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HomeMy WebLinkAbout1985-05-29-STM-min 525 SPECIAL TOWN M EETING HELD MAY 29, 1985 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall. There were 178 Town Meeting Members present. Invocation offered by Rev. George C. Papademetriou, St. Nicholas Greek Ortho- dox Church and Chaplain, Lexington Minute Men. 8:03 P.M. Town Clerk, Mary R. McDonough, read the warrant for the meeting until further reading was waived. 8:04 P.M. The Town Clerk read the Constable's Return of the warrant. 8:04 P.M. The Moderator called a formal recess at 8:04 P.M. Paul Newman, Chairman of the School Committee, read a proclamation by the Board of Selectmen honoring James Banks and Mary Keenan, two outstanding teachers. The Battle Green DeMolay had presented these two teachers with the 1985 Exemplary Teacher Awards and both received a standing ovation from the meeting when they were introduced. 8:08 P.M. The Moderator said that the Special Town Meeting was back in session at 8:08 P.M. He added that Article 1 was now before the meeting and would remain open throughout the meeting. 8:08 P.M. Article 1. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES Joyce A. Miller moved that the report of the Conservation Commission be accepted and placed on file. 8:09 P.M. Mrs. Miller read portions of the report referring to the West Farm and Chiesa Farm. 8:12 P.M. Mrs. Miller asked that John A. Oberteuffer, a member of the Conserva- tion Commission, be recognized. 8:12 P.M. Mr. Oberteuffer moved that a report of the Conservation Commission be accepted and placed on file, but, as he is not a Town Meeting Member, Mrs. Miller made the motion for him. 8:13 P.M. Mr. Oberteuffer read the report but, when he came to the last para- graph which thanked the Board of Selectmen and the Appropriation and Capital Expenditures Committee, he said that he would have to change his statement. He said that the Commission had received a phone call at 7:35 this evening informing them that the Board of Selectmen would support the acquisitions of the West and Chiesa lands only if there was a referendum to over -ride Proposition 2 1 2. He did not favor this approach. 8:25 P.M. The motions by Mrs. Miller to accept the two Conservation Commission Reports were adopted unanimously. 8:25 P.M. Paul W. Marshall., Chairman of the Board of Selectmen, asked that the Town Manager, Robert M. Hutchinson, Jr. be recognized. 8:25 P.M. Mr. Hutchinson, with the aid of slides, spoke of the possible five year debt schedule, budget forecast and a five year budget forecast assumption, not including the Chiesa and West Farm Acquisitions. He added that, due to the lack of an increase in the Blue Cross Rates, the amount to be appropriated for free cash will be reduced. 8:38 P.M. Mr. Marshall shows slides using the Town Manager's figures with the West and Chiesa acquisitions included. Speaking about the referendum for the over -ride, which they hoped would be June 24, 1985, he said that we should not worry about 1986 or 1987. Worry about 1988 and panic about 1989. 8:48 P.M. 5 (SPMA TOWN MEETING - MAY 29, 1985) Article 1. Michael J. O'Sullivan moved that the report of the Appropriation (Cont.) Committee be accepted and placed on file. Mr. O'Sullivan explained that his committee recommended favorable action on both the West Farm and the Chiesa Farm purchases, and approve the authorization for the Selectmen to enter into the stated agreements and mechanisms to finance them. Appropriation Committee Report accepted and placed on file by unani- mous vote. 8:54 P.M. Daniel L. McCabe, Chairman of the Capital Expenditures Committee, moved that the committee report be accepted and placed on file. Mr. McCabe said that a majority of the Capital Expenditures Committee will vote for the land only if it is contingent on the referendum. Capital Expenditures Committee accepted and placed on file by unanimous vote. 8:57 P.M. Paul Newman, Chairman of the School Committee, said that the School Committee basically agrees with the Town Manager and the Board of Selectmen. 8:59 P.M. James M. McLaughlin wondered if the money from the payback would go directly to the town and Mr. Marshall answered that any money that comes in would go to the Excess and Deficiency Account. 9 P.M. The Moderator stated that Article 1 would remain open throughout the meeting. 