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HomeMy WebLinkAbout1968-06-03-STM-min 47 (FOR WARRANT - SEE WARRANT BOOK) SPECIAL TOWN MEETING HELD JUNE 3, 1968 The meeting called to order by the Moderator, Robert B. Kent, at 8:06 P. M. There were 191 Town Meeting Members present. Invocation offered by Rev. Floyd J. Taylor, First Parish Church. 8:07 P. M. Town Clerk, Mary R. McDonough, read the Warrant for the meeting until further reading z g w as waived. 8:10 P. M. The Town Clerk read the Constables Return of the Warrant. 8:10 P. M. Article 1. Donald R. Grant moves that the Report of the Appropriation Committee be accepted and placed on file. Carried Unanimously 8:10 P. M. Jack L. Mitchell moves that the Report of the Capital Expenditures Committee be accepted and placed on file, Carried Unanimously 8:11 P. M. Margery M. Battin moves that the Report of the Structure of Town .Government Committee be accepted and placed on file. Carried Unanimously 8:11 P. M. Article 2. Presented by Robert Cataldo. MOTION: To raise and appropriate the additional sum of $17,004.00 for Engineering-Personal Services for the year 1968. 8:12 P. M. Donald R. Grant moves to amend the pending motion by striking out the figure of $17,000 ,and substituting in place hereof 'the figure of $11,000. 8:17 P. M. Amendment, as presented by Mr. Grant, declared carried by voice vote. 8:25 P. M. Main motion, as amended: MOTION: To raise and appropriate the additional sum of $11,000.00 for Engineering-Personal Services for the year 1968, Main motion, as amended, declared carried by voice vote. 8:25 P. M. Article 3. Presented by,Margery M. Battin. MOTION: To instruct the Selectmen to,petition the General Court for the enactment of legislation authorizing the - establishm.ent of a Selectmen-Town Manager form of govern- ment in the Town of Lexington in accordance with the proposed legislation prepared and submitted by the Structure of^Town Government Committee, a copy of such proposed legislation dated June 1968 being on file in the office of the Town Clerk, with the following changes: 1. Addition of the word "town" between the words "annual" and "meeting" in the third line of Section 19. 2. Substitution of the words "except as provided in (a) , (6), (c) and (d) above" for the words "except as provided in (b) and (c ) above" in Section 2(e). 4S Article 3, 3. Addition of the sentence "The powers and responsibilities (Cont.) of the Trustees of Public Trusts as prescribed by Chapter 107 of the Acts of 1910 shall not be changed by acceptance of this act." at the endce Section 2 (g) . 4. The striking out of the word "may" before the words "establish" and "transfer" in Section 9 (b). 8:28 p. M. Stephen T. Russian of the Structure of Town Government Committee gives an e p1a°nation of this article. 8:55 P. M. Natalie H. RiffiA makes the following motion: II To amend the list of elected officials in the first paragraph of SECTION "1 by adding a line reading "(f) planning board" to said list, and to amend SECTION 2 by striking out in subsection (d) thereof the line reading "2 a planning board" and by renumbering line 3 to become hire 2. 9:02 P. M. Arthur E. Bryson, Jr. reads a statement of former Planning Board members in favor of the main motion. 9:12 P. ]1, Lincoln P. Cole, Jr. states that the Board of Selectmen are unanimously in favor of the Structure of Town Govern- ment propc3sal and against the amendment. 9:18 P. M. Irving H. Mabee states that he believes that Mr, -Cole meant to say "that the Board of Selectmen who are present% He read a letter from Selectman Roland B. Greeley who ie in Germany stating that he is in favor of the Selectmen- Town Manager form of government in general but would prefer that the Planning Board be elected, but that if he were present he would vote for the Town Manager proposal nevertheless. 9:24 P. M. The amendment, as presented by Mrs. Riffin, declared lost by voice vote. 10:37 P. M. Voice vote doubted, so standing vote taken as follows : In Favor Tellers Opposed 26 Gordon E. Steele 15 16 Joseph 0. Rooney 26 26 nonald J. Shaw 18 28 Richard W. Souza w 28 96 87 Amendment, as presented by Mrs. Riffin, declared carried. 