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HomeMy WebLinkAbout2009-03-02-TE-Warrant-and-2009-03-23-ATM-Warrant March 2, 2009: Annual Town Election TOWN OF LEXINGTON WARRANT TO THE 2009 ANNUAL TOWN MEETING JS MOR/V /N O O O , Q q N Z :1 3 ~ $ C)W A a APRIL 19TH CALENDAR OF EVENTS Monday, March 2 Town Elections Polls Open - 7:00 a.m. -8:00 p.m. Thursday, March 5 - 7:30 p.m. Precinct Meetings Cary Memorial Hall Auditorium TMMA Meeting First Information Session (Municipal Budget) Saturday, March 7 — 10:00 a.m. Moderator's Workshop for New Selectmen's Meeting Room, Town Office Building Town Meeting Members Wednesday, March 11 - 7:30 p.m. TMMA Second Information Session Cary Memorial Hall Auditorium (School Budget) Thursday, March 12 - 7:30 p.m. TMMA Third Information Meeting Cary Memorial Hall Auditorium (Citizen and CPA Articles) Sunday, March 15 — 1:00 p.m. TMMA Bus Tour (starts at TBD) (Snow date: Sunday, March 22) Wednesday, March 18 - 7:30 p.m. Moderator's Meeting with Article Sponsors Selectmen's Meeting Room, Town Office Building Monday, March 23 - 7:30 p.m. Town Meeting begins - No Town Meeting Cary Memorial Hall Auditorium during School Vacation Week (April 20 -24) Note: During Town Meeting, interpreters for the deaf or hard of hearing are available on request to Human Services Coordinator Paula McGlynn at 781 - 861 -0194. 2009 ANNUAL TOWN WARRANT TABLE OF CONTENTS Page Calendar............................................................................... ............................... Inside Front Cover Board of Selectmen's Message .......................................................................... ..............................3 Summary of Revenues and Expenditures .......................................................... ..............................4 WARRANT FOR ANNUAL TOWN MEETING Article1 Elections ........................................................................................ ..............................5 Article 2 Reports of Town Boards, Officers, Committees ........................... ..............................6 Article 3 Appointments to Cary Lecture Series ........................................... ..............................6 FINANCIAL ARTICLES Article 4 Appropriate FY2010 Operating Budget ....................................... ..............................6 Article 5 Appropriate FY2010 Enterprise Funds Budgets ........................... ..............................7 Article 6 Appropriate for Senior Service Program ...................................... ..............................8 Article 7 Appropriate for Street Trees (Citizens' Petition) .......................... ..............................8 Article 8 Appropriate for Tourism Promotion ............................................. ..............................8 Article 9 Appropriate for Planning Board Consulting Services .................. ..............................9 Article 10 Continue and Approve Departmental Revolving Funds ............... ..............................9 Article 11 Appropriate the FY2010 Community Preservation Committee Operating Budget and CPA Projects ........................................... .............................10 Article 12 Land Purchase — Off Vine Street ................................................. .............................11 Article 13 Land Purchase — Off Lowell Street .............................................. .............................12 Article 14 Appropriate for Recreation Capital Projects ................................ .............................12 Article 15 Appropriate for Municipal Capital Projects and Equipment ....... .............................12 Article 16 Appropriate for Water Distribution Improvements ..................... .............................15 Article 17 Appropriate for Sewer Improvements ......................................... .............................15 Article 18 Appropriate for School Capital Projects and Equipment ............. .............................16 Article 19 Appropriate for Public Facilities Capital Projects ....................... .............................16 Article 20 Street Acceptance — Pitcairn Place (Citizens' Petition) ............... .............................19 Article 21 Street Acceptance — Wisteria Lane .............................................. .............................20 Article 22 Appropriate for Design/Engineering for Senior /Community Center at White House Site (Barnes Property) ............................ .............................20 Article 23 Appropriate for Post Employment Benefits ................................. .............................21 Article 24 Rescind Prior Borrowing Authorizations .................................... .............................21 Article 25 Establish and Appropriate to Specified Stabilization Funds ....... .............................21 Article 26 Establish and Appropriate to Debt Service Stabilization Fund ... .............................22 Article 27 Establish Stabilization Fund for Minuteman Regional Vocational Technical School District ............................................................. .............................22 Article 28 Appropriate to Stabilization Fund ................................................ .............................22 1 Article 28 Appropriate to Stabilization Fund ................................................ .............................22 Article 29 Appropriate for Prior Years' Unpaid Bills ................................... .............................23 Article 30 Amend FY2009 Operating Budget .............................................. .............................23 Article 31 Appropriate for Authorized Capital Improvements ..................... .............................23 GENERAL ARTICLES Article 32 Amend General Bylaw —Noise ................................................... .............................24 Article 33 Amend General Bylaw - Capital Expenditures Committee ......... .............................24 Article 34 Establish Qualifications for Tax Deferrals .................................. .............................24 Article 35 Establish Demand Charge for Delinquent Taxes ......................... .............................25 Article 36 Amend Historic Districts Act (Citizens' Petition) ....................... .............................25 Article 37 Reconfigure and Abandon Easement ........................................... .............................25 Article 38 Petition General Court for Municipal Utility Act ........................ .............................25 Article 39 Petition General Court for Mid -Year Tax Relief for Property Tax Loss from Fire ........................................................ .............................26 Article 40 Resolution — Use of Reusable Bags (Citizens' Petition) ............. .............................26 Article 41 Form Committee — Climate Change (Citizens' Petition) ............. .............................26 Article 42 Double Utility Poles (Citizens' Petition) ..................................... .............................27 Article 43 Health Benefits (Citizens' Petition) ............................................. .............................27 ZONING/LAND USE ARTICLES Article 44 Amend Zoning By -Law — CM and NFI District Changes ........... .............................28 Article 45 Amend Zoning By -Law — Traffic ................................................ .............................29 Article 46 Amend Zoning By -Law — Zoning Map Revision ........................ .............................30 Article 47 Amend Zoning By -Law — Technical Corrections ........................ .............................30 Article 48 Amend Zoning By -Law — Financial Support for Transportation (Citizens' Petition) ....................................................................... .............................30 Article 49 Amend Zoning By -Law — CRO and RO to CD, 95 -99 Hayden Avenue 124 -128 Spring Street (Owners' Petition) ................................... .............................31 Appendix A - Program Summary — Article 4 Operating Budget ...................... .............................32 Map................................................................................................................... .............................34 List of Town Meeting Members ....................................................................... .............................36 Town Finance Terminology .............................................................................. .............................43 Election Information .................................... ............................... .........................Inside Back Cover 2 OVS MORNtyC O O 4 Eown Dt lexington, AaWCbUOtO AVRll 19TH t �xINCC OFFICE OF SELECTMEN NORMAN P. COHEN, CHAIRMAN JEANNE K. KRIEGER PETER C.J. KELLEY TEL: (781) 862 -0500 x208 HANK MANZ FAX: (781) 863 -9468 GEORGE A. BURNELL January 26, 2009 To the Residents of Lexington: The Warrant provides notification of the Annual Town Meeting and advises residents of the various issues being considered at the Meeting. Only articles listed in the Warrant may be discussed. Articles are grouped in three categories: Financial, General and Zoning. Descriptions are provided in an attempt to make the Warrant useful and understandable. A map is also provided linking certain articles to the particular sites they impact. One of the most important votes that takes place in the Annual Town Meeting is the budget. We urge citizens to read the budget, understand it, and help us find a way to foster excellence within the community. The Warrant includes the Town Manager's Proposed Budget for Fiscal Year 2010. Between now and Town Meeting there will be multiple public joint sessions between the Board of Selectmen, the School Committee and the Finance Committees to develop a comprehensive proposed budget for Town Meeting. The final proposal will be delivered to all Town Meeting members prior to the consideration of any financial articles by Town Meeting. BOARD OF SELECTMEN Norman P. Cohen, Chairman Jeanne K. Krieger Peter C.J. Kelley Hank Manz George A. Burnell 3 Summary of Revenues & Expenditures The summary provided below shows revenues & expenses for the Town of Lexington FY 2008 -2010. This summary reflects actual results of FY 2008, adjusted figures from FY 2009 and the recommendations of the Town Manager & Superintendent for FY 2010. Revenue Summary FY2008 Actual FY2009 Recap FY2010 Projected Tax Levy $ 104,879,746 $ 110,705,521 $ 114,759,106 State Aid $ 9,064,275 $ 9,963,453 $ 9,963,453 Local Receipts $ 12,189,265 $ 9,395,065 $ 9,652,000 Available Funds $ 4,216,097 $ 5,620,168 $ 6,253,619 Revenue Offsets $ (1,897,006) $ (2,540,476) $ (1,841,016) Enterprise Funds (Indirect) $ 1,752,885 $ 1,710,887 $ 1,662,522 Total General Fund $ 130,205,261 $ 134,854,618 $ 140,449,683 Less Set -Aside for Potential Local Aid Reductions $ - $ - $ ( 900,000) Less Set -Aside for Unanticipated Current Fiscal Year Needs $ - $ - $ ( 200,000) Net General Fund $ 130,205,261 $ 134,854,618 $ 139,349,683 General Fund Expense Summary Education Lexington Public Schools $ 60,193,779 $ 64,414,139 $ 68,015,286 Minuteman Reg. School $ 1,194,216 $ 1,510,598 $ 1,800,000 sub -total Education $ 61,387,995 $ 65,924,737 $ 69,815,286 Municipal $ 25,651,593 $ 25,688,411 $ 26,694,297 Shared Expenses Benefits & Insurance $ 23,425,240 $ 26,782,252 $ 28,717,730 Debt (within -levy) $ 3,572,204 $ 4,017,541 $ 4,471,432 Reserve Fund $ - $ 532,500 $ 550,000 Facilities $ 8,994,689 $ 8,869,428 $ 8,862,472 sub -total Shared Expenses $ 35,992,133 $ 40,201,720 $ 42,601,635 Capital Cash Capital $ 1,355,000 $ 1,520,750 $ 1,545,719 sub -total Capital $ 1,355,000 $ 1,520,750 $ 1,545,719 Other Stabilzation Fund $ 1,000,000 $ 1,000,000 $ - Other $ 390,000 $ 519,000 $ 935,690 sub -total Other $ 1,390,000 $ 1,519,000 $ 935,690 Total General Fund $ 125,776,721 $ 134,854,618 $ 141,592,627 Surplus/ (Deficit) $ 4,428,540 $ (0) $ (2,242,944) 4 TOWN WARRANT TOWN OF LEXINGTON ANNUAL TOWN MEETING Commonwealth of Massachusetts Middlesex, ss. To either of the Constables of the Town of Lexington, in said County, Greetings: In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the Town of Lexington qualified to vote in elections and in Town affairs to meet in their respective voting places in said Town. PRECINCT ONE, CARY MEMORIAL BUILDING; PRECINCT TWO, BOWMAN SCHOOL; PRECINCT THREE, JONAS CLARKE MIDDLE SCHOOL; PRECINCT FOUR, BRIDGE SCHOOL; PRECINCT FIVE, CARY MEMORIAL BUILDING; PRECINCT SIX, WILLIAM DIAMOND MIDDLE SCHOOL; PRECINCT SEVEN, ESTABROOK SCHOOL; PRECINCT EIGHT, FIRE HEADQUARTERS BUILDING; PRECINCT NINE, MARIA HASTINGS SCHOOL, on Monday, the second day of March 2009, at 7:00 a.m., then and there to act on the following articles: ARTICLE 1 ELECTIONS To choose by ballot the following Officers: One Selectman for a term of three years; One Moderator for a term of one year; Two members of the School Committee for a term of three years; Two members of the Planning Board for a term of three years; One member of the Lexington Housing Authority for a term of five years; Seven Town Meeting Members in Precinct One, the seven receiving the highest number of votes to serve for terms of three years; Eight Town Meeting Members in Precinct Two, the seven receiving the highest number of votes to serve for terms of three years; the one receiving the next highest number of votes to fill an unexpired term ending March 2010; Nine Town Meeting Members in Precinct Three, the seven receiving the highest number of votes to serve for terms of three years; the two receiving the next highest number of votes to fill an unexpired term ending March 2010; Seven Town Meeting Members in Precinct Four, the seven receiving the highest number of votes to serve for terms of three years; Eight Town Meeting Members in Precinct Five, the seven receiving the highest number of votes to serve for terms of three years; the one receiving the next highest number of votes to fill an unexpired term ending March 2010; Seven Town Meeting Members in Precinct Six, the seven receiving the highest number of votes to serve for terms of three years; Seven Town Meeting Members in Precinct Seven, the seven receiving the highest number of votes to serve for terms of three years; Eight Town Meeting Members in Precinct Eight, the seven receiving the highest number of 5 votes to serve for terms of three years; the one receiving the next highest number of votes to fill an unexpired term ending March 2010; Seven Town Meeting Members in Precinct Nine, the seven receiving the highest number of votes to serve for terms of three years. You are also to notify the inhabitants aforesaid to meet at the Cary Memorial Building, 1605 Massachusetts Avenue, in said Town on Monday, the twenty -third day of March at 7:30 p.m., at which time and place the following articles are to be acted upon and determined exclusively by the Town Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject to the referendum provided for by Section eight of said Chapter, as amended. ARTICLE 2 REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES To receive the reports of any Board or Town Officer or of any Committee of the Town. DESCRIPTION: This article remains open throughout Town Meeting and reports may be presented at any Town Meeting session by boards, officers, or committees. ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES To see if the Town will authorize the appointment of the committee on lectures under the wills of Eliza Cary Farnham and Susanna E. Cary; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This is an annual article that provides for the appointment of three citizens to the Cary Lecture Series by the Moderator. FINANCIAL ARTICLES ARTICLE 4 APPROPRIATE FY2010 OPERATING BUDGET To see if the Town will vote to make appropriations for expenditures by departments, officers, boards and committees of the Town for the ensuing fiscal year and determine whether the money shall be provided by the tax levy or by transfer from available funds, including any revolving or special funds, including enterprise funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) 6 DESCRIPTION: This article requests funds for the FY2010 (July 1, 2009 — June 30, 20 10) operating budget. The operating budget includes the school and municipal budgets. The operating budget also includes requests for funds to provide salary increases for employees, including salaries negotiated through collective bargaining negotiations. The budget also includes certain shared costs. Appendix A lists by account FY2008 expenditures, FY2009 appropriations and FY2010 proposed appropriations. Please note that figures for FY2008 and FY2009 have been restated to reflect the revised FY2010 presentation. ARTICLE 5 APPROPRIATE FY2010 ENTERPRISE FUNDS BUDGETS To see if the Town will vote to appropriate a sum of money to fund the operations of the DPW Water and Wastewater Divisions and the Recreation Department; determine whether the money shall be provided by the estimated income to be derived in FY2010 from the operations of the related enterprise, by the tax levy, by transfer from available funds, including the relevant enterprise fund, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: FY2008 FY2009 FY2010 Enterprise Fund Actual Appropriated Re uested 1. Water Personal Services $574,104 $606,952 $637,312 Expenses $499,291 $463,845 $338,180 Debt Service $358,301 $850,350 $1,108,100 MWRA Assessment $4,117,775 $4,565,881 $5,250,763 Total Water Enterprise Fund $5,549,471 $6,487,028 $7,334,355 2. Wastewater Personal Services $224,349 $251,864 $277,344 Expenses $330,076 $385,565 $300,600 Debt Service $473,256 $569,971 $633,497 MWRA Assessment $5,630,863 $5,855,209 $6,733,490 Total Wastewater Enterprise Fund $6,658,544 $7,062,609 $7,944,931 3. Recreation Personal Services $550,252 $611,794 $636,190 Expenses $880,280 $958,089 $956,815 Debt Service $168 $ 106,200 $ 132,600 Total Recreation Enterprise Fund $1,430,700 $1,676,083 $1,725,605 DESCRIPTION: Under Massachusetts General Laws Chapter 44, Section 53F 1/2, towns may establish Enterprise Funds for a utility, health care, recreation and transportation facility, with its operation to receive related revenue and receipts and pay expenses of such operation. This article provides for the appropriation to and expenditure from three enterprise funds previously established by the Town. 7 ARTICLE 6 APPROPRIATE FOR SENIOR SERVICE PROGRAM To see if the Town will vote to raise and appropriate a sum of money for the purpose of conducting a Senior Service Program, to be spent under the direction of the Town Manager; to authorize the Board of Selectmen to establish and amend rules and regulations for the conduct of the program, determine whether the money shall be provided by the tax levy, by transfer from available funds or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $45,000 DESCRIPTION: In FY2007, the Town established its own Senior Tax Work Off Program which provided more flexibility than the state program in assisting low - income seniors and disabled residents in reducing their property tax bills. This article requests funds to continue the program. ARTICLE 7 APPROPRIATE FOR STREET TREES (CITIZENS' PETITION) To see if the Town will vote to appropriate a sum of money to plant 70 street trees to replace those that are removed each year. (Inserted by John Frey and nine or more registered voters) FUNDS REQUESTED: $24,000 DESCRIPTION: Each year the town loses on net about 70 public street trees. The funds requested would provide for the purchase and planting of 70 street trees to compensate for this loss of trees. ARTICLE 8 APPROPRIATE FOR TOURISM PROMOTION To see if the Town will vote to raise and appropriate a sum of money for tourism initiatives in the Town to be spent under the direction of the Town Manager; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen at the request of the Tourism Committee) FUNDS REQUESTED: $50,000 DESCRIPTION: The Tourism Committee is seeking funding for initiatives such as joint advertising, creating maps and brochures that combine the historic walking maps and the center dining and shopping guide, website optimization; and to add a second Liberty Ride trolley during peak operations. Because the Town is benefiting from new tax revenue as a result of the two new hotels in Town, the Tourism Committee believes it is appropriate to make this request. 8 ARTICLE 9 APPROPRIATE FOR PLANNING BOARD CONSULTING SERVICES To see if the Town will vote to raise and appropriate a sum of money for consulting services for the Planning Board; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $100,000 DESCRIPTION: The funds would be used to further economic development in the town by implementing newly passed by -law amendments as well as supporting continuing work on zoning changes for the CRO district that will mirror the work done for the Hartwell Avenue area. Consultant services will be used to aid in the following work: • A Traffic Mitigation Plan laying out mitigation measures necessary to support commercial build out within the Traffic Management Overlay district. The costs of implementing the plan will be used as the basis for establishing an appropriate level of contribution to the traffic mitigation fund. • Site plan review regulations that will clearly set forth the objectives and standards to be used during site plan review. • CRO studies to aid in developing zoning changes for the CRO district, including background traffic studies, projection of future traffic /transportation needs and concept sketches and data for presentation to Town Meeting. ARTICLE 10 CONTINUE AND APPROVE DEPARTMENTAL REVOLVING FUNDS To see if the Town will vote, pursuant to Chapter 44, Section 530/2, of the Massachusetts General Laws, to authorize the use of revolving fund accounts in FY2010 for the following programs and purposes, to determine whether such revolving fund accounts shall be credited with the following departmental receipts, to determine whether the following boards, departments or officers shall be authorized to expend amounts from such revolving fund accounts, and to determine whether the maximum amounts that may be expended from such revolving fund accounts in FY2010 shall be the following amounts or any other amounts; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) 9 FUNDS REQUESTED: Program or Purpose Authorized Departmental Receipts FY2010 Representative or Authorization Board to Spend DPW Burial Containers Public Works Sale of Grave Boxes and $35,000 Director Burial Vaults DPW Compost Operations Public Works Sale of compost and loam, $315,000 Director yard waste permits LexMedia Operations Board of Selectmen License fees from cable TV $400,000 and Town Manager providers Trees Board of Selectmen Gifts and fees $20,000 Minuteman Household Public Works Fees paid by consortium $175,000 Hazardous Waste Program Director towns Health Programs Health Director Medicare reimbursements $7,000 Council on Aging Human Services Program fees and gifts $100,000 Programs Director Tourism/Liberty Ride Town Manager and Liberty Ride receipts, $166,000 Tourism Committee including ticket sales, advertising revenue and charter sales School Bus Transportation School Committee School bus fees $830,000 Public Facilities Revolving Director of Public Building rental fees $150,000 Fund Facilities DESCRIPTION: A revolving fund established under the provisions of Massachusetts General Laws Chapter 44, Section 53E'/z must be authorized annually by vote of the Town Meeting. The fund is credited with only the departmental receipts received in connection with the programs supported by such revolving fund, and expenditures may be made from the revolving fund without further appropriation. ARTICLE 11 APPROPRIATE THE FY2010 COMMUNITY PRESERVATION COMMITTEE OPERATING BUDGET AND CPA PROJECTS To see if the Town will vote to hear and act on the report of the Community Preservation Committee on the FY2010 Community Preservation budget and, pursuant to the recommendations of the Community Preservation Committee, to appropriate from the Community Preservation Fund, or to reserve amounts in the Community Preservation Fund for future appropriations, for the administrative expenses of the Community Preservation Committee for FY2010; for the acquisition, creation and preservation of open space — including land for recreational use; for the acquisition, preservation, rehabilitation and restoration of historic resources; and for the creation, preservation and support of community housing; to appropriate additional funds for such approved projects and determine whether the money shall be provided by the tax levy, by transfer from available funds, including enterprise funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen at the request of the Community Preservation Committee) 10 FUNDS REQUESTED: a) Drainage Improvements to Preserve Various Athletic Fields - $200,000 ($100,000 from CPA Funds and $100,000 from General Fund Debt). b) Storm Water Mitigation to Preserve the Old Reservoir - $569,000. c) Pond and Drainage Improvements to Preserve Pine Meadows Golf Course - $200,000. d) Archives and Records Management Needs/ Records Conservation and Preservation - $150,000. e) Cary Vault Supplemental Appropriation - $45,000. f) Town Office Building Preservation and Renovation - $30,000. g) Police Station Space Preservation and Needs Study - $45,000. h) Stone Building Renovation - $180,000. i) Fire Headquarters Preservation and Renovation — $100,000 ($29,700 from CPA Funds and $70,300 from General Fund Debt). j) Greeley Village Roof Replacement - $320,828. k) Munroe Tavern Historic Structures Report and Capital Needs - $50,000 1) Purchase of Three Affordable Housing Units - $797,500. m) Land Acquisition — unknown at press time. n) Administrative Budget - $150,000. DESCRIPTION: This article requests that Community Preservation Funds and other funds, as necessary, be appropriated for the projects recommended by the Community Preservation Committee and for administrative costs. ARTICLE 12 LAND PURCHASE — OFF VINE STREET To see if the Town will vote to authorize the Selectmen or the Conservation Commission to purchase or otherwise acquire, or authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the Massachusetts General Laws, as amended, or authorize the Selectmen to purchase or otherwise acquire, or to take by eminent domain for municipal purposes, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the Massachusetts General Laws, or other interest in all or any part of land shown as lot 45, on Assessors' Property Map 47, now or formerly of Leary; and appropriate a sum of money therefor and determine whether the money shall be provided by the tax levy, by transfer from available funds, including the Community Preservation Fund, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen at the request of the Community Preservation Committee) FUNDS REQUESTED: unknown at press time DESCRIPTION: This article requests Community Preservation funds to purchase open land off Vine Street adjacent to currently owned Town land. 11 ARTICLE 13 LAND PURCHASE — OFF LOWELL STREET To see if the Town will vote to authorize the Selectmen or the Conservation Commission to purchase or otherwise acquire, or authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the Massachusetts General Laws, as amended, or authorize the Selectmen to purchase or otherwise acquire, or to take by eminent domain for municipal purposes, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the Massachusetts General Laws, or other interest in all or any part of land shown as lots 38, 40A and 43 on Assessors' Property Map 20, now or formerly of Busa; and appropriate a sum of money therefor and determine whether the money shall be provided by the tax levy, by transfer from available funds, including the Community Preservation Fund, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen at the request of the Community Preservation Committee) FUNDS REQUESTED: unknown at press time DESCRIPTION: This article requests Community Preservation funds to purchase property off Lowell Street currently used for farming purposes. ARTICLE 14 APPROPRIATE FOR RECREATION CAPITAL PROJECTS To see if the Town will vote to appropriate a sum of money for the following Recreation Department capital improvements: