 12 , 1993 , at 8:00 p.m. , in Cary Hall. Following a voice vote at 10:46 p.m. , the Moderator declared the meeting to be adjourned. /fl A true copy. / Attest: Bernice H. Fallick, Town Clerk 55 ADJOURNED SESSION - 1991 ANNUAL TOWN MEETING APRIL 12, 1993 The meeting was called to order by Moderator Margery M. Battin, at 8 ;05 p.m. , in Cary Memorial. Hall, followed by the invocation, A quorum was present. --------------------------------- ARTICLE 2 REPORTS 8: 10 p.m, Donald Chieholm moved that the report of the Recreation Enterprise Fund be accepted and placed on file . Following a voice vote at 8: 10 p.m. , the Moderator declared the report to have teen accepted and placed file. Mr. Chisholm presented the report. 8; 22 p.m. Peter Enrich, P4, moved that Article 36 be brought up at this time. Following a voice vote at 8: 22 p.m. , the Moderator declared Article 36 to he before the Meeting. ARTICLE 36 AMEND GENERAL BY-LAWS/BICYCLE HELMETS MOTION: That Section 7 of Article XXV of the not passed Genera l By-Las bramended as set forth i rt the see below article . & p. 56 To see if the Town wil] veto to amend Section 7 of Article XXV of the General By-Laws by adding a new paragraph between the existing second and third paragraphs as follnws; "The operator of any eon-motorieed bicycle under the age of eighteen shall wear a helmet. " After presenting the motion, Mr. Enrich asked the Moderator to recognise the 5th Grade of Fiske School who presented the pros end cons, 8 : 32 p. a. Selectmen McSweeney stated how difficult it was for the Tbard not to support the motion, but that with a now bikeway opening , the timing was not appropriate . 8:40 p.m. Chief of Police Paul Furdon stated that education was lippnnmost over enforcement, 8: 51 pm. Edith Sandy, P6 , moved the following ; Refer this matter to the Board of Selectmen for the passed purpose of eensu Iting with the School Committee , Police see p.56 Department and Bicycle Safety Committee to develop a plan to encourage bieyele helmet use and report back to the 1984 Town Meeting. Following a voice vote at, 8: 52 p.m. , the Moderator declared the matter to have been referred to the Board of Selectmen. Sufficient members stood to doubt the vote, The Moderator called for a standing vote which was tallied as follows: 56 (ADJOURNED SESSION, A,T,M„ CONT. - APRIL 12, 1993 Precinct Yes No Abstain 6 10 2 10 5 3 2 13 4 10 6 5 16 6 II 3 7 12 5 8 8 9 9 13 4 At large 10 12 Totals 98 68 8: 57 p.m. The Moderator declared the matter referred to the Board of Selectmen, _-_______-_--- -------------- ARTICLE 5 SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR ( FY 93 ) passed MOTION: That the sum of $40,000 be see below appropriated to line item 8410 of the current fiscal year' s budget, and to raise such amount $40 ,000 be transferred from receipts reserved for appropriation, 8:59 p.m, Presented by Selectmn Busa. 9:02 p.m. George Burnell , Approplation Committee, stated majority support, Following a voice vote at 9 : 02 p.m. , the Moderator declared passage. - - indefinitely ARTICLE 6 PRIOR YEARS' UNPAID BILLS postponed see below MOTION: That this article be indefinitely postponed, 9:03 p,m, Presented by Selectman Busa. Following a voice vote at 9:03 p.m. , the Moderator declared postponement. ARTICLE 7 SUPPLEMENTAR'Y' APPRGPINATTONS FOR AUTHORIZED CAPITAL IMPROVEMENT PROJECTS MOTION: That this article be indefinitely indefinitely postponed, postponed see below 9 :03 p.m. Presented by Selectman Busa, Following a voice vote at 9 :03 p.m„ the Moderator declared unanimous Passage, 57 LADjORNED SESSION, A.I,M. , CONT, - APRIL 12, 19931 ARTICLE 8 WATER MAINS MOTTON: That; the Selectmen be and they hereby ere authorised to install new or replacement water mains and line and reline water mains in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, and passed see below to take by eminent domain, purchase or otherwise acquire any fee, easement or other Interest in land necessary therefor; to appropriate $1 ,190 ,000 for such installation and lining and land acquisition; and to raise such amount $1 , 190 ,000 be transferred from the Water Enterprise Fund, 9:04 p,m, Presented by Selectman Smith who outlined the specific. streets, 9:08 p.m. Paul Lapointe , Appropriation Committee, stated the Committee' s desire to propose an alternate method of financing. 9;13 p,m, George Burnell , Appropriation Committee, presented the following SUBSTITUTE MOTtON: 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 not passed Selectmen may determine , subject to the assessment of see below betterments or otherwise , and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; to appropriate $1 , 190 ,000 for such installation ad lining and land acquisition; and to raise such: amount $250,000 he transferred from the Water Enterprise Fund and the Treasurer with the approval of the Selectmen is aetheried to borrow $940 ,000 under G.L. s.8 (51 ; and that the Selectmen are authorised to apply for, aceept, expend , and borrow in anticipation of federal and state aid for such projects. 9 1.3 p.m. The Board of Se ( dtmen and the Capital Expenditures Committee expressed support, Biscession followed , 9: 27 p.m. Fred Rosenberg, P9, moved the question. Following a voice vote at 9:27 p.m. , the Moderator declared the question to be before the Meeting. Following a voice vote at 9: 27 p.m. , the Moderator declared that substitution did not prevail. Following a voice vote at 9:28 p.m. , the Moderator declared passage of the motion offered by Selectman Smith. ------------------------------------- , ,„ 58 (ADJOURNED SESSION, A.T,M. , CONT. - APRIL 12, 1993 ) ARTICLE 9 PUBLIC WORKS EQUIPMENT MOTION: That the sum of $145,218 be appropriated for the purchase by or with the passed approval of the Selectmen of equipment for the see below Department of Public Works, and to raise such amount $65 , 218 be raised in the tax levy and $40,000 be transferred from the Water Enterprise Fund and $40,000 from the Sewer Enterprise Fund, 929 p.m. Presented by Selectman McSweeney, 9: 31 p.m, Richard Spiers, DPW, presented additional information, 9: 34 p.m. Ronald Grammont, Capital Expenditures Committee, stated unanimous approval. 9:35 p.m, Paul Hamburger, Capital Expenditures Committee, served Ncqice of Reconsideration on Article 8 Water Mains, 9:39 p.m, Paul Hamburger made the following motion: to amend the motion under Article 9 by adding at, the end the following : "Further, it is resolved that: not passed If by the start of the Annual Town Meeting of 1994 the see below Board of Selectmen is required to reallocate from various fiscal year 1994 accounts less than $179,000 to support the school budget, then the Board of Selectmen sha1i recommend allocation to the purchase of Public Works vehicles ( from fiscal 1994 budget accounts to he determined by the Board) the lesser of $107 , 782 C)r The amount by which the school reallocation is less than $179,000, 9:41 p.m, Selectman Dailey statelthe Board's opposition. 9:45 p.m. George Burnolt , Appropriation Committee, stated majority opposition, Following a voice vote at 9: 53 p.m. , the Moderator declared the motion offered by Mr. Hamburger not adopted. 9: 53 p.m. George Burnell , Appropriation Committee, stated majority support on Liii' original motion, 9: 53 p.m. Selectman McSweeney stated unanimous support of the Board, Following a voice vote at 9: 54 p.m. , the Moderator declared unanimous passage. 9: 58 p.m. Paul Hamburger, Capital Expenditures Committee, served Notice of Reconsideration on Article 9, 59 (ANOURNED SESSION, A.T,N, CONT, - APRIL 12, 1993) ARTICLE 10 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 anticipation of passed 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 not,—, issued for a shorter period than two years may be refunded by the issue of new notes maturing within two years from the date of the original obligation , and that the Selectmen are authorized to accept highway funds from all sources including the $500,000 allocated under Chapter 33 of the Acts of 1991 which are hereby appropriated for highway purposes, 9: 54 p.m. Presented by Selectman McSweeney. 