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HomeMy WebLinkAbout1984-11-26 to 1985-02-04 STM-min �/� ; v (FOR WARRANT - SEE WARRANT FILE) "F'��q�s 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