a) Park Improvements — Athletic Fields; b) Marrett Road /Old Reservoir Stormwater Mitigation; and c) Pine Meadows Improvements; and determine whether the money shall be provided by the tax levy, by transfer from available funds, including the Recreation Enterprise Fund, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen at the request of the Recreation Committee) FUNDS REQUESTED: $969,000 DESCRIPTION: The three projects described in this article will be considered under Article l la, b and c, and, if approved, will result in this article being indefinitely postponed. ARTICLE 15 APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT To see if the Town will vote to appropriate a sum of money for the following capital improvements: a) Replacement of Fire Engine 3; b) Head End Equipment; c) Comprehensive Storm Management Watershed Study; 12 d) DPW Equipment; e) CBD Sidewalks; f) Sidewalk Improvements and Easements; g) Storm Drainage Improvements; h) GIS Implementation Plan; i) Hydrant Replacement Project; j) Street Improvements and Easements; and k) Traffic Mitigation. authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interests in land necessary therefor; and determine whether the money shall be provided by the tax levy, by transfer from available funds, including enterprise funds, by borrowing, or by any combination of these methods; to determine if the Town will authorize the Selectmen to apply for, accept, expend and borrow in anticipation of State aid for such capital improvements; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $2,611,048 plus additional amounts to be determined DESCRIPTION: a) Replacement of Engine 3 - $500,000: This request is to replace the current Engine 3, a 1997, E -One Pumper with over 100,000 miles on it. This engine was assigned for nine years as the front line engine out of Fire Headquarters, responding to more than 2,000 calls annually. Currently Engine 3 is crossed - staffed with the ladder crew and serves the community as the third engine, responding to over 500 calls annually. b) Head End Equipment - $154,500: This request is Phase II of a project to relocate, replace, and upgrade central equipment for the wide area network. In 2000, the Town, with the help of RCN, embarked on a project to connect all Town and School buildings with a high -speed data network. Critical Town and School department operations are heavily dependent on access to information technology through the wide area network. This network collapses into a "head end" consisting of firewalls, routers and switching devices that are currently located offsite in the Liberty Mutual Building. c) Comprehensive Storm Management Watershed Study - $110,000: DPW, Engineering and Conservation are collaborating to address drainage and management issues related to the 18 brooks in Lexington. Sediment buildup in brooks and wetlands has reduced the volume of water that can be handled by the drainage system in Lexington. In some cases the drain system outlets into the brooks have been completely filled with sediment. This request is to fund Phase 1 of a three -year comprehensive, detailed study on each of Lexington's three watersheds (Charles River, Mystic River and Shawsheen River) that can be used to develop and prioritize brook restoration and drainage improvement plans. 13 d) DPW Equipment - $903,423: The Department of Public Works annually reviews its inventory of 146 vehicles and pieces of specialized equipment to determine replacement requirements and identify any new equipment needs for the next five years. Factors considered include mechanical condition and repair history, changing work requirements, replacement cost, and recommended replacement time interval. The operations of the Department rely heavily on regular and specialized vehicles to mow parks, plow snow, repair streets and complete a variety of other projects. The objective of the replacement program is to maintain an efficient and cost effective fleet of vehicles and equipment. FY2010 General Fund Debt authorization is requested to purchase the following equipment: • Two 6 -wheel dump trucks with plow /underscraper & stainless steel sander body (2 @ $153,700 each = $307,400), • F450 Truck with Utility Body, Crane & Compressor ($88,323), • Rear Load Trash Compactor ($100,200), • One 6 -wheel dump truck for Water Department ($144,000), and • Sewer Vacuum Truck for the Sewer Department ($263,500). e) CBD Sidewalks — unknown at press time: This request will fund the third of five phases of sidewalk reconstruction in the Central Business District. f) Sidewalk Improvements and Easements — unknown at press time: This request is to rebuild and /or repave as necessary existing asphalt sidewalks throughout town that are in poor condition, and to construct new bituminous sidewalks and granite curbing. Sidewalk projects will be chosen from the Selectmen's Sidewalk Committee's Master Plan each year. All work will be ADA compliant. g) Storm Drainage Improvements - $160,000: This request will provide funds to be used to repair /replace drainage structures that are part of road resurfacing projects and other structures for damaged or requiring repair. h) Geographic Information System (GIS) - $120,000: This request is the third year of a three -year plan to develop a GIS system for the Town of Lexington. The recommendations for the size, scope and cost of Lexington's system are the result of a Town -wide GIS needs assessment done in 2006 by Applied Geographic, a GIS consulting firm, that included a cost study for hardware, software, map and data inventories, and provided an implementation plan. i) Hydrant Replacement Program - $50,000: The Town has 1,500 Fire hydrants in its fire protection system. Maintaining this infrastructure requires periodic replacement of hydrants to ensure safety and provide adequate fire fighting capacity. This is the third request in the series. Last year's request purchased the same amount of hydrants via the same funding sources. j) Street Improvements and Easements - $538,125: This request is for the annual street resurfacing program. $700,000 of State Chapter 90 funds will also be used for this purpose. Funds will be used for design, inspections, planning and construction of streets and maintenance and repair of existing sidewalks. A preliminary plan of the streets to be repaired in FY2010 includes sections of Burlington Street and North Street. 14 k) Traffic Mitigation - $50,000: This is the second of four requests planned to support activities of the Traffic Mitigation Group. These funds will be used to collect data, perform analyses, review proposals and make recommendations for traffic improvements town wide. There are 14 Town owned traffic signal installations, and several locations where signals may be considered in the future. Projects will be developed and construction costs will be estimated for future capital requests. ARTICLE 16 APPROPRIATE FOR WATER DISTRIBUTION IMPROVEMENTS To see if the Town will vote to install new water mains and replace or clean and line existing water mains in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for such installation and land acquisition and determine whether the money shall be provided by the tax levy, by transfer from available funds, including any special water funds, or by borrowing, or by any combination of these methods; to determine whether the Town will authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and State aid for such projects; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $925,000 DESCRIPTION: This request is for a) $900,000 to replace approximately 5,000 linear feet of unlined or inadequate water main and deteriorated service connections and eliminate dead ends in water mains on portions of Waltham Street, Audubon Road, Hastings Road, Vaille Avenue and sections of other streets; and b) $25,000 (of a total of $50,000) for consulting /engineering services for the selection of an Automatic Water Meter Reading system. ARTICLE 17 APPROPRIATE FOR SEWER IMPROVEMENTS To see if the Town will vote to install sewer mains and sewerage systems and replacements thereof in such accepted or unaccepted 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 in amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor, appropriate money for such installation and land acquisition and determine whether the money shall be provided by the tax levy, by transfer from available funds, including any special sewer funds, by borrowing, or by any combination of these methods; to determine whether the Town will authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and State aid for such sewer projects; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $1,325,000 15 DESCRIPTION: a) Wastewater System Improvements - $1,200,000: This is part of the annual request for rehabilitation of sanitary sewer infrastructure at a projected pace of 4,900 linear feet per year. Engineering investigation and evaluation will be done on sewers in remote, inaccessible areas, such as along brook channels where poor soil conditions lead to storm water infiltration. Areas of focus in FY2010 include the Kiln Brook basin, Tophet Swamp and the area around the Town's recycling facility. b) Pump Station Upgrades - $100,000: Lexington has 10 Sewer pumping stations valued at over $6 million dollars. This request is the third of a five -year program for upgrading, OSHA compliance, and equipment replacement. The pump stations are evaluated every year to ensure they are operating within design perimeters. FY2010 work will be at the Concord Ave Station and North Street Station. c) Automatic Water Meter Reading System - $25,000: Funds will be used for consulting /engineering services. ARTICLE 18 APPROPRIATE FOR SCHOOL CAPITAL PROJECTS AND EQUIPMENT To see if the Town will vote to appropriate a sum of money to purchase additional equipment for the schools and maintain and upgrade the schools' technology systems; determine whether the money shall be provided by the tax levy, by transfer from available funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the School Committee) FUNDS REQUESTED: $725,000 DESCRIPTION: This article requests funds for the following school projects: a) School Technology Plan - $600,000. This request will fund equipment described in the department's long range technology capital plan, including network equipment, information delivery systems for administration and instruction programs, desktop and mobile computing, printers /peripherals and LCD projectors. b) Classroom Furniture - $50,000. This is the third year of a multi -year request to replace classroom furnishings throughout the system, particularly at Bowman, Bridge, Hastings, Estabrook, Clarke, Diamond and High School Labs. c) Replacement of Kitchen Equipment - $75,000. This is the second annual request for upgrading food service equipment and software at all schools. FY2010 funds will be used at Clarke, Diamond, Hastings and Lexington High School. ARTICLE 19 APPROPRIATE FOR PUBLIC FACILITIES CAPITAL PROJECTS To see if the Town will vote to appropriate a sum of money for the following capital improvements to public facilities: 16 a) Hastings Oil Tank Removal and Boiler Replacement; b) LHS Gillespie Auditorium Renovation; c) LHS Heating Systems Upgrade; d) School Building Roofing Program; e) Fire Headquarters Preservation and Renovation Design; f) Relocate Old Harrington Playground Structures; g) Bowman Play Area Improvement; h) LHS Elevator Piston Replacement; i) School Building Envelope Program; j) Police Station Space Preservation and Needs Study; k) Stone Building Preservation and Renovation; 1) East Lexington Fire Station Kitchen Upgrade; m) School Accessibility Improvements; n) Municipal Building Envelope; and o) Town Office Building Preservation and Renovation. and determine whether the money shall be provided by the tax levy, by transfer from available funds, including enterprise funds, by borrowing, or by any combination of these methods; to determine if the Town will authorize the Selectmen to apply for, accept, expend and borrow in anticipation of state aid for such capital improvements; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $1,779,094 plus additional amounts to be determined DESCRIPTION: a) Hastings Oil Tank Removal and Boiler Replacement — unknown at press time: This project would upgrade the heating system at the Hastings School. b) LHS Gillespie Auditorium Renovation - $305,000: This is the final funding request for the renovation of the Gillespie Auditorium at Lexington High School. Previous Town Meetings have authorized funding totaling $658,000. Remaining items include a new sound system, HVAC improvements to restore full capacity and reduce noise, replacement of carpeting, and stage resurfacing. In addition, a forestage will be ordered to extend the stage over the orchestra pit. New padded seatbacks will be ordered for the lower level seats. c) LHS Heating System Upgrade - $350,000: Current conditions of the HVAC systems at Lexington High School and unreliable pneumatic controls are resulting in poor temperature control, noisy classrooms, and the potential for indoor air quality issues. Future improvements to the HVAC system will be included as part of the ongoing School Master Plan recommendations. 