9 : 58 p,m, (;eorge Burnelt , Appropriation Committee, stated unanimous support, 9: 58 p.m, Ronald Grammont, Capital Expenditures Committee, stated unanimous approval . Following a voice vote at 10:01 p.m. , the Moderator declared unanimous passage. 10:01 p,m, Paul Hamburger, Capital Expenditures Committee, served Notice of Reonsideration or: Article 10. ARTICLE 11 SANITARY SEWERS MOTION: That the Selectmen be and they hereby are authorized to install sewer mains and sewerage systems in such accepted or unaccepted streets or other land as the Selectmen may determine , subeet to the assessment of heLtermonls or otherwise, in accordance with passed Chapter 501 of the Acts of 1897, and acts in see below addition thereto and amendment thereof, or otherwise , and to take by eminent domain, purchase or otherwise acquire any fee , easement or other interest in land necessary therefor; to appropriatc ['or sari: installation and land acquisition the num at' s2 10,000 and to raise such amonnt, $210 , 000 he transferred from the Sewer Enterprise Fund; and to authorize the Selectmen to apply for, accept, expend and tier row in anticipation of federal and state aid for such sewer project'i. 10: 01 p, m. Presntd ba Selectman Smith who stated the unanimous suoport of the Board , 10:04 p.m, George Burnell , Appropriation Committee, stated unanimous support. 10:01 p.m. Ronald Orammont , Capital Expenditures Committee , stated unanimous support. 60 LAPJOURNED _aaSION, A,T.M„ CONT, - APRIL 12, 1993) Following a voice vote at 10 : 07 p,m. , the Moderator declared unanimous passage. 10:07 p.m. Paul. Hamburgel Capital Expenditures Committee, served Notice of Reconsideration on Article 11 . ARTICLE 12 INFILTRATION REMOVAL ,MOTION: That the sum of $350,000 be appropriated for the construction or reconstruction of sewers, sewerage systems and sewage disposal facilities, consisting of passed infiltration/inflow improvements; that, to meet see below this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $350 ,000 under G,L. c.44, §7( 1 ) ; that the Treasurer with the approval of the Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts Water Resources Authority ( "MWRA" ) and in connection ° therowith to enter into a loan agreement and/or security agreement with the MWRA with respect to such loan; and that the Selectmen he authori7,?(1 to contract for and expend any federal, state or other aid available for the project, including any grant related La such project from the MWRA. 10:08 p.m. Presented by Selectman Smith. 10: 10 p.m. George Burnell, Appropriation Committee, stated unanimous support, 10: 10 p.m. Ronald Grammont, Capital Expenditures Committee, stated unanimous approval, Following a voice vote at 10: 11 p.m. , the Moderator declared unanimous passage , 10: 11 p.m, Paul Hamburger, Capital Expenditures Committee, served Notice or Reconsideration on Article 12. ARTICLE 13 INTERMUNICIPAL AGREEMENT WITH BEDFORD MOTION: That t'le Selectmen be and they passed are hereby authorized to enter into an see below agreement with the Town of Bedford to furnish water through facilities located in Lexington and to petition the General Court for an act to permit such an agreement for a period of up to ninety-nine years , 10: 11 p.m, Presented by Selectman Dailey who stated the unanimous support or the Beard . There was consderable discussion as to termination conditions, liability, compensation, 10:34 p.m. Frank Sandy, P6, moved the question. Pollowing a voice vote at 10: 34 p.m. , the Moderator stated the question to be herere the Meeting. 61 LADJOURNED SESSION, A,T.M.,_ CONT, - APRIL la,4_ 19.9,11 Following a voice vote at 10' 35 p.m. , the Moderator declared passage, 10:35 p.m, George Burnell served Notice of Reconsideration on Article 13. ARTICLE 14 NESWC MOTION: That this article be indefinitely postponed. indefinitely 10: 35 p.m. Presented by Selectman Smith. postponed see below Following a voice vote af-, 10;35 p.m. , the Moderator declared passage , --- - --- - - ------------ 10: 35 p,m. William Dailey, Chairman of the Board of Selectmen, moved that the meeting be adjourned until , April. 14 , 1953, at 8:00 p,m„ in, Cary Hall. Following a voice vote at 10 !:15 p.m. , the Moderator declared the meeting to he adjoirned. A true copy. Attest: Bernice R. Fallick, Town Clerk 62 ADJOURNED SESSION - 1993 ANNUAL TOWN MEETING APRIL 14,_1993 The meeting was called to order by Moderator Margery M. Battin, at 8:05 p.m. , in Cary Memorial Hall, followed by the invocation. A quorum was present. ARTICLE 30 ZONING BY-LAW/RO TO RD, LOWELL STREET MOTION FOR ARTICLE 30 RD AMENDMENTS, LOWELL ST. That the Zoning By-Law of the Town of Lexington be amended by changing the zoning district designation from did not the RO, One Family Dwelling, district to RD, Planned pass Residential district, of land on the northeasterly side see p.66 of Lowell Street near the intersection of Lowell Street and North Street. The land to be rezoned consists of a site containing reconsidered approximately 5. 1 acres now located in an RO, One Family p.77 Dwelling District and bounded Westerly by Lowell Street; as passed Southerly by land now or formerly of the following: p.78 Solomos, Morascio and Rizza; Easterly by North Street and the Lexington-Burlington town line and northerly by land now or formerly of Arlington Village Associates. Said property is more fully described in metes and bounds by a plan entitled "Plan of Land in Lexington, MA for Proposed Rezoning" dated December, 1992 by Larson Associates, Arlington, MA. and by a written metes and bounds description, a copy of which is Appendix A to the Preliminary Site Development and Use Plan, dated January 22, 1993 that is on file with the Planning Board and the Town Clerk, • The Preliminary Site Development and Use Plan for the RD, Planned Residential, district shall be the Plan dated January 22 , 1993 that was filed with the Planning Board and Town Clerk, as required by and in accordance with the requirements of the Zoning By-Law, 8:05 p,m. Presented by Peter Kelley, P4, who outlined the proposal . 8 : 13 p.m. Mr. Kelley asked the Moderator to recognize members of the design team for further exposition. 8:36 p.m. Robert Domnitz, Planning Board, moved that the report of the committee be accepted and placed on file. Following a voice vote at 8 : 36 p.m. , the Moderator declared the report to have been accepted and placed file. Mr. Domnitz presented brie report. He stated majority opposition to Mr. Kelley's motion. 8:44 p.m. Edmund Grant presented the minority report of the Planning Board in favor, 8: 52 p.m, Jacquelyn Smith stated the Board's unanimous support of the zoning change. 8: 57 p.m. Marshall Derby, LexHAB, supported the affordable housing option portion of the plan. 9:00 p.m. Donald Wilson, Housing Authority, stated unanimous support and asked for a roll call at the time of the vote. Enough members stood to support a roll call. 63 (ADJOURNEDSESSION, A.T.M. , CONT. - APRIL 14, 19_931 There was discussion for and against by Meeting members and citizens. 9:30 p.m. Steven Hurley, Design Advisory Committee, stated committee approval. 9:54 p.m. Louise Kava, P9, moved the question. Following a voice vote at 9:54 p.m. , the Moderator declared the motion to be before the Meeting. 