ANNUAL TOWN MEETING, MAY 9, 2016
Town Clerk Elizabeth Greendale opened the meeting and introduced Jacqueline Dellicker who was sworn in (below) as moderator for the evening. Ms. Dellicker is running for Moderator in the upcoming election.
ARTICLE 1. HEAR REPORTS OF THE BOARD OF SELECTMEN
Article 1 was approved.
Board of Selectmen Chairman Jay Marsden reported on some of the many things going on in town, including Senior Center renovations which will allow the Center to increase its nutritional programs, plans for the Senior Center parking lot are moving along, town offices are settled at the new building at 1750 Washington St. and renovations will begin soon, the plan for Flagg School remediation and demolition, the addition of ClearGov.com to allow townspeople to see just where their tax dollars are being used -- transparency. He reported that the Community Farm Advisory is up and running, planting and building at the farm on Rogers Road. Marsden acknowledged the good work of the Town Administrator Jeff Ritter's first year. Downtown Signalization has been much discussed in meetings and throughout town and will be voted on in Article 30 of the 2016 Town Warrant. And added that Medical Marijuana licenses the Selectmen permitted late last year are already providing some dollars back to the town.
COMMENTS: The Board of Selectmen will provide a report on activities of the Board since the last Annual Town Meeting on May 4, 2015. This is a standard article that allows reports commissioned by the Town to be heard.
ARTICLE 2. HEAR REPORT OF THE FINANCE COMMITTEE
Article 2 was approved.
Finance Committee members Suzanne Nersessian, Tim Maxwell, Beth Liberty, Bill Dowd, Dan Alfred, Michelle Zeamer and Chair Ken Szajda (l to r) have been working on town budget requests for many months.
Finance Committee Chairman Ken Szajda reinforced the Town's efforts at financial discipline and budget sustainability citing evidence of good results from good practice.
Above is the Finance Committee summation of the School budget.
Mr. Szajda estimates that local aid from the State for FY17 will be about $121,000 more than FY16. He again argued for the fiscal practice of using certified numbers for new growth which creates a lag in accessing the fund, but avoid other risks and expenses.
The Omnibus FY17 budget for the Town in Article 14, as recommended by the FinCom, leaves about $15,000 surplus.
COMMENTS: The Chairman of the Finance Committee will provide a report regarding the Town’s overall financial condition.
ARTICLE 3. AUTHORIZE TREASURER TO SELL FORECLOSED TAX TITLE
PROPERTIES
To see if the Town will vote to authorize the Town Treasurer, subject to the approval of the Selectmen, to sell property acquired through foreclosure of tax titles by the Town and other real estate, after first giving notice of the time and place of the sale by posting such notice of sale in some convenient place in the Town, by publishing such notice of such sale in a newspaper having general circulation in the Town and by posting such notice on a Holliston Cable Access Television (HCAT) bulletin board and on the Town’s website at least fourteen (14) days before the sale. The Treasurer shall also give notice of such sale to the Executive Director of the Holliston Housing Authority, the Chair of the Holliston Housing Trust and the Chair of the Holliston Housing Committee or its subsequent equivalent by first class letter at least forty-five (45) days before the sale. The Treasurer may hold a public auction and may reject any bid which she/he deems inadequate, and any such advertisement, notice or indication that real property is to be offered for sale by the Town of Holliston, or any department, commission, or other subdivision of the Town shall include the following statement: “Buyers should be aware that the Town of Holliston does not guarantee this property to be in conformity with existing zoning bylaws.”
Whenever the proceeds of the sale or other disposal of real estate, other than that acquired through tax title foreclosure, by the Town of Holliston exceed five hundred dollars, the same shall be applied to the payment of indebtedness incurred in acquiring such real estate or shall be added to the sinking fund, if any, from which said indebtedness is payable, or if no such indebtedness is outstanding will be applied to the Town’s Capital Expenditure Fund as established by Chapter 46 of the Acts of 1993. The proceeds of a sale in excess of five hundred dollars of any park land by the Town shall be used only by the Town for acquisition of land for park purposes or for capital improvements to park land; or take any action relative thereto. (Board of Selectmen)
COMMENTS: From time to time, the Treasurer/Collector takes personal property (mostly real estate) with the approval of the Land Court due to delinquency to make property tax payments. This article would allow the Treasurer/Collector to dispose of those properties.
Article 3 was approved unanimously.
