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SPECIAL TOWN MEETIN - NOVE 26, 1984
The meeting was called to order in Cary Memorial Hall at 8 P.M. by the
Moderator, Lincoln P. Cole, Jr.
There were 187 Town Meeting Members present.
Invocation was offered by Reverend Brian S. Dixon, Pastor of the First
Baptist Church. 8:01 P.M.
Town Clerk, Mary R. McDonough, read the warrant for the meeting until
further reading was waived by the meeting. 8:02. P.M.
The Constable's Return of the Warrant was read by the Town Clerk. 8:03 P.M.
Margery M. Battin, Chairman of the Board of Selectmen, informed the meeting
that it was the consensus of the Board and of the chairmen of the various
committees, that all of the town meetings be called to order and start immedi-
ately at 8 P.M. whether the different committees and town meeting members were
in their seats. She advised that everyone be on time. 8:04 P.M.
Article 1. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
The Moderator asked the Appropriation Committee, Capital Expenditures
Committee and any other committees if they had any reports to file.
As there were none, he stated that Article 1 would be open throughout
the entire meeting. 8:04 P.M.
Article 2. CONSERVATION LAND PURCHASE
Presented by Selectman John C. Eddison.
MOTION: That this article be postponed until December 10, 1984 at
8 P.M. 8:04 P.M.
Moderator, Lincoln P. Cole, Jr. stated that he would not preside on
the vote or any subsidiary motions on this article. lie then stepped
down and turned the meeting over to the Town Counsel, Norman P. Cohen.
8:05 P.M.
Mr. Eddison explained that the Town does not have an agreement with
the owners of the Pine Meadows Country Club at this time but that
there is a reasonable chance that they can come to an agreement, so
on that chance, they are asking for a postponement of the article.
He added, that if the agenda is not entirely finished tonight, the
remaining articles would be carried over to the December 10, 1984
meeting. He then gave a short background of what has been happening
on this project since last June. 8:07 P.M.
Selectman Paul W. Marshall, who with Mr. Eddison is co- chairman of
the Negotiation Committee as appointed by the Board of Selectmen, gave
the following summary of the committee's activities:
October 3, 1984: Owners submitted offer and would like money by the
end of the year.
October 4, 1984: Town acquires appraiser.
November 1, 1984: Made verbal offer to the owners excluding Bates
Road property.
November 7, 1984: Owners made written offer asking for rezoning of
Cedar Street and Bates Road. Committee rejects
offer.
November 10, 1984: Town puts offer in writing and asked for a meeting
with guardian ad litem.
November 16, 1984: Owners receive letter of intent from new purchaser
for higher amount.
November 19,1984: Meeting with guardian ad litem to request copy
of written offer.
November 19 - 26, 1984: Owners unable to finalize purchase.
Mr. Marshall said that the committee feels that the town's current
offer is consistent with their appraised value.
40 6 (S pecial Town Meeting - No 26, 1984.)
Article 2. As of today, according to Mr. Marshall, the owners will try to obtain
(Cont.) a purchase agreement form from the interested purchasers. If there
is no signed commitment from the owners by December 10, 1984, the
Selectmen will move to postpone this article. Mr. Marshall asks that
the meeting vote for the postponement to December 10, 1984 to see if
the town can reach a deal. 8:20 P.M.
Mr. Eddison's motion to postpone Article 2 to December 10, 1984 at
8 P.M. was declared adopted by voice vote. 8:20 P.M.
(See Page 411, 413 and 420)
Article 3. Presented by Margery M. Battin. COMPUTER ASSESSMENT SYSTEM
MOTION: That the sum of $60,000 be appropriated for the purchase of
(As a computer- assisted assessment system for the Assessors' Office, and
adopted) to raise such amount, $17,251.04 be transferred from the appropriation
voted under Article 33 of the Warrant for the 1979 Annual Town Meeting
and $42,748.96 be transferred. from the Excess and Deficiency Account.
8:21 P.M.
Mrs. Battin explained that this appropriation would be for a one time
expense for the purchase of software for the Assessors' Department.
When bids were received for the town computer system, as authorized
at the 1984 Annual Town Meeting, there was only one bidder with a
program for the Assessors' Department, but, it was not felt that this
particular bidder was the best for the over -all project. This
reguest is being made at this special town meeting rather than at the
1984 Annual Town Meeting as the clock is ticking, time is going by
and the spring would be too late to get the project in motion.
8:28 P.M.