9:55 p.m. Mr. Kelley responded to some of the issues which had been raised. The Town Clerk tallied the roll as follows: YES NO ABSTAIN ABSENT PRECINCT 1 Joel A. Adler X Nancy M. Adler John P. Breen X Marsha F. Byrnes X James A. Cataldo X Chaur-ming Chou X Rona G. Cohen X Jean W. Cole X John E. Curry X Joseph J. Dini X Nancy C. Gordon X Sam V. Nablo X Paul Nesbeda X James A. Nicoloro X Barry E. Sampson, X Paul G. Topalian X Robert F. Walton X Ruth J. Walton X James S. Wilson X Albert P. Zabin X Judith L. Zabin X PRECINCT 2 Elizabeth H. Clarke X Eric T. Clarke X John T. Cunha X Robert W. Cunha X Karen A. Docks X Leonora K. Feeney X Ellsworth H. Fisher X Marita B. Hartshorn X John R. Holt X Myla Kabat-Zinn X Paul H. Lapointe X Evelyn S. Lees X Daniel A. Lucas X Michael J. O'Sullivan X Christina J. Welch X Edna M. Welch X William W. Welch, Jr. X William S. Widnall X Alan B. Wilson X Carolyn C. Wilson X Donald D. Wilson X 641, (ADJOURNED SESSION, A.T.M. , - APRIL 14, 1993) YES NO ABSTAIN ABSENT PRECINCT 3 Samuel Berman X John P. Carroll X Robert N. Cohen X Bruce Collier X Don J. J. Cordell X Jacqueline B. Davison X Erna S. Greene X Elizabeth C. Haines X Gloria V. Holland X Paul E. Keane X Jeane K. Krieger X Marjorie K. Madoff X Marilyn K. Mairson X Eric Jay Michelson X Mary Edna Neumeier X Richard L. Neumeier X Adrienne D, Santamaria X Vicky L. Schwartz X Francis W. K. Smith X Ruth P. Souza X Caleb Warner X PRECINCT 4 Lisa A. Baci X Nyles Nathan Barnert X Nancy M. Cannalonga X Nicholas A. Cannalonga X Donald A. Chisholm X Lois J. Coit X L. Gail Colwell X Ronald W. Colwell X Christina F. Coughlin X Peter David Enrich X Katherine G. Fricker X Carol B. Hartman X Peter C. J. Kelley X Margaret F. Rawls X Nicholas Santosuosso X Sandra J. Shaw X Arthur C. Smith X Karsten Sorensen X Ruth S. Thomas X Judith J. Uhrig X Martin K. White X PRECINCT 5 Cynthia L. Blumsack X Howard Cravis X Wallace Cupp X Marjorie M. Daggett X Elaine Dratch X Andrew J. Friedlich X Joseph F. Gilbert, Jr. X JoAnn B, Greene X Paul E. Hamburger X John Hayward X Frank E. Kirkland X Carol A. Liff X Leona W. Martin X Paul Newman X Samuel L. Powers X Sam Silverman X Charles T. Vail X Melinda D. Vinton X 65 • (ADJOURNED SESSION,:.A.T.M„ CONT. - APRIL 14, 1993) YES NO ABSTAIN ABSENT Ephraim Weiss X David G. Williams X Mary Kathryn Wolf X PRECINCT 6 Michael R, Barry X Marshall J. Derby X Peter Diamond X Robert H. Domnitz X Catherine S. England X Edmund C. Grant X Magdalena W. Himmel X Morton G. Kahan X Alan J. Lazarus X David G. Miller X Joyce A. Miller X 1-h Bigelow Moore X John A. Oberteuffer X Jane Pagett X Ronald B. Pawliczek X Edith Sandy X Frank Sandy X Sara F. Schoman X William B. Simmons X Sheldon A. Spector X Robert V. Whitman X PRECINCT 7 Catherine M. D. Abbott X John P. Attanucci X Marsha E. Baker X Neal E. Boyle, Jr. X George A. Burnell X Theodore D. Chaung X Renee T. Cochin X Clark A. Cowen X Robert M. Farias X Audrey J. Friend X Casimir R. Groblewski X Linda Horowitz X Fred H. Martin X Myron L. Miller X John E. Taylor X Jacquelyn H. Ward X Jeanette P. Webb X Iris G. Wheaton X James C. Wood, Jr. X Martha C. Wood X Polly Woodworth X PRECINCT 8 Donald L. Bailey X Richard H. Battin X Susan A. Blieden X Roger F. Borghesani X Elizabeth J. Bryant X Florence E. Connor X Maria Constantinides X Charles M. Cullen X Diana T. Garcia X Ione D. Oaring X Steven J. Hurley X Jay R. Kaufman X Kathleen Vogt Kissel X Alan Mayer Levine X Richard A. Michelson X 66 (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 14, 1993) YES NO ABSTAIN ABSENT Gordon R. Osgood X James A. Osten X Jack Sarmanian X Margaret Schwartz X Dennis Sullivan X Carolyn H. Tiffany X PRECINCT 9 Alice J. Adler X Jane P. Buckley X Richard L. Canale X Margaret E. Coppe X Susan Hastings DelGreco X Elizabeth 13, Eddison X James A. Hester, Jr. X Frank J. Kava X Louis V. T. Kava X Janice A. Kennedy X Eleanor H. Klauminzer X Paul E. Mazerall X Isabel H. Mroczkowski X Janet M. Perry X Richard H. Perry X Simon Prensky X Fred D. Rosenberg X James J. Scanlon X Richard Schaye X Michael E. Schroeder X Doris Poley Traficante X AT LARGE Margery M. Battin X Daniel P. Busa, Jr. X Norman P. Cohen X William J. Dailey, Jr. X Stephen W. Doran X Bernice H. Fallick X Dan H. Fenn, Jr. X Leo P. McSweeney X Jacquelyn R. Smith X TOTAL TALLY OF ROLL CALL VOTE PRECINCT YES NO ABSTAIN ABSENT TOTAL 1 9 10 2 21 2 13 3 5 21 3 11 7 3 21 4 12 5 1 3 21 5 8 10 1 2 21 6 12 6 3 21 7 16 3 1 1 21 8 13 7 1 21 9 11 7 -3 21 AT LARGE 6 3 9 TOTALS Ill 58 6 23 198 10: 19 p.m. The Moderator stated that the motion offered by Mr. Kelley did not pass. 67 (ADJOURNED SESSION, , A.T.M. , CONT. - APRIL 14, 1993) 10:19 p.m. David Williams, Planning Board, served Notice of Reconsideration, 10:21 p.m. Joel Adler, P1 , moved that the meeting be adjourned until Monday, April 26, 1993 , at 8:00 p.m. , in Cary Hall. Following a voice vote at 10:22 p.m. , the Moderator declared the meeting to be adjourned. A true copy. Attest: Bernice H. Fallick, Town Clerk 68 ADJOURNED SESSION - 1993 ANNUAL TOWN MEETING APRIL 26, _ 1993 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall , followed by the invocation, A quorum was present. ARTICLE 15 PINE MEADOWS MASTER PLAN AND RECONSTRUCTION OF HOGE #5 MOTION: That the sum of 850,000 be appropriated to hire a golf course landscape architect passed to prepare a master plan for the golf see below course and prepare plans for the reconstruction of hole #5 at the Pine Meadows Golf Course as determined by the Recreation Committee with the approval of the Board of Selectmen, and to raise such amount 850 ,000 be transferred from the Recreation Enterprise Fund. 8: 10 p.m. Presented by Donald Chisholm, Recreation Committee, 8:23 p.m. Sam Nahid, Appropriation Committee, stated unanimous support, 8: 23 p•m. Nicholas Cannalorga, Capital Expenditures Committee, stated unanimous support, 8: 24 p.m. Daniel Busa, Board of Selectmen, stated the Board's approval . 8: 25 p.m. Sam Silverman, P5 , urged Town Members to abide by the 1978 Resolution on Conflict of Interest when voting. The Moderator stated the decision to vote/not vote was entirely the decision of each member, There was discussion as to the parameters of the plan, 8: 37 p.m. Eric Michelson, P3, made the following motion: the article be amended by inserting the not passed following words "with the exception of a see below driving range, " after the words "prepare a master plan for the golf course" There was discussion for and against. 8:45 p.m. Paul Hamburger, Capital Expenditures Committee, stated majority opposition to Mr. Michelson's amendment. Following a voice vote at 8: 16 p.m. , the Moderator declared the amendment offered by Mr. Michelson not passed. Following a voice vote at 8 : 17 p.m. , the Moderator declared the motion offered oy Mr. Chisholm to be adopted. 8:48 p.m. Notice of Reconsideration on Article 15 was served by Paul Hamburger. 69 (ADJOURNED SESSION, A,T,M. , CONT. - APRIL 26, 1993 ) ARTICLE 16 PINE MEADOWS MAINTENANCE EQUIPMENT MOTION: That the sum of $30,000 be appropriated to purchase maintenance equipment for the Pine Meadows Golf Course as determined by the Recreation passed Committee with the approval of the Board of see below Selectmen, and to raise such amount $30 ,000 be transferred from the Recreation Enterprise Fund. 8:48 p.m. Presented by Donald Chisholm, Recreation Committee. 8:52 p,m, Sam Nablo, Appropriation Committee, stated support. 8: 52 p,m. Nicholas Cannalonga, Capital Expenditures Committee, stated unanimous support. 8: 54 p.m. Daniel Rosa, Board of. Selectmen, offered the following amendment that the sum of $10,000 'De appropriated to not passed purchase a "trilickster" for the Pine Meadows see below Golf Course as determined by the Recreation Committee with the approval of the Board of Selectmen, and to raise such amount $10,000 be transferred from the Recreation Enterprise Fund. 8: 56 p.m. Sam Nablo, Appropriation Committee, stated support for the original motion. 8: 56 p.m. Nicholas Cannalonga, Capital Expenditures Committee, stated support for the original motion. Following a voice vote at 9: 08 p.m. , the Moderator declared the amendment offered by Mr. Busa not adopted, 9: 13 p.m, Ephraim Weiss, P5 , moved to table the motion offered by Mr. Chisholm. Following a voice vote at 9: 14 p.m. , the Moderator declared the motion not tabled. Following a voice vote at 9: 14 p.m. , the Moderator declared the motion offered by Mr. Chisholm to have been adopted. ARTICLE 17 REHABILITATION OF CENTER POOL COMPLEX MOTION: That the sum of $50,000 be appropriated passed to rehabilitate the Center Pool Complex as see P•70 determined by the Recreation Committee with the approval of the Board of Selectmen, and to raise such amount $50,000 he transferred from the Recreation Enterprise Fund, 9: 14 p.m. Presented by Sandra Shaw, Recreation Committee. 9: 17 p.m. Sam Sable, Appropriation Committee, stated unanimous support. 