17 d) School Building Roofing Program System -Wide - $201,500: This project requests an investment in roof replacement of approximately $4,000,000 over 10 years. Because of an excessive number of roof leaks, a comprehensive roofing assessment of all 10 school buildings was conducted in May of 2008. The resulting inventory of 806,000 square feet of school building roofs, valued at $12,000,000, includes roof type and square footage of each roofing area. In the past year roof leaks have caused classrooms to be closed and students relocated into other spaces while repairs and clean up is conducted. Water infiltration causes damage to building components and furnishings, and the resulting moisture, if not dried within 24 - 48 hours, can create an environment for mold growth. e) Fire Headquarters Preservation and Renovation Design — $100,000 ($70,300 General Fund Debt and $29,700 CPA Funds): This request is to continue the feasibility study funded at the 2008 Annual Town Meeting. These funds will provide the Permanent Building Committee with a conceptual design for two options related to the renovation /expansion of the main Fire Station. The existing building was designed in the middle of the last century. Though meeting the basic needs of emergency response, it does not accommodate the administrative and service demands of the Fire/EMS Department of the 21 st Century. f) Relocate Old Harrington Playground Structures - $40,000: The play structure behind Old Harrington is no longer used. The equipment is in good condition and could be utilized at another location where maintenance and annual replacement of the woodfibre surface to maintain safe conditions are already being done. Both Bowman and Estabrook schools have requested additional playground structures be installed. g) Bowman Play Area Improvement - $80,000: This project requests funds to replace approximately 20,000 square feet of pavement in the play area behind the Bowman school. The pavement is beyond its useful life, with weeds growing in cracks and the uneven surface causing frequent trips and spills for students during recess. The new pavement will complement the Bowman Shade Structure (funded through donations and grants) that will be constructed during the summer of 2009 to significantly improve the recess environment for students. h) LHS Elevator Piston Replacement - $40,000: Funding is requested for replacement of the hydraulic cylinder in one of the Lexington High School elevators. The Commonwealth of Massachusetts Department of Public Safety has notified the Lexington Department of Public Facilities (DPF) that if it cannot provide proof that the hydraulic jack is double bottomed, the Town will be required to replace the jack. i) School Building Envelope Program - $125,000: Funds are requested annually for system -wide repairs to the building envelope that keeps moisture out of school building structures. FY2010 funds will be used to repair the exterior soffit and wall panels at the Clarke Middle School. j) Police Station Space Preservation and Needs Study - $45,000 (CPA Funds): Funding is requested for a space needs study of the police station that would include: a program of space needs, building and site conditions assessment and systems evaluations, historical evaluations and criteria, and recommended schematic design solutions. 18 k) Stone Building Preservation and Renovation - $180,000 (CPA Funds): This project is requesting funds for the design and specifications necessary to renovate the Stone Building. Built in 1833 by Eli Robbins, the building hosted lectures by such dignitaries as Ralph Waldo Emerson. It has been used as a public space for most of its history and has been owned by the Town of Lexington since 1892 when it was first used as a Branch Library. The Stone Building is registered as a National Historic Landmark. 1) East Lexington Fire Station Kitchen Upgrade - $75,000: This project requests funds to upgrade the East Lexington Fire Station kitchen. The inadequacy of the existing kitchen to support the Department's needs was identified in the 2004 Building Finance Advisory Committee report. The project includes replacement appliances, cabinets, and refinishing walls, floors, and ceilings. m) School Accessibility Improvements - $50,000: This funding request will provide improved accessibility at primary entrances to school buildings. This project will install an automatic door opener at four of the ten school buildings plus the entrance to the Lexington Children's Place, a Lexington Public School integrated preschool program. n) Municipal Building Envelope - $157,594: This annual request includes construction, repair and replacement projects for the maintenance and upgrade of municipal buildings and systems. Projects proposed for FY2010 include: • Animal Shelter - Building envelope repairs and refurbish interior, • Masonry waterproofing plan - Develop specifications and schedule for masonry repointing and waterproofing schedule town wide. • The Department of Public Facilities is prioritizing additional projects. o) Town Office Building Preservation and Renovation - $30,000 (CPA Funds): This project is to complete the Town Office Building Use Study and Renovation Design funded at the 2008 Annual Town Meeting. The use study and renovation design conducted by Bargmann Hendrie and Archetype (BH +A) is expected to identify improvements in the following areas: • Correct code and ADA deficiencies, • Improve energy efficiency, and • Support realignment of staff to improve workflows and customer service. ARTICLE 20 STREET ACCEPTANCE — PITCAIRN PLACE (CITIZENS' ARTICLE) To see if the Town will vote to establish as a town way and accept the layout of as a town way the unaccepted portion of Pitcairn Place at a distance of 500 feet, more or less, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated November 12, 1973, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefore; and raise and appropriate money for the construction of said street and for land acquisition; determine whether the money shall be provided by the tax levy, by transfer from available funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Richard Neumeier and nine or more registered voters) FUNDS REQUESTED: $125,000 19 DESCRIPTION: This article has been submitted by residents of Pitcairn Place to have the unaccepted portion of Pitcairn Place brought up to town standard and accepted by the Town. The total cost of bringing the street up to town standard will be borne by the affected residents through the assessment of betterments. ARTICLE 21 STREET ACCEPTANCE — WISTERIA LANE To see if the Town will vote to establish as a town way and accept the layout of as a town way the unaccepted portion of Wisteria Lane from Colony Road, a distance of 330 feet, more or less, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated September 20, 2008, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; determine whether the money shall be provided by the tax levy, by transfer from available funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None DESCRIPTION: This street was constructed to Town standards as part of an improved subdivision. ARTICLE 22 APPROPRIATE FOR DESIGN/ENGINEERING FOR SENIOR/ COMMUNITY CENTER AT WHITE HOUSE SITE (BARNES PROPERTY) To see if the Town will vote to appropriate a sum of money for architectural and engineering services for planning a senior /community center on the White House (Barnes Property) site, shown as a portion of Lot 170A on Assessors' Property Map 48; determine whether the money shall be provided by the tax levy, by transfer from available funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen at the Request of the Council on Aging) FUNDS REQUESTED: unknown at press time DESCRIPTION: The Council on Aging Board has proposed locating a new Senior /Community Center at the White House (Barnes Property) site and requests funds for the design/engineering phase of the project. 20 ARTICLE 23 APPROPRIATE FOR POST EMPLOYMENT BENEFITS To see if the Town will vote to appropriate a sum of money to the Town of Lexington Post Employment Insurance Liability Fund, as established by Chapter 317 of the Acts of 2002, determine whether the money shall be provided by the tax levy, by transfer from available funds, including enterprise funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $440,690 DESCRIPTION: This article will allow the Town to continue to fund its unfunded liability for post employment benefits for Town of Lexington retirees. Beginning with the FY2007 audit, the Town was required to disclose this liability. In preparation for funding this liability, Town Meeting voted to request special legislation to establish a trust fund for this purpose. This special legislation was approved in 2002. ARTICLE 24 RESCIND PRIOR BORROWING AUTHORIZATIONS To see if the Town will vote to rescind the unused borrowing authority voted under previous Town meeting articles; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: State law requires that Town Meeting vote to rescind authorized and unissued debt which is no longer required for its intended purpose. ARTICLE 25 ESTABLISH AND APPROPRIATE TO SPECIFIED STABILIZATION FUNDS To see if the Town will vote to create and /or appropriate sums of money to Stabilization Funds in accordance with Section 5B of Chapter 40 of the Massachusetts General Laws for the purposes of (a) Section 131 Zoning By -Law, (b) Traffic Mitigation, (c) Transportation Demand Management, (d) School Bus Transportation, (e) Special Education and (f) Center Improvement District; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: unknown at press time DESCRIPTION: This article proposes to establish and /or fund Stabilization funds for specific purposes. Money in those funds may be invested and the interest may then become a part of the particular fund. The use of these funds may be appropriated for the specific designated purpose by a two- thirds vote of Town Meeting. 21 ARTICLE 26 ESTABLISH AND APPROPRIATE TO DEBT SERVICE STABILIZATION FUND To see if the Town will vote to create a separate Stabilization Fund in accordance with Section 5B of chapter 40 of the Massachusetts General Laws for the purpose of paying a portion of the debt service on certain outstanding bonds of the Town issued for the purpose of the Diamond Middle School, Clarke Middle School and High School construction projects; to determine whether to appropriate to such Stabilization Fund certain grants received by the Town from the Massachusetts School Building Authority with respect to such school projects; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: unknown at press time DESCRIPTION: This article would allow the Town to invest bond proceeds beyond the one - year limit that would otherwise apply and would provide more flexibility in dealing with existing tax laws. ARTICLE 27 ESTABLISH STABILIZATION FUND FOR MINUTEMAN REGIONAL VOCATIONAL SCHOOL DISTRICT To see of the Town will approve the establishment of a Stabilization Fund by the Minuteman Regional Vocational Technical School District, beginning July 1, 2009, pursuant to Section 16G '/z of Chapter 71 of the Massachusetts General Laws; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen at the request of the Minuteman Regional Vocational School District) FUNDS REQUESTED: None DESCRIPTION: The Minuteman Regional Vocational Technical School District is seeking permission from the member towns to establish a Stabilization Fund as a mechanism for funding future capital expenditures. The District is not requesting any funding for this at this time. ARTICLE 28 APPROPRIATE TO STABILIZATION FUND To see if the Town will vote to appropriate a sum of money to the previously created Stabilization Fund in accordance with Section 5B of Chapter 40 of the Massachusetts General Laws; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: unknown at press time DESCRIPTION: Money may be appropriated into the existing Stabilization Fund that may 22 be invested and the interest may then become part of the fund. The use of these funds may later be appropriated, by a two - thirds vote of an Annual or Special Town Meeting, for any lawful purpose. ARTICLE 29 APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS To see if the Town will vote to raise and appropriate money to pay any unpaid bills rendered to the Town for prior years; to determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: unknown at press time. DESCRIPTION: This is an annual article to request funds to pay bills after the close of the fiscal year in which the goods were received or the services performed, and for which no money was encumbered. ARTICLE 30 AMEND FY2009 OPERATING BUDGET To see if the Town will vote to make supplementary appropriations, to be used in conjunction with money appropriated under Article 4 of the warrant for the 2008 Annual Town Meeting, to be used during the current fiscal year, or make any other adjustments to the current fiscal year budget and appropriations that may be necessary; to determine whether the money shall be provided by transfer from available funds; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: unknown at press time DESCRIPTION: This is an annual article to permit adjustments to current fiscal year (FY2009) appropriations. ARTICLE 31 APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS To see if the Town will vote to make supplementary appropriations to be used in conjunction with money appropriated in prior years for the installation or construction of water mains, sewers and sewerage systems, drains, streets, buildings, recreational facilities, or other capital improvements and equipment that have heretofore been authorized; determine whether the money shall be provided by the tax levy, by transfer from the balances in other articles, by transfer from available funds, including enterprise funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $85,000 DESCRIPTION: These funds are requested to supplement the $50,000 appropriated by the 23 2008 Annual Town Meeting for removing the underground oil storage tank at Estabrook School. Upon further analysis, the Department of Public Facilities concluded that the old oil boiler should be removed at the same time and a more efficient natural gas boiler installed. GENERAL ARTICLES ARTICLE 32 AMEND GENERAL BYLAW - NOISE To see if the Town will vote to amend § 80 -4.13 (Commercial Trash Collection), C (Commercial Deliveries or Pickups) and H (Domestic Mechanical Equipment) of the Code of the Town of Lexington to change the permitted hours of noise generating activities stated therein, as set forth in a document on file with the Board of Selectmen and the Town Clerk; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen at the request of the Noise Advisory Committee) DESCRIPTION: The proposed amendments to the Noise Bylaw would bring the permitted hours for the operation of certain activities and equipment in line with the hours used by other nearby municipalities having similar noise policies. ARTICLE 33 AMEND GENERAL BYLAW — CAPITAL EXPENDITURES COMMITTEE To see if the Town will vote to amend § 29 -13.13 of the Code of the Town of Lexington by adding the words "or otherwise distributing" after the words "and by mailing "; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: The proposed amendment would give the Capital Expenditures Committee the option of distributing the annual committee reports to town meeting members in various ways other than by mailing. ARTICLE 34 ESTABLISH QUALIFICATIONS FOR TAX DEFERRALS To see if the Town will vote to adjust the current age and income eligibility limits for property tax deferrals under Clause 41A of Section 5 of Chapter 59 of the Massachusetts General Laws as authorized by Chapter 190 of the Acts of 2008; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: Chapter 190 of the Acts of 2008 allows the Town Meeting, with the approval of the Board of Selectmen, to make adjustments to the current deferral qualifications of age 65 with gross income not exceeding $40,000. 