10:39 P. M. Natalie H. Riffin presents a second motion: To amend SECTION 2-by adding in subsection (e) thereof following the words "a planning director" the words "with approval of the planning board," 10:39 P. M. The second amendment, as presented by Mrs. Riffin, declared carried by voice vote, 10:40 P. M. Allan F. Kenney speaks in favor of a Chief Administra- tive Officer as opposed to a Town Manager, 9:47 P. M. Article 3. Allan Lee Whitman, Jr. makes the following motion: (Cont. ) To amend Article 3, section 9 b. by adding after the' words General Laws: "and except as otherwise expressly prohibited by a vote of the town meeting", 9:56^ P. M. Mr.' 'Whitman's motion declared lost by voice vote. 10:03 P. M. Robert Cataldo moves for indefinite postponement of the main notion. 10:03 P. M. Mr. Cataldo gives his reasons for wanting to postpone this article. He states that there is a need for a change but that this is not the answer.' 10:11 P. M. J. Keith Butters moves the previous question which was declared carried by voice vote. 10:15 P. M. Mrs. Battin yields her ten minutes to Lincoln P. Cole, Jr. who then speaks in favor of the article. 10:17 P. M. Indefinite postponement declared lost by voice vote. ' 10:17 P. M. Main motion, as amended, declared carried by voice vote. 10.18 P. M. Article 4. Presented by 1Iar fiery M. Battin, MOTION: To continue or to revive until the final dissolution of the 1969 Annual Town. Meeting, unless sooner discharged by vote of a Town Meeting, the Structure of Town Government Committee, established under Article 49 of the -.Tarrant for the 1966 Annual Town Meeting, for the purpose of explaining to the voters of the Town the legislation--approved under Article 3 of this meeting for a Selectmen-Town Manager form of government in the Town. Carried Unanimously 10:19 P. M. Article 5. Presented by Robert Cataldo. MOTION:` That the sum of $60,000.00 be appropriated, in addition to the funds previously appropriated, for re- construction of Lowell Street from. Woburn Street to Maple Street under Chapter 90 highway construction, that any portion of said sum not expended for said purpose be used for construction under Chapter 90 highway construction of the portion of Worthen Road in land owned by the Town of Lexington, and that Payment be provided by transfer from the Excess and Deficiency Account. 10:20 P. M. Milton L. Gould: moves td add to the motion the following language: "Except that no part of these funds may be used °for the construction of Worthen Road without the express approval of the Town Meeting." 10:23 P. M. Mr. Gould's amendment declared lost. 10:35 P. M. Douglas T. Ross moves to postpone ' thEs article until after Article 20 has been taken up. Mr. Ross revises his motion to lay this article upon the table. 10:36 P. M. Standing vote taken on Mr. Ross 's motion: In Favor Tellers Opposed 9 Gordon E, Steele 27 5 Joseph 0. Rooney 29 17 4 Donald J. Shaw 25 16 Richard W. Souza 33 47 114 Motion to lay Article 5 on the table declared lost. 10:40 P. M. 56 Article 5. Frederick E. Tucker moves the previous question which was (Cont.) declared carried by voice vote. 10:)t2 P. M. Main motion, as presented by Mr. Cataldo, declared carried by voice vote. 10:43 P. M. Ephraim Weiss moves for reconsideration of Article 5. 10:)111 P. M. After general discussion, Alfred S. Busa moves the previous question which was declared carried by voice vote. 10:55 P. M. Reconsideration of Article 5 declared lost by voice vote. 10:56 P.M. Richard H. Battin moves that this meeting be adjourned to Tuesday, I June 4, 1968 at 8 P. M. 10:57 P. M. Lincoln P. Cole, Jr. moves tb amend the motion offered by Mr. Battin by changing the time of the meeting from 8 P. M. to 8:30 P.M. Mr. Cole explains that there is going to be a testimonial' for Augustus Young,^ Principal ofthe Fiske School, on June 4, 1968 from 7 to 10 P. M. and many of the parents would be attending. By delaying the meeting for a half hour, anyone could