9: 17 p,m, Nicholas Cannalonga, Capital Expenditures Committee, recommended passage. 70 (ADJOURNED SESSION, A.T.M„ C0NT, APRIL 26., 19931 9: 18 p.m. Leo McSweeney, Board of Selectmen, stated unanimous support, [ Following a voice vote at 9: 19 p.m. , the Moderator declared the motion adopted, 9: 19 p.m. Notice of Reconsideration on Article 16 was served by Paul Hamburger, ARTICLE 18 PLAYGROUND EQUIPMENT AND IMPROVEMENTS passed MOTION: That the sum of $50,000 be appropriated see below to make improvements at selected playgrounds as determined by the Recreation Committee with the approval of the Board of Selectmen, and to raise such amount $50 ,000 be transferred from the Recreation Enterprise Fund, 9: 21 p.m, Presented by Sandra Shaw, Recreation Committee. Further explanationwasgiven by Harvey Lowell of the Committee, He outlined some of the provisions necessitated by the need to provide access for disabled persons. 9:34 p.m, Notice of Reconsideration on Article 17 was served by Paul Hamburger. 9: 35 p,m. Sam Nablo, Appropriation Committee, stated unanimous support. 9:36 p.m. Nicholas Cannalonga, Capital Expenditures Committee, stated the unanimous recommendation for indefinite postponement. 9:37 p.m. Leo McSweeney, Board pf Selectmen, stated the improvements should happen next year. Following a voice vote at 9: 55 p.m. , the Moderator declared the motion to have been adopted, 9 : 55 p.m. Notice of Reconsideration on Article 18 was served by Paul Hamburger, ----- ARTICLE 19 MISCELLANEOUS SCHOOL ARTICLE passed MOTION: That the sum of 8450,000 be appropriated see p. 71 for remodeling, reconstructing and making extraordinary repairs to school buildings; that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $450,000 under Chapter 645 of the Acts of 1918 as amended or under G. L. c.44 , §7 as amended; and that the Permanent Building Committee is authorized to take all action necessary to carry out this project. 9:56 p.m. Presented by Albert (Eibin, School Committee, 10:00 p.m. Jane Pagett, Appropriation Committee , stated unanimous support. 71 jADJOURNED SEaSION, CONT, - AEBICL_U,_19931 10:01 p.m. Karen Dooks, Capital Expenditures Committee, stated support. 10 :02 p.m. Dan Fenn, Board of Selectmen, stated unanimous support. Following a voice vote at 10:02 p.m. , the Moderator declared the motion to have been adopted unanimously, 10:03 p.m. Notice of Reconsideration on Article 19 was served by Paul Hamburger, ARTICLE 20 FACILITIES STUDY/SCHOOL AND TOWN BUILDINGS MOTION: That the sum of $200,000 be appropriated for architectural and engineering services in order postponed to determine the physical plant needs of all town see p.74 and school buildings, including the modifications passed needed to install a combined dispatch center; that see p.75 to meet this a4propriation the Treasurer with the approval of the Selectmen is authorized to borrow $200,000 under G. L. c.44 , §7(21 ) and (22) ; and that the Permanent Building Committee is authorized to take all action necessary to carry out this project. 10:03 p.m. John Oberteuffer, School Committee, moved to postpone this motion to Wednesday, April 28. Following a voice vote at 10: 03 p,m. , the Moderator declared postponement. ARTICLE 21 MUZZFY CONDO REPAIR postponed 10:03 p.m. Paul Newman, P3 , moved that this article be see p.79 postponed until Monday, May 3, indefinitely postponed Following a voice vote at 10:03 p.m, , the Moderator declared postponement. ARTICLE 22 BROOK CLEANING indefinitely MOTION : That this article be indefinitely postponed postponed. see below 10:04 p.m. Presented by Joyce Miller, Conservation Commission, who further explained the process by which brook cleaning would be accomplished, There was some discussion. Following a voice vote at 10; 17 p.m. , the Moderator declared the motion to have been adopted and the article to be indefinitely postponed, IT (ADJOURNED SESSION, A.T.M, , CONT, - APRIL 26, 1993) ARTICLE 23 GENERIC ENVIRONMENTAL IMPACT REPORT/HANSCOM FIELD MOTION: That it is the desire of this Town Meeting, should the grant from Massport to HATS for assistance on passed the GEIR either fail to materialize or include see below unacceptable encumbrances, to have the Selectmen utilize up to $10,000 from Line Item 8130 for this purpose; and further it is the desire of this Town Meeting that the Selectmen make funds available from Line Item 8130, if requested to do so by HATS, to be used for other appropriate studies related to Hanscom Field, Jacquelyn Smith, Board of Selectmen, indicated that she would abstain on this article because of her association with Massport, 10: 19 p.m. Presented by Carolyn Tiffany, P8, who gave a report. 10:25 p.m. Margaret Coppe, P9, further outlined the history. There was further discussion. 10 :38 p.m. Sam Nablo, Appropriation Committee, stated that the Committee was divided because of the wording and could not support it as currently presented. 10:40 p.m. Dan Fenn, Board of Selectmen, stated that the Board unanimously supported the article, 10:43 p.m. Robert Domnitz, Planning Board, stated the unanimous support of the Board for the article. 10:57 p.m. Robert Whitman, P6, moved the question. Following a unanimous voice vote at 10:57 p.m. , the Moderator declared the question to be before the Meeting. Following a voice vote at 10: 57 p.m. , the Moderator declared the article to have been adopted. --- 10: 57 p.m. William Dailey, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday, April 28 , 1993, at 800 p.m. , in Cary Hall. Following a voice vote at 10: 57 p.m. , the Moderator declared the meeting to be adjourned. A true copy. Attest: Bernice H. Fallick, Town Clerk 73 ADJOURNED_SESSION - 1993 _ANNUAL TOWN MEETING APRIL 28, 1993. The meeting was called to order by Moderator Margery M. Battin, at 8 p,m„ in Cary Memorial Hall, followed by the invocation. A quorum was present. ARTICLE 2 REPORTS 8: 10 p.m. John Oberteuffer, School Committee, presented information on the opening of Maria Hastings School and was followed. by Superintendent Jeffrey Young. ARTICLE 31 ZONING BY-LAW/CM TO CD, WESTVIEW STREET 8:35 p.m. Richard Neumeier, P3 , moved to bring up Article 31 . Following a voice vote at 8: 35 p.m. , the Moderator declared Article 31 to be before the Meeting, MOTION FOR ARTICLE 31 CD AMENDMENT, WESTVIEW STREET not passed see p.74 That the Zoning By-Law of the Town of Lexington be amended by changing the zoning district designation from CM, Commercial Manufacturing, district to CD, Planned Commercial district, of land at the junction of Westview Street and Maguire Road. The land to be rezoned consists of an approximately 9,900 square foot site located in the CM, Commercial Manufacturing, district and bounded and described as follows: A certain triangular parce:. of land at the junction of Westview Street and Mellex Road, and more particularly bounded and described as follows: Commencing at said junction of Westview Street and Mellex Road ; then running WESTERLY along said Westview Street two hundred ( 200) feet; thence SOUTHERLY to Mellex Road to a point on the Northerly boundary of said Mellex Road, two hundred (200) feet Westerly from the junction of said Westview Street and Mellex Road; and thence EASTERLY by said Mellex Road to the point of beginning; The land in the CD, Planned Commercial , district shall be subject to the Preliminary Site Development and Use Plan dated as received by the Planning Board and Town Clerk on ;. January 11 , 1993 , and a "Proposed Site Plan" prepared by Larson Associates, Arlington, MA„ dated 12-17-87, that has been filed with the Planning Board and the Town Clerk, and in accordance witi the provisions of the Zoning By-Law of the Town of LeXington. 8:36 p.m. The Moderator recognized Colin Richardson who presented history and his intent as owner of the property. 