24 ARTICLE 35 ESTABLISH DEMAND CHARGES FOR DELINQUENT TAXES To see if the Town will vote to set the fee for a demand notice for payment of delinquent taxes pursuant to Section 15 of Chapter 60 of the Massachusetts General Laws; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: An outside section of the State budget passed in 2008 provided for cities and towns to adjust their demand fees from the current five dollars to a fee not to exceed thirty dollars. ARTICLE 36 AMEND HISTORIC DISTRICTS ACT (CITIZENS' PETITION) To see if the Town will vote to authorize the Selectmen to petition the General Court for an Act to amend Chapter 447 of the Acts of 1956 as amended entitled "an Act Establishing An Historic Districts Commission for the Town of Lexington and Defining Its Powers and Duties, and Establishing Historic Districts in the Town of Lexington" to expand the Battle Green District to include Parker Street and Jackson Court, or act in any other manner in relation thereto. (Inserted by Karen Hruby and nine or more registered voters) DESCRIPTION: Passage of this article would allow the Board of Selectmen to petition the General Court for an act to expand the Battle Green Historic District to include Parker Street and Jackson Court. ARTICLE 37 RECONFIGURE AND ABANDON EASEMENT To see if the Town will vote to authorize the Selectmen to reconfigure and abandon a portion of an easement given for public travel over lot 68 on Assessors' Property Map 29, known as 7 Page Road, now or formerly of Vales; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: The subject easement was granted to the Town as part of an approved subdivision in 1959. Subsequent development makes this easement no longer necessary. ARTICLE 38 PETITION GENERAL COURT FOR MUNICIPAL UTILITY ACT To see if the Town will vote to endorse the passage by the General Court of legislation enabling municipalities to more easily establish municipal lighting plants; to authorize the Board of Selectmen to petition the General Court for an act to accomplish the same result for Lexington alone; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) 25 DESCRIPTION: The General Court has adopted a rule that acts petitioned by municipalities, if not adopted within a specified time period, will no longer be considered. This article would allow the previously petitioned act relating to a Lexington municipal lighting plant to remain viable. ARTICLE 39 PETITION GENERAL COURT FOR MID -YEAR TAX RELIEF PROPERTY LOSS FROM FIRE To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for an Act to authorize the Town to abate or refund taxes received, as the case may be, whenever in any fiscal year, the assessed value of real estate is decreased by over 50 percent as the result of fire or natural disaster, in an amount to be calculated based on a reassessed value of the improvement; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This article authorizes the Board of Selectmen to petition the General Court for authority to provide mid -year tax relief to taxpayers whose real estate is destroyed by fire or natural disaster. ARTICLE 40 RESOLUTION — USE OF REUSABLE BAGS (CITIZENS' PETITION) To see if the Town will vote to adopt a resolution that encourages Lexington citizens and merchants to increase their use of reusable and /or biodegradable bags for their purchase and to lessen their reliance on plastic and paper bags; or act in any other manner in relation thereto. (Inserted by Andrew Friedlich and nine or more registered voters) DESCRIPTION: This article requests that Town Meeting pass a resolution that the Town of Lexington affirms its strong opposition to the reliance on paper and plastic bags that are so harmful to the environment and so wasteful of our limited natural resources and recognizes the importance of the wider use of reusable and biodegradable bags by both citizens and merchants. ARTICLE 41 FORM COMMITTEE — CLIMATE CHANGE (CITIZENS' PETITION) To see if the Town will vote to form a Committee whose purpose is to: 1. Promote public and official discussion of the local implications of climate change, as well actions taken by other municipalities in the U.S. and around the world; 2. Consider how similar and other appropriate actions may be implemented in Lexington; 3. Recommend to Town Meeting actions for the Town to take to facilitate and implement measures for all sectors in Town to respond to climate change; and 4. Research, develop and promote resources for all sectors on sustainable practices commensurate with the challenges of climate change; or act in any other manner in relation thereto. (Inserted by Adam Sacks and nine or more registered voters) 26 DESCRIPTION: This article requests that a committee be formed to investigate short- and long -term strategies for dealing with the constraints imposed by current and future changes in energy sources and global climate disruption. ARTICLE 42 DOUBLE UTILITY POLES (CITIZENS' PETITION) To hear reports from the Selectmen and from Verizon regarding whether the utilities are in compliance with MGL Chapter 164, section 34B (which requires that double poles be removed in 90 days) in Lexington; to see if the town will vote to approve a resolution regarding double utility poles; to see if the town will vote to authorize the Selectmen to petition the Department of Public Utilities to reopen docket 03 -87 to recommend that the Great and General Court institute fines for non - compliance with MGL Chapter 164, section 3413; or to act in any other manner in relation thereto. (Inserted by Patrick Mehr and nine or more registered voters) DESCRIPTION: This article seeks passage of a resolution to request the Selectmen to communicate with appropriate State agencies regarding compliance of Utility Companies with removal of double poles, and also to endorse legislation (Bill S1993 in the 2007 -08 legislative session) allowing cities and towns to enact a local ordinance or bylaw prohibiting double poles beyond 90 days and providing for fines in violation thereof. ARTICLE 43 HEALTH BENEFITS (CITIZENS' PETITION) Following up on the resolution adopted at the 2008 Annual Town Meeting urging the exploration as soon as possible of measures to control the growth of Lexington's health benefits expense, to see if the Town will vote to: (a) adopt a resolution to encourage the Town Manager and Town employees to negotiate and reach agreement on changes in employee health benefits, to the extent that cost savings to the Town and its employees collectively would result if the Town (1) joined the Commonwealth's Group Insurance Commission (GIC) or another health benefits group, and /or (2) reduced the incentives for Town employees to use Lexington's health benefits instead of benefits available from a spouse's employer; (b) form a Health Benefits Cost Study Committee to conduct the research and analysis necessary to estimate the size of the potential cost savings from (a) (1) and (2), and advise the Town Manager and Town employees of the results of their study; or act in any other manner in relation thereto. (Inserted by Patrick Mehr and nine or more registered voters) DESCRIPTION: This article seeks additional information and data relating to the costs of health care benefits for town employees and ways to reduce such costs in order to further labor negotiations. 27 ZONING /LAND USE ARTICLES ARTICLE 44 AMEND ZONING BY -LAW, CM AND NFI DISTRICT CHANGES To see if the Town will vote to amend the Zoning By -Law of the Town of Lexington to: 1. Create a process for site plan review outside of the special permit process; 2. Require site plan review for developments in the NFI (National Flood Insurance) and CM (Manufacturing) districts; 3. Permit development in the NFI district without a special permit; 4. Change the definition in § 135 -16B of the Y symbol in Table 1, to not require a special permit with site plan review; 5. Permit two or more buildings, uses, or establishments on the same lot to share a common parking lot without a special permit; 6. Permit the following uses and development standards in the CM district without a special permit: a) Standing signs, b) B.22: Uses and structures with 10,000 or more square feet of gross floor area including the area of any existing structures but not including any floor area devoted to off - street parking c) 7.11: Beauty salon, barber shop, d) 7.12: Laundry or dry cleaning, e) 7.13: Tailor, dressmaker, shoe repair, f) 7.15b: Bank, credit union with drive -up window or auto - oriented branch bank, g) 8.11: Convenience good often bought on a daily basis such as food, candy, newspapers, tobacco products, h) 8.13: Food, but not that intended for consumption on the premises, includes delicatessen or bakery, but not a takeout or fast -food service, i) 8.17: Other retail goods such as books, stationery, drugs, sporting goods, jewelry, photographic equipment and supplies, flowers, novelties, cards, footwear, and the like which are typically of a size that a customer can carry by hand, j) 8.21: Sale or rental of equipment and supplies such as office furniture, to other businesses, k) 8.31: Stores with less than 2,000 square feet of floor area per establishment, 1) 8.32: Stores with 2,000 or more square feet of floor area per establishment m) 8.33: All sales or rental conducted entirely within a fully enclosed building; temporary display of products outdoors during operating hours permitted n) 8.34: Sales or rental conducted in part outdoors with permanent display of products during non - operating hours; subject to screening requirements in Article X, o) 9.11: Restaurant, p) 9.12: Fast -food or takeout service serving enough food to comprise a meal, 28 q) 9.13: Takeout or fast -food service serving food or beverages, such as coffee, snacks, ice cream, or donuts, but not enough to comprise a meal, r) 9.14: Caterer or other establishment preparing meals for groups of people, s) 9.16: Hotel, motel, t) 10.12: Indoor athletic and exercise facilities, weight reduction salon, 7. Adjust the dimensional controls for the CM district to: a) Decrease or eliminate the minimum lot area, lot frontage, yard setback, transition area width, and parking space, driveway and maneuvering aisle setback, b) Increase or eliminate the maximum floor area ratio, site coverage, building height in stories, and building height in feet, and c) Establish a maximum for the ratio of the height of any part of a building to the distance between that part of the building and the centerline of the nearest roadway; as set forth in a document on file with the Town Clerk; or act in any manner in relation thereto. (Inserted by the Planning Board) DESCRIPTION: This article contains a variety of changes to the zoning by -law that are designed to encourage economic development within the Hartwell Avenue area by allowing more intense development and providing alternative ways to deal with the impacts of development. It will create a process for site plan review outside of the special permit process, greatly decreasing the need for special permits in the National Flood Insurance and CM districts, it will also amend the dimensional controls in the Hartwell Avenue area, allowing larger and taller buildings closer to the street while instituting a ratio to control the relationship of building height to setback. The as of right Floor Area Ratio (FAR) will be increased. ARTICLE 45 AMEND ZONING BY -LAW — TRAFFIC To see if the Town will vote to amend the Zoning By -Law of the Town of Lexington as follows: 1. Create a Traffic Mitigation Overlay (TMO) district that allows properties within the district to elect a method of providing the Town with traffic mitigation other than that required currently by Article XII, Traffic. The Planning Board will adopt a traffic management plan for the TMO district addressing the mitigation of traffic generated by commercial development within the district. The plan may require contributions to a traffic mitigation fund as well as trip reduction measures. No development may occur utilizing the alternative method of traffic mitigation until such a plan has been adopted. The traffic management plan may modify the requirements of Article XI, Off - Street Parking and Loading; and 2. Notwithstanding section 135 -71B, permits may be issued and no separate traffic study will be required for developments within a TMO district that elect to proceed under the traffic management plan and are consistent with it; as set forth in a document on file with the Town Clerk; or act in any manner in relation thereto. (Inserted by the Planning Board) 29 DESCRIPTION: This will create a Traffic Mitigation Overlay (TMO) district that allows properties within the district to elect an alternate method of providing the Town with traffic mitigation other than that required currently by Article XII, Traffic. The proposal will likely require contributions to a traffic mitigation fund as well as trip reduction measures and may modify the requirements of Article XI, Off - Street Parking and Loading. ARTICLE 46 AMEND ZONING BY -LAW — ZONING MAP REVISION To see if the Town will vote to amend the Zoning Map of the Town of Lexington by creating a new Traffic Management Overlay District (TMO -1) within the area bounded by Grove Street, the Northern Circumferential Highway, Massachusetts Avenue, Marrett Road, and the Town boundary, as set forth in a document on file with the Town Clerk; or act in any manner in relation thereto. (Inserted by the Planning Board) DESCRIPTION: This will establish the limits of the Traffic Management Overlay District, encompassing those commercial uses that will generate traffic impacts. It is not designed to delineate the limit of those impacts, just the generation. ARTICLE 47 AMEND ZONING BY -LAW — TECHNICAL CORRECTIONS To see if the Town will vote to amend the Zoning By -Law of the Town of Lexington to maintain consistency with the above changes and update references, as set forth in a document on file with the Town Clerk; or act in any manner in relation thereto. (Inserted by the Planning Board) DESCRIPTION: This article will correct references within the By -law to the "Cable Television and Communications Advisory Committee" which is now known as the "Communications Advisory Committee" as well as other non - substantive changes such as internal references that may be required as a result of the changes outlined in Articles 44 and 45. ARTICLE 48 AMEND ZONING BY -LAW — FINANCIAL SUPPORT FOR TRANSPORTATION (CITIZEN'S PETITION) To see if the Town will vote to amend the Zoning By -Law of the Town of Lexington to require that all buildings and rezoning proposals, except for as of right residential one and two family dwellings, include financial support of the town transportation system (currently Lexpress); or act in any other manner in relation thereto. (Inserted by Dawn McKenna and nine or more registered voters) DESCRIPTION: One of the requirements under the current zoning by -law is to address traffic demand management (TDM) issues. This proposal would insure that one component of the relief for traffic is an on -going financial commitment for the town -wide transportation system, known as Lexpress. 