Results of
Annual Town Meeting

May 24 at 7:30 p.m. at Machlan Auditorium

WARRANT FOR
ANNUAL TOWN MEETING
MAY 24, 1999
THE COMMONWEALTH OF MASSACHUSETTS

Worcester, ss.

To any of the Constables 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, in said Lancaster on Monday, the twenty-fourth 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.
Passed

ARTICLE 2
Board of Selectmen

To see if the Town will vote to fix the salary and compensation of certain elected officers of the Town for the Fiscal Year July 1, 1999 through June 30, 2000, as follows:
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 $18,187
as provided for under by M.G.L. c.41, '108, or act in any manner relating thereto. Recommended.
Passed

ARTICLE 3
Board of Selectmen
Finance Committee

To see if the Town will vote to amend the Personnel Bylaw Compensation Plan Wage and Salary Scale by increasing all amounts by 3% effective July 1, 1999 and substitute a new wage and salary scale reflecting that increase, a copy available for review in the Office of the Town Clerk, or act in any manner relating thereto. Recommended.
Passed

ARTICLE 4
Finance Committee

To see if the Town will vote to raise and appropriate, take from available funds, take from the Stabilization Fund, take from Overlay Reserve, or take from the Water Enterprise Fund, such sums of money as may be necessary to defray the expenses of the Town for the Fiscal Year July 1, 1999 through June 30, 2000, or act in any manner relating thereto. (Finance Committee's Recommendations available in the Offices of the Selectmen and Town Clerk and at Town Meeting).
Passed - town budget approved at $7,325,021, with override votes planned to fund $152,000 deficit in operating budget, $38,000 for a community development planner and $5,000 for a Senior Tax Rebate Program.

ARTICLE 5
Board of Selectmen

To see if the Town will vote to authorize the Collective Bargaining Agreement negotiated between the Board of Selectmen and AFSCME, Council 93, AFL-CIO, Local 1817, D.P.W. Employees, for the Agreement period beginning July 1, 1999; and further, to raise and appropriate a sum of money to the DPW Salaries & Wages and/or Expenses and to appropriate a sum of money from the Water Enterprise Fund to DPW- Water Division Salary & Wages and/or Operating Expenses, or act in any manner relating thereto. Recommendation from the floor.
Passed

ARTICLE 6
Board of Selectmen

To see if the Town will vote to raise and appropriate, take from available funds or from Overlay Reserve, the sum of $1,500 to be transferred to the Unemployment Compensation Fund, pursuant to M.G.L. c.40, '5E, or act in any manner relating thereto. Recommendation from the floor.
Passed

ARTICLE 7
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 2000, pursuant to M.G.L. c.44, '53F, or act in any manner relating thereto. Recommended.
Passed

ARTICLE 8
Board of Selectmen

To see if the Town will vote to authorize the following Revolving Funds in accordance with M.G.L. c.44, '53E2, or act in any manner relating thereto: Recommended.
Passed

