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Commonwealth of Massachusetts
BERKSHIRE, SS.
To One of the Constables of the Town of Lenox:
GREETING:
In the name of the Commonwealth of Massachusetts you are hereby directed to notify and warn the inhabitants of the Town of Lenox qualified to vote in town affairs, to meet in the
Lenox Memorial Middle High School in said Lenox, on Thursday, May 1, 2008
at 7:00 o'clock p.m., then and there to act upon the following:
ARTICLE 1. To authorize the Selectmen to choose all Minor Town Officers to wit: Field Drivers,
Pound Keepers, Fence Viewers, Surveyors of Lumber, Wood and Bark, Sextons and Sealer of Weights and Measures.
ARTICLE 2. To see if the Town will vote to fix the salary and compensation to be paid to the
elected officials as provided by Chapter 41, Section 108 of the General Laws, effective July 1, 2008; or take any other action in relation thereto.
ARTICLE 3. To see whether the Town will authorize the Treasurer to enter into a compensating
balance agreement or agreements for Fiscal Year 2009 pursuant to Chapter 44, Section 53F of the General Laws; or take any other action in relation thereto.
ARTICLE 4. To see if the Town will vote to raise and appropriate or transfer from available funds in the treasury, money for the operating expenses of the Town for Fiscal Year 2009 as follows; or take any other action in relation thereto.
APPROVED BY BOARD OF SELECTMEN
APPROVED BY FINANCE COMMITTEE
*Contains $1,246,954 for debt service and $51,089 for insurance & bonds attributable to the School Department. (Assumes approval of New Bond in Article 22.)
**Employee and Retiree benefit costs are incorporated into Department totals.
ARTICLE 5. To see if the Town will vote to raise and appropriate the sum of $10,187,484
($8,141,996 net operating plus $2,045,488 in benefit costs) for the school department's operating budget for the fiscal year beginning July 1, 2008 and ending June 30, 2009 (gross operating budget of $11,172,984 less $985,500 in tuition and other receipts); or take any other action in relation thereto.
NOT APPROVED BY BOARD OF SELECTMEN NOT APPROVED BY FINANCE COMMITTEE APPROVED BY SCHOOL COMMITTEE.
NOTE: In an effort toward true cost accounting, benefit costs are by department. In addition, Article 4 contains $1,246,954 for school debt service and $51,089 for school insurance Et bonds, bringing the grand total for
the School Department to $12,471,027.
ARTICLE 6. To see if the Town will vote to transfer the sum of $48,484 from Water Enterprise
Fund Retained Earnings; to appropriate from the Fiscal. Year 2009 receipts of the Water Department, the sum of $1,292,424 for the operation, debt service and capital expenses of the Water Department for Fiscal Year 2009; or take any other action in relation thereto.
Water Operations $518,225
Debt Service $563,683 (assumes approval of New Bond in Art. 20)
3, Capital Expenditures $259,000
APPROVED BY BOARD OF SELECTMEN APPROVED BY FINANCE COMMITTEE APPROVED BY CIC
ARTICLE 7. To see if the Town will vote to appropriate from the Fiscal Year 2009 receipts of the
Sewer Department, the sum of $1,014,141 for the operation, debt service and capital expenses of the Sewer Department for Fiscal Year 2009; or take any other action in relation thereto.
Sewer Operations $704,306
Debt Service $239,335 (assumes approval of New Bond in Art. 21)
3. Capital Expenditures $ 70,500
APPROVED BY BOARD OF SELECTMEN APPROVED BY FINANCE COMMITTEE APPROVED BY CIC
ARTICLE 8. To see if the Town will vote to appropriate from the Fiscal Year 2009 receipts of the Ambulance Squad, the sum of $305,906 for the operation of the Ambulance Squad for Fiscal Year 2009; or take any other action in relation thereto.
APPROVED BY BOARD OF SELECTMEN APPROVED BY FINANCE COMMITTEE
ARTICLE 9. To see if the Town will vote to raise and appropriate the sum of $241,452 for library services to be provided by the Lenox Library Association; or take any other action in relation thereto.
