Annual Town Meeting 2000 warrant

Annual Town Meeting

May 1, 2000

WARRANT FOR
ANNUAL TOWN MEETING
MAY 1, 2000
THE COMMONWEALTH OF MASSACHUSETTS

Worcester, ss.

To any Constable of the Town of Lancaster in the County of Worcester,

GREETINGS:

In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of the Town of Lancaster qualified to vote in the elections and Town affairs, to meet at the Machlan Auditorium, Atlantic Union College, Main Street, in said Lancaster on Monday, the first day of May, at 7:30 o'clock in the evening, then and there to act on the following Articles:

ARTICLE 1
Board of Selectmen

To hear the annual report of the Board of Selectmen and to act thereon.

ARTICLE 2
Board of Selectmen

To see if the Town will vote to fix the salary and compensation of the following elected officers of the Town for the Fiscal Year July 1, 2000 through June 30, 2001, as provided for under by M.G.L. c.41, §108, or act in any manner relating thereto. Recommendation from the floor.

Board of Assessors $14,068
Board of Health   $     813 per member
Board of Public Works $     500 per member
Board of Selectmen $     957 per member
Town Clerk   $15,809

Passed

ARTICLE 3
Board of Selectmen
Finance Committee

To see if the Town will vote to amend the Personnel Compensation Plan Wage and Salary Scale by increasing all amounts by a certain percentage effective July 1, 2000 and to substitute a new wage and salary scale reflecting that increase, or act in any manner relating thereto. Recommendation from the floor.
Indefinitely postponed

ARTICLE 4
Finance Committee

To see if the Town will vote to raise and appropriate($7,856,162), take from available funds, take from Overlay Reserve, take from the Stabilization Fund, or take from the Water Enterprise Fund ($54,889), such sums of money as may be necessary to defray the expenses of the Town for the Fiscal Year July 1, 2000 through June 30, 2001, or act in any manner relating thereto. (Finance Committee's Recommendations will be available for review in the Offices of the Board of Selectmen and Town Clerk not less than seven days prior to the Town Meeting).
Passed - Total town budget of $7,911,051
Notes: Added $5,000 to Accountant's salary; adjusted in 73-66 vote Nashoba Regional School District amount $4,492,778 (a decrease of $208,265 in the original increase of $474,431), a figure that must also be addressed in Bolton and/or Stow to reault in an adjustment to the regional budget.

ARTICLE 5
Board of Selectmen

To see if the Town will vote to raise and appropriate, take from available funds, or take from the Stabilization Fund, such sums of money to be transferred to Communications Department Salary and Wages and/or Expenses for the purpose of implementing the Collective Bargaining Agreement negotiated between the Town of Lancaster and the Massachusetts Coalition of Police, Local 203A - Lancaster Dispatchers Union for a contract period beginning July 1, 2000, or act in any manner relating thereto. Recommendation from the floor.
Indefinitely postponed

ARTICLE 6
Board of Selectmen

To see if the Town will vote to raise and appropriate, take from available funds, or take from the Stabilization Fund, such sums of money to be transferred to Police Department Salary and Wages and/or Expenses for the purpose of implementing the Collective Bargaining Agreement negotiated between the Town of Lancaster and the Massachusetts Coalition of Police, Local 203 - Lancaster Police Officers for a contract period beginning July 1, 2000, or act in any manner relating thereto. Recommendation from the floor.
Indefinitely postponed

ARTICLE 7
Board of Selectmen

To see if the Town will vote to raise and appropriate, take from available funds, or take from the Stabilization Fund, such sums of money to be transferred to Department of Public Works Salary and Wages and/or Expenses, and further, to transfer from the Water Enterprise Available Funds such sums of money to DPW - Water Division Salary & Wages and/or Expenses for the purpose of implementing the Collective Bargaining Agreement negotiated between the Town of Lancaster and the American Federation of State, County and Municipal Employees, Council 93, Local 1817-Lancaster Public Works Employees Union for the contract period beginning July 1, 2000, or act in any manner relating thereto. Recommendation from the floor.
Indefinitely postponed

ARTICLE 8
Board of Selectmen

To see if the Town will vote to authorize the Collector-Treasurer to enter into a Compensating Balance Agreement(s) for Fiscal Year 2001, pursuant to M.G.L. c.44, §53F, or act in any manner relating thereto. Recommended.
Passed

ARTICLE 9
Board of Selectmen

To see if the Town will vote to authorize the following Revolving Funds in accordance with M.G.L. c.44, §53E½, or act in any manner relating thereto: Recommended.