8: 50 p.m. Richard Canale, Planning Board, moved that the report of the committee be accepted and placed on file. Following a voice vote at 8: 50 p.m. , the Moderator declared the report to have been accepted and placed file. 74 (ADJOURNED SESSION, A.T.M. CONT. - APRIL 28, 1993) Mr. Canale stated that a majority of the Planning Board felt the motion should not bo approved because of dimensional standards, not use. There was continued discussion., Following a voice vote at 9: 15 p.m. , the Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 10 6 2 6 9 3 11 3 4 7 7 5 5 11 6 4 11 7 9 7 8 6 7 9 5 12 At large 15 9 Totals 78 82 9: 19 p.m. The Moderator declared the motion had not been adopted. ARTICLE 20 FACILITIES STUDY/SCHOOL AND TOWN BUILDINGS MOTION:That the sum of $200,000 be appropriated for architectural and engineering services in order to determine the physical plant needs of all town and school passed buildings, including the modifications needed to install see p.75 a combined dispatch center; that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $200,000 under G.L. c.44 , §7(21 ) and ( 22) ; and that the Permanent Building Committee is authorized to take all action necessary to carry out this project, 9: 20 p.m. John Oberteuffer, School Committee, moved to take up Article 20, Following a voice vote at 9:20 p.m. , the Moderator declared Article 20 to be before the Meeting. Mr. Oberteuffer outlined the proposed study. 9:29 p.m. Dan Fenn, Board of Selectmen, stated the unanimous approval of the Board on the townside study. 9: 30 p.m, Mary Edna Neumeier served Notice of Reconsideration on Article 31 , 9:31 p.m. William Kennedy, Permanent Building Committee, stated approval . 9: 32 p.m, Gloria Holland, Capital Expenditures Committee, stated strong recommendation for passage, 75 (ADJOURNED SESSION, A,T,M. , CONT. - APRIL 28, 1993) 9: 34 p,m. George Burnell , Appropriation Committee, asked if all town buildings would be incorporated in any long range planning; was the townside equal to the schools. Mr. Kennedy indicated all town buildings excepting the pool complex were included, Mr. Burnell and the Committee then recommended approval. There was further discussion. 9:52 p.m. John Hayward, P5 , moved the question. Following a voice vote at 9:52 p.m. , the Moderator declared the question to be before the Meeting. Following a voice vote at 9 : 52 p.m. , the Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 13 2 2 16 2 3 14 0 4 14 1 5 16 0 6 15 0 7 13 1 8 14 2 9 16 1 At large 24 0 Totals 155 9 9:56 p.m. The Moderator declared the motion to have been adopted. ARTICLE 24 GOLF IN RESIDENTIAL ZONING DISTRICTS 9:57 p.m. Robert Domnitz, Planning Board, moved that the report of the committee be accepted and placed on file. Following a voice vote at 9: 57 p.m. , the Moderator declared the report to have been accepted and placed file. That, the Zoning By-Law be amended as set forth in the motion attached to the Planning Board report filed with the Town Clerk. not passed see p.76 MOTION That the Zoning By-Law be amended in Section 4.2, Permitted Uses and Development Standards, Table 1 , Part A Residential , Institutional , Agricultural Uses, line 4.11 , by deleting the present wording and substituting the following: "4 . 11 privately owned for profit recreational facility for tennis or swimming, or golf course, standard or par three" 9: 57 p.m. Presented by Mr. Domnitz who continued the report. 76 (ADJOURNED SESSION, A.T.M., CONT. - APRIL 28, 1993) 10: 15 p.m. Arthur Smith, P4, served Notice of Reconsideration on Article 20. 10:20 p.m. David Williams, Planning Board, stated the minority opinion, stating that the Carroll land and the proposal for a driving land was .intertwined with this by- law and urged a no vote. 10:23 p.m. Jacquelyn Smith, Board of Selectmen, stated opposition to the article, declaring the Board of Appeals was doing a good job on this type of procedure. 10:34 p.m. Joyce Miller, stated that the Conservation Commission had not taken a formal vote on the article. 10: 54 p.m. John Cunha, P2, moved the question. Following a voice vote at 10: 54 p.m. , the Moderator declared the question to be before the Meeting. Following a voice vote at 10: 55 p.m. , the Moderator called for a standing vote which was tallied as follows: Precinct Yea No Abstain 1 0 15 2 0 17 1 3 2 11 4 3 11 5 1 13 6 4 8 7 0 14 8 7 8 9 4 12 At large 6 15 2 Totals 27 124 3 10:59 p.m. The Moderator declared that the Motion offered by Mr. Domnitz had not een adopted, 10:59 p.m. Arthur Smith, P4, served Notice of Reconsideration on Article 24 . 10:59 p.m. William Dailey, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Monday, May 3, 1993 , at 8: 00 p.m. , in Cary Hall. Following a voice vote at 10:59 p.m. , the Moderator declared the meeting to be adjourned. A true copy. Attest: /7--; Bernice H. Fallick, Town Clerk 77 ADJOURNED SESSION - 1993 ANNUAL TOWN MEETING MAY 3, 1993 The meeting was called to order by Moderator Margery M. Battin, at 8 p,m. , in Gary Memorial Hall, followed by the invocation. A quorum was present. ARTICLE 2. REPORTS 8: 12 p.m. Lisa Baci , Conservation Commission, moved that the report of the committee on the Marrett Road Project be accepted and placed on file. Following a voice vote at 8: 12 p.m. , the Moderator declared the report to have been accepted and placed file. Ms. Baci presented the report. ARTICLE 30 ZONING BY-LAW/RO TO RD, LOWELL STREET 8:22 p.m. David Williams, Planning Board, moved Reconsideration of Article 30, Zoning By-law/RO to RD, Lowell Street, on the basis of a new plan with reduced density and significant public benefit with the Town's outright ownership of some housing. He presented further information. Following a voice vote at 8: 25 p.m. , the Moderator declared the meeting open on Article 30. 8: 25 p.m. Mr. Williams moved that the report of the committee be accepted and placed on file. Following a voice vote at 8:25 p.m. , the Moderator declared the report to have been accepted and placed file. • 8:26 p.m. Peter Kelley, P4, presented the substitute motion for Article 30: MOTION: That the Zoning By-Law of the Town of Lexington be amended by changing the zoning district passed designation from the RO, One Family Dwelling, district to see p.78 RD, Planned Residential district, of land on the northeasterly side of Lowell Street near the intersection of Lowell Street and North Street. The land to be rezoned consists of a site containing approximately 5 . 1 acres now located in an RO, One Family Dwelling District and bounded Westerly by Lowell Street; Southerly by land now or formerly of the following: Solomos, Morascio and Pizza; Easterly by North Street and the Lexington -Burlington town line; and northerly by land now or formerly of Burlington Village Associates. Said property is more fully described in metes and bounds by a plan entitled "Plan of Land in Lexington, MA for Proposed Rezoning" dated December, 1992 by Larson Associates, Arlington MA and by a written metes and bounds description, a copy of which is appendix A to the Preliminary Site Development and Use Plan, dated April 26, 1993 that is on file with the Planning Board and the Town Clerk. 4 (ADJOURNED SESSION, A,T.M. , CONT. - MAY 3, 1993) The Preliminary Site Development and Use Plan for the RD Planned Residential , district shall be the Plan dated April 26, 1993 that was filed with the Planning Board and Town Clerk, as required by and in accordance with Requirements of the Zoning By-Law. 8:31 p.m. Robert Domnitz, Planning Board, stated minority opposition. 8:37 p.m. William Dailey, Board of Selectmen, stated unanimous endorsement by the Board. 8:42 p.m. Joseph Dini, Pl , moved the question. Following a voice vote at 8:42 p.m. , the Moderator declared the question to<be before the Meeting. Enough members stood to doubt the vote, and the Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 15 4 2 11 7 3 11 3 4 11 7 5 ' 12 6 6 5 8 7 10 7 8 15 4 9 12 6 At large 11 4 Totals 113 56 8:47 p.m. The Moderator declared the question to be before the Meeting. 8:48 p.m. Mr. Kelley explained his process through the various boards from the time he had begun the project. 8:49 p.m. The Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 14 4 2 16 2 3 12 3 4 16 1 5 16 1 1 6 10 3 7 17 0 8 18 1 9 14 4 • At large 16 5 Totals 149 24 1 8:52 p.m. The Moderator declared the motion offered by Mr. Kelley to have been adopted. • • 79 • • (ADJOURNED SESSION, A.T.