9 P.M. Article 2. CONSERVATION LAND PURCHASE. (Moderator, Lincoln P. Cole, Jr. said that he would abstain from voting on this article.) Presented by Angela E. Frick. (As MOTION: That the Conservation Commission be authorized to purchase adopted) or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commis- sion, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 42B on Assessors' Property Map 14 and described in the records on file with Middlesex Probate Docket No. 434827, now or formerly of the Estate of Margaret West; that the sum of $270,000 be appropriated for such land acquisition; that to raise this amount $70,000 be transferred from the appropriation voted under Article 40 of the warrant for the 1975 Annual Town Meeting and the Treasurer with the approval of the Selectmen be authorized to borrow $200,000 under G.L. c. 44, s. 7(3), as amended; and that the Selectmen be authorized to apply for, accept, expend and borrow in anticipation of federal and state aid that may be available for the project. 9:02 P.M. Mrs. Frick explained that the negotiated price is $270,000 for the remaining three lots on Oak Street and a conservation restriction at the back of the barn. She urged support. 9:12 P.M. At the request of Karen A. Dooks, Myla Kabat -Gin of 58 Oak Street was recognized and she spoke in support of the motion and also filed a petition signed by supporters. 9:16 P.M. Elaine M. Sullivan of 31 Chase Avenue and Mary Ellen Mitropoul.os of 69 Oak Street were recognized and both spoke in support as did Town Meeting Members James E. Barry and Vicky L. Schwartz. 9 :25 P.M. (SPECIAL TOWN MEE TING - MAY 29, 1985) ; Article 2. In response to a question by William W. Welch, Jr., Mrs. Frick (Cont.) said that the commission has a maintenance program and that they would plan to mow the property. As of this time, the decision has not been made as to the use of the property but it is next on their list. It may be used as a farm but this is just a possibility. 9:26 P.M. Selectman John F. McLaughlin said that his remarks on the West land would also apply to the Chiesa land. He said that it is a nice arrangement if you can afford it but he feels that we could have a serious financial problem. He urged defeat of both Articles 2 and 3. 9:38 P.M. Speaking in favor of the motion, Julian Bussgang felt that this could be taken outside of Proposition 2 anytime in the future. It does not have to be done now. 9:42 P.M. Paul W. Marshall moved that the motion under Article be amended by adding at the end thereof the following: (Amend. ", provided, however, that this vote shall not take effect until Lost.) the Town votes to exempt from the limitation on total taxes imposed by G.L. c.59, s.21C amounts required to pay the principal of and interest on the borrowing authorized by this vote." 9.42 P.M. Mr. Marshall explained that the four Selectmen present had voted this evening to have a town -wide referendum on June 24 for the over -ride. This would require a majority vote of those voting. He said that this could be done in 1988, as suggested by Julian Bussgang, if four Selectmen would vote for the referendum. He felt that they are sure of the four votes this year and cannot predict what would happen in the future. 9:45 P.M. Mr. Oberteuffer spoke in opposition to the amendment as did William M. Fraser. Mr. Fraser said that due to the timing of the referendum, a lot of people would not be voting. School would be closed, the vacation season would be upon us and many people would have left town. Margaret N. Brooke also spoke in opposition as did Robert I. Rotberg, Albert P. Zabin and Dan H. Fenn, Jr. 9:52 P.M. Mr. Marshall's motion to amend Article 2 was declared lost by voice vote. 9:52 P.M. James M. McLaughlin moved the previous question which was declared adopted by voice vote. 9:53 P.M. Voice vote on main motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Te llers Opposed 1 16 John W. Maloney 2 2 18 Christina J. Welch 0 3 16 Marian C. Reilly 0 4 13 Katherine G. Fricker 0 5 17 Diran M. Semonian 0 6 19 Lisabeth M. White 0 7 18 Graydon M. Wheaton 0 8 12 Florence E. Connor 1 9 15 Deborah B. Green 0 At Large 20 Barry H. Marshall 0 Total 164 3 More than the required two - thirds having voted in favor, the motion is declared adopted. 