REVOLVING AUTHORIZED TO REVENUE USE OF SPENDING DISPOSITION OF
FUND SPEND FUND SOURCE FUND LIMIT FY00 FUND BALANCE
Council on Aging Council on Aging Senior Newsletter Newsletter printing/ $4,000 Balance Available
Advertising mailing; other activities for Expenditure
Cross Connection Board of Public Survey/Inspection Cross Connection $5,000 Balance Available
Program Works/Water Ent. Fees Program Expenses for Expenditure
Disability Disability Activities and Activities and Programs $2,000 Balance Available
Commission Commission Donations for Disabled persons for Expenditure
Historical Historical Research fees & Research-related wages $5,000 Balance Available
Commission Commission other charges and expenses for Expenditure
Library Book Fines Library Trustees Late Book & Books - Materials $1,000 Balance Available
Materials Fines   for Expenditure
Library Building Library Trustees Appurtenances & Library Building $10,000 Balance Available
furnishings sales Refurbishment for Expenditure
Library Photocopy Library Trustees Patron photocopy Photocopy equipment $1,000 Balance Available
fees and supplies for Expenditure
M.A.R.T. Council on Aging Reimbursement - Wages and Expenses   $34,000 Balance Available
M.A.R.T/Bus fees for Senior Van operation for Expenditure
Planning Board Planning Board Fees Planning-related $50,000 Balance Available
   expenses for Expenditure
Publications Town Clerk Publications Fees Publications reprinting $5,000 Balance Available
Reprinting   expenses for Expenditure
Recycling Recycling Donations - Fees - Operating Expenses $6,000 Balance Available
Committee Sale of products   for Expenditure
Sewer District Collector-Treasurer Lancaster Sewer Collector-Treasurer $4,000 Balance Available
Collection and Selectmen District payment Operational Expenses for Expenditure
Tax Title Account Collector-Treasurer Interest/Approp. Tax Title Taking Legal $30,000 Balance Available
Other Payments expenses for Expenditure
Town Clerk Town Clerk Dog License Fees Compensation to Town $1,500 Balance Available
   Clerk ($1.50/license) for Expenditure
Town Forest Town Forest Committee Gifts and sale of forest products Town Forest improvements $3,400 Balance Available
for Expenditure

Veterans' Memorial Selectmen Appropriations War Veterans' Memorial $50,000 Balance Available
and gifts for Expenditure
Workers Comp. Advance Selectmen Reimbursements/ Appropriations Advance to employees on workers compensation $5,000 Balance Available
for Expenditure

Passed

ARTICLE 10
Board of Public Works

To see if the Town will vote to accept any Highway, Tree, or Water funds from State, County, or Federal agencies and to authorize the Collector-Treasurer to borrow monies in anticipation of reimbursements for repairs to highways, roads, culverts, bridges, installation of water mains and planting of new trees, to be expended by the Board of Public Works, or act in any manner relating thereto. Recommended.
Passed

ARTICLE 11
Board of Public Works
Water Enterprise Fund

To see if the Town will vote to appropriate $452,000 from the Water Enterprise Fund and take $31,783 from Water Enterprise Available Funds to fund the operation of the Water Department for the fiscal year beginning July 1, 2000 (detail below), or act in any manner relating thereto. Recommendation from the floor.

I. Water Enterprise Revenues:
      User Charges 440,000
      Connection Fees 2,000
      Water Enterprise Available Funds 31,783
      Investment Income 10,000
Total Revenues 483,783

II. Costs Appropriated in the Enterprise Fund
      Salaries and Wages 143,565
      Expenses 152,721
      Capital Outlay - Equipment 30,000
      Capital Outlay - Improvements 15,000
      Reserve Fund 4,000
      Debt Principal and Interest 83,608
      Cross Connection -
Total Costs Appropriated in E.F. 428,894

III. Costs Appropriated in General Fund to be Charged to Enterprise Fund
      Health Insurance 19,184
      Pensions 13,087
      Shared Employees 9,095
      Other - Employee Benefits 12,523
      Other - Insurance Premiums 1,000
Total Costs Appropriated in G.F. 54,889

Total Costs 483,783
Passed

ARTICLE 12
Board of Public Works
Water Enterprise Fund

To see if the Town will vote to take $200,000 from Water Enterprise Available Funds to be expended by the Board of Public Works for capital improvements, or act in any manner relating thereto. Recommendation from the floor.
Indefinitely postponed

ARTICLE 13
Board of Public Works

To see if the Town will vote to take $250,000 from available funds to be expended by the Board of Public Works and Board of Selectmen for capital improvements to local roads and other authorized projects, said "Chapter 90" funds to be reimbursed by the Commonwealth of Massachusetts under the relevant Acts of 2000, or act in any manner relating thereto. Recommendation from the floor.
Passed