°M. CONT. MAY 3, 1993) 8:53 p.m. Paul Newman, P5, moved that Articles 21 and 41 be brought up at this time. Following a voice vote at 8:53 p.m. , the Moderator declared both articles to be before the Meeting. ARTICLE 21 MUZZEY CONDO REPAIR indefinitely postponed ARTICLE 41 AMEND QUITCLAIM see below RESTRICTIONS/MUZZEY CONDOS 8:53 p.m. Mr. Newman moved Indefinite Postponement on both articles. 8:55 p.m. Sam Silverman, P5, noted his intent to abstain on the vote. Dan Fenn, Board of Selectmen, stated the same. Following a voice vote at 8:56 p.m. , the Moderator declared Indefinite Postponement of Article 21. Following a voice vote at 8:56 p.m. , the Moderator declared Indefinite Postponement of Article 41. ARTICLE 38 MARRETT ROAD/ROUTE 2A RESOLUTION MOTION: I move that the Town Meeting vote to adopt the following resolution; Whereas Route 2a (Marrett Road) from the bridge over Route 128 to the intersection at Massachusetts Avenue is passed a major entry in to Lexington and the Minute Man National see Park, be it resolved that an opportunity be provided for below Town Meeting Members to look at and comment on the plans for the reconstruction of this area. In order to facilitate this process, we request that the Lexington Board of Selectmen appoint a committee of not less than 5 members to study ,the various aspects of these plans with particular regard to safety concerns future implications with respect to the size of the reconstruction and aesthetic and environmental impact. The committee should be charge to report back to the Selectmen at a special public information meeting to which Town Meeting Members are invited. 8:57 p.m. Presented by Louise Kava, P9. 9: 18 p.m. William Dailey, Board of Selectmen, stated unanimous approval for the Article. 9;22 p.m. David Williams, Planning Board, stated that the Board had no position at this time on the Reconstruction but supported the motion. 9:33 p.m. John Hayward, P5, moved the question. Following a voice vote at 9:33 p.m. , the Moderator declared the question to be before the Meeting. Following a voice vote at 9:33 p.m. , the Moderator declared the motion to have been adopted. 80 (ADJOURNED SESSION, A.T.M. , CONT. - MAY 3, 1993) 9:34 p.m. Arthur Smith, P4, noted his intent to move Reconsideration of Article 24 Zoning By-law/ Golf in Residential, Zoning Districts on Wednesday, May 5. ARTICLE 25 ZONING BYLAW, JUMBO HOUSE SETBACKS indefinitely 9:43 p.m. David Williams, Planning Board, moved that this. postponed Article be indefinitely postponed. see below Following a voice vote at 9: 34 p.m. , the Moderator declared unanimous postponement. of Article 25. ARTICLE 26 ZONING BY-LAW, MINOR REVISION PROCEDURE 9:35 p.m. Jacqueline Davison, Planning Board, moved that the report of the committee be accepted and placed on file. Following a voice vote at 9:35 p.m. , the Moderator passed declared the report to have been accepted and placed see p.81 file. MOTION That the Zoning By-Law be amended as set forth in the motion attached to the Planning Board report filed with the Town Clerk. MOTION That the Zoning By-Law be amended by making the following changes: A. in subparagraph 8.4.. d, which deals with deviations from a plan approved by the Town Meeting, by striking out "10%" in the third line and inserting in place thereof "5%" and by adding at the end the words: "or the maximum number of dwelling units or equivalent density for residential accommodations not arranged in dwelling units approved in an RD district; " , so that the sentence, as amended, will read: "d. the SPGA may, in its discretion, permit minor deviations from the plan approved by Town Meeting provided they do not conflict with the intent of the plan and they do not allow the building floor area to exceed that shown on the approved plan by more than 5% in the RD district, or to exceed the maximum floor area ratio approved for the CD district or the maximum number of !welling units, or equivalent density for residential accommodations not arranged in dwelling units, approved in an RD district;" B. in subparagraph 8.4.4, which deals with revision of a special permit, by striking out the first sentence of the first paragraph in its entirety and by inserting in place thereof p t a,.. y^.. r d# 4fit aii "%. - tle14 ''. i J URT Eb S S!O' Q4',` ;,10 C 4g i 1),,D, a new first sentence, as follows: "Subsequent to an SPS granted by the SPGA, minor revisions to the plan may be made from time to time in accordance with appliceble laws, by-laws, and regulations. " and adding a new third sentence to the first paragraph, as follows: "Any increase in the net floor area authorized in the preliminary site development and use plan approved by Town Meeting or in the maximum <,, ' umber, .of' 'dwellii g units, or equivalent density for resi- dential accommodations not arranged in dwelling units, is not a minor revision." 9:38 p.m. Francis W.K. Smith, Board of Appeals, stated Board opposition. 9:44 p.m. William Dailey, Board of Selectmen, stated opposition to the motion and unity with the Board of Appeals. 9:48 p.m. The Moderator called or a standing vote which was tallied as follows: Precinct Yes No Abstain 1 8 5 2 10 7 3 10 4 4 9 8 5 15 1 6 11 2 7 5 7 .8 9 4 9 12 4 At large 11 8 Totals 100 50 9:53 p.m. The Moderator declared the motion offered by Mrs. Davison to have been adopted. ARTICLE 27 ZONING BYLAW, DISABLED PERSONS 9:54 p.m. David Williams, Planning Board, moved that indefinitely this Article be indefinitely postponed. postponed see below Following a voice vote at 9:54 p.m. , the Moderator declared the article to have been indefinitely postponed unanimously. a€4 .;#�''.�`'tri' �u Yom, F � r� A �OE31#1�TE7 `S * 'tCN, A''s' I. , CONT`i- 93) r r ARTICLE 28 DRAINAGE 9:54 p.m. Samuel Berman, P3, moved that the article be indefinitely indefinitely postponed. postponed see below Following a voice vote at 9:54 p.m. , the Moderator declared the article to have been indefinitely postponed unanimously. ARTICLE 29 ZONING BYLAW, CM TO RD MAGUIRE ROAD indefinitely postponed 9:55 p.m. Robert Domnitz, Planning Board, moved that see below this Article be indefinitely postponed. Following a voice vote at 9:55 p.m. , the „ Moderator declared the article to have been indefinitely postponed unanimously. ARTICLE 32 AMEND GENERAL BY-LAWS/SURFACE indefinitely WATER DISPOSAL postponed see below 9:55 p.m. Samuel Berman, P3 , moved that this Article be indefinitely postponed. Following a voice vote at 9:55 p.m. , the Moderator declared the article to have been indefinitely postponed unanimously. ARTICLE 33 AMEND GENERAL BY-LAWS/PUBLIC WAYS AND PLACES passed see belowMOTION: That Section 7 of Article XXV of the General By-Laws be amended as set forth in the article. To see if the Town will vote to amend Section 7 of Chapter XXV of the General By-laws by deleting the first sentence thereof and substituting therefor the following sentence: "Except as hereinafter provided, no person shall use or operate on any sidewalk or independent bicycle path any motorized vehicle, except a wheelchair, maintenance vehicle, or a police or fie emergency or patrol vehicle." 9: 56 p.m. Presented by Selectmen Dan Fenn. Following a voice vote at 9:57 p.m. , the Moderator declared the motion to have been adopted unanimously. ARTICLE 34 AMEND GENERAL BY-LAWS/SALE OF postponed TOBACCO TO MINORS see p.84 9:57 p.m. Martha Wood, P7, moved to postpone this article until Wednesday, May 5. Following a voice vote at 9:57 p.m. , the Moderator declared postponement until Wednesday. 