30 ARTICLE 49 AMEND ZONING BY -LAW — CRO AND RO TO CD 95 -99 HAYDEN AVENUE, 124 -128 SPRING STREET (OWNERS' PETITION) To request the Town to amend the Code of the Town of Lexington, Zoning By -Law sections and the Zoning Map of the Town of Lexington, by changing the zoning district designation of the land described in a certain written metes and bounds description (Appendix 9) on file with the Planning Board, from the current CRO Regional Office District and RO One Family Dwelling District to a CD Planned Commercial District with certain specified uses (pursuant to the provisions of Town of Lexington Code § 135 -42), said property being commonly known and numbered as 95 -99 Hayden Avenue and 124 -128 Spring Street to allow construction of a new building for office and laboratory uses and to act in any other manner relative thereto. (Inserted by Beal New Mexico, LLC and Two Ledgemont LLC, the property owners) DESCRIPTION: The proposed amendment would rezone the above described property at the intersection of Hayden Avenue and Spring Street from the present CRO business and RO residential districts to a Planned Commercial Development District. This would allow construction of a new building of approximately 162,000 square feet on the 36.23 acre site together with additional parking. And you are directed to serve this warrant seven days at least before the time of said meeting as provided in the Bylaws of the Town. Hereof fail not, and make due return on this warrant, with your doings thereon, to the Town Clerk, on or before the time of said meeting. Given under our hands at Lexington this 26th day of January, A.D., 2009. Norman P. Cohen, Chairman Jeanne K. Krieger Board Peter C.J. Kelley of Hank Manz Selectmen George A. Burnell A true copy, Attest: Constable of Lexington 31 Appendix A- Program Summary- Article 4 (Operating Budget) A B C D E (E -D) (E /D) FY2009 to FY2010 FY2010 ELEMENT DESCRIPTION FY2008 Actual FY2009 Adjusted Recommended $ Change % Change Operating Budget - General Fund Expenses Program 1000: Education 1100 Lexington Public Schools $ 60,193,779 $ 64,414,139 $ 68,015,286 $ 3,601,147 5.59% 1200 Regional Schools $ 1,194,216 $ 1,510,598 $ 1,800,000 $ 289,402 19.16% Total Education $ 61,387,995 $ 65,924,737 $ 69,815,286 $ 3,890,549 5.90% Program 2000: Shared Expenses 2110 Contributory Retirement $ 3,381,300 $ 3,446,236 $ 3,643,396 $ 197,160 5.72% 2120 Non - Contributory Retirement $ 41,218 $ 42,000 $ 42,000 $ - 0.00% 2130 Medicare $ 889,954 $ 855,624 $ 991,761 $ 136,137 15.91% 2130 Health Insurance $ 17,344,579 $ 20,473,125 $ 21,946,774 $ 1,473,649 7.20% 2130 Dental Insurance $ 710,262 $ 772,000 $ 859,922 $ 87,922 11.39% 2130 Life Insurance $ 21,204 $ 40,000 $ 20,755 $ (19,245) - 48.11% 2140 Unemployment $ 147,694 $ 100,000 $ 150,000 $ 50,000 50.00% 2150 Workers Compensation' $ 311,102 $ 306,625 $ 351,625 $ 45,000 14.68% 2160 Property & Liability Insurance $ 573,838 $ 608,240 $ 611,497 $ 3,257 0.54% 2170 Uninsured Losses' $ 4,088 $ 138,402 $ 100,000 $ (38,402) - 27.75% sub -total 2100 Benefits $23,425,240 $26,782,252 $ 28,717,730 $ 1,935,478 7.23% 2210 Payment on Funded Debt $ 2,833,980 $ 3,110,000 $ 3,482,962 $ 372,962 11.99% 2220 Interest on Funded Debt $ 696,227 $ 663,723 $ 816,667 $ 152,945 23.04% 2230 Temporary Borrowing $ 41,997 $ 243,818 $ 171,803 $ (72,015) - 29.54% sub -total 2200 Debt Services $ 3,572,204 $ 4,017,541 $ 4,471,432 $ 453,892 11.30% 2310 Reserve Fund $ - $ 532,500 $ 550,000 $ 17,500 3.29% sub -total 2300 Operating Articles $ - $ 532,500 $ 550,000 $ 17,500 3.29% 2400 Facilities $ 8,994,689 $ 8,869,428 $ 8,862,472 $ (6,956) -0.08% Total Shared Expenses $ 35,992,133 $ 40,201,720 $ 42,601,635 $ 2,399,915 5.97% Program 3000: Community Services 3100 -3500 DPW Personal Services $ 3,303,096 $ 3,162,037 $ 3,200,625 $ 38,588 1.22% 3100 -3500 DPW Expenses $ 5,183,585 $ 4,612,678 $ 4,783,243 $ 170,565 3.70% Total Community Services $ 8,486,681 $ 7,774,715 $ 7,983,868 $ 209,153 2.69% Program 4000: Public Safety 4100 Law Enforcement Personal Services $ 4,706,271 $ 4,797,795 $ 4,836,757 $ 38,962 0.81% 4100 Law Enforcement Expenses $ 485,964 $ 491,676 $ 500,169 $ 8,493 1.73% sub -total 4100 Law Enforcement $ 5,192,235 $ 5,289,471 $ 5,336,926 $ 47,455 0.90% 4200 Fire Personal Services $ 4,130,153 $ 4,268,656 $ 4,355,320 $ 86,664 2.03% 4200 Fire Expenses $ 519,969 $ 479,436 $ 470,988 $ (8,448) -1.76% sub -total 4200 EMS /Fire $ 4,650,122 $ 4,748,092 $ 4,826,308 $ 78,216 1.65% Total Public Safety $ 9,842,357 $ 10,037,563 $ 10,163,234 $ 125,671 1.25% Program 5000: Culture & Recreation 5100 Library Personal Services $ 1,548,077 $ 1,608,985 $ 1,702,930 $ 93,945 5.84% 5100 Library Expenses $ 454,119 $ 249,700 $ 249,400 $ (300) -0.12% Total Culture & Recreation $ 2,002,196 $ 1,858,685 $ 1,952,330 $ 93,645 5.04% Program 6000: Human Services 6000 Human Services Personal Services $ 363,822 $ 444,653 $ 409,285 $ (35,369) -7.95% 6000 Human Services Expenses $ 227,530 $ 211,088 $ 176,578 $ (34,510) - 16.35% 32 Appendix A- Program Summary- Article 4 (Operating Budget) A B C D G (E -D) (E /D) FY2009 to FY2010 FY2010 ELEMENT DESCRIPTION FY2008 Actual FY2009 Adjusted Recommended $ Change % Change Proaram 7000: Community Development 7100 Comm. Devel. Personal Services $ 700,533 $ 868,255 $ 896,277 $ 28,022 3.23% 7100 Comm. Devel. Expenses $ 100,640 $ 100,797 $ 123,397 $ 22,600 22.42% sub -total 7100 Comm. Dev. $ 801,173 $ 969,051 $ 1,019,674 $ 50,622 5.22% 7200 Planning Personal Services $ 204,039 $ 214,942 $ 227,280 $ 12,338 5.74% 7200 Planning Expenses $ 7,015 $ 49,859 $ 9,850 $ (40,009) - 80.24% sub -total 7200 Planning $ 211,054 $ 264,801 $ 237,130 $ (27,671) - 10.45% 7300 Economic Devel. Personal Services $ 109,151 $ 92,212 $ 86,000 $ (6,212) -6.74% 7300 Economic Devel. Expenses $ 144,089 $ 14,166 $ 6,666 $ (7,500) - 52.94% sub -total 7300 Eco. Dev. $ 253,240 $ 106,378 $ 92,666 $ (13,712) - 12.89% Total Community Development $ 1,265,467 $ 1,340,230 $ 1,349,470 $ 9,239 0.69% Program 8000: General Government 8110 Selectmen Personal Services $ 68,527 $ 78,048 $ 81,612 $ 3,564 4.57% 8110 Selectmen Expenses $ 71,910 $ 73,870 $ 75,825 $ 1,955 2.65% 8120 Legal $ 414,619 $ 350,000 $ 375,000 $ 25,000 7.14% 8130 Town Report $ 6,495 $ 7,000 $ 7,000 $ - 0.00% sub -total 8100 Board of Selectmen $ 561,552 $ 508,918 $ 539,437 $ 30,519 6.00% 8210 -8220 Town Manager Personal Services $ 506,997 $ 511,131 $ 537,875 $ 26,744 5.23% 8210 -8220 Town Manager Expenses $ 347,893 $ 199,750 $ 188,500 $ (11,250) -5.63% 8230 Salary Transfer Account* $ - $ 495,491 $ 1,083,000 $ 587,509 118.57% sub -total 8200 Town Manager $ 854,890 $ 1,206,372 $ 1,809,375 $ 603,003 49.98% 8310 Appropriations Committee $ 543 $ 1,500 $ 1,500 $ - 0.00% 8320 Misc. Town Committees $ 3,449 $ 4,700 $ 4,700 $ - 0.00% 8330 Public Celebrations Committee $ 28,964 $ 29,500 $ 30,000 $ 500 1.69% sub -total 8300 Town Committees $ 32,957 $ 35,700 $ 36,200 $ 500 1.40% 8400 Finance Personal Services $ 990,601 $ 1,055,828 $ 1,063,734 $ 7,906 0.75% 8400 Finance Expenses $ 260,005 $ 282,490 $ 301,328 $ 18,838 6.67% sub -total 8400 Finance $ 1,250,606 $ 1,338,318 $ 1,365,062 $ 26,744 2.00% 8500 Town Clerk Personal Services $ 255,525 $ 290,031 $ 269,513 $ (20,518) -7.07% 8500 Town Clerk Expenses $ 124,890 $ 106,114 $ 84,000 $ (22,114) - 20.84% sub -total 8500 Town Clerk $ 380,415 $ 396,145 $ 353,513 $ (42,632) - 10.76% 8600 MIS Personal Services $ 69,126 $ 198,090 $ 211,043 $ 12,953 6.54% 8600 MIS Expenses $ 313,993 $ 337,933 $ 344,902 $ 6,969 2.06% sub -total 8600 MIS $ 383,119 $ 536,023 $ 555,945 $ 19,922 3.72% Total General Government $ 3,463,539 $ 4,021,476 $ 4,659,532 $ 638,056 15.87% Total Municipal $ 25,651,593 $ 25,688,411 $ 26,694,297 $ 1,005,886 3.92% Capital Capital Requests (Cash -GF) $ 655,000 $ 842,000 $ 850,000 $ 8,000 0.95% Capital Requests (Cash- Other) $ 50,000 $ - $ - $ - 0.00% Building Envelope Set Aside $ 150,000 $ 153,750 $ 157,594 $ 3,844 2.50% Streets Set Aside $ 500,000 $ 525,000 $ 538,125 $ 13,125 2.50% Total Capital $ 1,355,000 $ 1,520,750 $ 1,545,719 $ 24,969 1.64% Other Stabilization Fund $ 1,000,000 $ 1,000,000 $ - $ (1,000,000) - 100.00% Senior Tax Work -Off Program $ 40,000 $ 45,000 $ 45,000 $ 0.00% Brookhaven $ - $ 50,000 $ - $ (50,000) - 100.00% SPED Reserve $ 350,000 $ - $ 350,000 $ 350,000 0.00% 33 a F M CQ �� p� w z E- a Ei- E- E- �F � E.- E-F � , d cg cg d N Q m U 0 W LL 0 = O .LNOR'739 �-y O O,LONI < Z 0 0') ` 1 P Z w m W 0 LL a 0 N 0 O U ,.,ark , r a ♦ B° z 00 z . do fD L l e Z ¢ 42 r LO LO � . O rrs a. s ' A rP a Y Y mv. 'Z p ,f + P P n � n �'• H • � U � F Y W o M B � G � oy \ M co ; �• f F e} G C 0 . a q a p¢ � N r / 1 ` N BEO pOR 0 Q m U w LL C7 = U ti m L) U gg Flu E• g i� TOWN MEETING MEMBERS At Large Margery M. Battin .............................................................. .............................15 Paul Revere Road GeorgeA. Burnell .......................................................................... ..............................4 Eaton Road NormanP. Cohen ...................................................................... ............................... 33 Forest Street DonnaM. Hooper ......................................................................... ............................... 14 Lois Lane JayR. Kaufman ............................................................................ ............................... l Childs Road Peter C.J. Kelley ....................................................................... ............................... 24 Forest Street JeanneK. Krieger ..................................................................... .............................44 Webster Road HankManz .................................................................................. .............................14 Ellison Road Precinct 1 Term Expires 2011 Nancy M. Adler ...................................................................... ............................... 22 Village Circle James E. Barry .............................................................. .............................10 Crescent Hill Avenue John C. Bartenstein ............................................................. ............................... 46 Sanderson Road MaryBowes ............................................................................. ............................... 32 Arcola Street Colin R. Hamilton ............................................................... ............................... 28 Theresa Avenue JohnF. Rossi ............................................................................ ............................... 40 Arcola Street AlbertP. Zabin ............................................................................... ............................... 1 Page Road Term Expires 2010 John P. Breen ................................................................ ............................... 8 Crescent Hill Avenue JonathanG. Cole .................................................................... ............................... 23 Whipple Road IangJeon ................................................................................ ............................... 7 Litchfield Road Eric Jay Michelson ..................................................................... ............................... 45 Circle Road BarryE. Sampson ................................................................... ............................... 8 Brandon Street CarolJ. Sampson .................................................................... ............................... 8 Brandon Street Joel Steven Slotkin ......................................................................... ..............................7 Locke Lane Term Expires 2009 JoelA. Adler ........................................................................... ............................... 22 Village Circle JeanW. Cole .......................................................................... ............................... 23 Whipple Road Scott W. Maloney ....................... ............................... ............................251 Massachusetts Avenue JamesM. Murphy .......................................................................... .............................96 Bow Street Joseph S. Rancatore .................................................................. .............................21 Wheeler Road Mary Ann Stewart ............................................................... ............................... 