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HomeMy WebLinkAbout1990-03-05 to 1990-04-30- ATM-min 1990 ANNUAL TOWN MEETING MARCH 26, 1990 The meeting was called to order by Moderator Margery M. Battin, at 8:03 p.m., in Cary Memorial Hall. There were 198 Town Meeting Members present. 8:03 p.m. The invocation was offered by Reverend Brian Dixon, First Baptist Church. A moment of silence was observed in memory of former member, Richard Eaton. The Moderator praised the significant contribution of other longterm members who had served the Town. 8:05 p.m. Town Clerk, Bernice H. Fallick, read the Warrant for the Meeting until waived. 8:06 p.m. Town Clerk, Bernice H. Fallick, read the Constable's Return of the Warrant. The Moderator outlined the schedule and explained procedures. ARTICLES 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 8:16 p.m. The Moderator explained that this article would remain open throughout the Meeting. 8:16 p.m. John Eddison, Board of Selectmen, explained the "B" budget which contains cuts and the "A" budget which requires a need for an override election. The Selectmen have voted for June 11, 1990, as the date for the proposed referendum. A majority of the Board of Selectmen supports the override. The actual vote for the referendum will be taken at the end of the Annual Town Meeting. 8:21 p.m. Mr. Eddison moved that the Report of the Town Manager be accepted and placed on file. Following a voice vote at 8:21 p.m., the Moderator declared the Report of the Town Manager to havebeen accepted and placed on file. Richard J. White, Town Manager, presented his Report. 8:34 p.m. Michael O'Sullivan, Appropriation Committee, moved that the Report of the committee 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. Mr. O'Sullivan presented an explanation of the Committee's position. 8:51 p.m. Karen nooks, Capital Expenditures Committee, 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 on file. Mrs. Books presented an explanation of the Committee's position. _t (ANNUAL TOWN MEETING, CONT. - MARCH 26, 1990) ARTICLE 3. APPOINTMENTS TO CARY LECTURE SERIES MOTION: That a committee of three be appointed by the Moderator to have the charge of the lectures under the passed wills of Eliza Cary Farnham and Suzanna E. Cary for see below the current year. 8:59 p.m. Presented by John Eddison, Board of Selectmen. Following a voice vote at 8:59 p.m. , the Moderator declared unanimous passage. ARTICLE 4. OPERATING BUDGET Notice of MOTION: That the following amounts be appropriated reconsideration for the ensuing fiscal year and be raised in the tax P- 382 levy except where a transfer is indicated they shall be provided by such a transfer. 9:00 p.m. Presented by John Eddison, Board of Selectmen. 9:00 p.m. William Fallon, Pr.7, moved to postpone Article 4 to Wednesday, March 28. 9:02 p.m. Mr. Eddison stated the inconsistency and urged rejection, as did Mr. O'Sullivan, Appropriation Committee. Following a voice vote at 9:04 p.m. , the Moderator declared that the amendment did not pass. 9:05 p.m. Renee Cochin, Human Services Committee, moved that the Report of the Human Services Committee be accepted and placed on file. Following a voice vote at 9:05 p.m. , the Moderator stated that the Report had been accepted and placed on file. The Moderator read the following: Schools 1100 Public School-Education 27,627,566 To which the sum of $250,000 in available and anticipated P.L. 874 and other available Federal and State Funds, along with anticipated athletic receipts Notice of is to be applied, and the balance of $27,377,566 is to reconsideration be raised in the tax levy, providefl, however, that p. 382 $669,567 of the appropriation and^the amount to be raised in the tax levy is contingent upon the approval of Question No. 1 appearing on the ballot for the June, 1990, special election. 9:06 p.m. Polly Woodworth, School Committee, commented, 9:14 p.m. Philip Geiger, Superintendent of Schools, highlighted the School Budget, There was further comment from Town Meeting Members. 9:36 p.m. Jacqueline Davison, Pr.3', made the following motion: (ANNUAL TOWN MEETING, CONT. MARCH 26, 1990) MOTION: that line item 1100 Lexington Public School tailed be amended by deleting the figure $27,627,566 and see below substituting therefor the figure $27,645,066 and by adding the words "of which $17,500 shall be transferred from the Unreserved Fund Balance" at the beginning of the text under the line item, Discussion followed. Michael O'Sullivan stated Appropriation Committee opposition. Following a voice vote at 9:50 p.m. , the Moderator declared the motion had not been adopted. There were comments on the line item from various members and citizens. Paul Marshall stated that a majority of the Selectmen were recommending the override to maintain quality. The Moderator continued the reading of Article 4: 1200 Regional Vocational Technical 710,652 Notice of School Assessment reconsideration (Of which $91,893 shall be transferred from the Unreserved p. 382 Fund Balance, provided that such transfer and $91,893 of the appropriation shall be rescinded if the proposed cut of Reconsidered state aid to Minuteman Regional Vocational Technical School p. 409 but District is restored. Be it further moved that the no change following resolution be adopted: That the Town Meeting direct each of its Senators and Representatives in the General Court, through the Board of Selectmen, to work aggressively to ensure that: a. No more local or school aid be withheld from towns and regional schools in Fiscal Year 1990 and b. Local and school state aid be restored at least to the Fiscal Year 1989 level for the Fiscal Year 1991. c. These provisions cover all elements of state aid paid under Chapter 70 and Chapter 71 of the General Laws of the Commonwealth of Massachusetts. Myles Barnert, Pr.4, spoke for Minuteman Regional Vocational Technical School. Responding to a question as to the inclusion of a resolution with the line items, the Moderator stated it to be within the scope of the article. There was discussion as to the possibility of separating the resolution for voting purposes. The Moderator continued the reading of Article 4: Employee Benefits 2110 Contributory Pension Fund 2,439,750 2120 Non-Contributory Pension 198,000 2130 Pension Funding 0 2140 Retirement Expenses 15,150 2150 Insurance 4,011,783 3'r (ANNUAL TOWN MEETING, CONT. - MARCH 26, 1990). Debt Service 2210 Funded Debt 925,000 2220 Interest on Debt 653,739 2230 Temporary Borrowing 25,000 2230 Exempt Debt 1,822,000 Public Works Department 3100 DPW Personal Services 2,240,414 Amended (Of which $30,000 is to be transferred from the see below Parking Meter Fund and $200,000 is to be transferred from Not. of the Cemetery Trust Funds, ) reconsid. 3100 DPW General Expenses 3,067,054 p.382 . (Of which $146,000 is to be transferred from the -- Cemetery Trust Funds. ) Reconsideration failed 10:26 p.m. Michael O'Sullivan, Appropriation Committee, made the p. 418 following motion: MOTION: That the amount for DPW General Expenses be reduced by the amount of $20,000 to the new sum passed requested - $3,047,054.-in line item 3100. see below Paul Marshall, Board of Selectmen, spoke against. Various members spoke for and against, Following a voice vote at 10:34 p.m. , the Moderator declared the amendment to have been adopted. The Moderator continued the reading: Public Safety 4100 Police Department Personal Services 2,400,154 (Of which $146,152 is to be transferred from the Parking Meter Fund); and provided, however, that $30,767 of the appropriation is contingent upon the approval of Question No. 1 appearing on the ballot for the June 11, 1990, special election. 4100 Police Department Expenses 264,528 (Of which $3,848 is to be transferred from the Parking Meter Fund. ) Fire Services 4200 Fire Department Personal Services 2,285,734 Notice Provided, however, that $78,000 of the of reconsider. appropriation is contingent upon the p. 382 approval of Question No. 1 appearing on the ballot for the June 11, 1990, special election. Reconsideration failed (Ruth Walton indicated to the Town Clerk her intention to abstain p. 410 on this portion. ) The Moderator recognized representatives from the Lexington Fire Department who spoke and showed a film relating to fire control. c�r" CA (ANNUAL TOWN MEETING, CONT. - MARCH 26, 1990) 11:00 p.m. Daniel Greenwood, Pr,6, made the following motion: failed MOTION: that the motion under line item 4200 be see below amended by deleting the proviso and substituting therefor the following: (Of which $78,000 is to be transferred from the Unreserved Fund Balance. ) Selectman Marshall spoke against the motion. Selectman Dailey spoke in support. Michael O'Sullivan, Appropriation Committee, voiced opposition. Various members spoke for and against the amendment, long range responsibilities, the need for override. Following a voice vote at 11:21 p.m. , the Moderator declared the amendment not to have passed, A sufficient number of members stood to doubt the Moderator's decision. The Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 8 7 1 2 6 11 3 3 12 4 4 12 5 3 13 6 1 14 7. 5 12 8 9 9 9 4 15 At large 3 17 Totals 46 122 1 11:26 p.m. The Moderator declared the amendment not passed. The Moderator continued the reading of Article 4: 4200 Fire Department Expenses 180,770 11:27 p.m. John Eddison, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday, March 28, 1990, at 8 :00 p.m. , in Cary Hall. Following a voice vote at 11:27 p.m. , the Moderator declared the meeting to be adjourned. A true copy. Attest: Bernice H. Fallick Town Clerk 379 ADJOURNED SESSION - 1990 ANNUAL TOWN MEETING MARCH 28, 1990 The meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m. , in Cary Memorial Hall. There were 198 Town Meeting Members present. 8:03 p.m. The invocation was offered by Reverend Peter Meek, Hancock United Church of Christ. The Moderator commemorated Betty Clark's 32 years of service as a Town Meeting Member. 8.09 p.m. The Moderator continued the reading of the Motion on Article 4: Building & Zoning Inspection 4300 Inspection Department Personal Services 4300 Inspection Department Expenses 146,967 4,225 Library Services 5100 Library Personal Services Provided, however, that $30,000 of the 851,561 appropriation is contingent upon the approval of Question No. 1 appearing on the ballot for the June 11, 1990, special election. 5100 Library Expenses 230,700 Recreation 5200 Recreation Personal Services 5200 Recreation Expenses 0 Notice of 0 recconsider.. 5300 Town Celebrations Committee p. 3s 2. 10,000 w° 5400 LEXPRESS/Transportation Reconsideratio (Of which $80,000 is to be transferred from the 232,500 failed Parking Meter Fund); and further that the p• 418 Selectmen be authorized to apply for, accept and expend funds from the M.B.T,A. or any other governmental agency in connection with such local of transportation system, and to contract with a Notice re private transit company to provide transportation Reconsideration services; and provided, however, that $140,000 of 382 the appropriation and the amount to be raised in the Reconsideration tax levy is contingent upon the approval of failed Question No, 1 appearing on the ballot for the p. 411 June 11, 1990, special election. 8:13 p.m. John Eddison, Board of Selectmen, spoke in favor of line item 5400. 