attend the testimonial and still be able to attend the town meeting. Amendment, as offered by Mr. Cole, declared carried by voice vote. ' 10:58 P. M. The motion, as presented by Mr. Battin, as amended by Mr. Cole, that the town meeting be adjourned to Tuesday, June 4, 1968 at 8:30 P. M. was declared carried by' voice vote. 10:58 P. M. Town Clerk ADJOURNED TOWN MEETING HELD JUNE Ai. 1968 Meeting called to order by the Moderator, Robert B. Kent, at 8:37 P. M. There were 1?3 Town Meeting Members present. Invocation offered by Rev. Henry H. Clark, Hancock Congregational Church, 8:38 P. M. Vernon C. Page moves that Article 20 be taken up at this time which was declared carried by voice vote, 8:40 P. M. Article 20. Presented by Vernon C. Page. MOTION: To amend the General By•'Laws by striking out (See Section 2 of Article XXVII 'in its entirety and inserting in place thereof a new Section 2 to read as follows: Page , 52. ) Section 2, No dog owned or kept in this Town shall be allowed to be off the premises of its owner or keeper except in the immediate restraint and control of some ' person by means of a leash, The airier or keeper of any such dog that is not restrained or controlled off the premises of its ownef or keeper shall be punishable by a fine of not more than ten dollars for each offense. 8:41 P. M. Mr. Page and Rufus L. McQuillan give an explanation. 8:54 P. M. Robert H. Kingston makes the following motion: 51 Article 20. MOVED: To amend Article 20 by adding after the (Cont. ) :vrords "by means of a leash", the words "or by effective command". 8:55 P. M. Lincoln P. Cole, Jr. presents the following motion: To refer the matter of the restraint or control of dogs owned or kept in the town to a committee of five residents of the town to be appointed by the Moderator, one of whom shall be a licensed veterinarian and at least two others of whom shall be Town Meeting Members, said committee to study the needs of the town for the restraint or control of dogs and the means to provide such restraint or control and the enforcement thereof, and to report to- the next annual town meeting its findings and recommenda- tions, including any proposed amendment to the General By-Laws and the estimatelcosts to carry out its recommendations. 9:07 P. M. After general discussion, Homer J. Hagedorn moves the previous question which was declared carried by voice vote. 9:22 P. M. Standing vote taken as follows on the amendment as offered by Mr. Cole: In Favor Tellers Opposed 2L1. , John F. Downey, Jr. 13. 12 Logan Clarke, Jr. 21 15 Robert A. Bittenbender 25 39 Wallace Cupp 20 90 79 Amendment, asoffered by Mr. Cole, declared adopted. 9:28 P. M. Article 6. Presented by Lincoln P. Cole, Jr. MOTION: To instruct the Selectmen to petition the General Court for the enactment of legislation to provide for placing on the official ballot used in the Town at each biennial state election a question whether licenses shall be granted in the Town for the sale therein of all alcoholic beverages by certain clubs and war veterans ' organizations. 9:30 P. M. Ephraim Weiss serves notice of reconsideration of Article 20. 9 :30 P. M. Article& 6. Ephraim Weiss speaks against the main motion. 9:32 P. M. (Cont. ) Main motion, as offered by Mr. Cole, declared carried by voice vote. 9:33 P. M. Voice vote doubted, so standing vote taken as follows: In Favor Tellers Opposed 19 John. F. Downey, Jr. 9 26 Logan Clarke, Jr. 6 2L Robert A. Bittenbender lig 32 Wallace Cupp 15 101 44 Main motion declared adopted. 9 :35 P. M. Ephraim Weiss moves for reconsideration of Article 20. He -states that he believes that there was an error in the count on the vote on Mr. Cole 's amendment. 9:36 P. M. Reconsideration of Article 20 declared lost by voice vote. 9:36 P.M. Voice vote doubted, so standing vote on reconsideration of Article 20 taken as follows: In Favor Tellers Opposed 12 John F. Downey, Jr. 25 26 Logan Clarke, Jr. 7 27 Robert A. Bittenbender 12 26 Wallace Cupp 26 91 70 Reconsideration of Article 20 declared adopted. 