Town Manager Robert M. Hutchinson, Jr. was recognized and he hoped
that everyone had picked up the "Fact Sheet" on the back table as it
answered some of the questions that had been raised at last week's
Town Meeting Members Association Information Meeting. IIe added
that this system, as requested at this time, would be for residential
property and the town may have to come back in the spring for more
money for commercial and industrial property. Revaluation is
mandated by law and, if the town does not do a revaluation every
three years, the state will come in and order the town to revalue.
It will be cheaper if the town can do this itself. Mr. Hutchinson
expressed thanks and appreciation to David Gilbert, Chairman of the
Data Processing Committee and to Michael J. O'Sullivan, a member of
the Appropriation Committee, for all their help and assistance.
8:34 P.M.
David Gilbert, Chairman of the Data Processing Committee, gave an
overview of the procedures and finalization of the town's computer
system that was recently awarded to Data National. He said that of
the eleven vendors bidding on the town system, only one vendor had a
package for the Assessors Department. And, as stated by Mrs. Battin,
this vendor's package was not the best of the lot. 8:37 P.M.
In response to a question raised by William T. Spencer, Mrs. Battin
said that the Assessors say that the law does not require them to
go house to house for revaluation. 8:39 P.M.
William J. Dailey, Jr., Chairman of the Appropriation Committee,
voiced the approval of his committee on this article. 8:40 P.M.
In answer to Frank Sandy, Mr. Hutchinson stated that the maintenance
cost would be approximately $300. per month. 8:52 P.M.
Daniel L. McCabe, Chairman of the Capital Expenditures Committee,
said that although his committee is upset with the procedures that
have gone on, they would reluctantly support the article. 8:53 P.M.
Although Frederick C. Frick does not disapprove of computerizing the
Assessors' Department, he said that he does not feel that we should
rush into it. He added that he does not feel that we should be
pushed by the idea of the state taking over the reassessment process.
He asked that the meeting vote this article down. 8:55 P.M.
(Spec Town Meeti - November 26, 4
Article 3. Responding to Louis E. Conrad, Mr. Hutchinson said that the town
(Cont.) would not be able to do work for other towns in order to recoup
some of the costs as the program would be under license to the
vendor. Also, regarding reducing the staff in the department,
Mr. Hutchinson said that this would be additional work for the
existing staff which had already been reduced by Proposition 2i.
8:57 P.M.
Former Assessor John J. McWeeney praised the work of David Stusse
of the Assessors Department in the last revaluation and spoke of the
volume of work that had to be done. 8:58 P.M.
Esther S. Arlan, on behalf of the Capital Expenditures Committee,
raised the following questions: 1. How many other towns use this
system? 2. What would happen if we wait until spring? 3. Does
this just relate to residential? 8:59 P.M.
Mr. Hutchinson answered that Boston, New York and Vermont use this
system; the town will be back in the spring for commercial property
but hopes that it will be less; if we wait until spring, we would
not be able to do the job. 9:01 P.M.
Main motion, as presented by Mrs. Battin, was declared adopted by
voice vote. 9:02 P.M.
Paul E. Hamburger said that as Article 4 and 5 covered the same subject, he
would like to have them discussed together but voted on separately. 9 :02 P.M.
The Moderator stated that the meeting would discuss Articles 4 and 5 together
but they would, of necessity, be voted on separately. 9:03 P.M.
Article 4. POOR FARM
Presented by Paul E. Hamburger.
(Lost) MOTION: That the vote passed under Article 9 of the Warrant for the
1984 Annual Town Meeting be rescinded.
9:03 P.M.
Mr. Hamburger explained that the Town Meeting Members Association
had introduced Articles 4 and 5 and they did not feel that the
intended use of this property was an appropriate use.
9:06 P.M.
Richard Harding, a resident at 83 Hill Street, voiced his concern
about a duplex house being built as the neighborhood is all single
family dwellings. He urged the meeting to vote "yes" on Article 4
and under Article 5 instruct the town to construct a single family
dwelling. 9:15 P.M.
Paul W. Marshall said that the Board of Selectmen were unanimous in
their opposition to Article 4. He asked that Roberta Black, Chairman
of Youth Services Committee be recognized. Mrs. Black spoke of the
need of this type of housing and said that the mentally retarded that
would be living here would be between the ages of 16 and 62. They
would be under supervision at all times when they are at home.
9:19 P.M.
Paul Riffin said that he felt that this was a fine idea and thinks
that Lexington should support this program. IIe questioned the size
of the lot (15 -,000 sq. ft. according to Angela E. Frick), and he
felt that there should be a resolution that this construction would
be a single family dwelling. 9:21 P.M.