9:57 P.M. (SPECIAL TOWN MEETING MAY 29, 1985) Article 3. CONSERVATION LAND PURCHASE (Moderator, Lincoln P. Cole, Jr. said that he would abstain from voting on this article.) Presented by David G. Williams. MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commis - (As sion, for conservation purposes including outdoor recreation as provided adopted) by Section 8C of Chapter 40 of the General Laws, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 108B on Assessors' Property Map 63, now or formerly of John D. Chiesa, Jr.; that the sum of $1,500,000 be appropriated for such land acquisition; that to raise this amount the Treasurer with the approval of the Selectmen be authorized to borrow $1,500,000 under G.L. c. 44, s. 7(3) as amended; and that the Selectmen be authorized to apply for, accept, expend and borrow in anticipation of federal and state aid that may be available for the project. 9:58 P.M. Mr. Williams explained that the purchase price is $1,500,000, significantly less than the appraised price and offers that Mr. Chiesa has received. Mr. Chiesa will hold, for two years; i.e. until fiscal year 1989 a bond anticipation note. He will receive no monies from the town in the fiscal year 1986; he will receive interest only be- ginning in fiscal year 1987 and again in fiscal.. year 1988. Interest shall, for the entire period, be 7.69. The first payment of principle will be in fiscal year 1989 and will continue in eight equal install- ments ($187,500 to fiscal year 1996). The commission, in negotiating with Mr. Chiesa, has agreed with his wishes that he be allowed to continue to pasture horses in the lower meadows for the first three years during which he receives no principle and the next four years when he is receiving principle and interest. People in the town will immediately have the right to use the land for winter sports such as cross country skiing and sledding. As long as snow is on the ground, the horses are kept in the paddock. Mr. Williams expressed his gratitude to Rose, Mary and John Chiesa adding that it had been a pleasure dealing with them over the years and he now considered them friends. Mr. Williams urged support of this article. 10:05 P.M. Although Patricia A. Swanson thanked the Selectmen and the Town Manager for alerting the meeting to the financial problems of the town, she said that she would not vote to over -ride nor would she support this acquisition. 10:08 P.M. Jacquelyn R. Smith voiced the unanimous and enthusiastic support of the Planning Board in regard to the purchase of the Chiesa land. She urged support of the article. 10:12 P.M. At the request of Elizabeth C. Haines, William A. Schaffer of 27 York Street was recognized and he spoke in favor of the article as did James E. Barry. 10:17 P.M. Selectman John C. Eddison, a strong supporter of the purchase of the West and Chiesa property, voiced his concern about the years 1988, 1989 and 1990 as he feels that there will be problems financially. He felt that the town should be alerted. Mr. Eddison urged support of the article. 10:19 P.M. At the request of Elaine Dratch, Barbara J. Munkres of 40 Woodland Road was recognized and, as a biologist, spoke in favor. 10:22 P.M. Selectman William J. Dailey, Jr. spoke of his concern about the financial crunch and added that if this article is adopted, the meeting will have to be very careful in the future. 10:27 P.M. Albert P. Zabin said that we have to be financially responsible and Jack Sarmanian spoke in favor. Margaret F. Rawls said that the vote on the Chiesa acquisition should be separated from an over -ride. It should be based on the purchase alone. 10:37 P.M. (SPECIAL TOWN MEETING - MAY 29; 1985) a 9 Article 3. Carolyn C. Wilson voiced the support of the Recreation Committee. (Cont.) 10:37 P.M. William M. Fraser moved the previous question which was declared adopted by voice vote. 10:38 P.M. Voice vote on main motion as presented by Mr. Williams was not unanimous, so a standing vote was taken as follows: Precinct in Favor Te llers Opposed 1 13 John W. Maloney 5 2 16 Christina J. Welch 1 3 13 Marian C. Reilly 3 4 15 Katherine G. Fricker 0 5 16 Diran M. Semonian 1. 6 19 Lisabeth M. White 0 7 18 Graydon M. Wheaton 0 8 13 Florence E. Connor 1 9 14 Deborah B. Green 2 At Large 21 Barry H. Marshall 2 Total 158 15 More than the required two - thirds having voted in favor, the motion was declared adopted. 10:40 P.M. Paul W. Marshall moved that this Special Town Meeting be dissolved. Adopted unanimously. 10:41 P.M. A true copy. Attest: Mary R. McDonough, Town Clerk