1. Town Forest Revolving Fund: May be expended by the Town Forest Committee for improvements to the Town Forest. Receipts from the sale of Town Forest products and gifts shall be credited to the fund. Total expenditures from the fund shall not exceed $3,400.
2. Tax Title Account Revolving Fund: May be expended by the Collector-Treasurer on Tax Title Taking legal expenses. Payments from Tax Title receipts shall be credited to the fund. Total fund expenditures shall not exceed $30,000.
3. Veterans' Memorial Revolving Fund: May be expended by the Board of Selectmen on a new memorial for war veterans. Gifts and Town appropriations shall be credited to the fund. Total expenditures from the fund shall not exceed $50,000.
4. M.A.R.T. Revolving Fund: May be expended by the Council on Aging to operate the Senior van. MART reimbursements shall be credited to the fund. Total expenditures shall not exceed $34,000.
5. Council on Aging Revolving Fund: May be expended by the Council on Aging for printing and mailing the Senior Citizen newsletter and other activities which benefit the Town's senior citizens. Receipts from the sale of advertising in the Newsletter shall be credited to the fund. Total expenditures from the fund shall not exceed $4,000.
6. Planning Board Revolving Fund: May be expended by the Planning Board to defray expenses pertaining to hearings for special permits, flexible, rapid, or major residential development, disturbance control departure, shared or extended driveways, preliminary or definitive subdivision applications, site plan review and zoning amendments and changes. Monies received shall be credited to the fund. Total fund expenditures shall not exceed $50,000.
7. Recycling Revolving Fund: May be expended by the Recycling Committee to defray reasonable expenses. Gifts and the proceeds from the sale of recycled products shall be credited to the fund. Total expenditures from the fund shall not exceed $6,000.
8. Worker's Compensation Advance Revolving Fund: May be expended by the Board of Selectmen on advances to employees eligible for Worker's Compensation benefits. Reimbursements from the employee, upon receipt of the benefit check, shall be credited to the revolving fund. Total expenditures from the fund shall not exceed $5,000.
9. Publications Reprinting Revolving Fund: May be expended by the Town Clerk for reprinting of publications circulated for a fee. Receipts from the sale of publications shall be credited to the fund. Total fund expenditures shall not exceed $5,000.
10. Dog Licensing Revolving Fund: May be expended by the Town Clerk to compensate the Town Clerk or Assistant Town Clerk for licensing of dogs. One dollar and fifty cents from each dog license fee received shall be credited to the fund. Total expenditures from the fund shall not exceed $1,500.
11. Cross Connection Program Revolving Fund: May be expended by the Board of Public Works to defray the cost of implementing the cross connection program. Receipts from survey and inspection charges shall be credited to the fund. Total expenditures from the fund shall not exceed $5,000.
12. Library Book Fines Revolving Fund: May be expended by the Library Trustees on books and materials. Payments for overdue books, magazines and non-print materials shall be credited to the fund. Total fund expenditures shall not exceed $1,000.
13. Library Photocopier Fees Revolving Fund: May be expended by the Library Trustees to defray the expenses of leasing photocopier equipment and related supplies for the Library. Library patrons' fees for photocopying shall be credited to the fund. Total expenditures from the fund shall not exceed $1,000.
14. Library Building Revolving Fund: May be expended by the Library Trustees for the purpose of refurbishing the Library. Receipts from the sale of furnishings of and appurtenances to the Library Building shall be credited to the fund. Total expenditures from the fund shall not exceed $10,000.
15. Commission on Disability Revolving Fund: May be expended by the Commission on Disability for activities and programs that benefit persons with disabilities. Receipts from Commission activities and gifts shall be credited to the fund. Total expenditures from the fund shall not exceed $2,000.
16. Historical Commission Revolving Fund: May be expended by the Historical Commission for research and production costs, including wages, associated with historical and genealogical records research. Receipts from payments for research costs shall be credited to the fund. Total expenditures from the fund shall not exceed $5,000.
17. Sewer District Collection Revolving Fund: May be expended by the Collector-Treasurer and Selectmen for necessary operational expenses. Stipend from the Lancaster Sewer District shall be credited to the fund. Total expenditures from the fund shall not exceed $4,000.
 
 

ARTICLE 9
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 10
Board of Public Works

To see if the Town will vote to take a sum of money from available funds to be expended by the Board of Public Works for capital improvements on local roads, said funds to be 100% reimbursed by the Commonwealth of Massachusetts under the relevant Acts of 1998/1999 (Chapter 90) or act in any manner relating thereto. Recommended.
Passed

ARTICLE 11
Board of Public Works/Water Enterprise

To see if the Town will vote to appropriate $464,967 from the Water Enterprise Fund 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.
Passed with changes to eliminate Wages-Elected officials $1,500 and reduce revenues from user charges by $1,500