Charles E. Connolly, Jr. wondered if the land would revert back to
the Conservation Commission. Mr. Hamburger said that the Selectmen
had not conveyed the land to the Lexington Housing Authority and, if
Article 4 is adopted, it would not be conveyed. It would stay with
the Board of Selectmen and not go back to the Conservation Commission
without a special vote of town meeting. 9:25 P.M.
40 8 (S pecia l Town Meeting - November 26, 1984.)
Article 4. Jacquelyn H. Ward urged the meeting to vote "no" on this article.
(Cont.) 9:25 P.M.
Mr. Hamburger answered Marshall J. Derby's question by saying that
if Article 4 is adopted, he (Mr. Hamburger) plans no amendments to
Article 5. 9:25 P.M.
Angela E. Frick, Conservation Commission member, explained that the
lot size is 15,000 square feet and that any house built on this lot
would have to be very small. She added that this lot, Lot 6, has
a drainage problem and the Commission questions whether_ this is a
suitable lot for this purpose. 9:27 P.M.
I
Selectman John F. McLaughlin explained that this lot is an average
size lot in this particular neighborhood. The house will look like
a single family house although it will be a. duplex. He asked that
the meeting vote "no" on this article. 9:30 P.M.
Paul Newman asked that Bill Crane, a resident at 18 Hill Street, be
recognized. Mr. Crane urged a "no" vote on Article 4.
9:33 P.M.
James M. McLaughlin, Chairman of the Lexington Housing Authority,
introduced Steven Spinetto, State Senior Development Officer for
Chapter 766, who showed slides of houses in various towns that have
been built or renovated for the purpose of housing the mentally
retarded. The building that would be built on the Poor Farm lot
will be slightly larger than some of the houses in the neighborhood -
approximately 2,500 square feet. 9:38 P.M.
Mr. McLaughlin then asked that Margaret Cole, a resident at
1 Belfry Terrace be recognized. Mrs. Cole voiced her support of the
town proposal for the home. She explained that she is a neighbor of
the same type of home on Forest Street and that there have never
been any problems. The inhabitants are never left unattended and
they have been excellent neighbors. 9:40 P.M.
Marian G. Shepp, a resident at 68 Shade Street, was recognized and
she spoke in favor of the house for the retarded. She is the mother
of a mentally retarded child who has been housed outside of Lexing-
ton and it has become very costly. She therefore spoke of the needs
for this type of housing for others as well as her own family.
9:45 P.M.
Florence E. Connor said that she would like to swap this lot, Lot 6,
for another lot in the town. 9:45 P.M.
Donald D. Wilson, Lexington Housing Authority Member, urged a "no"
vote on Article 4. 9:53 P.M.
Elizabeth G. Flemings said that the Planning Board supported the
housing but did have concerns. They would support a "no" vote on
Article 4 but hope that the Selectmen keep in the mind the density
in the area, adding that the project would be exempt from zoning
regulations. 9:55 P.M.
Margaret F. Rawls and William T. Spencer urged a "no" vote and
Mr. Spencer added that there are no other sites so there couldn't
be any swap with this lot. 10 P.M.
Benjamin H. Golini urged a "yes" vote and stated that he would then
move to amend Article 5. 10:07 P.M.
Lloyd Gilson moved the previous question which was declared adopted
by voice vote. 10:07 P.M.
Main motion under Article 4, as presented by Paul E. Hamburger, was
declared lost by voice vote. 10:08 P.M.
(Special Town Meeting - November 26, 1984.) 0
Article S. POOR FARM
Presented by Paul E. Hamburger.
MOTION: That this article be indefinitely postponed.
Adopted unanimously. 10:08 P.M.
Article 6. SANITARY SEWERS
Presented by Robert F. Sacco.
(As MOTION: That the Selectmen be and they hereby are authorized to
adopted) install sewer mains and sewerage systems in such accepted or un-
accepted streets or other land as the Selectmen may determine,
subject to the assessment of betterments or otherwise, in accordance
with Chapter 504 of the Acts of 1897, and acts in addition thereto
and amendment thereof, or otherwise, and to take by eminent domain,
purchase or otherwise acquire any fee, easement or other interest
in land necessary therefor; to appropriate for such installation and
land acquisition the sum of $310,000 and to raise such amount $310,000
be transferred from the Excess and Deficiency Account; to authorize the
Selectmen to apply for, accept, expend and borrow in anticipation of
federal and state aid for such sewer projects; and to authorize the
Selectmen to enter into an agreement with the Town of Arlington to
provide for a sewer connection for Bowman Street and Golden Avenue
on such terms as they may determine including the assumption of a
proportional cost of the operation of any necessary sewer pump in
Arlington and the payment, if any, of Arlington sewer taxes which
may be instituted.