8:16 p.m. The Moderator recognized William Mix, Transportation Advisory Committee, for an explanation of how a new six route system had evolved, There was further discussion. Town Manager, Richard White, commented on C.40, s.22A, as it governs parking meter fees. (ADJOURNED SESSION, A.T.M. , CONT. - MARCH 28, 1990) 8:38 p.m. Karsten Sorensen, Pr.4, made the following motion: MOTION: that Article 4, Account 5400, be amended by changing the amount $232,500 to $50,000 and that the motion under Article 4, Account 5400 be deleted and failed the following be substituted therefor: see below "for a transportation system sometimes called a "Dial-A-Ride" system to serve senior citizens and others as determined by the Board of Selectmen; and further that the Board of Selectmen be authorized to apply for, accept and expend funds from any governmental agency in connection with such local transportation system, and to contract with a private company, public agency or other organization to provide such services; and that the amount $50,000 be raised in the tax levy provided that the appropriation is contingent upon approval of Question 1 appearing on the ballot for the June, 1990, special election," Discussion followed. Selectman Eddison urged defeat, Michael O'Sullivan, Appropriation Committee, stated the motion was well crafted. Albert Zabin, School Committee, asked that LEXPRESS be kept in the override budget. Erna Greene, Pr. 3, stated her intent to abstain. Following a voice vote at 8:51 p.m. , the Moderator declared the amendment not adopted. Numerous members continued discussion of LEXPRESS service. 9:15 p.m. The Moderator continued the reading of Article 4: Health 6110 Health Personal Services 96,469 6110 Health Expenses 22,550 6120 Visiting Nurse & Community Health 8,400 6130 Rabies Clinic 3,350 6140 Animal Control Personal Services 20,184 6140 Animal Control Expenses 5,000 Council on Aging 6200 Council on Aging Personal Services 65,292 6200 Council on Aging Expenses 104,672 Veterans 6300 Veterans Administration 18,148 6300 Veterans Expenses 11,656 Human Services 6410 Youth Services 70,000 Notice of Provided, however, that the appropriation is contingent Reconsideration upon the approval of Question No. 1 appearing p. 382 on the ballot for the June 11 , 1990, special election. 9:17 p.m. Judith Zabin explained the service of RePlace. Several people spoke in support. QQI (ADJOURNED SESSION,, A.T.M. , CONT. - MARCH 28, 1990) The Moderator continued the reading of Article 4: 6420 Service to Developmentally Disabled 11,000 There was some discussion as to the merits of home liens. The Moderator continued: General Government 7110 Selectmen Personal Services 47,389 7110 Selectmen Expenses 12,200 7120 Town Manager Personal Services 188,444 7120 Town Manager Expenses 12,850 Town Manager Jurisdictional 7130 Temporary Help & Overtime 36,750 7130 Clerical Pool 17,434 7130 Fire & Police Medical 36,444 7130 Out of State Travel 7,000 7130 General Professional Services 79,000 9:39 p.m. Richard White, Town Manager responded to a question with an explanation of Instate and Out of State Travel. The Moderator completed the reading of Article 4: 7130 Director of Guides 1,500 7130 Tuition & Training 14,000 7130 Instate Travel 12,500- Notice of 7140 Town Report 6,250 Reconsideratioi p. 382 Legislative 7210 Appropriation Committee 950 Recfa ideratio led 7220 Miscellaneous Boards & Committees 7,400 400 Finance 7310 Comptroller Personal Services 148,691 7310 Comptroller Expenses 95,350 7320 Treasurer/Collector Personal Services 121,067 7320 Treasurer/Collector Expenses 14,750 And further that the Treasurer and Collector is hereby authorized to enter into compensating balance agreements during fiscal years 1991 to 1993, as permitted by General Laws Chapter 44, Section 53F. 7330 Assessors Personal Services 121,616 7330 Assessors Expenses 9,650 7340 Data Processing 38,000 Staff 7410 Legal Fees 143,360 7410 Legal Expenses 31,640 7420 Town Clerk Personal Services 95,331 7420 Town Clerk Expenses 2,475 7430 Board of Registrars Personal Services 1,806 7430 Board of Registrars Expenses 32,920 7440 Elections/Town Clerk 32,266 7450 Elections/Selectmen 29,900 Community Development 7510 Planning Dept. Personal Services 96,439 7510 Planning Dept. Expenses 6,900 7520 Board of Appeals Personal Services 22,627 7520 Board of Appeals Expenses 900 7530 Conservation Commission Personal Services 52,207 7530 Conservation Commission Expenses 9,650 7540 Historic Districts Commission 2,800 (ADJOURNED SESSION, A.T.M. , CONT. - MARCH 28, 1990) 9:45 p.m. Vicky Schwartz, Pr. 3, made the following admendment: MOTION: that line item 1100 be amended by striking the figure $27,627,566 and replacing it with failed $27,647,566 and by striking the figure $27,377,566 and -see below replacing it with $27,397,566. There was discussion for and against. Michael O'Sullivan, Appropriation Committee, stated that a majority of the Committee were against the motion. Following a voice vote at 10:02 p.m, , the Moderated declared the amendment not passed. (William Welch, Jr. , stated his intent to abstain from voting on Article 4.) John Ryan, Comptroller, responded to a question on 7310. Richard White, Town Manager responded to a question on 7450. There were further statements, questions, discussions regarding assorted items connected with Article 4. Following a voice vote at 10:19 p.m., the Moderator declared Article 4 adopted. 10:22 p.m. The following served Notice of Reconsideration: Michael O'Sullivan, Appropriation Committee entire Article 4 James McLaughlin 1200 Minuteman Vocational Tech Fred Rosenberg 5400 LEXPRESS Renee Cochin 6410 Youth Services Iris Wheaton 3100 Public Works 7130 Instate Travel William Fallon 4200 Fire Department Personal Services Jennie Oberholtzer 1100 School Budget Ephraim Weiss 5200 Recreation, both parts ARTICLE 5. Salary Adjustments and Collective Bargaining passed. Settlements -sce below 10:22 p.m. John Eddison, Board of Selectman, made the following motion: MOTION: That $311,414 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 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, 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. 10:26 p.m. Michael O'Sullivan, Appropriation Committee, stated approval. Following a voice vote at 10:27 p.m. , the Moderator declared unanimous passage. �.. 10:27 p.m. John Eddison, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Monday, April 2, 1990, at 8:00 p.m. , in Cary Hall. Following a voice vote at 10:27 p.m. , the Moderator declared the meeting to be adjourned. A true copy. Attest: 7'� Bernice H. Fallick, Town Clerk March 29, 1990 - replacement - pr. 7 Polly H. Woodworth, 26 Bertwell Road for John R. Campbell 323 ADJOURNED SE9S1UN - 1990 ANNUAL TOWN MEETING APRIL 2, 119JG The meeting was called to order by Moderator Margery M. Batt:in, at 8:00 p.m. , in Cary Memorial Hall. There were 198 Town Meeting Members present. 8:00 p.m. A moment of silence was observed in memory of Anne hotghesani, daughter of Town Meeting Member, Roper Rorghessani. The invocation was offered by Reverend Polly (Guild, Rollen Unitarian/Universalist Church. 8:06 p.m, Under Article 2, Reports, Carolyn Wilson, Pr.2, moved that the Report of the Cary Lecture Series be accepted and placed on file. Following a voice vote at 8:O6 p.m„ the Moderator stated that the Report had been accepted and placed on file. Mrs. Wilson asked the Moderator to recognise her father, Raymond Culler, for the presentation, ARTICLE 6. Water Operations Passed - MOTION: That the sum of $2,700,496 be appropriated to fund See below the operation of the Water Division of the Department of Public Works, and to raise such amount $2,700,496 be transferred from the Water Enterprise Fund, 8:11 p.m, Presented by Selectman Jacquelyn Smith. 8:19 p.m. Michael O'Sullivan, Appropriation Committee, spoke in favor. There was further discussion. Following a voice vote at 13:30 p.m. , the Moderator declared unanimous passage. ARTICLE 7. Sewer Operations Passed -- see below MO'T'ION: That the sum of 52,866,631 bci appropriated to fund the operation of the SF'wer Division of the Department of Public Works, and to raise such amount 52,866,631 be transferred from the Sewer Enterprise Fund. 8:30 p.m. Presented by Selectman Smith. 8:33 p.m. Mich-eel O'Sulli.van, Appropriation Committee, spoke in Favor. Following a voice vote at 8:34 p.m. , the Moderator declared unanimous passage. ARTICLE 8. Recreation Enterprise Fund Passed - MOTTON: That the ToWu ,accept. Section 39 K of Chapter 40 p. 384 of the General laws to establish an enterprise fund for recreational facilities and activities; and that the sum of 9768,428 he appropriated to fund the operation of the Recreation Department, and t, write such amount, $718,128 be transferred rrc)m the Ripe t l it on Enterprise Fund and $50,000 Misr raised in the Cas ;e,,-y, provlded, hos'rerer, that. $50,000 of the appropriation and the amount, to are raised in the tax levy is contingentupon the approval of Question No, 1 appearing on the htrllotfor the June, 1990, special election. 8:34 p.m. Presented by Selectman Leo McSweeney. '1 0 zA (ADJOURNED SESSIU_N _A T.M. , CONT. - APRIL 2, 1990) 8:36 p.m. There was further explanation from Richard White, Town Manager. 8:45 p.m. Michael O'Sullivan, Appropriation Committee, spoke in favor. 8:47 p.m. Judith Marshall stated that a majority of the Recreation Committee was in favor. I)iscussion continued with comments for and against, statements as to the philosophy, possibilities for revocation if the Fund does not provide, sufficient money. 8:56 p.m, Elaine Dratch served Notice of Reconsideration on Articles 6 and 7. 9:21 p.m. James McLaughlin, Pr8, moved the question. Following a voice vote at 9:22 p.m. , the Moderator declared the main motion to be before the Meeting. Following a voice vote at 9:22 p.m. , the Moderator declared the main motion to have passed. 9:22 p.m. Michael O'Sullivan, Appropriation Committee, served Notice of Reconsideration. -IPP ARTICLE: 9. Supplementary Appropriations for Current see below Fiscal Year (FY90) MOTION: That this article be indefinitely postponed. 9:23 p.in. Presented by Selectman Fain Marshall. Following a voice vote at 9:23 p.m. , the Moderator declared the motion to have passed. ARTICLE 1.0. Prior Years' Unpaid Bills MOTION: That the sum of $16,267.54 be appropriated to Passed pay the forty-five bills rendered to the School see below Department for prior years as shown on the list on file with the Town Clerk, and that such amount lie raised in the tax levy, 9:24 p.m. Presented by Johri ((hurt.euffer, School Committee. 9:24 p.m. Michael O'Sullivan, Appropriation Committee, spoke in favor. Following a voice vote at 9:25 p.m. , the Moderator declared t.manimous passage. 9:23 p.m. Michael O'Sullivan, Appropriation Committee, serves] Notice of Reconsideration. ART'IC'LE 11. Supplementary Appropriations for TPP Authorized Capital Improvement Projects - see below MOTION: That this article be indefinitely postponed. 9:23 p.m. Presented by Selectman William Dailey. Following a voice vote at 9:23 p.m. , the Moderator declared unanimous passage. .All1Ol'[12 0SESSION,, A T_til._,_ toN_l', APRIL 2i_--1990)_ ARTICLE 12. Reserve Fund NOTION: That the sum of. $250,000 be appropriated for the Passed - Reserve bund, and that such amount be raised in the tax See below levy, 9:26 p.m. Presented by Selectman Dailey, 9:27 p.m. Michael O'Sullivan, Appropriation Committee, spoke in favor, Following a voice vote at 0:29 p.m. , till Moderator' declared unanimous passage. 