Water Enterprise Revenues:
User Charges $ 452,967
Connection Fees $ 2,000
Interest Income $ 10,000
Total Revenue/Available $ 464,967
Water Enterprise Fund Operating Expense:
Direct Cost: Appropriated
Wages - Labor Employees $ 95,892
Overtime - Labor Employees $ 10,561
Wages - Admin. Employees $ 41,627
3% Wage Increase for Administrative Employees $ 1,249
Total Employee Wages $ 149,329
Wages - Elected Officials $ 1,500
Total Wages $ 150,829
Operating Expenses $152,721 Reserve Fund $ 4,000
Debt Principal Expense $ 70,000
Debt Interest Expense $ 17,528
Total Direct Costs $244,249
Indirect Cost: Operating Transfer to Town
Insurance Premiums $ 19,184
Employee Benefits $ 12,523
Pension Costs $ 13,087 Other Insurance $ 1,000 Employees (Indirect) $ 9,095
Total Indirect Costs $ 54,889
Capital Outlay:
Capital Improvements $ 15,000
Equipment Replacement $ 0
Total Capital Outlay $ 15,000
Total Water Enterprise Fund
Operating Expenses: $464,967

ARTICLE 12
Board of Public Works/Water Enterprise

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.
Postponed to next Special Town Meeting
 


ARTICLE 13
Board of Public Works

To see if the Town will vote to authorize the trade-in of one (1) 1976 dump truck as partial payment to purchase one (1) new fully-equipped dump truck, or act in any manner relating thereto. Recommendation from the floor.
Postponed to next Special Town Meeting
 
 

ARTICLE 14
Board of Public Works

To see if the Town will vote to raise and appropriate, take from available funds, take from the Stabilization Fund, or borrow, the sum of $10,000 to be expended by the Board of Public Works for the purpose of replacing a failed culvert pipe under Mill Street near Carter Street, or act in any manner relating thereto. Recommendation from the floor. (Finance Committee not recommended)
Failed

ARTICLE 15
Board of Public Works

To see if the Town will vote to raise and appropriate, take from available funds or the Stabilization Fund, the sum of $1,000 to be expended by the Board of Public Works for the purpose of hiring Police Detail Officers when necessary for safety during road and tree projects, or act in any manner relating thereto. Recommendation from the floor. (Finance Commitee not recommended)
Failed

ARTICLE 16
Board of Health

To see if the Town will vote to appropriate the sum of $200,000 for the purpose of financing the following water pollution abatement facility projects: repair, replacement and/or upgrade of septic systems, pursuant to agreements with the Lancaster Board of Health and residential property owners, including without limitation, all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; that to meet this appropriation, the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $200,000 and issue bonds or notes therefore under G.L. Chapter 111, section 127B2 and/or Chapter 29C of the General laws; that project and financing costs shall be repaid by the property owners in accordance with those agreements, but such bonds or notes shall be general obligations of the Town of Lancaster; that the Treasurer with the approval of the Board of Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C, and in connection therewith to enter into a loan agreement and/or security agreement with the Trust, and otherwise contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the projects or for the financing thereof; and that the Board of Selectmen or other appropriate local body or official is authorized to enter into a project regulatory agreement with the Department of Environmental Protection to expend all funds available for the projects, and to take any other action necessary to carry out the projects, or act in any manner relating thereto. Recommendation from the floor.
Amended to $600,000
Passed

ARTICLE 17
Board of Selectmen

To see if the Town will vote to take from available funds or from Overlay Reserve, a sum of money to be expended by the Police Department to purchase replacement radios, or act in any manner relating thereto. Recommendation from the floor.
Sum of $3,500
Passed

ARTICLE 18
Board of Selectmen

To see if the Town will vote to take from available funds or from Overlay Reserve, a sum of money to be expended by the Board of Selectmen for a dedicated telecommunications line from the Communications Center to the Police Station, or act in any manner relating thereto. Recommendation from the floor.
Sum of $7,300
Passed