10.10 P.M.
Mr. Sacco listed the following streets to be included, although not
necessarily in their entirety:
Contract A: Spring Street, Vine Street, Bowman Street and
Golden Avenue
Contract B: Alpine Street, Pleasant Street, Wood Street and
Piper Road
10:15 P.M.
William J. Dailey, Jr., Chairman of the Appropriation Committee and
Daniel L. McCabe, Chairman of the Capital Expenditures Committee
stated that their respective committees recommended favorable action
on Article 6. 10:15 P.M.
Main motion, as presented by Mr. Sacco, declared adopted by voice
vote. 10:16 P.M.
Manfred P. Friedman moved that this meeting be adjourned to Monday, December
10, 1984 at 8 P.M. in Cary Memorial Hall. 10:17 P.M.
David G. Williams served notice of reconsideration of Article 6.
10:19 P.M.
Voice vote on Mr. Friedman's motion to adjourn to Monday, December 10, 1984
at 8 P.M. was doubted by the Moderator, so a standing vote was taken as
follows:
41-0 (Spec Town Meeting - Nov ember 26, 1984.)
Voice vote on motion to adjourn:
PRECINCT IN FAVOR TELLERS OP POSED
One 13 Nancy L. Barter 4
Two 14 Karen A. Docks 3
Three 9 Marian C. Reilly 8
Four 5 Peter C. J. Kelley 7
Five 9 Julie F. Triessl 4
Six 7 John S. Willson 12
Seven 10 Winifred L. L. Friedman 7
Eight 9 Benjamin H. Golini. 6
Nine 15 L. Gail Colwell 2
At Large 14 John R. Campbell 12
Totals 105 65
Mr. Friedman's motion to adjourn to Monday, December 10, 1984 at 8 P.M.
in Cary Memorial Hall was declared adopted.
10:25 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
ADJOURNED SESSION OF THE NOVEMBER 26, 1984 S PECIAL TOWN MEETING
HELD DECEMBER 10, 1984
The meeting was called to order at 8 P.M. in Cary Memorial Hall by the
Moderator, Lincoln P. Cole, Jr.
There were 158 Town Meeting Members present.
Invocation offered by Reverend John H. Satterberg, Pastor of the 'Trinity
Covenant Church. 8:01 P.M.
The Moderator informed the meeting that Article 1 would remain open through-
out the meeting.
The Moderator stated that the meeting was now open on Article 2.
Article 2. CONSERVATION LAND PURCHASE
(See Paul W. Marshall moved that Article 2 be postponed to February 4,
Pages 1985,at 8 P.M. 8:02 P.M.
405,
413 The Moderator stepped down and turned the meeting over to the Town
and Counsel, Norman P. Cohen. At the November 26, 1984 session of this
420) meeting, Mr. Cole stated that he would not preside on the vote or
any subsidiary motions on this article. (See Page 405)
The intent of the postponement is to keep open a tactical option.
Mr. Marshall stated that they do not have a deal.and that the owners
of the Pine Meadows Golf Course on Cedar Street have not shown the
town a signed, unconditional purchase and sale agreement with a
third party. If there is no deal on February 4, 1985, the meeting
will be again adjourned to Monday, March 25, 1985, the first
session of the 1985 Annual TownMeeting.
Mr. Marshall's motion to postpone Article 2 to February 4, 1985 at
8 P.M. was declared adopted unanimously. 8:06 P.M.
Article 7. RESOLUTION RELATING TO MINUTEMAN REGIONAL
VOCATIONAL TECHNICAL SCHOOL
Presented by Benjamin H. Golini.
MOTION: That the resolution set forth in this article be approved.
8:07 P.M.
(Resolution as set forth in the article in the warrant:
(As RESOLVED that Chapter 196 of the Acts of 1984 entitled "An Act
Adopted) Authorizing The Minuteman Regional Vocational Technical School
District To Enter Certain Leases Or Contracts" be amended to
require a two - thirds vote of town meeting rather than a majority
vote before such leases or contracts may be entered into by the
District.)
Mr. Golini explained that this article was presented by the
Town Meeting Members Association Executive Board and added that said
board takes no stand on this article, either for or against. He
then gave the highlights of Chapter 196 of the Acts of 1984.
8:10 P.M.
Selectman John C. Eddison, saying that he agrees with Selectman
Marjery M. Battin, stated that this should be an educational exemption
and recommended to the meeting that they adopt the resolution.
8:20 P.M.
Judith J. Uhrig voiced the support of the Planning Board for this
resolution. 8:21 P.M.