9:20 p.m, Michael O'Sullivan, appropriation Committee, served Notice of Reconsideration, ARTICLE 12. Tax Anticipation Borrowing MOTION: That the TownTreasurer, withthe approval of thePassed - Selectmen, be authorized to borrow money from time to timesee below in anticipation of the revenue for the fiscal year beginning Juip 1, 1990, and to issue a note or notes therefor, payable within one year, Larder G.L. c., 44, sec, 4 as amended, and to renew any note or note's as may no given for a, period of less than one year, under G.L. y, 14, sea. 17, 0:30 p.m, Presented by Selectman Dailey, Following a voice vote at. 9:31 p.m, , the Moderator declared unanimous passage. ARTICLE 11. Unemployment Compensation. Fund MOTION: That this particle be indefinitely postponed, - - see below 9:32 p.m. Presented by Selectman I.ddison. Following a voice vote at 9:32 p.m. , the Moderator declared unanimous passage. ARTICLE 15. Conservation Fund ITT - MOTION: That this article he indefinitely postponed, see below 9:22 p.m, Present-ed by Joel Adler, Conservation Commission, Following a voice vote at 9:22 p.m. , the Moderator declared unanimous passage. ARTICLE 16, Water Mains MOTION: That. the Selectmen be aurd they }(earehy are authorized to install new or replacement water mains, and Line and reline water mains in such accepted or unaccepted Passed - streis or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, and p 386 to take L) eminent. domain, purchase or otherwise acquire any lee, easement or other interest in, lance necessary therefor; to appropriate 5G45,000 for suds installation and lining and land acquisition; and thai to meet (his appropriation Lyle Treasurer SiLlr they approval or the Selectmen is authorized to Dories 3645,000 under 0.0. c.44, E8(0), 9::33 p.m. Presented by- Selectman Smith, 3,86 ADJOURNED SESSION, A.T.M , CONT, - APRIL 2, 1.990 9:36 p.m. Karen Dooks, Capital Expenditures Committee, spoke in favor. 9:36 p.m. Michael O'Sullivan, Appropriation Committee, spoke in favor. Following a voice vote at. 9:38 p,m„ the Moderator declared unanimous passage. 9:40 p.m. Karen Books, Capital. Expenditures Committee, served Notice of Reconsideration. ARTICLE; 17, install Drains/Widening, Deepening or I1tF, - Altering Brooks see below MOTION: That this article he indefinitely postponed. 9:38 p.m. Presented by Selectman Smith. Following a voice vote at 9:38 p.m. , the Moderator declared passage. ARTICLE 18. Construct Sidewalks PP' MOTION: That this article be indefinitely postponed. see below 9:38 p,m, Presented by Selectman Smith. Following a voice vote at 9:40 p.m. , the Moderator declared passage. ARTICLE 19. Sewer System Improvements MOTION: That. the Selectmen be and they are herehy Passes - a.utt,crriaid to install or abandon sewer mains and sewerage see below systems in such accepted or unaccepted streets: or other land its the Seiec:tmen may determine., subject to the assessment. of betterments or otherwise, l.n accordance .with Chapter 301 of the Acts of 1897, and ,rets in addition thereto and in amendment thereof, or otherwise and to take by eminent domain, purchase Gr otherwise acquire any fee, easement or other inttrest, in land necessary therefor; to appropriate $170,000 for such instsl..ration and land acquisition; and that to meat this appropriation the Treasurer ,with the approval of tinthe Selectmen as authorized to borrow 1170,000 under C.L. c44 , .§7(1), 9: 11 p.m, Presented by Selectman Smith. 9:43 p.m, Karen nooks, Capital Expenditures Committ eye, spoke in favor. 9:13 p.m. Michael O'Sullivan, Appropriation Committee, spoke in favor. Discussion tel Following fa voices vote at 9:18 p.m. , the Moderator declared unanimous passage., 9:48 p.m. Karen Docks, Capital Expenditures Committee served Notice of Reconsideration. 387 (31 i0UkNI O SESSION, A 1 '�., CUNT'. PEl i L,....1000). ARTICLE 20. Public Works Equipment MOTION: That the sum of $350,000 be appropriated for the Passed purchase by or with the approval. of the Selectmen of as amended equipment for the Department of Public Works, and to raise -see below such amount $98,000 be transferred from the Sewer Enterprise Fund, $102,000 be transferred from the Water Enterprise Lund and $2Ob,000 be raised In the tax levy-. 9:19 p.m, Presented by Selectman Dailey. 9:56 p.m, Paul Hamburger, PrS, made the following motion: MOTION: that the sum of $:350,000 be changed to Passed $300,000 :and that the sura of $200,0019 be changed to see below $150,000 9:57 p.m. Michael O'Sullivan, Appropriation Committee, spoke in favor. 9:58 p.m. The Selectmen stated unanimous opposition. Following a voice vote at 10:02 p.m. , the Moderator declared passage of the amendment. Following a vole vote at, 10:02 p.m. , the Moderator declared unanimous passage of Article 20 as amended. 10:03 p.m. Karen books, Capital Expenditures Committee, served Notice of Reconsideration, ARTICLE 21. Street 'improvements MOTION: That the Treasurer with the approvalof the Selectmen be authorized to issue Highway Reimbursement. Notes Passed of the Town under G.G. c. 41, sec. 6, as amended, in -see below anticipation of reimbursement by the Commonwealth for highway reconstruction and irnpiovements under. the authority of Chapter 00 of the General Largs as funded, and that notes issued for a shorter period than two years may be refunded by the issue of new notes manuring within two years from the date of the original obligation; that the Selectmen are authorized to accept highway funds From all sources; that, IN addition they sum of $450,000 bo appropriated for hi hwaY improvements, and that Amount bo raised in the tax levy. 113:03 p.m. Presented by Selectman Dailey. 10:06 p.m.i Earn bloods, Capital Expenditures Committee, spoke in favor. 10:06 p.m. Michael O'Sullivan, Appropriation Committee, spoke in favor. Discussion followed. 10: 19 p.m. John Hayward, Pry, moved the question. Following a voice vote at 10: 19 p.m. , the Moderator declared the main uinest i ort to be before the Meeting. Following a voice vote at 10:19 p.m„ the Moderator declared unanimous passage. 10:20 p.m. Karen books, Capital Expenditures Committee, s,ervcci. Notice of Reconsideration. 2S (A[)JC)UMNE➢ SESSION, A,T,M , !UlT__-- APRIL 2_, 1990)_ ARTICLE 22, Street Acceptance and Construction MOTION: To establish as Town ways and accept the layout of the following Toren 5055,: Phil.brook Terrace from Grassland Street a distance of 651 Passed feet, more or loss, southerly to end; - see below Solomon Pierce Road from Maple Street. ii distance of 5,404 feet, more or less, to Woburn Street; Joseph Comee. Road from Solomon Pierce Road a distance of 955 feet, more or less, to Butterfield Road; Lothrop Circle from Joseph Comee Road a distance of 517 feet, more or less, westerly to end; Butterfield Road from Solomon Pierce Road a distance of 550 fret„ more or less, easterly to Joseph Comee Road; East Emerson Road from south of Maureen Road a distance of 3,350 feet, more or less, to Ridge Road; Jonas Stone Circle from East. Emerson Road a distance of 552 feet, sere or less, southerly to end; Tidd Circle from Grove Street a distance of 630 feet, more or less, easterly to end; North Emerson Road from Diamond Road a distance of 140 feet, more or less, westerly to end. all as laid out by the Selectmen and shown upon plans on file in the office of tLe Town Clerk, dated December 21, 1989, and to authorise the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor, 10:21 p.m, Presented by Selectman Dailey. Following a voice vote at 10:28 p.m. , the Moderator declared urruriJmarts passage. 10:30 p.m. John Ilddison, Chairman of the Board of Selectmen, moved that, the meeting he adjourned until Wednesday, April 4, 1990, at 8:00 p.m. , in Cary Hall . Following a voice vote at 10:30 p.m. , the Moderator declared the meeting to he adjourned. A true copy, Attest: f=% Bernice H. Falli.ek Town Clerk. ‹n€g ADJOURNED SESSION - 1990 ANNUAL TOWNMEETING APRIL 4, 1990 The meeting was called to order by Moderator Margery M, Battin, at 8:00 p.m. , in Cary Memorial Hall. There were 198 Town Meeting Members present. 8:00 p.m. The invocation was offered by Rev. Brian Dixon, First Baptist Church. ARTICLE 2. REPORTS 8:06 p.m. William Kennedy, Permanent Building Committee, presented the report on School Improvements, 8:11 p.m. Selectman Jacquelyn Smith reported on the Mandatory Recycling Program. ARTICLE 23. Well Water Supply Exploration MOTION: That the sum of $28,000 be appropriated to Passed evaluate the potential of using groundwater for a supply source for watering lawns at the locations set forth in the see below article, and to raise such amount $28,000 be transferred from the Water Enterprise Fund. 8:14 p.m. Presented by Selectman Smith. 8:16 p.m. Nicholas Cannalonga, Capital Expenditures Committee, spoke in favor. 8:16 p.m. Michael O'Sullivan, Appropriation Committee, spoke in favor. There was further discussion. Following a voice vote at 8:19 p.m. , the Moderator declared passage. 8:20 p.m. Michael O'Sullivan, Appropriation Committee, served Notice of Reconsideration. ARTICLE 24, North Lexington Pump Station Replacement MOTION: That the sum of $214,000 he appropriated for the Passed cost of engineering and architectural services for plans and -P• 390 specifications for a replacement sewer pump station; and that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $214,000 under G.L. c44, §7(22). 8:20 p.m. Presented by Selectman Smith. 8:24 p.m. A representative from Weston and Sampson Engineers presented a report on the pump station replacement. There were questions and comments from the Members. 8:38 p.m. Nicholas Cannalonga, Capital. Expenditures Committee, spoke in favor. 8:38 p.m. Michael O'Sullivan, Appropriation Committee, spoke in favor. (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 4, 1990) Discussion continued with questions as to location, water rates, service to Bedford. Following a voice vote at 8:52 p.m. , the Moderator declared unanimous passage. 8:54 p.m. Karen Dooks, Capital Expenditures Committee, served Notice of Reconsideration. ARTICLE 25. Parking Lot Operation and Maintenance MOTION: That the sum of $80,000 be appropriated for parking Passed lot operation and maintenance in the Town, and that such -see below amount be transferred from Parking Funds. 8:54 p.m. Presented by Selectman Leo McSweeney. 8:56 p.m. Michael O'Sullivan, Appropriation Committee, spoke in favor. 8:57 p.m. Town Manager, Richard White, presented an analysis. Following a voice vote at 9:01 p.m., the Moderator declared passage of the motion. 9:02 p.m. Michael O'Sullivan, Appropriation Committee, served Notice of Reconsideration. ARTICLE 26, Underground Tank Testing MOTION: That the sum of $27,000 be appropriated to test Passed Town owned underground fuel storage tanks, and that such -see below amount be raised in the tax levy. 9:02 p.m. Presented by Selectman Leo McSweeney. 9:04 p.m. Michael O'Sullivan, Appropriation Committee, spoke in favor. 9:04 p.m. Gloria Holland, Capital Expenditures Committee, spoke in favor. 9:05 p.m. Fire Chief John Bergeron explained the need for and expertise required to test the 33 tanks to protect against. contamination. Following a voice vote at 9:07 p.m. , the Moderator declared unanimous passage, 9:07 p.m. Michael O'Sullivan, Appropriation Committee, served Notice of Reconsideration. ARTICLE 27. Lincoln Street Development IPP -see below MOTION: That this article be indefinitely postponed. 