ARTICLE 19
Board of Selectmen

To see if the Town will vote to recommend to the Board of Selectmen to expend not more than One Million Five Hundred Thousand dollars ($1,500,000) from Prison Expansion Mitigation Grant Funds to design, construct and furnish a combined Police Station and Communications Center, or act in any manner relating thereto. Recommended.
Passed
Motion to reconsider failed

ARTICLE 20
Board of Selectmen

To see if the Town will vote to recommend to the Board of Selectmen to expend not more than One Hundred Eighty-eight Thousand Dollars ($188,000) from Prison Expansion Mitigation Grant Funds to renovate the South Lancaster Fire Station, or act in any manner relating thereto. Recommended.
Passed
Motion to reconsider failed
 


ARTICLE 21
Board of Selectmen

To see if the Town will vote to raise and appropriate, take from available funds, or from Overlay Reserve, a sum of money to be transferred to the Stabilization Fund, or act in any manner thereto. Recommendation from the floor.
Postponed indefinitely
 


ARTICLE 22
Board of Selectmen

To see if the Town will vote accept the provisions of M.G.L. Chapter 60, section 3D and establish an Elderly and Disabled Taxation Fund allowing the Town to place a check-off on property tax or motor vehicle excise bills in order to seek contributions to a special fund to assist low income elderly and disabled persons meet their property tax obligations, or act in any manner relating thereto. Recommended.
Passed

ARTICLE 23
Board of Selectmen

To see if the Town will vote to raise and appropriate, take from available funds or from Overlay Reserve, a sum of money to be expended by the Board of Selectmen for the purpose of establishing a Senior Tax Rebate Program, or act in any manner relating thereto. Recommendation from the floor.
$5,000, to be funded if a Proposition 2 1/2 override vote is successful

ARTICLE 24
Board of Selectmen

To see if the Town will vote to take $15,000 from available funds or Overlay Reserve to be expended by the Industrial Development Commission for the purpose of hiring a consultant for a Planning Charette, developing marketing strategies, and for related projects, or act in any manner relating thereto. Recommendation from the floor.
Postponed indefinitely

ARTICLE 25
Board of Selectmen

To see if the Town will vote to amend the Personnel By-law as follows, or act in any manner relating thereto:
By striking out section 5.2-2 in its entirety and inserting in its place the following:
5.2-2 Accrual of Vacation
Vacation leave shall be granted on a fiscal year basis (July 1 to June 30), based on the continuous service of an employee as of the beginning of a fiscal year in accordance with the following schedule:
(a) An employee in the continuous service of the Town for less than four and one-half (42) years of service as of July 1st shall be granted one (1) day of vacation for each five (5) weeks of service from the date of hire up to a maximum of ten (10) days.
(b) An employee having completed four and one-half (42) years of continuous service as of the beginning of a fiscal year shall be entitled to fifteen (15) days vacation with pay.
(c) An employee having completed nine and one-half (92) years of continuous service as of the beginning of a fiscal year shall be entitled to twenty (20) days vacation with pay.
(d) An employee having completed twenty (20) years of continuous service as of the beginning of a fiscal year shall be entitled to twenty-five (25) days vacation with pay.
Further, by striking out section 5.3-2 in its entirety and inserting in its place the following:
5.3-2 Sick Leave Accumulation
An employee who has completed thirty (30) days of service shall accumulate one (1) day of sick leave per month and thereafter, shall be allowed leave of thirteen (13) days of sick leave (for each year of service) amendned to "per year".
Further, by striking out section 5.4-2 and inserting in its place the following:
Emergency leave of up to four (4) days shall be granted by the department head to an employee for any work days missed due to the death of his/her father, mother, child, spouse, domestic partner, sister, brother, or parent-in-law.
Passed