ARTICLE 4. AMEND CONSOLIDATED PERSONNEL BY-LAW
SECTION 29, JOB CLASSIFICATION PLAN
To see if the Town will vote to amend the Consolidated Personnel By-law Section 29, Job Classification Plan, by reflecting those revisions, deletions and/or additions to be effective as of July 1, 2016; or take any action relative thereto. (Town Administrator)
SECTION 29, JOB CLASSIFICATION PLAN (Full time permanent positions)
POSITION GRADE POSITION GRADE
Administrative Assessor 400 Head Dispatcher 400
Assistant Clerk 200 Head of Circulation, Library 400
Assistant Director, Library 400 Library, Page 50
Assistant, Town Clerk 400 Matron, Police 100
Assistant, Treasurer/Collector 400 Outreach Manager 400
Cataloger, Library 300 Principal Clerk 300
Children’s Librarian 400 Program Coordinator 200
Clerk to a Board/Committee 100 Reference Librarian 400
Crossing Guard 100 Technician, Library 100
Custodian 100 Van Driver 100
Dispatcher 200
COMMENTS: This is a standard Article in that it places full-time and part-time employees into the Job Classification Plan based on paygrade and positon title. The Clerk of the Board or Committee has been added to the Job Classification Plan at Grade 100. This is not an additional new employee, it just puts the current position on the Classification Plan. These positions are typically temporary and part-time, hourly employees. For example, the position of Clerk to the Finance Committee and Clerk to the Community Preservation Committee are tasked to take their minutes. The Library Page position has been added to the Plan at Grade 50. There are currently three employees in the classification that have never been part of the Plan. The position is part-time and hourly. By adding the position to the Plan, it will allow the Pages to receive step increases. All other library personnel are part of the Plan and receive step increases on their anniversary date. The Program Coordinator has been added to the Plan at Grade 200. There is currently one person in the position. This is an hourly position at the Senior Center. By adding the above positions to the Plan, all non-union, town positions are now on the Job Classification Plan which will allow Department Heads to know exactly what a position is to be paid and allow for proper budgeting.
Article 4 was approved unanimously.
ARTICLE 5. AMEND CONSOLIDATED PERSONNEL BY-LAW
SECTION 30, JOB CLASSIFICATION PLAN
To see if the Town will vote to amend the Consolidated Personnel By-law Section 30, Job Compensation Plan, to reflect the rates listed below, and the inclusion of any new rates resulting from reevaluation or new or revised positions to be effective as of July 1, 2016; or take any action relative thereto. (Town Administrator)
SECTION 30, JOB COMPENSATION PLAN, PART I, SCHEDULE B, HOURLY RATES
GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7
----------- ---------- ---------- ---------- ---------- ---------- ---------- ----------
50 10.77 11.45 11.93 12.23 12.52 13.04 13.31
100 15.99 17.01 17.72 18.16 18.52 19.30 19.71
200 18.97 20.18 21.02 21.53 21.97 22.89 23.38
300 19.56 20.81 21.68 22.21 22.66 23.60 24.11
400 22.52 23.96 24.95 25.56 26.09 27.18 27.76
500 24.44 26.00 27.08 27.74 28.31 29.49 30.13
COMMENTS: This article will bring the Compensation Plan up-to-date reflecting a 2.5% cost of living adjustment.
Article 5 was approved unanimously.
ARTICLE 6. PAY UNPAID BILLS
To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money for unpaid bills from prior years; or take any action relative thereto. (Board of Selectmen)
Vendor Fiscal Year Amount Board
Kleinfelder 2015 $718.36 Selectmen
Cabot Risk Strategies 2015 $90.32 Selectmen
Total $808.68
COMMENTS: Occasionally, bills are not paid at the end of a fiscal year for a number of reasons. These may include late submission from a vendor or late submission for a Reserve Fund Transfer request to the Finance Committee by a Board, Committee, Commission or Department.
Kleinfelder: $718.26 is an outstanding bill received by the Town’s contracted vendor to provide monitoring reports at the former Marshall Street Landfill. The billing period is from 3/30/15 – 6/30/15.
Cabot Risk Strategies: $90.32 relates to a police officer injured on duty and payment of a deductible that was not billed by the Town’s provider, Cabot Risk Strategies.
Article 6 was approved unanimously.