APPROVED BY BOARD OF SELECTMEN APPROVED BY FINANCE COMMITTEE
APPROVED BY BOARD OF SELECTMEN APPROVED BY FINANCE COMMITTEE APPROVED BY CIC
ARTICLE 11. To see if the Town will vote to raise and appropriate or transfer from the Town's
Undesignated Fund Balance or other available funds, the sum of $125,000 to the Fire Engine Special Stabilization Fund; or take any other action in relation thereto.
APPROVED BY BOARD OF SELECTMEN APPROVED BY FINANCE COMMITTEE APPROVED BY CIC
ARTICLE 12. To see if the Town will vote to transfer from the Fire Engine Special Stabilization Fund the sum of $465,000 to purchase and equip a Fire Engine; or take any other action in relation thereto.
APPROVED BY BOARD OF SELECTMEN APPROVED BY FINANCE COMMITTEE APPROVED BY CIC
ARTICLE 13. To see if the Town will vote to accept funds being provided by the Commonwealth of
Massachusetts under the provisions of Chapter 90 of the General Laws, to pay for such costs as allowed by appropriate legislation in connection with the maintenance, repair, and construction of Town ways and bridges; or take any other action in relation thereto.
ARTICLE 14. To see if the Town will vote to appropriate the sum of $425,000 in previously awarded
Chapter 90 Funds for the maintenance, repair and construction of Town ways and bridges; or take any other action in relation thereto.
APPROVED BY BOARD OF SELECTMEN APPROVED BY FINANCE COMMITTEE
ARTICLE 15. To see if the Town will vote to transfer from the Sewer Enterprise's Retained Earnings
or other available funds in the treasury, the sum of $25,000 for the current FY08 Sewer Department budget; or take any other action in relation thereto.
APPROVED BY BOARD OF SELECTMEN APPROVED BY FINANCE COMMITTEE
ARTICLE 16. To see if the Town will vote to transfer from the Ambulance Enterprise's Retained
Earnings or other available funds in the treasury, the sum of $25,000 for the current FY08 Ambulance Department budget; or take any other action in relation thereto.
APPROVED BY BOARD OF SELECTMEN APPROVED BY FINANCE COMMITTEE
ARTICLE 17. To see if the Town will vote to raise and appropriate or transfer from the Town's Undesignated Fund Balance or other available funds, the sum of $340,000 to the Stabilization Fund; or take any other action in relation thereto.
APPROVED BY BOARD OF SELECTMEN APPROVED BY FINANCE COMMITTEE
To see if the Town will vote to appropriate or reserve from the Community Preservation Fund annual revenues, reserves or the Community Preservation Fund Undesignated Fund Balance in the amounts recommended by the Community Preservation Committee for committee administrative expenses, debt service, community preservation projects and other expenses in Fiscal Year 2009, with each item to be considered a separate appropriation; or take any other action in relation thereto.
APPROVED BY BOARD OF SELECTMEN
APPROVED BY FINANCE COMMITTEE
SPONSORED BY COMMUNITY PRESERVATION COMM.
To see if the Town will vote to appropriate or reserve from the Community Preservation Fund annual revenues in the amounts recommended by the Community Preservation Committee for committee administrative expenses, community preservation projects and other expenses in Fiscal Year 2009, with each item to be considered a separate appropriation; or take any other action in relation thereto.
Reserves:
From FY09 estimated revenues for
Historic Preservation Reserve $39,750
From FY09 estimated revenues for
Community Housing Reserve $39,750
ARTICLE 20. To see if the Town will vote to appropriate a sum of money up to $1.3M for general
water system improvements in the town; to determine whether this appropriation shall be raised by borrowing from the Massachusetts Water Pollution Abatement Trust or otherwise; or take any other action in relation thereto.