ARTICLE 26
Board of Selectmen

To see if the Town will vote to adopt the following bylaw, or act in any manner relating thereto:
PROPERTY DISPOSAL - A Property Disposal Committee ("Committee") for the Town of Lancaster is hereby established. The Committee shall oversee the disposal of Town-owned property and assets including vehicles, equipment, furniture, fixtures, supplies, architectural elements, and printed materials older than 25 years including correspondence, working papers, maps, drawings and photographs.
If any department, board, commission or committee desires to dispose of an asset whose known value exceeds fifty dollars or is of indeterminate historical or educational value, said department, board, commission or committee shall submit a property disposal evaluation form to the Property Disposal Committee for review. The Committee shall, within a reasonable period of time, make a recommendation to the appropriate authority as to whether the asset should in fact be disposed of. If funds are available, the Committee may utilize the services of a professional consultant to assist in determining value or utility.
The Committee shall also be charged with establishing a comprehensive property inventory of all Town-owned property, including buildings, equipment, furniture, Town records, working papers, correspondence, maps and photographs.
The Committee shall keep records of its meetings and actions and shall file an annual report which shall be printed in the annual town report.
Said Committee shall consist of one member from each of the following boards, which member shall be nominated by said board and approved by the Board of Selectmen; Board of Selectmen or designee, Finance Committee and Historical Commission. Each member of said Committee shall serve for one year from the date of approval by the Selectmen.
The disposal of Town-owned property shall comply with the provisions of M.G.L. Chapter 30B ("Uniform Procurement Act") and M.G./L. Chapter 268A ("Conflict of Interest").
Passed

ARTICLE 27
Board of Selectmen

To see if the Town will vote to rescind the vote taken under Article 25 of the May 4, 1981 Annual Town Meeting and to adopt the following bylaw, or act in any manner relating thereto:

COUNCIL ON AGING

The Council on Aging shall coordinate or carry out programs designed to meet the problems of aging in coordination with programs of the Department of Elder Affairs
The Council on Aging shall keep records of its meetings and actions and shall file an annual report which shall be printed in the annual town report and a copy shall be submitted to the Department of Elder Affairs. The Council shall conduct at least ten meetings annually.
Said council shall consist of seven citizens appointed at-large by the Board of Selectmen and shall also include three ex-officio voting members who shall be the Chairpersons of the Board of Health, the Recreation Committee, and the Lancaster Housing Authority, or their designee. The terms of the first members of the Council shall be for one, two or three years, and so arranged that the term of not more than three of the members expires each year, and their successor shall be appointed for terms of three years each. Any member of said Council may, after a public hearing, be removed for cause by the Board of Selectmen. A vacancy occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as the original appointment. The Chairperson and other officers shall be chosen by a majority vote of said council members.
Passed

ARTICLE 28
Board of Selectmen

To see if the Town will vote to amend the Recreation Committee By-law, adopted under Article 22 of the June 12, 1995 Annual Town Meeting, by deleting SECTION II (f) and inserting the following: (f) overseeing the use and maintenance of Thayer Field; and (g) any other tasks delegated by the Town or Board of Selectmen; and further, to rescind the votes taken under Article 9 of the February 9, 1942 Annual Town Meeting and Article 22 of the February 11, 1946 Annual Town Meeting, or act in any manner relating thereto.
Passed

ARTICLE 29
Board of Selectmen

To see if the Town will vote to amend the Memorial Day Committee Bylaw, as voted under Article 23 of the June 12, 1995 Annual Town Meeting as follows, or act in any manner relating thereto: SECTION I. The Memorial Day Committee shall be comprised of nine members appointed annually by the Board of Selectmen. SECTION II. The Committee shall have charge and direction of the public Memorial Day exercises in the Town and shall administer the expenditure of funds appropriated by Town Meeting for such purpose, and any other tasks delegated by the Town or the Board of Selectmen.
Passed