ARTICLE 7. CURRENT FISCAL YEAR TRANSFERS
To see if the Town will vote to transfer from available funds a sum of money for the purpose of supplementing various accounts of the Town’s Fiscal Year 2016 annual operating budget, previously voted by the Town under Article 17, of the Warrant for the 2015 Annual Town Meeting and under Article 1, of the Warrant for the October 26, 2015 Special Town Meeting; or take any action relative thereto. (Board of Selectmen)
Department Amount
Police $39,000
Water $176,729
Total $215,729
COMMENTS: Police - The Board of Selectmen recently reached agreement with the Holliston Police Association, Local 160, MCOP. Some of the cost of this settlement has been absorbed within the FY16 Police Department operating budget. The amount above is the outstanding amount needed to balance the FY16 Police Department operating budget.
Water - The $176,729 is for Water Department benefit costs that were not voted at the May 4, 2015, Annual Town Meeting. The cost will be funded by Water Surplus.
Article 7 was approved unanimously.
ARTICLE 8. AUTHORIZE BOARD OF SELECTMEN TO SELL SURPLUS
EQUIPMENT
To see if the Town will vote to authorize the Board of Selectmen to hold a public auction for the purpose of disposing of surplus departmental equipment; or take any action relative thereto. (Board of Selectmen)
COMMENTS: This standard article allows the Town to sell used vehicles, equipment or other personal property.
Article 8 was approved unanimously.
ARTICLE 9. AUTHORIZATION TO EXPEND CHAPTER 90 (STATE AID FOR
HIGHWAYS PROGRAM)
To see if the Town will vote to authorize the Department of Public Works, with the approval of the Board of Selectmen, to use and expend sums received from the Commonwealth of Massachusetts as reimbursements under the Chapter 90 State Aid to Highways program for further construction, reconstruction and improvements, including surface treatments of approved public ways within the Town; or take any action relative thereto. (Board of Selectmen)
COMMENTS: Annually, the Commonwealth provides state assistance to cities and towns in support of road reconstruction and maintenance projects. Holliston is projected to receive $508,485 in FY17. This article would allow the Selectmen to receive and expend these funds.
Article 9 was approved unanimously.
ARTICLE 10. REAUTHORIZE REVOLVING ACCOUNTS FOR FISCAL YEAR
2017
To see if the Town will vote, under the provisions of Massachusetts General Laws Chapter 44, section 53E1/2, as amended, to reauthorize the following revolving accounts for fiscal year 2017:
1. a Wetlands Filing Fee revolving account into which shall be deposited receipts received as payment of filing fees for wetlands determinations and from which account expenditures for the costs of wetland determinations may be made from said account not to exceed $30,000;
2. a Council on Aging fee revolving account into which shall be deposited receipts received as payment of fees for the use of the Senior Center and from which account expenditures for Senior Center expenses may be made in an amount not to exceed $5,000;
3. a Composting Kit revolving account into which shall be deposited receipts received from the sale of composting kits and from which account expenditures for purchasing composting kits may be made in an amount not to exceed $3,000;
4. a Response and Recovery fee revolving account into which shall be deposited receipts received as payment of fees and reimbursements for response to natural and man-made emergencies and from which account expenditures for planning, response, recovery and mitigation efforts by Town departments may be made in an amount not to exceed $100,000;
5. an Abutter’s List fee revolving account into which shall be deposited receipts received as payment of fees for abutter’s lists and from which fund expenditures for preparing and issuing abutter’s lists, including technologies, may be made in an amount not to exceed $5,000;
6. a Building Inspection revolving account into which shall be deposited receipts received as payment of all fees received by the Building Inspection department for plumbing, gas and wiring permits and from which account expenditures reasonably related to inspectional services for plumbing, gas and wiring may be made in an amount not to exceed $100,000;
7. a Town Hall revolving account into which shall be deposited receipts received as payment of all fees for rental of the Town Hall facility and from which account expenditures reasonably related to maintaining the Town Hall for purposes of rental may be made in an amount not to exceed $25,000;
8. a Senior Center Van Services revolving account into which shall be deposited receipts received as payment of all fees, reimbursements and contracted receipts for use of the Senior Center van and transportation program and from which account expenditures reasonably related to maintaining the Senior Center van service and transportation program may be made in an amount not to exceed $10,000;
9. an Agricultural Commission programs revolving account into which shall be deposited receipts received as payment for all programs and activities of the Agricultural Commission and from which account expenditures reasonably related to the programs and activities of the Agricultural Commission may be made in an amount not to exceed $10,000;
10. a Sealer of Weights and Measures revolving account into which shall be deposited receipts received for Sealer of Weights and Measures services and from which account expenditures related to the services of the Sealer of Weights and Measures may be made in an amount not to exceed $5,000;
