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HomeMy WebLinkAbout1985-12-02-STM-min 54, Edgar R. Stuhr, 152 Woburn Street, resigned as a Town Meeting Member from Precinct Five effective as of July 15, 1985. Douglas A. McArthur, 151 Adams Street received the highest number of votes as a defeated candidate for Town Meeting Member from Precinct Five at the Annual Town Election held March 4,1985. As of July 29, 1985 Mr. McArthur accepted the position of Town Meeting Member from Precinct Five to fill the vacancy caused by the resigna- tion of Edgar R. Stuhr. The term will expire in March 1986. SPECIAL TOWN MEETING HELD DECEMBER 2, 1985 The meeting was called to order in Cary Memorial Hall at 8 P.M. by the Moderator, Lincoln P. Cole, Jr. There were 177 Town Meeting Members present. In the absence of a clergyman, the Invocation offered by the Moderator. 8:02 P.M. Town Clerk, Mary R. McDonough, read the warrant for the meeting until further reading was waived by the members. 8:04 P.M. The Constable's Return of the warrant was read by the Town Clerk. 8:04 P.M. Article 1. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES The Moderator stated that Article 1 would be open throughout the meeting. Paul W. Marshall, Chairman of the Board of Selectmen, explained that this Special Town Meeting was called to vote on the acceptance of Chapter 188, Section 13 of the Acts of 1985. As is usual, additional articles were added to the warrant. Mr. Marshall added that it is the intent of the Board of Selectmen to process all of the articles this evening. 8:05 P.M. Ione D. Garing, a member of the Cary Lectures Committee, extended an invitation to the assembly to attend the upcoming Cary Lecture on this next Saturday evening in Cary Memorial Hall. 8:05 P.M. James M. McLaughlin, Chairman of the Lexington Housing Authority, moved that the Progress Report-Lexington Housing Authority be accepted and placed on file. Adopted unanimously. 8:06 P.M. Article 2. EDUCATION STATUTE Presented by Paul Newman. MOTION: That the Town accept on its behalf and on behalf of the Minuteman Regional Vocational Technical School District the provisions of Section 13 of Chapter 188 of the Acts of 1985. (Chapter 188: AN ACT IMPROVING THE PUBLIC SCHOOLS OF THE COMMONWEALTH.) (Wm. W. Welsh, Jr. abstained from voting) Mr. Newman gave a short explanation and added that the School Committee and the town meeting had to vote to accept this article. The School 534 4 •(Special"TOwn Meeting - December 2, 1985. c Article 2. Committee recommends acceptance as does the Appropriation Committee (Cont.) according to Michael J. O'Sullivan. 8:13 P.M. Motion, as presented by Mr. Newman, declared adopted unanimously. 8:13 P.M. Article 3. MOTEL/HOTEL TAX STATUTE Presented by William J. Dailey, Jr.. (As MOTION: That the Town accept Section 3A of Chapter 64G of the adopted) General Laws, and that the excise be at the rate of four percent. 8:13 P.M. Mr. Dailey explained that, if accepted, this would begin January 1, 1986 and that the town would receive approximately $275,000 in additional revenue. 8:14 P.M. Richard A. Michelson moved to postpone this article until the 1986 Annual Town Meeting. 8:15 P.M. Mr. Michelson, speaking for the innkeepers and the Chamber of Commerce, said that they would like more time to study this as it was not known by them until last Tuesday. 8:17 P.M. Mr. Dailey stated that David Stusse of the Assessors Department had contacted the innkeepers last July and that the Town Manager had called them last Tuesday in order that they would be aware that this article was coming before the town meeting. He added that if we wait until the 1986 Annual Town Meeting, that the town would lose a substantial amount of money. 8:19 P.M. Michael J. O'Sullivan said that the Appropriation Committee was opposed to the postponement and in favor of the main motion. 8:20 P.M. Mr. Michelson's motion to postpone Article 3 to the 1986 Annual Town Meeting was declared lost by voice vote. 8:20 P.M. Main motion, as presented by Mr. Dailey, was declared adopted unanimously. 