ARTICLE 30
Board of Selectmen

To see if the Town will vote, subject to the provisions of M.G.L.A. c.40, '15, to authorize the Board of Selectmen to grant to the Lancaster Sewer District subterranean easements in all of the public ways within the Town of Lancaster in which sewers and appurtenant structures installed or constructed by the Lancaster Sewer District presently exist; as well as all public ways within the Town of Lancaster which are presently located within the geographical boundaries of the Lancaster Sewer District including the territory defined under Section 1 of Chapter 831 of the Acts of 1967, and further, including Old Common Road, George Hill Road, Sterling Road extension, Barnes Court, Brazao Lane, Carleton Place, Center Bridge Road, Creamery Road, Harvard Road, Main Street, Neck Road, Packard Street, Russell Lane, and Seven Bridge Road. The Selectmen are further authorized to convey said easements for an amount payable to the Town which shall be the cost incurred for the granting of said easements and under such terms and conditions as the Board of Selectmen deem necessary, or act in any manner relating thereto
Passed by vote of 65 to 19

ARTICLE 31
Board of Selectmen

To see if the Town will vote to accept Hemlock Drive as a public way, a roadway beginning at a point 330.25' southerly from the sideline of Fitch Road at a concrete bound and generally described on a plan entitled "Balsam Ridge in Lancaster, MA, prepared for Melanson Bros., Inc., Scale 1" = 40', dated January 12, 1996, by Seltec Engineering, Inc. and recorded at the Worcester Registry of Deeds in Plan Book 703, plan 19, a copy of which is on file in the Town Clerks' office; and further, to authorize the Board of Selectmen to accept any easements as a gift and to take any other action they deem to be in the best interest of the Town, or act in any manner relating thereto.
Postponed indefinitely

ARTICLE 32
Registered Voters Petition

To see if the citizens of the Town will amend the Lancaster Zoning By-Laws by creating a new provision within Article 14, entitled "SUBDIVISION LIMITATION," that would limit the number of lots for any proposed subdivision to a mazimum of twelve, and would read as follows:

14.40 SUBDIVISION LIMITATION
ANY SUBDIVISION PROPOSED FOR APPROVAL ON A PROPERTY OR A SET OF CONTINGUOUS PROPERTIES IN COMMON OWNERSHIP, SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLE 14.30 BUT SHALL NOT EXCEED THE MAXIMUM OF TWELVE LOTS. THE NUMBER OF LOTS CANNOT BE INCREASED BY APPEAL, VARIANCE OR SPECIAL PERMIT. OR TO 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).

Postponed indefinitely
 


ARTICLE 33
Registered Voters Petition

Amend the Lancaster Zoning Bylaw by adding the following new section:

4.24 Setback for soccer fields: No soccer field or associated parking area shall be closer than 150 feet from the lot line of a property with a residential dwelling unit.

-Amendment added to allow for special permit and grandfathering existing fields

(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).

Passed by vote of 70 to 6 (two-thirds vote required)
 
 

ARTICLE 34
Registered Voters Petition

TO SEE IF THE TOWN WILL VOTE TO DISCONTINUE IT'S PARTICIPATION IN THE NASHOBA HEALTH DISTRICT, 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
 


ARTICLE 35
Registered Voters Petition

TO SEE IF THE TOWN WILL VOTE TO DISCONTINUE IT'S PARTICIPATION IN THE NASHOBA NURSING SERVICE, 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