APPROVED BY BOARD OF SELECTMEN APPROVED BY FINANCE COMMITTEE
ARTICLE 21. To see if the Town will vote to appropriate a sum of money up to $3.6M for general
sewerage system improvements in the Town; to determine whether this appropriation shall be raised by borrowing from the Massachusetts Water Pollution Abatement Trust or otherwise; or take any other action in relation thereto.
APPROVED BY BOARD OF SELECTMEN APPROVED BY FINANCE COMMITTEE
ARTICLE 22. To see if the Town will vote to appropriate a sum of money up to $2.9M for Capital
DPW street reconstruction; to determine whether this appropriation shall be raised by borrowing or otherwise; or take any other action in relation thereto.
APPROVED BY BOARD OF SELECTMEN APPROVED BY FINANCE COMMITTEE
ARTICLE 23. To see if the Town will vote, pursuant to MGL Chapter 82A, Section 2, to authorize
the Board of Selectmen to designate the board or officer to regulate trenches as that term is defined by said law and the provisions of 520 CMR 14.00; or take any other action in relation thereto.
ARTICLE 24. To see if the Town will vote to discontinue the public's right of access to Reservoir
Road west from the intersection of the Old Dunbar Road and Reservoir Road to the Richmond town tine. A map depicting the proposed road discontinuance is on file at the Town Clerk's office; or take any other action in relation thereto.
ARTICLE 25. To see if the Town will vote to authorize the Board of Selectmen to enter into a
contract for up to twenty years with the City of Pittsfield for sewer services, and to appropriate a sum of money for said sewer services; or take any other action in relation thereto.
ARTICLE 26. To see if the Town will vote to authorize the Board of Selectmen to extend the
existing 10-year lease to a twenty-year lease with the Lenox Library Association; or take any other action in relation thereto.
ARTICLE 27. To see if the Town will vote to amend the Lenox Zoning Bylaws by removing the Open
Space Residential Development Overlay District and replacing it in its entirety with Flexible Development. The Open Space Residential Development Overlay District is identified as Section 14 in the December 12, 1969 Zoning Bylaws and updated as Section 7.7 in the March 2008 Zoning Bylaws. This amendment will remove Open Space Residential Development District in its entirety and replace it with Flexible Development. A copy of the proposed changes are on file and may be inspected in the Town Clerk's office; or take any other action in relation thereto.
ARTICLE 28. To see if the Town will vote to 1) rezone property owned by William Vahte on
Pittsfield Road, being Lot 51 on Map 27 from C-3A to C-1A; 2)amend the Lenox Zoning Bylaws by amending Table 6.6-1 of Section 6: Use Regulations to allow Drive-In, Drive-Up or Drive-Through Eating Establishments and Drive-In, Drive-Up or Drive-Through Retail, Sales and Service Establishments in a C-1A District and C District by Special Permit as a special exception granted by the Board of Appeals, and related definitions and regulations pertaining thereto, a copy of which is on file at the Town Clerk's office; or take any other action in relation thereto. (Owner's Petition).
ARTICLE 29. To see if the Town will vote to direct the Board of Selectmen to determine that all
elected officials of the Town not be considered eligible employees for health insurance as allowed under Chapter 32B, Section 2 (d) of the General Laws; or take any other action in relation thereto. (Petition Article).
You are also directed to notify and warn the inhabitants of the Town of Lenox qualified to vote on Town affairs to meet in the Town Hall in said Lenox on Monday, May 5, 2008 at 7:00 A.M. to bring their votes for the following Town Officers:
1 Moderator for one year
2 Selectmen for three years
1 Board of Health Member for three years
1 Assessor for three years
2 School Committee Members for three years 1 Planning Board Member for five years
The polls will be open from 7:00 A.M., and may be closed by 7:00 P.M.
And you are directed to serve this warrant by posting an attested copy of the warrant therefore in three public places in the Town not less than seven days before the meeting.
Hereof fail not and make due return of this warrant with your doings thereon to the Town Clerk or the Selectmen, at the time and place of said meeting.
Given under our hand the 16th day of April in the year of Our Lord Two Thousand and Eight.
Signed
A true copy, ATTEST:
Selectmen ofof Lenox
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