1 • (ADJOURNED SESSIONA.T.M. , CONT. MAY 3,' 1,9Y910 ARTICLE 35 EARLY RETIREMENT 9:58 p.m. Eric Michelson, P3, moved to postpone this postponed article until Wednesday, May 5. see p.89 Following a voice vote at 9:58 p.m. , the Moderator declared postponement until Wednesday. ARTICLE 37 AMEND GENERAL BY-LAWS/APPROPRIATION COMMITTEE REPORT MOTION: That Section 5 of Article XIII of the passed General By-Laws be amended as set forth in the see below article. To see if the Town will vote to amend the first paragraph of Section 5 of Article XIII of the General By- Laws by adding the words "or otherwise distributing" after the word "mailing" ; 9:59 p.m. Leo McSweeney, Board of Selectmen, stated support of the Board. Following a voice vote at 10:01 p.m. , the Moderator declared the motion to have been adopted unanimously. ARTICLE 39 RELEASE OF EASEMENT/JOHN BENSON ROAD MOTION: That the Selectmen be and they hereby are authorized to release to Carriage Drive passed Nominee Trust or their designee the sewer see below easement described in this article for one dollar and on such other terms and conditions as they shall decide, 10:02 p.m. Presented by Selectman Fenn. Following a voice vote at 10:04 p.m., the Moderator declared the motion to have been adopted. ARTICLE 40 BOWMAN SCHOOL PROPERTY FOR LEXHAB MOTION: That the care, custody, management and control of the vacant lot along Philip Road no longer postponed needed by the School Department be transferred to the see p.89 Board of Selectmen to be used for housing or other municipal purposes. 10:04 p.m. Selectman McSweeney moved to postpone this article until Wednesday, May 5. Following a voice vote at 10:04 p.m. , the Moderator declared postponement until Wednesday. 10:05__p..m. William Dailey, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday, May 5, 1993, at 8:00 p.m. , in Cary Hall. Following a voice vote at 10:05 p.m. , the Moderator declared the meeting to be adjourned. A true copy. Attest: Bernice H. Fallick,Town Clerk 84 w fi ADJOURNED SESSION - 1993 ANNUAL TOWN MEETING MAY 5, 1993 The meeting was called to order by Moderator Margery M. Battin, at 8 p.m. , in Cary Memorial Hall, followed by the invocation. A quorum was present. 8:01 p.m. The Moderator declared a Formal Recess in order that Senator Robert Bayern could recognize the Lexington Merit Finalists. 8: 13 p.m. The Meeting was recalled to order. ARTICLE 2 REPORTS 8:15 p.m. Marshall Derby presented a report for LexHAB. 8:18 p.m. George Smith, Health Department, updated the Meeting on the raccoon and rabies problem and the current state law requiring cat inoculation. ARTICLE 34 AMEND GENERAL BY-LAWS/SALE OF TOBACCO TO MINORS MOTION: That Article XXVI of the General By-Laws passed be amended by adding a new section 9 thereto as set see below forth in the article with the following changes: I see p.87 & 88 as passed (a) Section 9.3 shall read as follows: "9.3 Free Standing Displays Prohibited. Free- standing displays of tobacco products, from which individual packages may be selected by the customer, must be located on or over the check-out counter in full view of a person designated to supervise the purchase of tobacco products from the display." (b) Section 9.6 shall read as follows: "9.6 No free or nominal cost tobacco products shall be distributed or sold within the Town of Lexington. No person shall distribute any coupons or vouchers redeemable for tobacco or tobacco products for free or at a nominal cost within the Town of Lexington. Such restrictions shall not apply to coupons in magazines, newspapers, other periodicals, or affixed to packaging. " 8:24 p.m. Presented by Martha Wood, P7. 8:29 p.m. George Smith, Board of Health, expressed the unanimous support of the Board. 8:30 p.m. Daniel Busa, Board of Selectmen, stated unanimous approval. Following a voice vote at 8:31 p.m. , the Moderator declared passage. 85 ARTICLE 34 AS SET FORTH IN THE ARTICLE ARTICLE 34 AMEND GENERAL BY-LAWS/ SALE OF TOBACCO TO NIINORS To see if the Town will vote to amend the General By-Laws of the Town of Lexington by adding a new section 9 to Article XXVI thereof as follows: BY-LAW TO LIMIT ACCESS TO TOBACCO BY MINORS 9.1 Sales to Minors. In conformance with Massachusetts General Laws Chapter 270, Section 6, whoever sells a cigarette, chewing tobacco, snuff, or any tobacco in any of its forms to any person under the age of eighteen or, not being his parent or guardian, gives a cigarette, chewing tobacco, snuff, or tobacco in any of its forms to any person under the age of eighteen, shall be punished by a fine of not less than one hundred dollars ($100.00) for the first offense, not less than two hundred dollars ($200.00) for the second offense and not less than three hundred dollars ($300.00) for any third or subsequent offense. 9.2 Posting State Law. In conformance with Massachusetts General Laws, Chapter 270, Section 7, a copy of Massachusetts General Laws Chapter 270, Section 6 shall be posted conspicuously by the owner or other Person in charge thereof in the shop or other place used to sell cigarettes at retail. The notice to be posted shall be that notice provided by the Massachusetts Department of Public Health. Such notice shall be at least 48 square inches and shall be posted at the cash register which receives the greatest volume of single cigarette package sales in such a manner so that it may be readily seen by a person standing at or approaching the cash register. Such notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of less than 4 feet or greater than 9 feet from the floor. For all other cash registers that sell cigarettes, a notice shall be attached which is no smaller than 9 square inches, which is the size of the sign provided by the Massachusetts Department of Public Health. Such notice must be posted in a manner so that it may be readily seen by a person standing at or approaching the cash register. Such notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of no less than 4 feet or more than 9 feet from the floor. The Board of Health or its enforcement officers shall enforce this provision of the by-law. Whoever violates this provision shall be punished by a fine of not more than fifty dollars ($50.00). Any person unlawfully removing a copy so posted while said premises are used for the sale of cigarettes shall be punished by a fine of ten dollars ($10.00). 9.3 Free Standing Displays Prohibited. Free-standing displays of cigarette products, from which individual packages may be selected by the customer, are prohibited. 9.4 Sales Personnel. No person or entity selling tobacco products shall allow anyone to sell cigarettes or other tobacco products until such employee reads the Town by-law and state laws regarding sale of tobacco and signs a sworn statement, a copy of which will be placed on file in the office of the Board of Health, that (s)he understands and will uphold the regulations. 9.5 Free Distribution/Sampling, No person or entity shall, except at full retail price, in or upon any part of the streets, parks, public grounds, public buildings, or other public places within the Town of Lexington distribute any products containing tobacco for any promotional or other commercial purpose. 9.6 Reduced Pricing. No person or entity shall distribute in the Town of Lexington tobacco products substantially reduced in price from the prevailing average retail price of the particular brand as set by the Massachusetts Departmc:.t of Revenue. 9.7 Vending Machines. No person shall install or maintain a vending machine to distribute or sell tobacco products unless the vending machine is located within 10 feet and in plain view of the regular location of a person designated to supervise the purchase of tobacco products at the vending machine. No sales of tobacco products are permitted from a vending machine which also offers for sale any non-tobacco product. 86 ARTICLE 34 AS SET FORTH, CONT. 9.8 Packaging. Sale or distribution of tobacco products in any form other than an original factory. wrapped package is,prolulMited 9.9 Penalties. Any person or entity who fails to comply with 9.3, 9.4, 9.5, 9.6, 9.7 and 9.8 of this section shall be punished by a fine of not less than one hundred dollars ($100) nor more than two hundred dollars ($200). 