9:08 p.m. Presented by Carolyn Wilson, Recreation Committee. Following a voice vote at 9:08 p.m. , the Moderator declared unanimous passage. p,B (ADJOURNED SESSION, A.T.M. , CONT.. - APR.1L 4,_ 19901 ARTICLE 28. Harrington Fields Rehabilitation MOTION: That this article be indefinitely postponed. IPP -see below 9:08 p.m. Presented by Sam Nablo, Recreation Committee. Following a voice vote at 9:08 p.m. , the Moderator declared unanimous passage. ARTICLE 2.9. Old Res Weed Control Management Plan MOTION: That the sum of $29,495 be appropriated to hire a Passed consultant to analyze and make recommendations regarding the -see below weed problem at the Old Res and to implement weed control • measures as determined by the Recreation Committee with the approval of the Selectmen, and that such amount be raised. in the tax levy, provided however, that the appropriation is • contingent upon the approval of Question No. 1 appearing on the ballot for the June, 1990, special election. 9:12 p.m. Presented by Judith Marshall., Recreation Committee. • 9:13 p.m. Donald Chisholm, Recreation; Committee, presented information on the proposed analysis. ' 9:19 p.m. Selectman Leo McSweeney stated that a majority of the Board of Selectman supported the motion. 919 p.m. Gloria Holland, Capital Expenditures Committee, spoke in favor. • 9:20 p.m. Michael O'Sullivan, Appropriation Committee, spoke in • favor. 9:20 p.m. In response to an attempt by Richard Michelson, PrB, to amend the wording of the proposed Question No. 1 as it may appear on the June, 1990, Special Election, Town Counsel Norman Cohen informed. the Meeting that it is the Selectmen's privilege by law • to word the questions. He stated that although the Moderator might permit the introduction of a resolution in that connection the Selectmen would not be bound by i.t. Discussion continued regarding chemical treatment, long term effects, priority, maintenance, 9:29 p.m. Joel Adler, Prl, suggested that a previous study be reexamined. • Following a voice vote at 9:31 p.m. , the Moderator declared unanimous passage. 9:31 p.m. Michael O'Sullivan, Appropriation Committee, served Notice of Reconsideration. 20,2 (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 4, 1990) ARTICLE 30. Hazardous Waste Collection Passed -see below 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 dispose of residential hazardous wastes; that such amount be 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, 9:31 p.m. Presented by Selectman Smith. 9:35 p.m. Michael O'Sullivan, Appropriation Committee, spoke in favor. Following a voice vote at 9:37 p.m. , the Moderator declared unanimous passage. 9:37 p.m. Michael O'Sullivan, Appropriation Committee, served Notice of Reconsideration. ARTICLE 31. Miscellaneous School Article • See p. 399 for motion MOTION: That the sum of $1,300,000 be appropriated for as passed remodeling, reconstructing and making extraordinary repairs ' to school buildings including the removal of asbestos and for the purchase of additional school department equipment and computer hardware and software; that to meet the appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $1,300,000 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. 9:38 p.m. Polly Woodworth, School Committee, moved to postpone Article 31 until April 11, after Article 40. 9:38 p.m. Following a voice vote at 9:38 p.m. , the Moderator declared postponement. ARTICLE 32. Computer Catalogue System See p. 400 MOTION: That the sum of $150,000 be appropriated for the online computerization at Gary Memorial Library, and to raise such amount $100,000 be transferred from the Stabilization Fund and $50,000 he raised in the tax levy; and, in addition, that the Library Trustees or the Town Manager be authorized to apply for, accept, expend and borrow in anticipation of federal and state aid for the project, provided that the amount to be transferred from the Stabilization Fund shall be reduced by the amount of any such aid received. 9:38 p.m. Selectman Daily moved that Article 32 he postponed until after Article 31. Following a voice vote at 9:38 p.m., the Moderator declared postponement. (ADJOURNED SESSION, A.T.M. , CONT. - APRIL L19901 ARTICLE 33. Five Forks Traffic Study MOTION: That the sum of $30,000 be appropriated to failed undertake a traffic study at the Five Forks intersection of see below Lincoln Street, Marrett Road, and School Street for the purpose of recommending safety improvements, and to raise such amount $30,000 be transferred from the Unreserved Fund Balance. 9:41 p.m. Presented by Margaret Coppe, Pr9. 9:41 p.m. The Moderator recognized Rosamond Rabinowitz, 11 Barrymeade Drive, for a presentation. 9:46 p.m. Peter Kelley, Pr4, spoke of a study previously done for this area: 9:47 p.m. Selectman John Eddison urge Members to vote against the motion, stating that work will be implemented toward traffic improvements in this area, 9:52 p.m. Michael O'Sullivan, Appropriation Committee, spoke against. 9:55 p.m, Gloria Holland, Capital Expenditures Committee, spoke against. • 9:57 p.m. Eric Clarke, Traffic Safety Committee, stated that it should be put on the override budget. • There were further comments for and against. Following a voice vote at 9:59 p.m. , the Moderator declared that the motion had not passed. 10:00 p.m. Margaret Coppe, Pr9, served Notice of Reconsideration. ARTICLE 34. Lot 82, Skyview Road MOTION: That the Selectmen be and they hereby are Passed authorized to acquire by eminent domain or otherwise, the -see below land on Skyview Road shown as Lot 82 on Assessors' Property Map 90, now or formerly of the Town of Lexington, for housing purposes. 10:00 p.m. Presented by Selectman Eddison who provided the history. Following a voice vote at 10:02 p.m. , the Moderator declared unanimous passage. ARTICLE 35. General By-Laws Amendment, Wetlands Protection Passed MOTION: That Section 7.3 of Article XXXII of the General -see below By-Laws of the Town of Lexington be amended as set forth in the article. 10:02 p.m. Presented by Joyce Miller, Conservation Commission. Following a voice vote at. 10:03 p.m. , the Moderator declared unanimous passage, To see if the Town will vote to amend Article XXXII of the General By-Laws of the Town of Lexington by deleting Section 7.3 and substituting therefor the following; `Section 7,3 The terms marsh,freshwater wetland and bog as used in this By-Law shall be defined ' hsecioans 4soef The eh swamp,wet meadow • Massachusetts General Laws Chapter 131 boundaryin of tthheesveegweettalatinoOnsciosmemithuenri:yhecolinnseswtsithoinf fifty(50)percent or more of wetland31plant species identified in Massachusetts General Laws Chapter 131, Section 40 or the line within poorlywhichtohreaispoeidl allConsistsuyiaOf r soilnoopoorly drained,very tydppleasindaessignfa', esoinircdofrnosmervtiamtieontosteimrveiobeyotfhtehe National Cooperative Soils Survey,of the United States Department of Agric'ulture whichever line includes a!aroor area."; or act in any other manner in relat,cn thereto , , 0,04 (ADJOURNED SESSION, A.T,M. , CONT. - APRIL 4, 1990) ARTICLE 36. Zoning By-Law, Technical Corrections Passed MOTION: That the Zoning By-Laws of the Town be amended see below as set forth in the motion attached to the report of the Planning Board on this article, 10:04 p.m. Presented by Eleanor Klauminzer, Planning Board. Mrs. Klauminzer moved that the Report of the Planning Board be accepted and placed on file. Following a voice vote at 10:03 p.m. , the Moderator declared the Report to have been accepted and placed on file. (see below) ARTICLE 36 ZONING BY-LAW, TECHNICAL CORRECTIONS MOTION; That the Zoning By-Law be amended in various sections, as follows: Amendment 1 - Al In subparagraph 3.2.1 APPEALS, in the third sentence of the second paragraph, by striking out "75 days" and by inserting in place thereof: "100 days"; so that the sentence, as amended will read: "The Board of Appeals shall hold a hearing on an appeal within 65 days of the filing, shall properly serve notice of such hearing, and shall render its decision within 100 days of the filing." Amendment 2 - A2 In subsection 3.2.3 PROCEDURES FOR APPEALS AND VARIANCES, by adding a new paragraph at the end: "The applicant shall be responsible for filing in the Registry of Deeds, or where applicable, the Land Court of the Commonwealth, a copy of the Board of Appeals' decision granting a variance. Prior to the issuance of a building permit,the applicant shall present evidence of such recording to the Building Commissioner." Amendment 3 -A3 In subsection 4.1.8,which deals with a change in use,by adding a new subparagraph 5, as follows: "5) in the case where a special permit or variance is in effect, the change would result in exceeding any conditions included in the special permit or variance, even if the preceding use and the new use are in the same line in TABLE 1." Amendment 4 - A4 In subsection 5.2.7.2, in the second paragraph by striking out "5.7.2.1" and inserting in place thereof"5.2.7.1". Amendment 5 - A5 In subsection 5.7.1, in the last paragraph, in the two places in which it appears, by striking out"Article XXXIII"and inserting in place thereof"Article XXXII". Amendment 6 - A6 In subsection 6.2.5, in the last sentence, by striking out the words "or other permit" and by inserting in place thereof the words: "permit, special permit, certificate of occupancy or approval of a subdivision plan under the Subdivision Control Law" so that the sentence, as amended, will read: "If land is subdivided, conveyed or otherwise transferred in violation hereof, no building permit, special permit, certificate of occupancy or approval of a subdivision plan under the Subdivision Control Law shall be issued ..." (remainder unchanged). Amendment 7-A7 In subparagraph 7.2.3,in the first sentence,by inserting after the words "developable site area" the words: "(see subsection 7.9)". 395 Article 36, Motion for Town Clerk Amendment 8 - A8 In the title of subsection 7.4.2, by inserting the words: "SUBDIVISIONS,SPECIAL RESIDENTIAL"after the word"CLUS TER",so that the title, as amended, will read "CLUSTER SUBDIVISIONS, SPECIAL RESIDENTIAL DEVELOPMENTS". Amendment 9-A9 In subparagraph 7.4.3,FRONTAGE REDUCTION ON CURVES,by striking out the existing paragraph and by inserting in place thereof the following: "Where more than one half of the lot frontage is on a circular turnaround, or on a curve of less than 100 foot radius, frontage may be reduced to not less than 60 per cent of the distance required in Table 2,Schedule of Dimensional Controls,provided that the distance between the side lot lines, measured along the arc parallel to the street line at the same distance from the street line as the front yard setback required by Table 2, shall be not less than the minimum lot frontage required by Table 2. All dimensions referred to in the previous sentence shall be shown on a plan approved or endorsed by the Planning Board." Amendment 10 - A10 In section 92 SCHEDULE OF PERMITTED BUILDINGS, DENSITY AND DIMENSIONAL STANDARDS, in the column headings by adding the symbol "**" after RO and RS,RT, and the symbol "***" after RD; in the NOTE, explaining the SCHEDULE by inserting after the word NOTE the symbols and number: "**1,";by changing the numbers"1),2), and 3)" to"a.,b., and c."respectively; and by adding at the end: "***2. Standards for a development proposal in an RD Planned Residential Development zoning district." so that the NOTE, as amended will read: "NOTE: **1. In an RO,RS or RT district, a planned residential development may be: a. a conventional (cony) subdivision, b. a cluster (clus) subdivision, with the tract divided into separate lots for dwellings and common open space, or c. a special (spec) residential development in which the tract may be in one ownership or may be divided into separate lots for dwellings and common open space. ***2. Standards for a development proposal in an RD Planned Residential Development zoning district." Amendment 11 -All In subparagraph 9.3.7 a,which deals with Usable Open Space,a new subparagraph at the end, as follows: "e. The access to usable open space shall conform to the same standards set forth in a., b., and d.above, but may have dimensions smaller than those set forth in c. above. If the dimensions of the access are smaller than those required in c. above, the access shall not be counted toward the minimum usable open space required in 9.2.7." Article 36, Motion for Town Clerk Amendment 12 - Al2 In subparagraph 11.6.1, PARKING FOR ONE-FAMILY, TWO- FAMILY DWELLING, in the fourth line, by deleting the remainder of the sentence after the words"parking space"and by inserting in place thereof the words"or driveway shall be set back five feet from any side lot line or rear lot line and shall be designated on a plan. If located in the front yard, a parking space shall be in the designated parking space, or driveway, and shall not be located on a lawn or other natural area." Amendment 13 -A13 In subparagraphs 1.2.6.G,3.2.1,5.2.2,#5,6.2.2.b., 6.2.7,6.7.2,6.7.3., 6.8.1, 6.9.1, 7.5,1, and 12.3.4 by striking out the words "Building Commissioner" and by inserting in place thereof the words: "Zoning Officer". Motion made by: „"Gl-, rC. Date: 4i f'o ll A0JOURNLD SiSSIQNg_= .1.N3 , CONT. - APRIL 4, i990t 10:36 p.m. lames Barry, hrl, moved the question. Following a. voice vote at. 10:37 p.m., the Moderator declared the main motion to he before the Meeting. Following a voice vote at 10:38 p.m., the Moderator declared unanimous passage, 10:38 p.m. George Cooper, Cu ,lserved Notice of Reconsideration. 