24 Rawson Avenue JudithL. Zabin ............................................................................... ............................... 1 Page Road 36 Precinct 2 Term Expires 2011 Paul H. Lapointe .......................................... ............................... ............................224 Follen Road Barry Orenstein ............................................ ............................... ............................132 Follen Road Joseph N. Pato ......................................................... ............................... 900 Massachusetts Avenue Adam D. Sacks ...................................................................... ............................... 12 Locust Avenue Colleen Bellock Smith ................................. ............................... ............................193 Follen Road Jill E. Stein ..................................................................... .............................17 Trotting Horse Drive Christina J. Welch ................................................................. ............................... 41 Locust Avenue Term Expires 2010 Kathryn Mayes Fields ......................................................... ..............................9 Lexington Avenue Rita B. Goldberg .......................................................... .............................10 Independence Avenue NancyE. Nolan ............................................ ............................... ............................200 Follen Road TobySackton ......................................................................... ..............................8 White Pine Lane Jennifer M. Vogelzang .............................................................. ............................... 8 Paddock Lane BetseyWeiss .................................................................................. ..............................8 Dover Lane Term Expires 2009 Marian A. O. Cohen ................................................................. ..............................8 Plymouth Road RobertW. Cunha ....................................................................... .............................10 Stevens Road Kenneth M. Kreutziger ................................................................ .............................14 Tower Road Steven A. Kropper ................................................................... .............................48 Pleasant Street Douglas M. Lucente .............................................................. ..............................8 Great Rock Road Lauren M. McSweeney ......................................................... .............................17 Sutherland Road Michael J. O' Sullivan ................................................................ ............................... 12 Aerial Street James S. Wilson .................................................................... ............................... 43 Locust Avenue *Mary S. McNamara .................................... ............................... ............................143 Follen Road Precinct 3 Term Expires 2011 Bonnie E. Brodner ..................................................................... ............................... 8 Trodden Path DanH. Fenn, Jr .......................................................................... ............................... 59 Potter Pond MichelleGoddard ................................................................... ............................... 38 Munroe Road Steven P. Heinrich ........................................................................ .............................11 Potter Pond ArthurKatz .............................................................................. .............................18 Barberry Road Patrick R. Mehr .................................................................. ............................... 31 Woodcliffe Road Robert V. Whitman ....................... ............................... ...........................1010 Waltham Street #346 Term Expires 2010 Nancy M. Cannalonga ............................ ............................... ............................942 Waltham Street Benjamin J. Cohen ................................................................... ............................... 87 Bridge Street Peter B. Lee ............................................. ............................... ............................770 Waltham Street Glenn P. Parker ...................................................................... ............................... 186 Spring Street LorenWood ............................................................................ .............................14 Benjamin Road 37 Term Expires 2009 DarwinP. Adams ........................................................................... ............................... 8 Field Road Samuel Berman ...................................................................... ............................... l l Barberry Road Nancy A. Bryant ............................................................. ............................56A Blossomcrest Road Robert N. Cohen ................................................................. ............................... 10 Grassland Street Richard L. Neumeier ................................................................. ............................... 2 Pitcairn Place RobertRotberg ......................................................................... .............................14 Barberry Road Reid E. Zurlo ........................................................................ .............................42 Woodcliffe Road *Helen Epstein ..................................................................... .............................31 Woodcliffe Road *Rosemary Donnis Levy ..................................................... ............................... 27 Grassland Street *James M. Shaw ..................................... ............................... ............................676 Waltham Street *John Tse ......................................................................... ............................... 352 Concord Avenue Precinct 4 Term Expires 2011 Alessandro A. Alessandrini ..................................................... ............................... 32 Slocum Road Lisa A. Baci ........................................................................ .............................18 Fair Oaks Terrace John L. Davies ................................................................ ............................... 18 Prospect Hill Road BeverlyKelley .......................................................................... ............................... 24 Forest Street Tanya T. Morrisett ............................................................ ............................... 21 Valleyfield Street Vincent J. Pisegna ..................................................... ............................... 56 Sherburne Road South RuthS. Thomas ........................................................................... .............................10 Parker Street Term Expires 2010 Nyles Nathan Barnert ........................................................... ............................... 142 Worthen Road Scott F. Burson ........................................................ ............................... 58 Sherburne Road South Margaret B. Heitz .................................................................. ............................... 335 Marrett Road John J. Krawczyk ................................................................... ............................... 78 Outlook Drive CharlesW. Lamb ...................................................................... ............................... 55 Baskin Road John S. Rosenberg ............................................................. ............................... 64 Bloomfield Street Sandra J. Shaw ...................................................................... .............................51 Wachusett Drive Term Expires 2009 GloriaJ. Bloom ......................................................................... ............................... 17 Loring Road Peter David Enrich ................................................................... ............................... 35 Clarke Street Jill I. Hai ............................................................................. ............................... 6 Highland Avenue DavidJ. Harris ............................................................................ ............................... 5A Eliot Road Ellen Jo McDonald .................................................................. ............................... 50 Bridge Street Gerald Paul ....................................................................... ............................... 43 Highland Avenue BarriePeltz ................................................................................ ..............................8 Jackson Court *John M. Patrick ........................ ............................... ...........................2030 Massachusetts Avenue 38 Precinct 5 Term Expires 2011 Paul F. Barnes ........................................................................ ............................... 500 Lowell Street Nancy Corcoran- Ronchetti ........................ ............................... ............................344 Lowell Street Marjorie M. Dagett ............................................................... ............................... 9 Burroughs Road Anthony G. Galaitsis ............................................................. ............................... 7 Burroughs Road Loretta A. Porter ................................................................. ............................... 24 Fletcher Avenue Ephraim Weiss ........................................... ............................... ............................462 Lowell Street David G. Williams ................................................ ............................... 1433 Massachusetts Avenue Term Expires 2010 Irene M. Dondley ...................................................................... .............................22 Leonard Road Marilyn M. Fenollosa .............................................................. .............................10 Marshall Road Andrew J. Friedlich .................................................................. ............................... 22 Young Street Gloria V. Holland ................. ............................... ...........................1475 Massachusetts Ave., #351 JeroldS. Michelson ...................................................................... ............................... 3 Clyde Place M. Masha Traber ......................................... ............................... ............................106 Maple Street Term Expires 2009 ElaineDratch ........................................................................... ............................... 2 Maureen Road Ana H. Flaster ........................................................................... ..............................4 Fairfield Drive OlgaP. Guttag ...................................................................... ............................... 273 Emerson Road JohnHayward ...................................................................... ............................... 358 Woburn Street AnnM. Kelly ...................................................................... ............................... 6 Brookwood Road Joseph G. Lahiff ......................................... ............................... ............................318 Lowell Street JamesR. Lowry ....................................................................... .............................21 Rumford Road Sam Silverman ...................................................................... ............................... 18 Ingleside Road *David E. Burns ............................................................................ .............................46 Ridge Road *Lisa L. Smith .............................................................................. .............................40 Webb Street *Caroline R. Thenen ................................................................. ............................... 90 Maple Street *Matthew A. Thenen ................................................................ ............................... 90 Maple Street Precinct 6 Term Expires 2011 OsmanBabson ........................................................................ ............................... 21 Redcoat Lane Jonathan A. Himmel ............................................................. ............................... 66 Hancock Street MortonG. Kahan .................................................................. ............................... 44 Hancock Street David L. Kaufman ............................... ............................... ............................152 Burlington Street GeraldA. Lacey ..................................................................... ............................... 18 Meriam Street AnnS. Redmon ................................................................... ............................... 31 Woodland Road Frank Sandy .................................. ............................... ............................353 North Emerson Road 39 Term Expires 2010 Florence A. Baturin .................................................................... ............................... 11 Alcott Road BrianP. Kelley ........................................................................... ............................... 44 Grant Street Trisha P. Kennealy ........................................................................ ............................... 4 Brent Road AlanJ. Lazarus ................................................................... ............................... 