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