10:38 p.m. John Fddisoa, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday, April 11, 1990, at 8:00 p.m., in Cary Hail , Following a. voice vote at 10:38 p.m. , the Moderator declared the meeting to be adjourned. A true copy, Attest: 7/, Bernice II. €''a.11ick Town Clerk 9nr, ADJOURNED SESSION1990 ANNUAL. TOWN MEETING APRIL 11 , 1990 The meeting was called to order by Moderator Margery M. Battin, at 8:02 p.m. , in Cary Memorial Hall . • A quorum was present. 8:02 p.m. The invocation was offered by Rev. Arthur Kolsti , Pilgrim Congregational Church. 8:06 p.m. Nancy Gordon, Prl , read the Student Government Day Proclamation aria introduced the participating students. ARTICLE 2, REPORTS Selectman Marshall presented information regarding Pine Meadows and stated that the article would be brought up on April 30. ARTICLE 40. General By-Law Revisions - TMMA 8: 15 p.m. Iris Wheaton, TMMA, moved that Article 40 be brought up at this time. Following a voice vote at 8: 15 p.m. , the Moderator declared that Article 40 would be presented. MOTION: That Article V of the General By-Laws of Passed the Town of Lexington be amended as set forth in -see P.398 the article. ! , The Article as set forth in the warrant: To see if the Town will vote to amend Article V of the General By-laws as follows: ( 1 ) In Section 17 , by deleting the words "( b) to adjourn sine dieand by replacing them with the words " ( b) to dissolve the meeting- ; (2) By deleting Section 19 and substituting therefor the following: "Section 19. During debate on subsidiary motions listed in Section 18, no Person shall speak more than three minutes or more than once, and debate shall be limited to ten minutes, except that the debate on the subsidiary motion to amend shall be thirty minutes unless changed by vote of the meeting. " ; (3) By deleting Section 20 and substituting therefor the following: Section 20. When debate is closed by ordering the previous question or by vote to close debate at a specified time, the maker of the main motion or the amendment under consideration shall be allowed to speak for three minutes and may grant to any other member a Dart or all of hie time, or give his time to the meeting. " : 298• (ADJOURNED SESSION, A.T.M., CONT. - APRIL Il' 1990) (4) By deleting Section 25 and substituting therefor the following: • "Section 25. The previous question shall be put in the form: "Shall the oueution on the � amendment now be put?" for an amendment or'. alternatively, "Shall the main question now be put?" for a main motion and all debate • shall be suspended until tma previous question is decided. " ; � ; (5) By deleting Section 26 and substituting therefor - the following: "Section 26. The adoption of the prevous question shallput an end to all debate on • the motion under consideration except as • provided in Section 20 of this Article. " or act in any other manner in relation thereto, 8: 15 p.m. Presented by Iris *heation. TMwA, 8:24 p.m. John sduison, Board of ae/ectnmn, commended the TMMA and endorsed the change of Section 19. 8:36 p.m. Upon the request of Lloyd mi |aon, pr7 , sufficient members stood to support division of the amendment. Following a voice vote at 8:38 p.m. , the Moderator declared passage of Section 1 . Discussion continued on Section 2, e:40 p.m. Frank Sandy, Pro moved the question. � Following a voice vote at 8:40� o.m, . the Moderator declared Section 2 to be before the n*etine. Following a voice vote at 8:41 p.m. , the Moderator declared nasnuqe of Section 2. Alan Lazarue, prn, stood to doubt the vote but not enough additional members rose in support. Following a voice vote at e:*'3 p.m. , the Moderator declared unanimous nmsaene of Section 3. Following a voice vote at 8:43 p.m. . the Moderator declared unanimous passage of Section 4. Following a voice vote at 8:43 p.m. , the Moderator declared unanimous passage of Section 5. oDDOo (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 11 , .1990). ARTICLE 31 . Miscellaneous School Article MOTION: That Article 31 be taken up now. 8:44 p.m. Presented by Polly Woodworth, School Committee. Following a voice vote at 8:44 p.m. , the Moderator declared Article 31 to be before the Meeting. MOTION: That the sum of $1 ,227 ,595 be appropriated for remodeling, reconstructing and Passed . making extraordinary repairs to school buildings see p 400 including the removal of asbestos: that tomeet the appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $1 ,227,595 under Chapter 645 of the Acts of 1948 as amended or under G. L.c44 ,§7 as amended; and that the School Committee is authorized to take all action necessary to carry out this project and, in addition, that $42,000 be appropriated for issue expenses and first year debt service and that such amount be raised in the tax levy'. 8:45 p,m. Presented by Polly Woodworth, School Committee. There was extensive discussion with questions as to maintenance issues and answers by Dr. Geiger and the School Committee. 9:30 p.m. Paul Hamburger, Capital Expenditures Committee, presented the following motion: MOTION: that the following motion be substituted for the main motion: failed -see below that the sum of $850,000 be appropriated for remodeling, reconstructing, and making extraordinary repairs to school buildings; that to meet the appropriation the treasurer with the approval of the Selectmen is authorized to borrow $850,000 under Chapter 645 of the Acts of 1948 as amended or under G.L. c44. ,s. 7 as amended; that the School Committee is authorized to take all action necessary to carry out this project; and in addition, that $30,000 be appropriated for issue expenses and first year debt service and that such amount be raised in the tax levy. 9:39 p.m. Selectman Marshall stated that the Board of Selectmen supported this amendment and the reinstatement of the Permanent. Building Committee to its role. 9:41 p.m. Michael O'Sullivan, Appropriation Committee, stated that a majority of the Committee supported the amendment. Following a voice vote at 9:47 p.m. , the Moderator declared the amendment as offered by Mr. Hamburger not to have passed. f)M (ADJOURNED SESSION, CONT, - APRIL 11, 19g0) 9:48 p.m. Paul Hamburger, Capital Expenditures' committee, presented the following amendment: failed MOTION: that the words "School Committee^be ` -see below replaced by the words "Permanent Building Committee" | � There was further discussion with the School Committee speaking agminot, the Selectmen in favor. Following a voice vote at 9:45 p'm. . the Moderator declared the amendment as offered by Mr. Hamburger not to have passed. Following a voice vote at 9:55 p.m. , the Moderator declared unanimous passage of the main motion. 9:56 p.m. Karen Dooks, Capital Expenditures Committee served Notice of Reconsideration. ARTICLE 32. Computer Catalogue System MOTION: That the sum of $150.000 be Passed appropriated for the online computerization -see below at Cary Memorial Library, and to raise such amount $150,000 be transferred from the Stabilization Fund; and, in oddition, that the Library Trustees or the Town Manager be authorized to apply for, accept, expend and ' borrow in anticipation of federal and state aid for the pro1eot, provided that the amount to be transferred from the Stabilization Fund shall be reduced by the amount of any such aid receivod, 9:59 n.m. Presented by Selectman Dailey. 10:00 p.m. Timothy Hart, Library onmmittee, explained the information in the motion, 10:06 p.m. Michael O'Sullivan, Appropriation Committee, spoke in favor. 10:06 p.m. Gloria Holland, Capital Expenditures 0ommittee, spoke in favor. Discussion continued. Following a voice vote at 10: 10 p.m. , the Moderator declared unanimous passage. 10: 14 p.m. Karen 000kn, Capital Expenditures Committee, served Notice of Reconsideration. . � - , ARTICLE 37 . Zoning Bv-La*, Bed and Breakfast See p.412 10: 14 p.m. Martha Wood, Planning aoard, moved postponement of this article to monday. April 30. Following a voice vote at /0: 14 p.m. , the Moderator declared postponement. 4=1 .(ADJOURNED SESSION, A,T.m,, CONT. _ *PRI.L` } 1, 199n) ARTICLE 38. Zoning By-Law, Parking Adjustments MOTION: That the Zoning By-Laws of the Town be passed amended as set forth in the motion attached to the -see below report of( the Planning Board on this article. 10: 16 p.m. Martha Wood, Planning avord, moved that the Report of the Planning Board be accepted and placed on Following a voice vote at 10: 16 p.m. , the Moderator declared that the Report had been accepted and placed on file. 10: /6 p.m. Mrs. Wood read the following: That the Zoning By-Law be amended in Section 11 , OFF- STREET P^9xIwG AND LoAoTwa, in subparagraph / 1 .3. 2 f. , by striking out the existing sentence and by inserting in place thereof: "f. Where places of assembly are provided with benches rather than individual seats, each two lineal feet of bench shall equal one seat, and where no fixed seats or benches are used, each 20 square feet of floor area in the largest assembly area shall equal one aeat. � . Discussion followed. ! � rollowinq a voice vote at 10:21 p.m. , tne Moderator declared unanimous passage. ARTICLE 39. Zoning By-Law, Private Flags 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. 10:21 p.m. Martha Wood, Planning eoerd, moved that the Report of the Planning Board be accepted and placed on file. Following a voice vote at 10:21 p,m. , the Moderator declared the Report to have been accepted and placed on file. /0: 21 p.m. Mrs. Wood read the following motion: MOTION: That the Zoning By-Law be amended in Section 13. SIGNS, by adding new sentences in subsection 13.2.e PROHIBITED Passed . i 6IGNS, subparagraph b. , that deals with prohibited wind -see o' 402 actuated signs, as follows: "However a single flag or *anner, such as one containing advertising matter, for each establishment or business on the lot, may be allowed in a commercial zoning district provided the Board of Appeals grants a special permit for it under the provisions or subparagraph 13. 