9:38 P. M. Article 20. Various speakers. , 9:)j); P. M., Francis T. Worrell moves the previous question which was declared carried by voice vote. 9:45 P. M. A standing vote was. taken on the motion as offered by Approved Lincoln P. Cole, Jr. to amend the main motion as by offered by Vernon C. Page under Article 20: Attorney General, In Favor Tellers Opposed Elliot L. Richardson, 23 John F. Downey, Jr. 15 July 30, 11 Logan Clarke, Jr. 22 1968 13 , Robert A. Bittenbender 25 28 Wallace Cupp 28 75 90 Mr. Cole's motion to amend Article 20 declared lost. 9:48 P. M. Robert H. Kingston's motion to amend Article 20 by adding after -the words ,"by means of a leash", the words "or by effective command". declared carried by voice vote. 9: 48 P. M. Main motion, as amended, now reads : MOTION: To amend the General By-Laws by striking out Section 2 of Article XXVII in its entirety and inserting in place thereof a new Section 2 to read as follows : Section 2. No dog owned or kept in this Town shall be allowed to be off the premises of its owner or keeper except in the immediate. restraint and control of some person by means of a leash or by effective command. The owner or keeper of any such dog that is not restrained or controlled off the premises of its owner or keeper shall be punishable by a fine of not more than ten dollars for each offense. Standing vote taken on main motion as amended: In Favor Tellers Opposed 13 John. F. Downey, Jr. 23 21 , Logan Clarke, Jr. 12 28 Robert A. Bittenbender 12 29 Wallace Cupp 25 91 72 Main motion, as amended, declared adopted. 9:50 P. M. Vernon C. Page presents the second part of Article 20. Article 20. MOTION: To raise and appropriate the additional sum of $5500.00 for Dog Officer-Personal Services for the year 1968 and the additional sum of $600.00 for Dog Officer-Expenses for the year 1968. Declared carried by voice vote, but voice vote doubted, so standing vote taken as follows: In Favor Tellers Opposed 13 John F. Downey, Jr. 2W 24 Logan Clarke, Jr. 31 Robert -A. Bittenbender 6 30 Wallace Cupp 211 98 62 Motion, as offered by Mr. Page under the second part of Article 20, declared adopted. 9:55 P. H. Article 7. Presented by Lincoln P. Cole, Jr. MOTION: To instruct the Selectmen to petition the General Court for the enactment of legislation to provide for placing on the official ballot used in the _ Town at each biennial state election a question whether licenses shall be granted in the Town for the sale therein of all alcoholic beverages by restaurants having a dining room capacity of not less than ninety-nine persons. 9:55 P. M. Shirley D. Bayle speaks in behalf of her clients, the owners of Anthony's Restuarant, in favor of this article. 9:58 P. M. Temple E. Scanlon moves the previous question which was declared carried by voice vote. 10:03 P. M. Main motion declared carried by voice vote. 10:04 P. M. Article 8. Presented by Robert Cataldo. MOTION: That the sum of $62,000.00 be appropriated to be used in conjunction with money appropriated under Article 15 of the Warrant for the 1968 Annual Town Meeting for the construction of a sewer main or mains, and the - acquisition of land or interests therein necessary there- for, in such accepted or unaccepted streets or other land as the SelecLnien may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, as amended, or otherwise, and that payment thereof shall be provided by transfer from the excess and Deficiency Account. 10:05 P. M. Jack L. Mitchell, Chairman of the Capital Expenditures Committee, moves to amend the motion by striking therefrom the figure of $62,000.00 and substituting therefor the figure 40,000.00. 10:08 P. m. Charles E. Parks serves notice of reconsideration of Article 20. The Moderator asks if this is on the second part of Article 20 as the first part has already been reconsidered. No article can be recon- sidered twice. Mr. Parks states that he is referring to the second part of Article 20. 