11. a Fluorescent Bulb recycling revolving account into which shall be deposited receipts received from recycling fluorescent bulbs and from which account expenditures for recycling fluorescent bulbs may be made in an amount not to exceed $3,000;
12. a Banner Revolving account into which shall be deposited receipts received as payment of fees for banners over Washington Street and from which account expenditures for placing the banners may be made in an amount not to exceed $5,000;
13. an Accident Fee revolving account into which shall be deposited receipts received as payment of fees for motor vehicle accident investigations and from which account expenditures for investigating motor vehicle accidents may be made in an amount not to exceed $5,000;
14. an Inoculation revolving account into which shall be deposited receipts received for reimbursement for inoculations and from which account expenditures for inoculations may be made in an amount not to exceed $20,000;
15. a Cost of Prosecution account into which shall be deposited receipts received as payment of fees for court imposed penalties and from which account expenditures for the costs of prosecution may be made in an amount not to exceed $30,000; and
16. a Nutrition revolving account into which shall be deposited receipts received for nutrition programs at the Senior Center and from which account expenditures for nutrition programs at the Senior Center may be made in an amount not to exceed $10,000;
17. a Pinecrest Golf Course revolving account into which shall be deposited receipts received for golf course and restaurant fees and from which account expenditures for debt payments and lease payments of the Pinecrest Golf Course may be made in an amount not to exceed $200,000;
18. a Technology Repair and Replenishment account into which shall be deposited receipts received for an optional insurance policy for families who have borrowed student technology under the care and custody of the School Committee and from which account expenditures for the costs of repair, replacement, and future replenishment may be made with the approval of the School Committee in an amount not to exceed $75,000;
provided that expenditures from said accounts shall require the approval of the Board of Selectmen (except for the School Committee) and expenditures in excess of the amounts stated shall require the approval of the Board of Selectmen and the Finance Committee; or take any action relative thereto. (Board of Selectmen)
COMMENTS: Over the years, several revolving accounts have been established, adopted and re-authorized by Town Meeting. This article authorizes continued use through the end of FY17. These accounts are funded through user fees and permits to provide services at no budgetary costs to the Town.
Motion to amend the Response and Recovery fee revolving account to an amount "not to exceed $25,000. was seconded and approved.
Town resident Doug Foss questions practice of voting these accounts as a group, rather than individually.
Article 10 was approved unanimously.
ARTICLE 11. PROPERTY TAX EXEMPTIONS
To see if the Town will vote to accept the provisions of Chapter 73 of the Acts of 1986, as amended by Chapter 126 of the Acts of 1988, authorizing the Board of Assessors to grant an increase of twenty percent (20%) to all exemptions from property taxes excluding those granted under clause 18 of section 5 of Chapter 59 of the Massachusetts General Laws for the fiscal year commencing July 1, 2016; or take any action relative thereto. (Board of Assessors)
COMMENTS: This is an annual article that provides for tax exemptions to assist elderly and other fixed income residents. With approval of this article at each Annual Town Meeting, certain residents may avail themselves of abatements, if the resident meets certain pre-determined qualifications.
Article 11 was approved unanimously.
ARTICLE 12. AMEND INTEREST RATE PER ANNUM
To see if the Town will vote to amend the interest rate per annum from 8% to 6% under the provisions of Massachusetts General Laws Chapter 59, Section 5, clause 41A, which regulates tax deferral for homeowners 65 years or older, pursuant to the authority contained in Chapter 136 of the Acts of 2005, thereby amending said clause 41A; or take any action relative thereto. (Board of Assessors).
COMMENTS: Residents who are 65 and older may take advantage of this option at an annual rate of 6%.
Article 12 was approved unanimously.
ARTICLE 13. AMEND INCOME REQUIREMENTS
To see if the Town will vote to accept the provisions of section 51 of Chapter 184 of the Acts of 2002, amending the income requirements under Massachusetts General Laws Chapter 59, section 5, clause 41C; or take any action relative thereto. (Board of Assessors)
COMMENTS: This would allow the Town to increase the statutory income requirements to $20,000 for single and $30,000 for married couples from $10,000-$12,000. The Article was originally adopted by the Town in 2006. This Article requires annual approval at Town Meeting.
Article 13 was approved unanimously.
ARTICLE 14. FISCAL YEAR 2017 BUDGET
To see what money the Town will vote to raise and appropriate or transfer from available funds to meet expenses and outlays to Town departments, salaries of Town Officers, sundry and miscellaneous but regular expenditures, for a Reserve Fund, Conservation Fund, Stabilization Fund, and to appoint trustees or caretakers or authorize the Selectmen to appoint caretakers of the cemeteries of the Town not otherwise provided for, for the ensuing year; or take any action relative thereto. (Finance Committee) (Omnibus Budget)
COMMENTS: See Report of the Finance Committee.