ARTICLE 14
Board of Assessors

To see if the Town will vote to raise and appropriate, take from available funds, take from Overlay Reserve, or take from the Stabilization Fund, the sum of $10,000 to be expended by the Board of Assessors to revalue and equalize all real estate and personal property in the Town of Lancaster as required by law, or act in any manner relating thereto. Recommendation from the floor.
Passed

ARTICLE 15
Board of Selectmen

To see if the Town will vote to raise and appropriate ($97,534), take from available funds ($60,000), or take from Overlay Reserve ($20,285), a sum of money to be transferred to the Stabilization Fund, or act in any manner relating thereto. Recommendation from the floor.
Passed

ARTICLE 16
Board of Selectmen
Town Clerk

To see if the Town will vote to amend the Dog Regulation By-law, adopted under Article 22 of the May 6, 1985 Annual Town Meeting and further amended under Article 53 of the June 10, 1991 Annual Town Meeting, as follows, or act in any manner relating thereto:

Section 4. Dog License Fees. The annual fees for the issuance of dog licenses shall be $14.00 for unspayed/unneutered dogs and $10.00 for spayed/neutered dogs.
Passed

ARTICLE 17
Board of Selectmen

To see if the Town will vote to amend the BY-LAWS OF THE TOWN OF LANCASTER (Adopted June 22, 1918 and Amended March 17, 1919) by deleting in its entirety Article VI. Hawkers and Peddlers and inserting thereof the following, or act in any manner relating thereto:

ARTICLE VI. HAWKERS, PEDDLERS AND TRANSIENT VENDORS

Section 1. For the purpose of this regulation, the definition of hawkers, peddlers, and transient vendors shall be the same definitions as those contained in Chapter 101 of the Massachusetts General Laws.

Section 2. No person shall hawk, peddle, or barter any goods or merchandise within the limits of the Town of Lancaster, except as authorized by law, without first obtaining a license to do so from the Board of Selectmen, upon payment of a license fee, said fee to be in conformity with Chapter 101 of Massachusetts General Laws. This requirement shall not apply to any hawking or peddling of newspapers, religious publications, ice, flowering plants, and wild fruits, nuts and berries.

Section 3. The sale by hawkers and peddlers of jewelry, furs, wines, or spiritous liquors, small artificial flowers or miniature flags is prohibited.

Section 4. Any person licensed under this regulation shall keep said license in his/her possession which shall be readily available for display. The license shall indicate the license number, and shall include the Licensee's signature and date of the license expiration. The Licensee shall display such license when requested to do so by any officer of the Police Department or the Health Agent.

Section 5. No person licensed under this by-law shall conduct business in such a manner as would impede foot or vehicular traffic along or to a public way or public street or public sidewalk or access road or driveway.

Section 6. All hawkers and peddlers shall have adequate trash control.

Section 7. Vehicles utilized for the selling of frozen desserts or confections must have installed on said vehicle an amber flashing light visible from the front and rear of the vehicle and such light must be flashing when the vehicle is stopped for the purpose of transacting business.

Section 8. People doing business as transient vendors may conduct their trade only on property that is business zoned. Prior to commencing business, the transient vendor shall submit to the licensing authority a signed and notarized statement from the property owner granting permission to the vendor to use the property.

Section 9. Failure to comply with this regulation may result in suspension or revocation of licenses and/or permits granted hereunder. In addition, a penalty of twenty dollars for each offense may be assessed.
Passed

ARTICLE 18
Board of Selectmen

To see if the Town will vote to authorize the Board of Selectmen, subject to the provisions of Massachusetts General Laws Chapter 40, §15, to grant to the Lancaster Sewer District subterranean easements, both permanent and temporary, for the purpose of laying, constructing, installing, erecting, operating, maintaining, testing, inspecting, replacing, altering and removing gravity sewer lines, pump stations and force mains, together with necessary equipment, pipes, conduits, service connections, manholes and handholds, and with any other equipment deemed appropriate by said Sewer Commission, upon, under, over and across land located in layouts as shown on plans on file in the Office of the Sewer Commissioners at 226 Main Street, Lancaster, Massachusetts and also in the Office of the Lancaster Town Clerk in the Lancaster Town Hall, 695 Main Street, Lancaster, Massachusetts entitled "Cross-Country Easement Plan of Land in Lancaster", prepared for the Lancaster Sewer District, dated March 3, 2000, by Whitman & Bingham Associates, Registered Professional Engineers & Land Surveyors, 510 Mechanic Street, Leominster, MA 01453, consisting of two (2) sheets in which the proposed easements are labeled on these plans as "Easement A", "Easement J", and a plan entitled, "Main Street Sewer Pump Station Plan of Land in Lancaster", prepared for the Lancaster Sewer District, dated August 5, 1999, by Whitman & Bingham Associates, Registered Professional Engineers & Land Surveyors, 510 Mechanic Street, Leominster, MA 01453, consisting of one (1) sheet in which the proposed easement is labeled "Temporary Construction Easement", or act in any manner relating thereto.
Passed