10:11 P. M. Article 8. Amendment, as offered by Mr. Mitchell, declared lost by (Cont. ) voice vote. 10:12 P. N. Main motion, as offered by Mr. Cataldo, declared carried by voice vote. 10:12 P. M. 4 Natalie Ho Riffin moves that Article 10 be taken up at-this time which was declared carried by voice vote. 10:12 P. M. Article 10. Presented by Natalie H. Riffin. MOTION: To amend the Zoning By-Law by striking out Sections 1 through 20, inclusive, thereof, as amended, together with all zoning maps referred to therein, and by substituting therefor Sections 10 through 40, inclusive, as set forth in the Zoning By-Law attached to and incorporated by reference in Article 10 of the Warrant for this Town Meeting. 10:13 P. M. (See below for Zoning By-Law as referred to in Article 10.) Zoning By-Law as referred to in - Article 10. 55 Article 10. Mrs. Riffin presents the Report of the Planning Board (Cont. ) and states that the Planning Board is unanimously in favor of this article. 10:13 P. M. Francis T. Worrell, Planning Board member, states that due to some typographical errors the Planning Board will offer amendments to Article 10, The following ten amendments offered by Mr. Worrell. MOTION: To designate the paragraph following the para- graph 25.68 and beginning with the words "Diners or lunch carts" as 25.69. - Carried Unanimously 10:18 P. M. MOTION: To strike out the symbols in the CR and CH columns of Section 25 opposite paragraph 25.85 and to insert in place thereof the symbol "No" in the CR column and the symbol "SPS" in the CH column. Carried Unanimously 10:19 P. N. MOTION: To strike out the Minima. Lot Area and the Minimum Lot Frontage figures of 60,000 s.f. and 175 ft. respectively in the column CS of Section 27 and to insert in said column CS 15,500 s.f. as the Minimum Lot Area and 125 ft. as the Minimum Lot Frontage. 'Carried Unanimously 10:19 P. M. MOTION_: To strike out the symbol "s.q. " in Subsection 31.3 of the Zoning By-Law and to insert in place thereof the symbol "s.f." _Carried Unanimously 10:20 P. M. MOTION: To substitute "or" for "of-"- in the first line of paragraph 35.52 of the Zoning By--Law. Carried Unanimously 10:20 P. M. MOTION: ' To strike out the words "this section" in the last clause of Section 21 of the Zoning By-Law and to insert in place thereof the words "the following sections, " so that said Section 21 shall read as follows : Section 21. In the event of any discrepancy between the boundaries of the districts as shown on the Zoning Map and as hereafter described, the descriptions set forth in the following sections shall govern. Carried Unanimously 10:21 P. M. MOTION: To strike out the text of Subsection 11.2 of the Zoning By-Law and to insert in place thereof the following: Applications for building permits shall be filed with the Building Inspector on forms furnished by him, as provided in the Building By-Laws. With every such application there shall be Filed a plan in duplicate of the lot upon which said building is to be erected drawn to scale and showing the dimensions of the lot and the location and size of the building, if any, upon said lot and the building or buildings to be erected thereon and all streets upon which said lot abuts. Carried Unanimously 10:24 P. M. MOTION: To strike out the last paragraph of Section 24 of the Zoning By-Law beginning with the Symbol 'SOS" and to insert in place' thereof the following new paragraph: "SPS - use permitted, but the construction, reconstruction, substantial alteration of or addition to buildings for such uses shall be subject to a Special Permit as above with the additional site plan review requirements of Section 13 hereof. Carried Unanimously 10:26 P. M. 5 Article 10. MOTION: In the definition of roadside stand in Section (Cont. ) 40 to strike out the word "Premises" and to insert in place thereof the words "The land and the structures thereon, " so that said definition shall read as follows: ROADSIDE STAND: The land and the structures thereon for sale of edible farm products, flowers, fireplace wood, preserves and similar products, not less than half of which (measured by dollar volume of annual sales ) have been produced or grown within Lexington on land owned by the owner of the stand; no