1 .4. As provided in subparagraph 13. 2. / , a government flag is not subject to this provision. There was considerable discussion for and against, �02 (ADJOURNED SESSION, 8.I^ *. . CONT._- APRIL 1L, 1g9O) 10:28 p.m. Selectman Eddison stated the approval of the Design Advisory Committee and the Board of Selectmen. 10:3e p.m. James MoLaunh) in, Pr 8, moved the question. Following a voice vote at 10:39 p.m. , the Moderator declared the main motion to be before the Meeting. Following a voice vote at 10:40 p.m. which was not unanimoua, the Moderator declared the necessity for Ia standing vote. The Moderator called for a standing vote which was tallied as follows: o ows: prec1nct Yes No ` Abstain 1 5 7 2 12 5 3 11 6 4 12 1 5 7 8 6 8 5 7 10 4 8 12 4 9 10 6 At large 16 5 � -- | y Totals 103 51 /0:43 n.m. The Moderator declared nasaaee. 10:44 p.m. William aa/rv. Pr 1 , served Notice of Reconsideration. 10:44 p.m. John Eddison, Chairman of the Board of seleotwen, moved that the meeting be adjourned until Monday, April 23, 1990. at e'00 p.m. , in Cary Hall . Following a voice vote at 10:44 p.m. , the Moderator declared the meeting to be adjourned. A true copy. Attest: | --- ---- ^-- ----- Bernice H. Fallick Town Clerk 403 ADJOURNED SESSION -- 1990 ANNUAL TOWN MEETING APRIL 23, 1990 The meeting was called to order by Moderator Margery M. Battin, at 8:02 p.m. , in Cary Memorial Hall . A quorum was present. 8:02 p.m. The invocation was offered by Rev. Bill Gardner, Reorganized Church of Latter Day Saints. ARTICLE 2. REPORTS 8: 10 p.m. John Eddison moved that the Report of the Affordable Housing Options Committee be accepted and placed on file. Following a voice vote at 8: 10 p.m. , the Moderator declared the Report to have been accepted and placed on file. Mr. Eddison stated that the Report was a concensus document. 8: 17 p.m. Michael O'Sullivan, Appropriation Committee, stated the Committee's view of money articles. ARTICLE 41 . Acceptance of Chapter 147 , 8. 10f of the M.G.L. Passed - see below MOTION: That the Town accept Section 10f of Chapter 147 of the General Laws. 8:21 p.m. Presented by Selectman John Eddison. 8:23 p.m. Town Manager Richard White outlined the intent and Chief of Police Paul Furdon spoke in favor. 8:28 p.m. The Moderator read Section 10f of Chapter 147. Following a voice vote at 8:30 p.m. , the Moderator declared unanimous passsage. ARTICLE 42, Acceptance of Chapter 32, s.22D of M.G. L. - Retirement Board Passed -see below MOTION: That the Town accept Section 22D of Chapter 32 of the General Laws. 8:31 p.m. Presented by Selectman Paul Marshall . (William Spencer, Pr6, stated his intent to abstain. ) Mr. Marshall stated that a deadline existed for acceptance and unless accepted now the option would cease. There was discussion for and against. Following a voice vote at 8:47 p.m. , the Moderator declared passage. ARTICLE 43. Acceptance of Chapter 41 , s.418 - Direct Deposit of Payroll Passed -see below MOTION: That the Town accept Section 418 of Chapter 41 of the General Laws. 8:48 p.m. Presented by Selectman Paul Marshall . Following a voice vote at 8:53 p.m. , the Moderator declared passage. S1 (ADJOURNED SESSION, A.T.M„ CONT. - APRIL 23, 1990) ARTICLE 44. Acceptance of Chapter 60, s.23B of M.G.L. - Municipal Lien Certificate Fees Passed - see below MOTION: That the town accept Section 23B of Chapter 60 of the General Laws. 8:53 p.m. Presented by Selectman Leo McSweeney. Following a voice vote at 8:59 p.m. , the Moderator declared passage. ARTICLE 45. Acceptance of Chapter 40, s.58 of M.G.L. - Ambulance Fee Lien MOTION: That all ambulance fees shall hereafter be subject to a "municipal charges lien" as see below provided in Section 58 of Chapter 40 of the General Laws. 8:56 p.m. Selectman McSweeney moved Indefinite Postponement. Following a voice vote at 8:56 p.m. , the Moderator declared Article 45 to have been indefinitely postponed. ARTICLE 46, Provision for Quarterly Tax Bills Passed - MOTION: That the Town accept Section 41 of see below Chapter 653 of the Acts of 1989, effective at the beginning of fiscal 1992. 8:57 p.m. Presented by Selectman McSweeney. There was discussion for and against. Following a voice vote at 9: 14 p.m. the Moderator declared passage. ARTICLE 47. Provision to Capture New Growth Passed - MOTION: That the Town accept Section 40 of see below Chapter 653 of the Acts of 1989. 9: 14 p.m. Presented by Selectman Marshall . Following a voice vote at 9: 15 p.m. , the Moderator declared passage. (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 23, 1990) • ARTICLE 48. Acceptance of Chapter 40, s.57 of M.G.L. - License Permit Denial for Nonpayment. of Taxes MOTION: That the Town accept Section 57 of Passed Chapter 40 of the General Laws. -see below'' 9: 16 p.m. Presented by Selectman Marshall who asked that Articles 48 and 49 be presented together for discussion but voted separately. • Following a voice vote at 9:23 p,m. , the Moderator declared unanimous passage. ARTICLE 49. General By-Law - Licenses and Permits of Delinquent Taxpayers • MOTION: That Article XXVII of the General By- Laws of the town of Lexington be amended 'as set forth in the article. passed- see below 9:24 p,m. Presented by Selectman Marshall . bottom of page Following a voice vote at 9:24 p.m. , the Moderator declared unanimous passage. ARTICLE 50. 'By-Law Amendment - Town Clerk Fees MOTION: That Article VII of the General By-Laws of the Town of Lexington be amended as set forth in the article. • Passed- 9:25 p.m. Presented by Selectman William Dailey. see p.406A and p.406B Following a voice vote at 9:27 p.m. , the Moderator declared unanimous passage. ARTICLE 51 . Regulations re School, Bus Capacity and Operation MOTION: That the Town accept Section 7L of Failed Chapter 90 of the General Laws. see below 9:27 p.m. Presented by Don Cordell , Pr3, • Discussion followed for and against. Following a voice vote at 9:45 p.m. , the Moderator , declared the article not to have been adopted. .-- ARTICLE 49 GENERAL BYLAW" LICENSES AND PERMITS OF DELINQUENT TAXPAYERS To see if the Town will vote to amend Article XXVII of the General ByLaws by adding a new Section 10 thereto as follows: "LICENSES AND PERMITS OF DELINQUENT TAXPAYERS Section 10. The appropriate licensing and permit•granting authorities of the Town may deny any application for,or revoke or suspend any local license or permit,including renewals and transfers issued by the Board of Selectmen, or any Town officer, committee or board for any person,corporation or business enterprise who has neglected or refused to pay any local taxes,fees, assessments,betterments,or any other municipal charges. The procedure for denying application for,revoking or suspending such local license or permit shall be as set forth in Massachusetts General Laws,Chapter 40,Section 57 es amended. The Collector of Taxes shall charge a lee determined annually for certifying that the person,corporation or business enterprise In question is In good standing with respect to all local taxes,fees,assessments, betterments,or other municipal charges.";or act in any other manner In relation thereto. /1 [\6 (ADJOURNED SESSION, *'T.M.`_CONT. - APRIL 33, 18mO) ARTICLE 52. Lots 407 & 408, Leighton Avenue Passed- See below MOTION: That the Selectmen be and they hereby -� are authorized to acquire by eminent domain or otherwise Lots 2 and 4 on Leighton Avenue as shown on a plan entitled -Taking Plan of Land in -� Lexington, Mass. " by Northeastern Engineering Associates dated January 9.' 1e90. and that the Selectmen be authorized to convey such parcels to the abutting land owners for one dollar and on such other terms as the Selectmen may determine. ' e:45 p.m. Presented by Selectman omiley, Following a voice vote at 9:45 p,m. . the Moderator declared passage. ARTICLE 53. Cut in Military Spending See P. 407 MOTION: That the Town weetinq approve Article 53 and thereby recommend that the Massachusetts Congressional Delegation and the President of the United States reduce military spending in order to cut the federal deficit and to fund pressing econmnic, environmental and social needs. 9:47 p.m. Carol Grndzins. Pr3, moved postponement to April 25. ' - | ] Following a voice vote at 9:47 p.m. , the Moderator declared postponement. ARTICLE 54. enual Educational Opportunity Grants seen. 411 MOTION: That the School Committee is authorized to accept Equal Educational Opportunity Grants that may be available for the current and subsequent fiscal yearn. 9:47 p.m. Polly woodworth, School oommittee, moved that this article be brought up after Article 53 and line item Reconsideration. Following a voice vote at 9:47 p.m. , the Moderator declared postponement. � _-- 8:4o p.m. John Eddison, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday, April 25, 1e90. at e|'oo p.m. , in Cary Hall . Following a voice vote at 9'48 p.m. , tne Moderator declared the meeting to be adjourned. A true copy. Atte8t: /~ Bernice H. Fallick Town Clerk 1990 F: -7 P11 12: 28 6 TOWN CLERK'S FEES ARTICLE 50 Article VII, Section 5. Description Fee 1. For furnishing certificate of birth 5,00 2. For furnishing abstract copy of record of birth 5.00 3, For correcting errors in record of birth 10.00 4. For entering delayed record of birth 10.00 5. For entering amendment of record of birth of child born out of wedlock subsequently legitimized 10.00 6. For entering certificate of birth for person born out of the Commonwealth 10.00 7, For furnishing certificate of death 5.00 8. For furnishing abstract copy of record of death 5.00 9. For correcting errors in record of death 10.00 10. For entering delayed record of death 10,00 11. For entering certificate of death for person who died out of the Commonwealth 10,00 12. For entering notice of intention of marriage and issuing certificate thereof 15.00 13. For issuing certificate of marriage 5.00 14. For furnishing abstract copy of record of marriage 5,00 15. For correcting errors in record of marriage 10,00 16. For entering delayed record of marriage 10,00 17, For entering certificate of marriage filed by persons married out of the Commonwealth 10.00 18. For copying any manuscript or record pertaining to birth, marriage or death per page 5,00 19. For examining records or papers relating to birth, marriage or deaths upon the application of any person, the actual expense thereof, but not less than 5,00 20, For recording order granting locations of poles, piers, abutments or conduits, alterations or transfers thereof, and increase of number of wires and cable or attachmentii ursd4 iKe provisions of section twenty-two of chapter one hundred and sixty-six, and additional for each',' tr'ee$irw' flat rate 40.00 p aY4ncluded in such order 10.00 21, For recording power of attorney 10.00 22. For filing certificate of person conducting business under any title other than his real name 20.00 23, For the filing by person conducting business under any title other than his real name of a statement of change of his residence, or of his discontinuance, retirement or withdrawal from', or of a change of location of, such business 10.00 24. For furnishing certified copy of certificate of person conducting business under any title other than his real name, or a statement by such person of his discontinuance, retirement or withdrawal from such business 5.00 5 25. For filing and indexing assignment for the benefit of creditors 10.00 26. For receiving and filing of a complete inventory of all items to be included in a "closing out sale", "going out of business sale", "discontinuance of business sale", "selling out", "liquidation", "lost our lease", "must vacate", "forced out", or other designation of like meaning first page 10.00 add'l page 2,00 27, For recording the name and address, the date and number of the certificate issued to a person registered for the practice of podiatry in the Commonwealth 20.00 28. For recording certificate of registration granted to a person to engage in the practice of optometry, or issuing a certified copy thereof 20,00 29. For recording the name of the owner of a certificate of registration as a physician or osteopath in the Commonwealth 20.00 30. For filing a copy of written instrument or declaration of trust by the trustees of an association or trust, or any amendment thereof, as provided by section two of chapter one hundred and eighty-two 20.00 31, For recording any paper not specifically named herein, the fee shall, unless otherwise provided, be first page 10.00 add'l page 2.00 If a paper contains the names of more than two parties, an additional fee of one dollar each shall be charged for indexing the names of additional parties Raffles/Bazaars 19'O F:3 -7 Pia; 12, 28 Street Listing per year 20.00 10.00 mailed L�;ny'�71r ` 'cc 12.00 Voter identification card 5.00 Residency certification 5.00 college students no charge Copies of checked voter list used at polls per page .50 Voting lists First copy for candidate or political committee no charge Additional copies per precinct 3,00 Certified copies per page 2.00 non-certified (xerox) per page .20 Renew gasoline storage permit 66.00 . .. 