Margaret F. Rawls favored the resolution while Jacquelyn H. Ward,
reading a statement of the Executive Director of the Children of
Special Needs Program, voiced disapproval.
8:30 P.M.
412 (Adjourned S of the November 26, 1984 Special Town Meeting -
held December 10, 1984.)
Article 7. William W. Welch, Jr., Robert Jackson, Minute Man Regional School
(Cont.) Committee Member from Lexington and Jack Donahue, Chairman of the
Arlington School Committee all spoke in opposition to the resolution.
8:40 P-M.
Ronald Fitzgerald, Superintendent of the Minute Man Regional School,
spoke in opposition, stating that the school was using a hotel, not
a hotel using school. He added that the issue was quality, and that
he would come back to town meeting with details of the lease.
8:57 P.M.
Arthur C. Smith asked if a referendum process was included in
Chapter 196. Town Counsel Norman P. Cohen stated that as he
represented both the Minute Man Regional School and the Town of
Lexington he would not take part in the discussion without consent
of both but he did answer Mr. Smith's query that there was a
referendum process . 9.04 P.M.
Julian J. Bussgang said that the land was taken by a two - thirds
vote and he felt that it is appropriate that this proposal should
be a two- thirds vote. 9:05 P.M.
John W. Maloney spoke in opposition to the resolution. 9:05 P.M.
James M. McLaughlin asked that the following former students of the
school be recognized and they all spoke in opposition to the
resolution and praised the school and its programs: Ann M. Pace,
Barbara Brackett and Rita Shapiro. 9:11 P.M.
Donald D. Wilson stated that he was impressed with the school and
did not feel that this was a zoning issue but that it was an educa-
tional issue. 9:13 P.M.
Patricia A. Swanson spoke in opposition to the resolution and said
that if adopted, this would make it very difficult for the school.
She urged defeat. 9:17 P.M.
Paul E. Hamburger, Chairman of the Town Meeting Members Association,
told the meeting that this is not a vote for or against vocational
education and urged support of the resolution. 9 :18 P.M.
Gerald L. Abegg felt that this was not an educational issue and also
felt that we should ask for a two - thirds vote. 9:19 P.M.
George A. Burnell moved the previous question which was declared
adopted by voice vote. 9:20 P.M.
Main motion, as presented by Benjamin H. Golini, was declared
adopted by voice vote. 9:20 P.M.
Paul W. Marshall moved that this meeting be adjourned to Monday, February 4,
1985 at 8 P.M. in Cary Memorial Hall. Adopted by voice vote. 9:20 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
Manfred P. Friedman, 176 Grove Street, a Town Meeting Member in Precinct
Seven, died on January 3, 1985.
Sharon L. Avakian- Avedisian, 118 Blake Road, received the next highest number
of votes as a defeated candidate for Town Meeting Member from Precinct Seven at
the Annual Town Election held March 5, 1984. As of January 10, 1985 she filed
her acceptance of the position as Town Meeting Member to fill the vacancy
caused by the death of Mr. Friedman. Mrs. Avakian- Avedisian's term will expire
in March 1985.
ADJOURNED SE OF THE NOVEMBER 2 6, 1 SPECI TOWN MEETING
HELD FEBRUA
The meeting was called to order in Cary Memorial Hall at 8 P.M. by the
Moderator, Lincoln P. Cole, Jr.
On January 30, 1985 the following postcard was mailed to all Town Meeting
Members:
"January 30, 1985
To Lexington Town Mee Members:
As you know, an adjourned session of the Special Town Meeting has been scheduled
for Monday, February 4, 1985 at 8:00 P.M. in Cary Memorial Hall.
This was scheduled in the event that negotiations had been concluded regarding
the purchase of Pine Meadows Golf Course. Since no conclusion has been reached
as of this date, it is our intent to adjourn the Special Town Meeting to Monday,
March 25, 1985 to coincide with the first deliberative session of the 1.985 Annual
Town Meeting. A representative of the Board of Selectmen will be present with
the Town Moderator to move that this be adjourned until March 25. Your attendance
on February 4, therefore, is not required.
BOARD OF SELECTMEN"
Pursuant to the above notice, there were four Town Meeting Members present
as follows: Moderator, Lincoln P. Cole, Jr., Town Counsel, Norman P. Cohen,
Town Clerk, Mary R. McDonough and Precinct Five Town Meeting Member, Ephraim
Weiss.
Mr. Weiss moved that this session of town meeting be adjourned to Monday,
March 25, 1985 at 8:15 P.M. in Cary Memorial Hall. 8:01 P.M.
Motion to adjourn was declared adopted unanimously. 8:01 P.M.
' Mary R. McDonough, Town Clerk