8:22 P.M. Article 4. SUPPLEMENTARY APPROPRIATIONS Presented by Paul W. Marshall. MOTION: That the following sums be appropriated to the following line items to be used in conjunction withmoney appropriated under Article 26 of the Warrant for the 1985 Annual Town Meeting, and to raise such amounts $62,000 be transferred from the Excess and De- ficiency Account: $20,000 Account 5250 $17,000 Account 4150 $25,000 Account 1090 8:24 P.M. After a short explanation by Mr. Marshall, the motion was declared adopted unanimously. 8:28 P.M. Article 5. HANDICAPPED RAMP CARY MEMORIAL BUILDING Presented by Margery M. Battin. (As MOTION: That the sum of $65,000 be appropriated, to be used in adopted) addition to the money appropriated under Article 56 of the Warrant for the 1984 Annual Town Meeting, for making renovations for handi- capped access to Cary Memorial Hall, and to raise such amount $65,000 be transferred from the Excess and Deficiency Account. 8:28 P.M. - First . Session- Special Town Meeting- December 2, 1985) 5 3 45 Article 5. Mrs. Battin voiced the unanimous support of the Board of Selectmen. (Cont.) 8:34 P.M. Jacquelyn Neal of the Enablement Committee spoke in favor of the article. 8:35 P.M. Daniel L. McCabe said that the Capital Expenditures Committee is in favor of this proposal although they do not like the cost. 8:35 P.M. Michael J. O'Sullivan said that the Appropriation Committeee recommended favorable action but do have concerns. 8:37 P.M. Judith L. Zabin voiced the unanimous support of the Human Services Committee. 8:40 P.M. Robert M. Hutchinson, Jr., Town Manager, in response to a question raised by Robert I. Rotberg, said that the ramp could not be built "in house" as we are not qualified to do this. 8:40 P.M. James M. McLaughlin moved the previous question which was declared adopted by voice vote. Debate on article declared closed. 8:43 P.M. Main motion, as offered by Mrs. Battin, was declared adopted by unanimous vote. 8:43 P.M. Article 6. ARCHITECTURAL STUDY, SCHOOL BUILDINGS Presented by Paul W. Marshall. (As MOTION: That the sum of $60,000 be appropriated for an architectural/ adopted) engineering survey of school buildings, and to raise such amount $60,000 be transferred from the Reserve Fund-Overlay Surplus. 8:43 P.M. Mr. Marshall gave a short explanation as did Paul Newman, Chairman of the School Committee. Mr. Newman said that they were expecting to be reimbursed by 70% by the state. He added that the School Committee and the Permanent Building Committee are working close together. 8:47 P.M. William P. Kennedy, Chairman of the Permanent Building Committee said that his committee had started meeting on this last summer. They will be studying the proposals and he urged acceptance of this article. 8:49 P.M. Michael J. O'Sullivan said that the Appropriation Committee recommended favorable action as did the Capital Expenditures Committee according to Daniel L. McCabe. 8:50 P.M. In answer to a question raised by Florence E. Connor, James MacInnis of the School Department, explained that the last study had been done in 1974 but not in this magnitude. 8:52 P.M. Robert I. Rotberg asked what the $60,000 would buy. Mr. Newman answered that $50,000 would be for an architect and $10,000 would be for someone with an educational background. 8:57 P.M. Motion, as presented by Mr. Marshall, declared adopted unanimously. 8:57 P.M. Article 7. PINE MEADOWS GOLF COURSE (Moderator Lincoln P. Cole, Jr. stepped down and Norman P. Cohen, (See Town Counsel acted as Moderator. Mr. Cole stated that he would Page abstain from voting on this article.) 537) (Also Paul W. Marshall moved that Article 7 be postponed until after see completion of Article 12. Page 538) Mr. Marshall's motion to postpone until after Article 12 was declared adopted by voice vote. 8:57 P.M. 536 (_First SeeSien - Spetial Town Meeting - December 2 1985) Article 8. MORROW CROSSING Presented. by John F. McLaughlin. (As MOTION: That the Selectmen be and they hereby are authorized to adopted) purchase the land and the buildings thereon now known as and numbered 25-27 Bedford Street with the funds appropriated under Article 64 of the Warrant for the 1984 Annual Town Meeting; that the agreement entered into prior to the vote under Article 77 of the Warrant for the 1979 Annual Town Meeting be amended accordingly; and that the Selectmen be authorized to convey such property to the Lexington Housing Authority for one dollar and on such other terms as they may determine. 