ARTICLE 36
Registered Voters Petition

Part I
To see if the Town will vote to mandate, decree and require the Lancaster Board of Selectmen and the Lancaster Historical Commission to return the book commonly called the Lancaster Almshouse Register, being the same book lent to the Lancaster Historical Commission by Mr. John C. Schumacher-Hardy on or about Feb. 9, 1993, to Mr. John C. Schumacher-Hardy within a grace period not to exceed sixty days from the time of this vote. A yes vote being for the return of the said book, hereinafter referred to as "the Register," within sixty days of the time of this vote.
Part IIA
If a yes vote prevails for Part I, To see if the Town will further mandate, decree, require, proclaim and/or declare the following additional actions, conditions and clarifications to assist with the implementation of Part I, recognizing that certain concerns and objections may be raised by entities opposed to said action of "the Register" being returned to Mr. John C. Schumacher-Hardy. A yes vote being for the binding endorsement of the following mandates, decrees, conditions, actions, requirements, proclamations and/or declarations:
1) We, the Lancaster voters, require that before the expiration of the above mentioned sixty day grace period, at which time's end "the Register" must be returned to Mr. Schumacher-Hardy, not less than two microfilm/fiche copies of "the Register" are to be made by the Town of Lancaster; one of which shall be kept in the Town Clerk's fireproof vault and the other shall be kept at the Lancaster Public Library and made available to the general public. These said microfilm/fiche copies must be made compliant to the same specifications outlined under Mass G.L. c.66, Section 8 (most recent addition), however, the requirement of meeting this particular standard should not be construed to mean this action renders any acknowledgement for or against "the Register" being, ever having been or ever being in the future a "public record," as defined by Massachusetts law.
2) In case there is ever any question/doubt as to whether or not Mr. Schumacher-Hardy has legal right to the personal possession of "the Register," we further declare and decree by this vote that if it ever could be or is determined that "the Register" is, was or ever shall be a "public record," as defined by Massachusetts law, then we, the Lancaster voters, further declare, mandate and proclaim that Mr. Schumacher-Hardy and his legal heirs who come into possession of "the Register" shall henceforth and perpetually be entitled "Special Custodian/s of the Lancaster Almshouse Register Book, c1901-c1944" and, as such, have right to the physical, personal and unrestricted possession of the original book, and share honorary supervision of the microfilm/fiche copies of the same maintained in the Town Clerk's vault and at the Town Library. Mr. Schumacher-Hardy and his legal heirs who come into possession of "the Register" shall never be required to sign any contractual agreement with the Town of Lancaster that acknowledges anything further than his/their acceptance of this title. Nor shall Mr. Schumacher-Hardy or his legal heirs be required to post bond for or be restricted in any manner by the Town of Lancaster concerning the personal possession of the same original book commonly called "the Register."
3) We, the Lancaster Voters, further declare, decree and demand that any use of Town Councel or any other attorneys of law or any legal agencies utilized, contracted or employed by the Lancaster Board of Selectmen or any of it's committees to review and/or implement any or all of the actions taken in Part I, Part IIA or Part IIB of this Article shall be used only to represent the interests of the Lancaster voters' decisions concerning this Article and shall not be used to attempt to undermine, thwart or oppose the wishes of the Lancaster voters as they voted herein upon these matters.
4) We, the Lancaster Voters, further declare, decree and demand that should the Board of Selectmen, or any of its committees (including the Lancaster Historical Commission) approach, inquire or engage on behalf of the Town of Lancaster with any State or Federal agency/ies concerning the decisions reached herein by the Lancaster voters, they are required to do so only in representing the interests of the Lancaster voters' decisions concerning this Article and shall not do so to attempt to undermine, thwart or oppose the wishes of the Lancaster voters as they voted herein upon these matters.
Part IIB
If a no vote prevails for Part I, to see if the Town will mandate and require the transfer of the storage of the same afore mentioned book, commonly called the Lancaster Almshouse Register, from its current storage location to the Town Clerk's fireproof vault within the next seven days, where it is to remain until any further legal and/or Annual Town Meeting decisions requires it to be stored otherwise. A yes vote being for the transfer of the storage of the said book to the Town Clerk's fireproof vault in within seven days from the time of this vote.

(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).
Part 1: Failed by vote of 42 to 38
Part 2B: Failed by vote of 43 to 39
 

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

Nathaniel T. Dexter, Chairman
Alexandra W. Turner, Clerk
Stephen J. Kerrigan, Member