9.10 Severability. If any provision of this by-law is declared invalid, the other provisions shall not be affected thereby but shall cont?;iue in full force and effect; or act in any other manner in relation thereto. (Inserted by Martha C. Wood and nine or more registered voters) DESCRIPTION: The proposed amendment to the General By-Laws would limit access to tobacco products by minors. The sponsors of this article would support an amendment to provide for noncriminal enforcement of this by-law. • 87 ARTICLE 34 AS AMENDED AND PASSED ON MAY 5 ARTICLE 34 AMEND GENERAL BY-LAWS/ SALE OF TOBACCO TO MINORS To see if the Town will vote to amend the General R 1=iaws of the Town of Lexington by adding a new section 9 to Article XXVI thereof as follows: BY-LAW TO LIMIT ACCESS TO TOBACCO BY MINORS 9.1 Sales to Minors. In conformance with Massachusetts General Laws Chapter 270, Section 6, whoever sells a cigarette, chewing tobacco, snuff, or any tobacco in any of its forms to any person under the age of eighteen or, not being his parent or guardian, gives a cigarette, chewing tobacco, snuff, or tobacco in any of its forms to any person under the age of eighteen, shall be punished by a fine of not less than one hundred dollars ($100.00)for the first offense, not less than two hundred dollars ($200.00) for the second offense and not less than three hundred dollars ($300.00) for any third or subsequent offense. 9.2 Posting State Law. In conformance with Massachusetts General Laws, Chapter 270, Section 7, a copy of Massachusetts General Laws Chapter 270, Section 6 shall be posted conspicuously by the owner or other Person in charge thereof in the shop or other place used to sell cigarettes at retail. The notice to be posted shall be that notice provided by the Massachusetts Department of Public Health. Such notice shall be at least 48 square inches and shall be posted at the cash register which receives the greatest volume of single cigarette package sales in such a manner so that it may be readily seen by a person standing at or approaching the cash register. Such notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of less than 4 feet or greater than 9 feet from the floor. For all other cash registers that sell cigarettes, a notice shall be attached which is no smaller than 9 square inches, which is the size of the sign provided by the Massachusetts Department of Public Health. Such notice must be posted in a manner so that it may be readily seen by a person standing at or approaching the cash register. Such notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of no less than 4 feet or more than 9 feet from the floor. The Board of Health or its enforcement officers shall enforce this provision of the by-law. Whoever violates this provision shall be punished by a fine of not more than fifty dollars ($50.00). Any person unlawfully removing a copy so posted while said premises are used for the sale of cigarettes shall be punished by a fine of ten dollars ($10.00). 9.3 Free Standing Displays Prohibited. Free-standing displays of tobacco products, from which individual packages may be selected by the customer, must be located on or over the check-out counter in full view of a person designated to supervise the purchase of tobacco products from the display. 9.4 Sales Personnel. No person or entity selling tobacco products shall allow anyone to sell cigarettes or other tobacco products until such employee reads the Town by-law and state laws regarding sale of tobacco and signs a sworn statement, a copy of which will be placed on file in the office of the Board of Health, that (s)he understands and will uphold the regulations. 9.5 Free Distribution/Sam lin . No person or entity shall, except at full retail price, in or upon any part of the streets, parks, public grounds, public buildings, or other public places within the Town of Lexington distribute any products containing tobacco for any promotional or other commercial purpose. 9.6 Reduced Pricing. No free or nominal cost tobacco products shall be distributed or sold within the Town of Lexington. No person shall distribute any coupons or vouchers redeemable for tobacco or tobacco products for free or at a nominal cost within the Town of Lexington. Such restrictions shall not apply to coupons in magazines, newspapers, other periodicals, or affixed to packaging. 88 ARTICLE`;34 AS AMENDED AND PASSED ON MAY 5, CONT. 9.7 Vending Machines. No person shall install or maintain a vending machine to distribute or sell tobacco products unless the vending machine is located Vf? plain vin 10 feet mfl iew of the regular location"of a persorfi�"designated`to'supervise the S'?in of'toiacco products at the vending machine. No sales of tobacco products are permitted from a vending machine which also offers for sale any non-tobacco product. 9.8 Packaging. Sale or distribution of tobacco products in any form other than an original factory-wrapped package is prohibited. 9.9 Penalties. Any person or entity who fails to comply with 9.3, 9.4, 9.5, 9.6, 9.7 and 9.8 of this section shall be punished by a fine of not less than one hundred dollars ($100) nor more than two hundred dollars ($200). 9.10 Severability. If any provision of this by-law is declared invalid, the other provisions shall not be affected thereby but shall continue in full force and effect; or act in any other manner in relation thereto. (Inserted by Martha C. Wood and nine or more registered voters) DESCRIPTION: The proposed amendment to the General By-Laws would limit access to tobacco products by minors. The sponsors of this article would support an amendment to provide for noncriminal enforcement of this by-law. 1 89 (ADJOURNED SESSION, A.T.M. , CONT. MAY 5, 1993) ARTICLE 35 EARLY RETIREMENT MOTION: that the Town accept Section 48 of Chapter not passed 133 of the Acts of 1992 see below 8:32 p.m. Presented by Eric Michelson, P3. 8:34 p.m. William Petrino, Lexington Police Department, explained. 8:41 p.m. William Dailey, Board of Selectmen, stated unanimous opposition. 8:45 p.m. George Burnell , Appropriation Committee, stated unanimous opposition to the motion. Following a voice vote at 8:47 p.m. , the Moderator declared the motion not to have been adopted. ARTICLE 40 BOWMAN SCHOOL PROPERTY FOR LEXHAB MOTION: That the care, custody, management and control of the vacant lot along Philip Road no passed longer needed by the School Department be see below transferred to the Board of Selectmen to be used for housing or other municipal purposes. 8:47 p.m. Presented by Selectman McSweeney. 8:49 p.m. Marshall Derby, LexHAB Chairman, outlined the concerns and procedures which had been and would continue to be followed. 8:54 p.m. Joyce Miller, Conservation Commission Chairman, stated that the Commission had done informal reviews in all season and weather but that any LexHAB submittalwould be evaluated as any other. 8:57 p.m. The Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 13 1 2 14 0 3 15 0 4 16 0 5 10 0 6 15 0 7 17 0 8 16 0 9 14 2 At large 21 0 Totals 151 3 9:00 p.m. The Moderator declared the article to have been adopted. 9:01 p.m. Arthur Smith, P4 , moved Reconsideration of Article 24 Zoning By-Law/Golf in Residential Zoning Districts. 9:08 p.m. Robert Domnitz, Planning Board, stated that the Board would make no recommendation on this motion. (ADJOURNED SESSION, A.T.M. , CONT. - MAY 5, ma). • There was discussion as to whether this was Town Meeting's job or should be left to the Board of Appeals. 9:14 p.m. Marsha Baker, P7, moved the question. Following a voice vote at 9: 14 p.m. , the Moderator declared the question to be before the Meeting. Following a voice vote at 9:14 p.m. , the Moderator declared that Reconsideration did not prevail. ARTICLE 43 USE OF FUNDS TO REDUCE TAX RATE MOTION: That the sum of $250,000 be passed appropriated to reduce the tax levy for the fiscal year beginning July 1 , 1993, and that see below such amount be transferred from the Unreserved Fund Balance. 9: 15 p.m. Presented by Selectman Dailey. 9:16 p.m. George Burnell, Appropriation Committee, stated support. Following a voice vote at 9:17 p.m. , the Moderator declared passage. 9:18 p.m. William Dailey, Chairman of the Board of Selectmen, moved that the meeting be dissolved. Following a voice vote at 9:18 p.m. , the Moderator declared the meeting to be dissolved. A true copy. Attest: '72_Ati_e_c_t_ /J. ,c6Z,.,11 Bernice H. Fallick, Town Clerk