8:58 P.M. Mr. McLaughlin gave a short explanation and voiced the unanimous support of the Board of Selectmen. 9:01 P.M. Iris G. Wheaton spoke in opposition and quoted from the original Memorandum of Understanding. She said that she would not be adverse to going into litigation to get the houses. 9:04 P.M. Mr. McLaughlin said that the Selectmen had given careful considera- tion to go into litigation but they felt that the counter offer is a desirable one since it could be contended that the 1979 agreement had expired. 9:05 P.M. Albert P. Zabin gave a little bit of history and said that he felt that this article was a compromise. He urged approval. 9:09 P.M. Frank Sandy questioned the appraisal price of the houses at Morrow Crossing and Mr. McLaughlin answered that the price would probably be around $300,000. 9:10 P.M. James M. McLaughlin, Chairman of the Lexington Housing Authority, said that they have seven units at Parker Manor and they feel that this is a good plan. 9:13 P.M. William M. Fraser moved the previous question which was declared adopted by voice vote. 9:14 P.M. Mr. McLaughlin relinquished part of his time to Julian J. Bussgang and answered Mr. Bussgang's question by saying that the building had been renovated in the last three years and was in very good condition. One unit is presently occupied but the town would have access to both units. 9:15 P.M. Motion, as offered by Mr. McLaughlin, declared adopted by voice vote. 9:15 P.M. Article 9. FOOTWAY, DUNBACK MEADOW CONSERVATION LAND Presented by Jacquelyn R. Smith. MOTION: That this article be indefinitely postponed. Adopted unanimously. 9:17 P.M. Article 10. EMERALD STREET LOTS Presented by John F. McLaughlin. MOTION: That the Selectmen be and they hereby are authorized to acquire by eminent domain for housing and municipal purposes the land on Emerald Street shown as lots 196, 197 and 198 on Assessors' Property Map 58, now or formerly of the Town of Lexing- ton, and that the Selectmen be authorized to convey all or any interest in such lots for one dollar and on such other terms as they may determine to ensure that affordable housing is built thereon. Adopted unanimously. 9:19 P.M. ( First Session - Special Town Meeting - December 2, 1985) 0,0 4 Article 11. DISSOLVING COMMITTEES Presented by John C. Eddison. MOTION: That this article be indefiniely postponed. Adopted unanimously. 9:20 P.M. Article 12. FRANKLIN SCHOOL Presented by Katherine M. Whyte. _. (Not MOTION: That the Selectmen be instructed to include as terms adopted) of the sale of the Franklin School property to Greater Boston Community Development, Inc. the following: 1) Greater Boston Community Development, Inc. will be responsible for payment of any and all debt incurred through its acceptance of State Housing Assistance for Rental Production (SHARP) funds. 2) Greater Boston Community Development, Inc. will be responsible for any and all debt incurred through its syndication of the Franklin School development. 9:22 P.M. Mrs. Whyte gave a short explanation of her motion and urged approval. 9:25 P.M. Paul W. Marshall voiced the opposition of the Board of Selectmen. He said that the town has the option to take control but do not have to take control. 9:28 P.M. Town Counsel Norman P. Cohen agreed with Mr. Marshall. He said that the land disposition is being negotiated now but the final draft has not been negotiated. 9:30 P.M. Michael J. O'Sullivan said that presently the Appropriation Committee has no official recommendation on this article but would expect the Selectmen to protect the town. 9:33 P.M. Main motion, as presented by Mrs. Whyte, declared lost by voice vote. 9:35 P.M. Article 7. (See Page 535.) PINE MEADOWS GOLF COURSE (Moderator Lincoln P. Cole, Jr. stepped down and stated that he would abstain from voting on this article. Norman P. Cohen, Town Counsel, was chosen by Mr. Cole to act as Moderator.) Presented by Paul W. Marshall. MOTION: That this article be indefinitely postponed. 