407 ADJOURNED SESSION - 1990 ANNUAL TOWN MEETING APRIL 26, 18gD The meeting was called to order by wooerotnr Margery M. Battin, at 8:02 p.m. , in Cary memorial Hall . r~- A quorum was present. ) 8:05 p.m. The invocation was offered by Rev. Charles Smith, Grace Chapel . A recess was declared at 8:05 p.m. in order that Senator Kraus recognize the National Merit Scholars. 8: 12 p.m. The Moderator declared the Meeting back in session. 8: 14 o.m. Carolyn Wilson, Lincoln Park Subcommittee of the Recreation Committae, moved that the Report of the uummittee be auoeotod and placed on file, Following a voice vote at 8; 14 p.m. , the Moderator declared the Report to have been aocepted and placed on file. 8: 19 p.m. Renee Cochin, Human Services oommittee, asked that Judith Zubin be recognized to speak on the Youth Services Line Item and specifically Replace, 8:24 p.m. Joyce Miller, Conservation Committee, announced a site visit to the Pine Meadows/Meagherville area on April 28. ARTICLE 53. Cut in Military Spending MOTION: That the Town Meeting approve Article 53 and thereby recommend that the Massachusetts Congressional Delegation and the President of the Passed United States reduce military spending in order to -see p. 408 cut the federal deficit and to fund pressing econnmic, environmental and social needs. 8:25 p.m. Presented by Carol Grodzins, Pr3, who asked that Rachel Rosenblum be recognized. Statements were made in support including those of Senator nraue and Representative Doran. 8:44 p.m. Arthur Smith, Pr2, citing the By-laws moved that debate be closed after 15 minutes. There was discussion for and against. 8:51 p.m. John *evward, pro, moved the question. Following a voice vote at 8:51 p.m. , the Moderator / | declared a -no" vote. ) | Discussion continued as to whether debate should be limited. a:ee p.m. The Moderator called for a vote on limiting debate. Following a voice vote on which the Moderator was in doubt, a standing vote was taken which was tallied as follows: 4444, 44_44. 4_44444_4444.44444_44.4444444.. , 4 o8 • • (ADJOURNED SESSION ATM, , CONT. - APRIL 25, 1990) • Precinct Yes No Abstain 1 8 8 • 2 6 10 3 5 11 4 7 9 • 5 6 8 6 8 8 7 3 8 • 8 6 9 9 11 6 At large 9 15 Totals 69 92 8:59 p.m. The Moderator declared that, debate would not • be limited. • Discussion continued. Carolyn Tiffany stated that the • Selectmen had declined to put this article on the • .• ballot and the Town Meeting vehicle had then been chosen. • 9:06 p.m. Marion Reilly, Pr3, stated her intent to abstain on the vote and offered the following motion: • MOTION: that Article .53 be amended by inserting after the word "spending" • • • Failed the following, "except for that • -see below portion of the budget used in the control of illegal drujgs, " Following a voice vote at 9:09 p.m. , the Moderator declared the motion not to have passed. 9:09 p.m. Responding to questions, Selectman Eddison explained that the Board had felt it more appropriate to put, the issue before the Town Meeting rather than the Town Election., Following a voice vote at 9: 19 p.m. , the Moderator • declared the motion offered by Mrs. Grodzins to have been adopted. Following a request from Frank Sandy for a standing vote in order to let the Representatives know what the vote was, sufficient members stood, to call for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 10 7 2 8 5 j 3 10 3 1 4 11 3 5 8 2 1 6 13 2 7 9 3 8 11 4 9 14 3 At large 20 2 • Totals 114 34 2 (AcyOunwFoSsSSIVw. A.T.M. , CONT. - APRIL 25` 1990) 9:23 p.m. James McLaughlin, Pr8, moved Reconsideration of Article 4, Line item 1200. Marita Hartshorn, Pr2, read a resolution which she intended to move if Reconsideration prevailed. William Fitzgerald, Minuteman vooationel Technical High School , presented information, Following a voice vote at 9:35 p.m. , the Moderator declared Article 4, Line item 1200 was before the Meeting, 9:36 p.m. Marita *arta^orn. Prz, moved to amend Article 4, Line item 1200, by adding the following words: Be it resolved that the Town of Lexington request the Minuteman School Committee to assess member foiled- towns for their residents enrolled as see below full time postgraduate students at a cost equal to the financial need of the said students as determined dy the Minuteman School Committee Discussion continued for and against. 9:43 p.m. George aurne} l . Appropriations Committee, stated support of Minuteman but suggested eliminating | | all town funded postgraduate study, Following a voice vote at 9:47 p.m. which was indetorminmblo, the Moderator declared a need for a standing vote which was tallied as follows: Pcecjnst Yes No Abstain 1 11 3 2 9 7 3 12 3 4 5 10 5 6 10 6 6 7 7 3 7 8 5 8 9 7 11 At large 13 11 Totals 77 77 9:51 p.m. The Moderator declared the amendment to have failed. . � Following a voice vote at 9: 51 p.m. . on line item 1200 as passed on March ze, the Moderator declared adoption. 9:52 William w llimm pollon, pr7 , moved Reconsideration of Article 4, line item 4200. 9 :5e p.m. Selectman Jacquelyn Smith stated that a majority of the Selectman were against Reconsideration. 10:06 o.m. Town Manager Richard White gave an explanation of the origin of this line item and Chief Bergeron gave further details. Ain LADJOURNEnGESSIDN, NT. - APRIL 25, 1990) 10:24 p.m. wichae) O'Sullivan, Appropriation Cnmmitt*e, spoke against Reconsideration. There was further discussion for and against. |' 10:29 p.m. Donna Houner. Pr3, moved that the vote on | � Reconsideration be a roll call vote. An insufficient number of members stood to support Mrs. *poper'o motion. Following a voice vote at 10:2e p.m. . the Moderator declared that Reconsideration did not prevail . Sufficient members stood to doubt the vote and a standing vote was taken which was tallied as follows: Precinct Yes No Abstain 1 10 8 2 8 10 3 5 10 4 4 11 � 5 4 13 6 2 13 7 4 8 8 6 10 9 5 13 At large 4 21 Totals 52 117 ! y 10:35 p.m. The Moderator stated that Reconsideration did not prevail . 10:35 p.m. Fred Roeenberg. Prn, moved Reconsideration of Article 4, line item 5400. 10:36 p.m. Richard Michelson, Pr8, moved to adjourn to Monday, April 30, at a p.m. Following a voice vote at 10:39 'p.m. , the Moderator declared that there would not be adjournment at this time. Sufficient members stood to doubt the vote and the Moderator called for a standing vote which was tallied as follows: precinct Yes No Abstain 1 7 7 2 7 8 ! 3 10 6 �! 4 10 6 L~� 5 8 9 6 1 13 7 a 7 8 8 8 9 6 10 At large 9 15 Totals 71 89 10:39 p.m. The Moderator stated there would not be adjournment at this time. 411 L«nJOVRSESSION, A.T.M., CONT. - APRIL 25^ 18901 Discussion continued on Article 4, line item 5400. 10:47 p.m. Selectman Eddison spoke in favor of a six route system, 10:4e p.m. A majority of the Appropriation Committee stated opposition to Reconsideration. Following a voice vote at 10:53 p.m. , the Moderator declared that Reconsideration did not prevail . ARTICLE 54. Equal Educational Opportunity Grants IPP -see below MOTION: That the School Committee is authorized to accept Equal Educational Opportunity Grants that may be available for the current and subsequent fiscal years. 10:55 p.m. Lois ooit, School Committee, moved Indefinite Postponement. Following a voice vote at /0:e5 p.m. , the Moderator declared Indefinite Postponement. -------- 10:56 p.m. John Eddison, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Monday, April 30, 1990. at 8:00 p.m. , in Cary Hall . Following a voice vote at 10:56 p.m. , the Moderator declared the meeting to be adjourned. A true copy. Attest: - Bernice H. Fallick Town Clerk A 1 9 . ADJOURNED SESSION - 1e90 ANNUAL TOWN MEETING APRIL 30, 1990 The meeting was called to order lav Moderator Margery M. / Battin, at 8:05 p.m. , in Cary Memorial Hall . A quorum was present. -�` 8:05 p.m. The jnvncation was offered by Rev. Alfred Mattes. ! � The Moderator congratulated Robert Rotberg on his appointment as President of Lafayette College and paid tribute to Judith uhr`n for her contribution to the Planning 8nord. The Moderator announced that the annual critique of Town Meoti"q procedures would be held on June 13, 8 p.m. , in Estabrook Hall . ARTICLE 2. REPORTS 8: 12 p.m. Selectman Dailey introduced William Kennedy, Permanent Building oomm,tt*e, who spoke particularly in response to comments which had been made on April 11 regarding the role of the Committee and school related items. 8:20 p.m. Robert Hutchinson, former Town Naneger, presented the history of the Committee and praised the skills of the volunteers in tuwh. 8:25 p.m. Polly wonuworth, School cnmmittee, stated that Dr. Geiger's comments had been intended to asked for authority to oversee the money which Town Meeting would Vote that night. ! � 8:26 p.m. Marshall Derby reported for LexHAB. ARTICLE 37 . ZONING BY-LAW, BED AND BREAKFAST MOTION: That the Zoning By-Laws of the Town be Passed amended as set forth in the motion attached to the -see P. 415 report of the Planning Board on this article. 