Member of the School Committee Budget Subcommittee Anne-Louise Hanstad asks Town Meeting to find a way to fill a $235,000 gap in the schools' needs, as listed below.
School Committee member Joan Sousa endorses the need, saying that these needs should not be met by taking resources out of the classroom.
The Omnibus budget in Article 14, as recommended by the Finance Committee, was approved unanimously.
ARTICLE 15. TRANSFER FROM AVAILABLE FUNDS A SUM OF MONEY
FOR THE CAPITAL EXPENDITURE FUND
To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money for the Capital Expenditure Fund; or take any action relative thereto. (Board of Selectmen)
COMMENTS: It has been the custom of the Town to annually transfer from reserves a sum of money to the Capital Expenditure Fund to be used at the October Special Town Meeting to fund capital expenditure requests.
Article 15 was approved.
ARTICLE 16. REPORT OF THE COMMUNITY PRESERVATION COMMITTEE
To see if the Town will vote to act on the report of the Community Preservation Committee on the fiscal year 2017 community preservation budget and to appropriate or reserve for later appropriation monies from Community Preservation Fund annual revenues or available funds for the administrative expenses of the Community Preservation Committee, the payment of debt service, the undertaking of community preservation projects and all other necessary and proper expenses for the year:
Reserves
Community Housing Reserve $ 60,450
Open Space Reserve $ 60,450
Historic Resources Reserve $ 60,450
Community Preservation Fund Budget Reserve $423,150
Appropriations
Park & Recreation for rehabilitation of courts at Stoddard Park $168,500
Administrative Functions to support the Committee $5,000;
or take any action relative thereto. (Community Preservation Committee)
Frank Chamberlain CPA purpose, examples of projects. 30% return on money. Two appropriations, Park and Rec rehabilitation of courts of Stoddard Park neglected, unusable for some years,
Both CPC Appropriations were approved: $168,500. for rehabilitation of tennis courts at, as amended, Patoma Park and $5,000 for administrative functions passed
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Town resident Charles Fernelli made a Motion to take out of order Article 30 on Downtown Traffic Signalization to let Article 30 be voted on before moving to a second night. The motion was seconded and submitted in writing. .
Selectman Jay Leary said that moving the Articles for the planning and zoning by-laws was made because of Attorney Mark Bobrowski was here to speak about legal arguments for the changes. Jay Marsden endorsed the reasoning for the order of the articles.
The Motion to take Article 30 out of order, a 2/3 vote required, was rejected by hand vote count of 205 to 2.
ARTICLE 17. CAPITAL EXPENDITURES
To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow a sum of money for the purpose of capital expenditures, including replacement and new vehicles and equipment, for the Schools, Police, Fire and Public Works departments, and authorize the Board of Selectmen to trade or sell used equipment toward part of the purchase price; or take any action relative thereto. (Board of Selectmen)
Department Item/Activity Estimated Cost
DPW 1 Utility Rack Body Truck $48,807
DPW Purchase and Install Gasoline Tank $245,000
Schools Chromebooks $125,000
Conservation Commission Dam Inspections & Improvements $28,000
Selectmen Senior Center Parking Lot $185,000
Selectmen Cart Path Improvements $30,000
Total $661,807
COMMENTS: The Town normally purchases capital items at the October Special Town Meeting. However, from time to time, departments need to purchase capital items in advance of that date, usually due to seasonal issues.
1 Utility Rack Body Truck: If approved, this Article would fund the replacement of an old utility truck which has exceeded its life expectancy.
Purchase and Install Gasoline Tank: The existing underground gasoline storage tank is a steel, single walled tank and it must be removed. This is pursuant by a directive from the Massachusetts Department of Environmental Protection.
Chromebooks: Teachers are delivering a modern, digitally-rich curriculum that fosters critical thinking, creativity, collaboration, and communication. Chromebooks are currently provided for each middle school student to use as a learning tool. This proposal would furnish two grades of students at Holliston High School with Chromebooks, as the first step in a two-year process to move the High School toward a similar 1:1 environment.
Dam Inspections & Improvements: The Office of Dam Safety has placed the Town on notice regarding needed repairs to several dams in Town. This article would start to address those concerns and help to bring the Town back into compliance.