goods except plants, flowers and fireplace wood shall be stored or offered for sale outdoors. Carried Unanimously 10:28 P. M. MOTION: To strike out the "date"1939" in the phrase "On or after August 8, 1939 and prior to December., 1950" in Section 26.51 on page 27, and substitute therefor the date "1938". Carried Unanimously 10:28 P. M. Donald E. Legro, Town Counsel, moves to amend the main motion, as presented by Mrs. Riffin, by adding at the end of the motion the words "and the Zoning map referred to therein on file in the office of the Town Clerk". Carried Unanimously 10:30 P. M. Mrs. Riffinls motion, as amended by Mr. Legro, now reads : (Approved MOTION: To amend the Zoning By-Law by striking out by Sections 'l t11--ough 20, inclusive, thereof, as amended, Atty. Gen. , together with all zoning maps referred to therein, and July 16 , by substituting therefor Sections 10 through _O, in- 1968. ) elusive; as set forth in the Zoning By-Law attached to and incorporated by reference in Article 10 of the Warrant for this Town Meeting, and the Zoning map referred to therein on file in the office of the Town Clerk. (Carried Unanimously 10:30 P. M.) Main motion, as amended, camried unanimously. 10:30 P.M. —` (See next page for copy of new Zoning By-Law as amended) Article 9. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are (Amended authorized on behalf of the Town to purchase, and take by eminent domain or otherwise acquire, for adopted - street, playground and recreational purposes, all or See part of land described as follows; Lot 61 of Map 47 Page 60.-) consisting of 20.9 acres, more or less, said map being Property Maps of the Town of Lexington prepared by James W. Sewall Company of Old Town, Maine, dated 1962, as modified and updated by the Town from year to year; and to raise and appropriate for said land acquisition the sum of $45,000.00. 000.00. 10:32 P. '11. Donald R. Grant moves for indefinite postponement. 10:33 P. M. Wilbur M. Jaquith serves notice of reconsideration of Article 10, 10:36 P. M. Indefinite postponement declared lost by voice vote. 10:46 P. H. Standing vote taken on main motion: In Favor Tellers Opposed 11 John F, Downey, Jr. 20 22 Logan Clarke, Jr. 10 2L Robert A. Bittenbender 16 31 Wallace Cupp 13 88 - 59 Less than the required two-thirds having voted in the affirmative, the motion is not adopted. 10:47 P. M. 57, (See below for new Zoning By-Law, as amended, and passed under Article 10 on the preceding page) �ti Article 11. Presented by Lincoln P. Cole, Jr. MOTION: That, as authorized by Section 69 of Chapter 152 of the General Laws as amended by Chapter 401 of the Acts of 1966, the terms laborers, workmen and mechanics, as used in Sections 68 to 75, inclusive, of Chapter 152, shall also include such elected or appointed officers of the Town, except selectmen or members of the police or fire force, as the Selectmen may, from time to time, designate, as evidenced by a writing filed with the Massachusetts Division of Industrial Accidents. Carried by voice vote. 10:49 P. M. Article 12. Presented by Lincoln P. Cole, Jr. MOTION: That the Selectmen be and they hereby are authorized to retain professional services for design of a suitable veterans* memorial to be located at Emery Park or other suitable place in the Town and to raise and appropriate therefor the sum of $500.00, 10:50 P. M. Allan Lee Whitman, Jr. moves to amend the motion by striking therefrom the words "Emery Park" and sub- stituting therefor the words "Cary Hall ". 10:52 P. M. Arthur T. Bernier serves notice of reconsideration of Article 9, 10:52 P. M. Article 12. Motion of Mr. Whitman to amend the main motion (Cont. ) declared lost by voice vote. 10:55 P. M. Main motion, as presented by Mr. Cole, declared lost by voice vote, but voice vote doubted, so standing vote taken as follows: In Favor Tellers Opposed 16 John F. Downey, Jr. 13 11 Logan Clarke, Jr. 19 6 Robert A. Bittenbender 32 24 Wallace Cupp 20 57 84 Main motion declared lost. 11 P. M. Charles E. Parks moves to adjourn meeting to Monday, June 10, 1968 at 8 P. M. 11:01 P. M. Lincoln P. Cole, Jr. moves to amend the motion of Mr. Parks by adjourning meeting to Wednesday, June 5, 1968 at 8 P. M. 11:02 P. M. Robert E. Bond moves to amend Mr. Cole's amendment by striking out the "8 P. M." and substituting therefor "7 P. M.". 