22 Woodland Road Dawn E. McKenna ................................................................... ..............................9 Hancock Street Richard Pagett ...................................................................... .............................10 Oakmount Circle DeborahStrod ........................................................................... .............................10 Thoreau Road Term Expires 2009 BebeH. Fallick ............................................................................. ............................... 4 Diehl Road EdmundC. Grant ...................................................................... ............................... 27 Grove Street AnnForbes Kane ....................................................................... .............................24 Adams Street JanePagett ........................................................................... .............................10 Oakmount Circle Edith Sandy .................................... ............................... ............................353 North Emerson Road SheldonA. Spector ................................................................... .............................26 Suzanne Road Sheila M. Watson ..................................................................... .............................12 Oakland Street *Todd J. Cataldo .......................................... ............................... ............................ 168 Grant Street * John R. Holt ...................................... ............................... ............................115 Burlington Street Precinct 7 Term Expires 2011 Deborah J. Brown ................................................................... .............................47 Robinson Road James W. Courtemanche .......................................................... ............................... 88 Winter Street Thomas V. Griffiths ................................................................ ............................... 7 Volunteer Way PamHoffman ................................................................................... ..............................4 Rangeway DavidG. Kanter .............................................................................. .............................48 Fifer Lane RobertD. Peters .............................................................................. .............................43 Fifer Lane MarthaC. Wood ...................................................................... ............................... 51 Gleason Road Term Expires 2010 Patricia Elen Costello ................................................................. ............................... 9 Preston Road Margaret L. Counts -Klebe ....................................................... ............................... 94 Winter Street Catherine Woodward Gill ...................................................... ............................... 43 Bertwell Road JoyceA. Miller ............................................................................... .............................23 Fifer Lane Elizabeth B. Perry- Wood ........................................................ ............................... 67 Gleason Road Ravi K. Sakhuja .............................................................. ............................... 50 Turning Mill Road JaneA. Trudeau ...................................................................... ............................... 7 Volunteer Way 40 Term Expires 2009 Marsha E. Baker .................................................................. .............................46 Burlington Street DonaldO. Benson ..................................................................... ............................... 58 Dexter Road KeithHoffman ........................................................................... ............................... 4 Wright Street Sheryl R. Mahoney ....................................................................... .............................65 Blake Road FredH. Martin ............................................................................ .............................29 Dewey Road James C. Wood, Jr .................................................................. ............................... 51 Gleason Road AlanA. Wrigley ...................................................................... ............................... 205 Grove Street *Nicholas Alexandrou ............................................................ ............................... 3 Williams Road *Jay B. Eidson ........................................................................ ............................... 50 Gleason Road *Amanda Pettingill ......................................................................... .............................32 Fifer Lane Precinct 8 Term Expires 2011 Roger F. Borghesani .............................................................. ............................... 24 Hastings Road Margaret Bradley ............................................................... ............................... 48 Bellflower Street CharlesHornig .............................................................................. .............................75 Reed Street Stewart G. Kennedy ............................................................. ............................... 38 Liberty Avenue Richard A. Michelson ............................................................. ............................... 54 Asbury Street Charles L. Moore, Jr . .................................................................. .............................87 Cedar Street JamesA. Osten ........................................................................... ..............................8 Revere Street Term Expires 2010 Nancy Bartlett ................................................................ ............................... 59 Ledgelawn Avenue John T. Cunha ................................................................... ............................... 11 Homestead Street David C. Horton .................................................................. .............................68 Paul Revere Road AlanMayer Levine ..................................................................... ............................... 54 Reed Street AlanV. Seferian ...................................................................... .............................10 Augustus Road Melinda M. Walker ............................................................. ............................... 14 Larchmont Lane Term Expires 2009 Richard H. Battin ................................................................ .............................15 Paul Revere Road Larry N. Belvin ....................................................................... ............................... 10 Denver Street William Herring ......................................................................... ............................... 20 Ward Street Ingrid H. Klimoff ........................................................................ ............................... 75 Reed Street Jessie Steigerwald ........................................ ............................... ............................143 Cedar Street Shirley H. Stolz .......................... ............................... ...........................2139 Massachusetts Avenue Carolyn H. Tiffany ........................................ ............................... ............................109 Reed Street *Diane M. Biglow .............................................................. ............................... 15 Bellflower Street *Margaret S. Enders ............................................................... ............................... 11 Kimball Road *Deborah N. Mauger ........................................................... ............................... 38 Liberty Avenue 41 Precinct 9 Term Expires 2011 Alice J. Adler ......................................................................... .............................10 Nickerson Road Janice A. Kennedy .................................................................. ............................... 135 Wood Street WendyManz ............................................................................... .............................14 Ellison Road Leo P. McSweeney ................................... ............................... ............................435 Lincoln Street LisahS. Rhodes ..................................................................... ............................... 482 Marrett Road Damon M. Wirtanen ...................................................................... .............................24 Tufts Road Justine A. Wirtanen ........................................................................ .............................24 Tufts Road Term Expires 2010 Victoria Lawrence Blier ............................................................ ............................... 41 Shade Street RodneyCole ............................................................................. ............................... 80 School Street Margaret E. Coppe ............................................................. .............................12 Barrymeade Drive ThomasO. Fenn ........................................................................ ............................... 15 Shade Street Laura J. Hussong ...................................................................... ............................... 74 School Street Jesse F. Segovia ....................................................................... ............................... 7 Pheasant Lane Francine Stieglitz .................................................................... ............................... 3 Amherst Street Term Expires 2009 Shireen Ahmed .......................................... ............................... ............................393 Lincoln Street Narain D. Bhatia ..................................................................... ..............................8 Nickerson Road RichardL. Canale ..................................................................... ............................... 29 Shade Street HelenL. Cohen ..................................................................... ............................... 32 Patterson Road MollieK. Garberg .................................................................... ............................... 16 Cary Avenue William P. Kennedy ................................................................ ............................... 135 Wood Street JanetM. Perry ............................................................................. .............................16 Ellison Road *Thomas R. Diaz ..................................................................... ............................... 74 School Street 42 TOWN FINANCE TERMINOLOGY The following terms are frequently used in the annual town report and at the town meeting. In order to provide everyone with a better understanding of the meaning, the following definitions are provided. AVAILABLE FUNDS - "FREE CASH" The amount certified annually by the Bureau of Accounts, Department of Revenue. The certified amount is the Unreserved Fund Balance less all outstanding taxes. This fund may be used by a vote of the town meeting as available funds for appropriation. AVAILABLE FUNDS - OTHER Usually refers to balances in special funds or to balances remaining in specific articles previously appropriated. These balances become available for re- appropriation by Town Meeting (or are returned to the town's general fund balance). "CHERRY SHEET" A financial statement issued by the State on cherry- colored paper that itemizes state aid due to the town, and charges payable by the town to the state and county. The assessors need the Cherry Sheet to set a tax rate. GENERAL FUND The municipal fund accounts for most financial expenses and revenues approved by town meeting. The tax levy is the principal source of revenue in the general fund. ENTERPRISE FUND A self - supporting account for a specific service or program that the town operates as a separate "business." Enterprise funds do not depend on taxes for operating revenue. For example, water operations are funded through the water enterprise fund, which receives funds from a consumption based fee system. Ideally, enterprise resources and expenditures should balance over time. Funds in enterprise accounts do not revert to the general fund at the end of the fiscal year. OVERLAY The overlay is the amount raised by the Assessors in excess of appropriations and other charges for the purpose of creating a fund to cover abatements granted by the Board of Assessors. RESERVE FUND This appropriation is voted at the annual town meeting in an amount not to exceed 5% of the tax levy of the preceding year. Transfers from the reserve fund are approved by the Appropriation Committee and may only be used for "extraordinary or unforeseen expenditures." REVOLVING FUND Revolving funds are used for a particular service. They must be re- authorized each year by a vote of Town Meeting. An overall limit on spending is set by Town Meeting. The funds can be used for the service without appropriation up to the approved limit. 43 ELECTION INFORMATION Local Election - Monday, March 2, 2009 Polling Hours - 7 a.m. to 8 p.m. Polling Locations Precinct 1 Cary Memorial Building, 1605 Massachusetts Avenue Precinct 2 Bowman School, Philip Road Precinct 3 Jonas Clarke Middle School, Stedman Road Enter off Waltham Street via Brookside Avenue Precinct 4 Bridge School, Middleby Road Precinct 5 Cary Memorial Building, 1605 Massachusetts Avenue Precinct 6 Diamond Middle School - enter off Hancock Street at Burlington Street traffic circle Precinct 7 Estabrook School, Grove Street -near Route 128 Precinct 8 Fire Headquarters Building, Bedford Street at Worthen Road Precinct 9 Maria Hastings School, Crosby Road (off Massachusetts Avenue near Route 128) For further information, call the Town Clerk's Office 781 - 862 -0500, Ext. 270. Town of Lexington PRESORTED Lexington, MA 02420 STANDARD U.S. Postage Paid Boston, MA Permit No. 3011 WS CAR SORT Postal Patron Lexington, MA