8:28 p.m. Presented by David Williams, Planning aoord. Mr. Williams moved that the Report of the Planning Board be accepted and placed on f` le. Following a voice vote at 8: 28 p.m. . the Moderatnr declared the Report to have been accepted and placed on file. MOTION: Thet the •Zon`ng By-Law be amendeU, as follows: a. In Section 2, oEFrwzTzowo, by inserting two new definit`nns, in the proper alphabetical sequence: "BED AND BREAKFAST HOME: A private owner-nooupied dwelling unit where three or fewer bed and breakfast �| units (See Definition) are let, and a breakfast is :| included in the rent, as an accessory use, in which --u available overnight. accommodations are ava a e f or overn 9 . Goe Section s 5 ''. . ''BED AND BREAKFAST UNIT: A rental quest unit in a beg and breakfast home (See oe+1nit1nn and Section 5.5) consisting of one bedroom and an adjoining bathroom, if provided. " b. In SECTION 4, TABLE 1 PERMITTED USES AND DEVELOPMENT STANDARDS, by renumbering the existing lines 1 .23 to ` .00, and all cross references thereto, to be lines 1 .24 to 1 .34 respectively and by inserting a new 7 � _ u (ADJOURNED SESSION, 8'T.M,. CONT. - APRIL 30, 1990) line 1 .23. as follows: ^ / .oa Bed and Breakfast Home (see Section 5.5)" and ! under the columns headed no, RS the symbol Y'' ; and in the columns for all other diotrints, the symbol "w^ which stands for No, not permitted. c. By deleting the wording ^o.0 (Reserved)^ ; by redesignating the existing Section 5.5 NURSERIES, and all cross references theretu, to be "SECTION 6 NURSERIES" ; and by inserting a new Section 5.5 as follows: "5.5BED AND BREAKFAST HOME A bed and breakfast home is a private owner-oocunio4 dwelling unit where three or fewer bed and breakfast unite (See Definition) are let, and a breakfast is included in the rent, as an accessory use, in which accommodations are available for overnight. 5.5. 1 OBJECTIVE The conversion of an existing single-family dwelling unit into a bed and breakfast home containing not more than three bed and breakfast units is intended to provide standards to ensure that any dwelling containing a bed and breakfast home is maintained primarily as a residence and the bed and breakfast accommodations are subordinate and incidental to the principal use of the dwelling as a residence, 5.5.2 CONDITIONS AND REQUIREMENTS The Building Commissioner may issue a certificate of occupancy for a bed and breakfast home to be conducted in a one-family dwel | »pg unit in an RO or RS district provided that each of the following conditions and renuirementa are met: a. General 1 , No bed and breakfast home, new or pre- existing, shall be operated without first being granted a certificate of occupancy from the Building Commissioner. Each bed and breakfast home in existence on the effective date of this provision is not a nonconforming use, is in violation of the Zoning By-Law and is not entitled to remain in operation without the issuance of a certificate of occupancy. 2. A bed and breakfast home is an accessory use __ and the primary use of the dwelling unit shall remain as a residence and not as a lodging house or as a "bed and breakfast establishment' , as that term is defined in Chapter 64G of the Massachusetts General Laws. As an accessory use, the bed and breakfast operation shall not occupy more than 45 per cent of the gross floor area of the dwelling unit, and shall meet the criteria for an accessory use set forth in paragraph 4. 1 .6. 3. Within one dwelling unit there shall be a maximum of three (3) bedrooms which are rented to roomers, boarders or bed and breakfast units. Within a dwelling, (the atrunture, see definition of dwelling) there 414 (ADJOURNED SESSION, A.T.w„ CONT. _ APRIL 30. 1990) shall be a maximum of three (3) bedrooms which are occupied as an accessory apartment, or rented to roomers, boarders or bed and breakfast units. | ) 4. Food for a fee may be served only to ! � overnight queata . 5. No signs beyond those allowed by Section /3.2.2 of this By-Law shall be permitted. b. The dwelling unit containing the bed and breakfast home shall be designed so that the exterior appearance of the structure remains that of a one- family dvelling, subject further to the following conditions and requirements: 1 . All stairways to upper stories shall be enclosed within the exterior walls of the dwelling. There shall be no exterior fire escapes. 2. An enlargement or addition to the structure is permitted provided the architectural character of a one-fmmlly dwelling is main- tained. c. Parkine. In order to maintain the appearance of a single- family neiohb"rhnnd, all parking spaces on the lot Shall be subject to the following conditions and requirements in addition to those set forth in Section 11 Off-Street Parking and Loading: i 1 . There shall be one parking space provided for each bed and breakfast unit. 2. Newly created parking spaces may be located only in the rear and side vard. 5.5.3 PROCEDURES 5.e.3. 1 Each application for a certificate of occupancy shall be accompanied by: a. Floor plans, drawn to acale, of the dwelling showing each of the bed and breakfast units to be designated and the access to, and esreao from, each such unit. b. An off-street parking plan as required in section 11 .2. c. Where exterior changes are proposed, an elevation, or other visual representation, of the facade to be changed sufficient to snow the architectural character of the dwelling is maintained as a one-family house. d. An application for inspection of the property by the Building Commissioner to determine compliance with the current requirements of the Massachusetts State Building Code. � [ 5.5.3.2 The certificate of occupancy for the bed and -e breakfast orerat`nn shall be limited to a maximum of three (3) years. A certificate of occupancy shall be issued only to the owner of the property and shall not be transferable. Any changes in ownership of the property shall require a new certificate of occupancy. 5.5.3.3 Upon issuance of a certificate of occupancy, the Building Commissioner shall notify abutters of the lot that a certificate of occupancy has been issued and of the terms and conditions under which it has been issued, " z11 � ��" (ADJOURNED SEaSION,- 8.T^M„ CONT. - APRIL 30, 19901. 8:29 p.m. mr. Williams explained and there were comments for and against. Following a voice vote which was not unanimous, the wnuerator called for a Standing Vote which was tallied as follows: Precinct Yea No Abstain 1 16 1 2 12 2 3 16 0 4 11 3 5 16 2 6 16 0 7 10 2 8 13 2 9 12 2 At large 21 4 ___ Totals 143 18 e:41 p.m. The Moderator declared passage of Article 37. The Moderator stated that Articles 55 and 56 would be discussed together. � a oqe� r. ARTICLE 55. PINE MEADOWS DEVELOPMENT Passed MOTION: That the Town Meeting endorse the -see P. 417 following guidelines for the Pine m*ndovn/Meaqherville Site Development Committee: 1 . Forty units of affordable rental housing should be built. 2. A road connecting Cedar Street and Garfield Street should be constructed as part of the development. 3. The sale of up to 12 building lots to private developers for single family housing should be the primary form of financing for this development. 8:41 p.m. Selectman Paul Marshall presented the motion and explanation. — ` ARTICLE 56. MEAGHERVILLE LAND, HOUSING, CONSERVATION, 7— RECREATION USES • MOTION: That the Town Meeting endorse the following procedure: Failed (a) Utilizing the skill and raourcea of LexHAB and of -see P. 418 outside consultants as nyeded, the Selectman shall orepare detailed plans for affordable housing on the Pine Meadows-Meagherville site in substantial accordance with the concept plan presented by the Precinct 8 neaidenta Association .to this Town Meeting; which plan provides for the construction of approximately 20 units of affordable houai^g, which excludes the construction ofany road connecting Garfield and Cedar nte. , which excludes the sale of land on the Pine meagowe-weognarville site for purposes � l � (ADJOURNED SESSION, A.T.M. , CONT . - APRIL 30, 1990) of financing the development, and which transfers the remaining land of the Pine wenuows-Meaqherville site (exclusive of the land used for the golf course) to the Conservation Commission, (b) The Selectmen shall invite the participation of -~- neighborhood repreaentotiveo, representatives of apprppriatp Town ooardo, and other peroono, as appropri*te, in the formulation of the detailed plana. (c) The Selectmen shall present the detailed plans for review and approval to a Special Town Meeting to be convened in the fall of this yearor at the earliest reasonable date. Such plans may include a request for rezoning portions of the site. (d) The Selectmen shall hold nub\ `c hearings as appropriate, but at least one such hearing shall be held no later than 6 weeks prior to the Special Town Meeting noted in part (c) of this motion. e:04 p.m. Presented by Jay Kaufman, Pra. Alan Levine, Pr8, and Mr. Kaufman continued the explanation. 9: 17 p.m. Martha Wood, Planning oonro, moved that the Reports of the Planning Board on Articles 55 and 66 be aooentou and placed on filo. Following a voice vote at 9: 18 p.m. , the Moderator stated that the Reports had �—�. been accepted and placed on file. Mrs. Wood continued � the explanation. 9.27 p.m. `here was considerable discussion for and against both Article 55 and Article no, with the Conservation Commission stating its desire that the entire area not be developed. 10:45 p.m. George Burnell , Pr? , moved the question. Following a voice vote at f0:46 n.m. as to whether the main question should be put, the Moderator declared a theno vote. Sufficient members stood to doubt thvote, and the Moderator called for a standing vote which was tallied as follows: Precinct Yes mo Abstain 1 14 4 2 10 7 3 9 6 4 7 8 5 8 7 6 3 12 7 3 10 8 3 15 9 9 6 At large 19 6 ^-~ Totals 85 81 10:48 p.m. The Moderator declared the main question to be before the Meeting. 10:61 p.m. Selectman Marshall commented further, followed by Mr. Kaufman. The Moderator called for Standing Votes which were tallied as follows: t 7 (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 30, 1990). Article 55, #1 Forty Units Precinct Yes No Abstain 1 13 5 2 11 6 3 10 7 4 8 7 5 10 7 6 12 2 7 9 5 8 2 16 9 10 5 At large 16 8 Totals 101 68 The Moderator declared passage at 11 :04 p.m. Article 55, #2 Road The Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 15 3 2 11 6 3 9 7 4 8 7 5 9 8 6 11 3 7 8 5 8 2 16 9 9 6 At large 13 11 Totals 95 72 The Moderator declared passage at 11 :07 p.m. Article 55, #3 Twelve lot sale The Moderator called for a standing vote which was tallled as follows: Precinct Yes No Abstain 1 13 5 2 6 11 3 13 4 4 6 9 5 7 10 6 9 5 7 8 6 8 4 14 9 9 6 At large 13 11 Totals 88 81 The Moderator declared passage at 11 :09 p.m. _ _ _ A��^ - � .(ADJOURNED SESSION, A'T'm. . CONT. - APRIL 30', 1990) ARTICLE su. MEAGHERVILLE LAND, *ouazwa, oowasRVATI0N, See RECREATION USES Motion o. 415 The Moderator called for a standing vote which was tallied as follows: Precinct Yes No Abstain 1 2 16 2 4 13 3 6 11 4 6 9 5 2 12 6 1 13 7 6 8 8 9 7 9 3 11 At large 7 15 Totals 46--- 115 ----- 11 : 12 p.m. The Moderator declared that Article 56 had not been adopted. 11 : 13 n.m. Ephraim Weiss, Pr5 , moved Reconsideration of Article 4, line item soon . Following a voice vote at 11 : 13 o.m. . the Moderator declared that Reconsideration did not nrevni/ . 11 : 17 p.m. Iris wheaton, Pr7 , moved Reconsideration of -- Article 4, line items 3100 and 7110. Following a voice vote at 11 ' 21 p.m. , the Moderator declared that Reconsideration did not prevail . _-__--- . 11 : 21 p.m. Julian Buusgnnq asked for a report on Emerson Gardens and further study. -- --------- ----- ARTICLE 57 . USE OF FUNDS TO REDUCE' TAX RATE MOTION: That the sum of $2.*15.409 be Passed appropriated to reduce the tax levy for the -see below fiscal year beginning July 1 , 1990. and that such amount be transferred from the Unreserved Fund Balance. / 1 :23 p.m. Presented by Selectman Eddison. 11 :23 p.m. Michael O'Sullivan, Appropriation committee, spoke in favor. Following a voice voice at 11 :23 p.m. , the Moderator declared unanimous passage. ---- -------------------------- | 1 / :24 p.m. Selectman Eddison moved Dissolution of the 1990 Annual Town Meeting. `- Following a voice vote at 11 : 24 n.m. , the Moderator declared the Meeting to ne Dissolved, A true copy. Attest: Bernice H. Falliok Town Clerk