Senior Center Parking Lot: The Senior Center Parking Lot project has been under consideration and discussion for several years. A bid was issued, the low bidder came in at $125,000. There are several related items and possible change orders that need to be funded including payment to the consulting engineer. For example, drainage and placing the above ground utility wires underground and installing more lighting in the parking lot.
Cart Path Improvements: The Golf Course Advisory Committee is looking for funds to improve the cart paths at the Golf Course.
Article 17 was approved.
ARTICLE 18. TRANSFER FROM AVAILABLE FUNDS A SUM OF MONEY
FOR THE STABILIZATION FUND
To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money for the Stabilization Fund; or take any action relative thereto. (Board of Selectmen)
COMMENTS: The Stabilization Fund is a long range financial planning tool in that the Town can lawfully set aside revenues and fund large unforeseen expenses. It is similar to a savings account.
Article 18 was indefinitely postponed.
ARTICLE 19. WATER MAIN DESIGN AND REPLACEMENT FOR MUDVILLE
AREA
To see if the Town will vote to appropriate from Water Surplus, Water Infrastructure Account, $43,000 for engineering design and tasks related to replacement of approximately 6,100 linear feet of water mains in the Mudville Area. The scope of this project includes new water mains, valves, hydrants, service connections and related work in Pleasant, Spring, School, Exchange, Mechanic and Union Streets; or take any action relative thereto. (Board of Selectmen)
COMMENTS: This project is part of the Town’s comprehensive water main replacement and upgrade program.
Liz Theiler asks why this can't be taken out of the water dept. budget. Jay Leary replied that the point of the Water Infrastructure Account was to create a fund for large water infrastructure projects.
DPW Director Sean Reese answered some questions about the Water Enterprise Fund and the Water Infrastructure fee.
Article 19 was approved.
ARTICLE 20. WATER MAIN DESIGN AND REPLACEMENT FOR SHAW
FARM ROAD AREA
To see if the town will vote to appropriate from Water Surplus, Water Infrastructure Account $39,000 for engineering design and tasks related to replacement of approximately 5,000 linear feet of water mains in the Shaw Farm Road area. The scope of this project includes new water mains, valves, hydrants, service connections and related work in Clark, Cold Spring and Shaw Farm Roads, Cynthia Circle, Appleyard Lane, Roberta Circle and Heritage Way; or to take any other action relative thereto. (Board of Selectmen)
COMMENTS: This project is part of the Town’s comprehensive water main replacement and upgrade program.
Article 20 was approved.
Town resident and ZBA Chair Henry Dellicker made a motion to move the order of articles to allow for Attorney Mark Bobrowski to be here to explain the 21, 22, 23 and 27 together. The Motion was seconded and submitted in writing, and approved by a hand vote count of 159 - 26.
ARTICLE 21. AMEND ZONING BY-LAW, SECTION I-C
To see if the Town will vote to amend the Zoning By-Law .
Article 21 was approved.
ARTICLE 22. REVISIONS TO ZONING BY-LAWS SECTION I-E
To see if the town will vote to make changes to Section I-E of the Zoning By-Laws:
Theresa Lamkin made a motion to delete "personal fitness center" from General Service Establishment definition.
ARTICLE 23. DELETE EXISITING SCHEDULE OF USE REGULATIONS IN SECTION III-A OF THE ZONING BY-LAWS.
Article 23 was approved.
ARTICLE 27. AMEND ZONING BY-LAWS, ADULT ENTERTAINMENT
ESTABLISHMENTS
To see if the town will vote to amend the Zoning By-Laws by making the following changes with regard to Adult Entertainment Establishments
Attorney Mark Bobrowski advocated for the changes to the by-laws to make things easier and clarify definitions. In Article 27 Mr. Bobrowski suggests a change that is to address and mitigate the secondary effects of Adult Entertainment Establishments. He noted that Adult Entertainment is and has been for a long time, free speech, but U.S. Supreme Court has allowed for secondary effects to restrict the placement to industrial area.
Town Planner Karen Sherman clarifies points from the current by-laws.
Liz Theiler addressed the meeting with a question which was beyond the scope of the current by-law change under discussion, stating that industrial area is not a closed area, stating that we should seek to further restrict the placement of adult entertainment establishments as do other towns. Mr. Bobrowski commented that it was not their intent to address anything else other than to align the by-law with constitutional viability.
Town resident Mark Schultz makes a point of order motion to move question.
Article 27 was approved.
Motion to adjourn at 11:11 passed. See you tonight.