11:03 P. H. Amendment as presented by Mr. Bond declared lost by voice vote. 11:05 P. M. Amendment as presented by Mr. Cole declared carried by voice vote. 11:05 Po M. Motion of Mr. Parks, as amended by Mr. Cole, declared lost by voice vote. 11:05 P. M. Article 13. Presented by Irving H. Mabee. MOTION: To raise and appropriate the sum of $4,600.00 for the construction and installation of additions to the Civil Defense warning system and the relocation of three existing warning devices. 11:05 P. M. 59 Article 13. Donald R. Grant moves for indefinite postponement. (Cont. ) - 11:09 P. M. Frank T. Samuel, Jr. serves notice of reconsideration of Article 12. 11:13 P. M. Article 13, Howard M. Hassler speaks in favor of the motion. (Cont.) 11:20 P. M. Arthur E. Burrell, Director of Civil Defense, gives an explanation of the article. 11:25 P. M. Indefinite postponement declared carried by voice vote. 11:30 P. M. Article 14.. Logan Clarke, Jr. moves for indefinite postponement. -Carried Unanimously 11:30 P. M. Wilbur M. Jaquith moves for reconsideration of Article 10 which was declared lost by voice vote. 11:32 P. M. Martin I. Small moves for reconsideration of the second part of Article 20. 11:33 P. M. After general discussion, Homer J. Hagedorn moves the previous question which was carried by voice vote. 11:40 P. M. Reconsideration of the second part of Article 20 was declared lost by voice vote. 11:40 P. M. Frank T. Samuel, Jr. moves for reconsideration of Article 12. 11:42 P. M. Reconsideration"of Article 12 declared lost by voice vote. 11:45 P. M. Article 15. Presented by Lincoln P. Cole, Jr. MOTIONT: To raise and appropriate the additional sum of $765.00 for Cemetery Department - Expenses for the balance of the year 1968. 11:17 P. M. James R. Sherman, Cemetery Commissioner, gives an explanation-of the article. 11:47 P. M. Donald R. Grant states that the Appropriation Committee opposes this article. 11:L8 P. M. Motion, as presented by Mr. Cole, declared lost by voice vote. 11:LE.8 P. M. Article 16. Presented 'by Jules p. Sussman. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire in the name of the Town, and to authorize the Selectmen to take by eminent domain upon the written -request of the Conservation Commission, for conservation purposes as provided by Section 8C of Chapter L..0 of the General Laws, all or any part of land described as follows: Lots 99 and 129 on Map 83, consisting of 9.25 Acres, more or less, and 2.7 Acres, more or less, respectively, said maps being Property Maps of the Town of Lefton prepared by James W. Sewall Company of Old Town, Maine, dated 1962, as modified and updated by the Town from year to year; and to raise and appropriate for said land acquisition the sum of $24,000.00. 11:50 P. M. Mrs. Riffin states that the Planning Board is in favor. 11:55 P. M. 6 V Article,16. Jack L. Mitchell states that the Capital Expenditures (Cont.) Committee is in favor°of this article. 11:56 P. M. , Donald R. Grant, Chairman of the Appropriation,Committee, speaks against the article. 11:59 ,P. M. Allan F. Kenney states that the Board of Selectmen is unanimously in favor of this article. 11:59 P. M. , Stillman P. Williams moves the previous question which was carried unanimously. 11:59 P. M. Standing vote on main motion taken as follows: In Favor Tellers Opposed 12 , John F. Downey, Jr. 15 26 Logan Clarke, Jr. 2 32 Ernest A. Giroux 6 r Wallace Cupp 1 104 24 More than the required two-thirds having voted in the affirmative, the motion is declared adopted. 12:02 A. M. Robert Cataldo moves for reconsideration of Article 9. 12:02 A. M. Reconsideration of Article 9 declared carried by voice vote which was doubted, so standing vote taken as follows: In Favor Tellers Opposed 10 John F. Downey, Jr. 21 20 Logan Clarke, Jr. 8 15 Ernest A. Giroux 20 30 Wallace Cupp 8 75 '57 Reconsideration of Article 9 declared adopted. 