ARTICLE 19
Board of Selectmen

To see if the Town of Lancaster will vote to authorize the Board of Selectmen, subject to the provisions of Massachusetts General Laws Chapter 40, §15, to convey to the Lancaster Sewer District a parcel of land labeled "Parcel A", as shown on a plan of land on file in the Office of the Sewer Commissioners at 226 Main Street, Lancaster, Massachusetts and also in the Office of the Lancaster Town Clerk in the Lancaster Town Hall, 695 Main Street, Lancaster, Massachusetts entitled, "Main Street Sewer Pump Station Plan of Land in Lancaster", prepared for the Lancaster Sewer District, dated March 3, 2000, by Whitman & Bingham Associates, Registered Professional Engineers & Land Surveyors, 510 Mechanic Street, Leominster, MA 01453, consisting of one (1) sheet, or act in any manner relating thereto.
Passed

ARTICLE 20
Nashoba Regional School District Committee

To see if the Town will vote to authorize the Nashoba Regional School District Committee, on its behalf, to petition the Great and General Court of the Commonwealth to enact special legislation relative to the composition and election of the Nashoba Regional School District Committee substantially as follows, or act in any manner relating thereto:

Section 1. Notwithstanding any general or special law to the contrary, the Nashoba Regional School District Agreement shall be amended by deleting therefrom the current Section 1(A) and inserting in its place the following:

Section 1(A) The powers and duties of the Regional School District shall be vested in and exercised by a Regional School District Committee sometimes referred to as the Committee. The Committee shall consist of eight (8) members, three (3) from the Town of Lancaster, three (3) from the Town of Stow, and two (2) from the Town of Bolton. Such Committee shall be elected at the 2001 annual election of each town as follows: Bolton: Two (2) members to be elected, one (1) for a term of three (3) years and one (1) for a term of two (2) years; Lancaster: Three (3) members to be elected, one (1) for a term of one (1) year, one (1) for a term of two (2) years, and one (1) for a term of three (3) years; Stow: Three (3) members to be elected, one (1) for a term of one (1) year, one (1) for a term of two (2) years, and one (1) for a term of three (3) years; At the expiration of each term set forth above each town will elect a member for a term of three (3) years.

Upon the election of the school committee members in the 2001 annual election of each town as provided above, the office of the existing school committee members from that town shall terminate.

Section 2. This Act shall take effect upon its passage.
Passed 49-40 (requires passage in both Bolton and Stow to gain Legislative action)

ARTICLE 21
Registered Voters Petition

TO SEE OF THE TOWN WILL VOTE TO DELETE AND REMOVE ARTICLE 4.60 (FLEXABLE DEVELOPMENT) FROM THE TOWN OF LANCASTER ZONING BY-LAWS IN ITS ENTIRETY, INCLUDING ARTICLES 4.61, 4.62 AND 4.63 OF SAID ARTICLE, OR ACT IN ANY MANNER RELATING THERETO.

(This Article appears on the Warrant as the result of a registered voters petition submitted to the Board of Selectmen, pursuant to M.G.L. c. 39, ?10. The Article is reproduced exactly as drafted on the original Petition and appears on the Warrant in the order in which it was received).
Failed for lack of Second

ARTICLE 22
Registered Voters Petition

TO SEE OF THE TOWN WILL VOTE TO DELETE AND REMOVE ARTICLE 14.10(c) FROM THE TOWN OF LANCASTER ZONING BY-LAWS (THE SO-CALLED "RAPID DEVELOPMENT" BY-LAW), OR ACT IN ANY MANNER RELATING THERETO.

ARTICLE 23
Registered Voters Petition

TO SEE OF THE TOWN WILL VOTE TO DELETE AND REMOVE ARTICLE 14.30 FROM THE TOWN OF LANCASTER ZONING BY-LAWS (THE SO-CALLED "MAJOR RESIDENTIAL DEVELOPMENT" BY-LAW), OR ACT IN ANY MANNER RELATING THERETO.

To hear the report of any outstanding committees and to act thereon.

To choose any committee or committees that may be thought necessary.

And you are directed to serve this Warrant by posting up attested copies thereof at the South Lancaster Post Office, the Center Post Office, the Brick Meeting House and the Town Hall, in said Town seven days at least before the time for holding said meeting. Hereof fail not and make due return of the Warrant with your doings thereon to the Town Clerk at the time and place of meeting aforesaid.

SELECTMEN OF LANCASTER

Alexandra W. Turner, Chairman
Stephen J. Kerrigan, Clerk
James J. Ford, Jr., Member