9:35' P.M. Mr. Marshall said that they have met with the owners but they cannot give a firm price. In November the Selectmen voted their intention to take the property by eminent domain. The courts will appoint three people to establish a fair value. Tonight he asked for indefinite postponement as the Probate Court will hold a meeting on December 11, 1985. Therefore, he would suggest that this meeting be adjourned to Monday, Decembr 16, 1985. 9:39 P.M. Michael J. O'Sullivan said that the Appropriation Committee had always supported the Selectmen in taking the land by eminent domain. 9:40 P.M. (See Page 538) Ephraim Weiss moved that this meeting be adjourned to Monday, December 16, 1985 at 8 P.M. in Cary Memorial Hall. Adopted by voice vote. 9:44 P.M. A true copy. Attest: 'kJ al ,� n , Mary R. McDonough, Town Clerk 5338 ADJOURNED SESSION OF THE DECEMBER 2, 1985 SPECIAL TOWN MEETING HELD DECEMBER 16, 1985 The meeting was called to order in Cary Memorial Hall at 8 P.M. by the Moderator, Lincoln P. Cole, Jr. On December 11, 1985 the following postcard was mailed to all Town Meeting Members: "December 11, 1985 To Lexington Town Meeting Members: No change has taken place in the negotiating circumstances for the Pine Meadows Golf Course. The Board of Selectmen will send representation to Cary Hall to dissolve the adjourned Special Town Meeting. Your attendance on December 16, therefore, is not required. BOARD OF SELECTMEN Paul W. Marshall, Chairman Margery M. Battin John F. McLaughlin John C. Eddison William J. Dailey, Jr." Pursuant to the above notice, there were nine Town Meeting Members present as follows: Moderator, Lincoln P. Cole, Jr.; Town Counsel, Norman P. Cohen; Town Clerk, Mary R. McDonough; Selectmen: Paul W. Marshall, Margery M. Battin, John F. McLaughlin, John C. Eddison and William J. Dailey, Jr.; Precinct Eight Town Meeting Member, Sheldon A. Spector. Also in attendance, Robert M. Hutchin- son, Jr., Town Manager (not a Town Meeting Member). The Moderator declared that the motion to indefinitely postpone Article 7 (as offered at the December 2, 1985 session of this meeting by Paul. W. Marshall - see page 537) was now before the meeting. 8 P.M. Article 7. PINE MEADOWS GOLF COURSE (See Presented by Paul. W. Marshall. Page 537) MOTION: That this article be indefinitely postponed. Adopted unanimously. 8 P.M. Paul W. Marshall moved to dissolve the Special Town Meeting. Adopted unanimously. 8:01 P.M. A true copy. Attest: /! Mary R. McDonough Town Clerk 5:31) Laura F. Nichols, 67 Liberty Avenue, resigned as a Town Meeting from Precinct 8 effective December 23, 1985. Anthony L. Mancini, 115 Reed Street, received the highest nubmer of votes as a defeated candidate for Town Meeting Member from Precinct 8 at the Annual Town Election held March 4,1985 (one write-in vote). As of December 26, 1985 Mr. Mancini accepted the position of Town Meeting Member from Precinct 8 to fill the vacancy caused by the resignation of Mrs. Nichols. This term will expire in March 1986. Elizabeth G. Flemings, 23 Cedar Street, resigned as a member of the Lexington Planning Board on December 26, 1985. Ms. Flemings was elected to the Planning Board on March 7, 1983 for a term of five years. Therefore, a vacancy now exists on said Board for the balance of her term which expires in March 1988. At a joint meeting of the Board of Selectmen and the Planning Board held on January 22, 1986, by poll of the members of both Boards, Martha C. Wood was appointed to fill the vacancy on the Planning Board caused by the resigna- tion of Elizabeth Flemings, for a term of office to expire on March 3, 1986, upon the Town election of a new Planning Board member. Martha C. Wood was sworn to the faithful performance of her duties as a member of the Planning Board for a term expiring March 3, 1986. Said oath was taken on January 27, 1986. Anna Currin, 6 School Street, resigned as a Town Meeting Member from Precinct Nine on February 3, 1986. This vacancy will be filled at the March 3, 1986 Annual Town Election by the next defeated candidate that receives the highest vote as a candidate for Town Meeting Member. from Precinct Nine. (See Page 545) George E. Foote, 146 Burlington Street, resigned as a Town Meeting Member from Precinct Six on February 25, 1986. This vacancy will be filled at the March 3, 1986. Annual Town Election by the defeated candidate that receives the highest vote as a candidate for Town Meeting Member from Precinct Six. (See Page 545)