12:07 A. M. Article 9. Robert Cataldo moves to amend Article 9 by striking therefrom the word nstreet". 12:08 A. M. After general discussion, Joseph 0. Rooney moves the previous question which was declared carried by voice vote. 12:16 A. M. Standing vote taken on amendment as offered by Mr. Cataldo: In Favor Tellers Opposed 9 John F. Downey, Jr. 19 15 Logan Clarke, Jr. 13 20 Ernest A. Giroux 16 26 Wallace Cupp 10 70 58 Amendment adopted. 12:18 A. M. Main motion, as amended, now reads: MOTION: . That the Selectmen be ,and they hereby are authorized on behalf of the Town to purchase, take by eminent domain or otherwise acquire, for playground and recreational purposes, all or part of land described as follows: Lot 61 of Map 47 consisting of 20.9 acres, more or less, said map being Property Maps of the Town of Lexington_ repared.by James W. Sewall Company of Old Town, Maine, dated 1962, as modified and updated by the Town from year to year; and to raise and appropriate for said land acquisition the sum of $45,000.00. Article 9. Standing vote taken on main motion, as amended: (Cont, ) _ In Favor Tellers Opposed 9 John F. Downey, Jr. 21 19 Logan Clarke, Jr. 9 14 Ernest A. Giroux 22 28Wallace Cupp 9 70 61 Main motion, as amended, declared adopted. 12:20 A. M. Article 17. Presented by Lincoln P. Cole, Jr. MOTION: That the Selectmen be and they hereby are authorized to release lots 102 to 104, inclusive, on Taft Avenue from the restrictions imposed in a certain deed from the Town to Jennie C. Coye and Edward E. Coye conveying lot 99 on Taft Avenue, which deed is dated October 27, 1958 and recorded in Middlesex South District Registry of Deeds, Book 9259, Page 263; that the minimum amount to be paid for such release shall be $1.00; and that the instrument of release shall be in such form as the Selectmen, by the execution thereof, shall approve. 12:21 A. M J. S. Nason Whitney raises the question regarding the presence of a quorum. The Moderator states that one hundred members constitute a quorum and that there is a quorum present. 12:23 A. M. Milton L. Gould moves for indefinite postponement of Article 17. 12:23 A. M. Indefinite postponement declared lost by voice vote, 12:26 A. M. Main motion, as presented by Mr. Cole, carried unanimously. 12:27 A. M. Article 18. Lincoln P. Cole, Jr. moves for indefinite postponement of this article. Carried Unanimously 12:27 A. M. Article 19. Presented by Eric B. Tula. MOTION: That the Selectmen be authorized to retain professional services for the preparation of plans and specifications for the development of the so-called Old Reservoir area off Marrett Road for recreational use, including swimming, and to develop all or a portion of said area; and to raise and appropriate therefor the sum of $30,000.00. 12:28 A. M. Mr. Fula gives an explanation and shows slides. 12:40 A. M. Rufus L. McQuillan reads a report of the Board of Health concerning possible bacteria in the water. 12:45 A. M. Robert E. Bond states that the Recreation Committee is unanimously in favor of this article. 12:52 A. M. Donald R. Grant moves for indefinite postponement. 1 A. M. Indefinite postponement declared lost by voice vote. 1:08 A. M. Main motion, as presented by Mr. Kula, declared carried by voice vote. 1:08 A. M. The Moderator thanks the Boy Scounts for manning the microphones. Lincoln P. Cole, Jr. moves that the meeting be dissolved. Carried Unanimously 1:10 A. M. Town Clerk Michael A. Miller, 5 Partridge Road, resigned as a Town Meeting Member in Precinct Five as of June 10, 1968. Charles F. Brackett, 121 Grove Street, was moved up, and has accepted Town Meeting Membership in. Precinct Five, filling the vacancy caused by the resignation of ,Mr. Miller. Robert G. Hargrove, 5 Loring Road, resigned as a Town Meeting Member in Precinct Four as of June 21, 1968. Joseph A. Trani, 11 Slocum Road, was ploVed up, and has accepted Town Meeting Membership in Precinct Four, filling the vacancy caused by the resignation of Mr. Hargrove. 1 n 0