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Canton Town Meeting — 2009 ATM
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Source page 1
Recommendations oftheFinance Committee
totheVotersofCanton, Massachusetts
2009
TOWN OFCANTON
ANNUAL TOWN MEETING
MONDAY, APRIL 27,2009@7:30p.m.
MorseAuditorium
CantonHighSchool
900Washington Street, Canton
StudythisreportandcometoAnnualTownMeeting.
Bringthisreportwithyou.
70,000,000 plus will be appropriated by YOUR VOTE at Town Meeting is important
Canton Town Meeting Voters for because it establishes the priorities for our schools,
Next Year’s expenditures. public works, public safety, town government and
future direction for our environment.
For Emergency Preparedness Information, log The Town, upon request, will endeavor, to the
onto www.town.canton.ma.us and click on greatest extent possible, to make available any
Emergency Planning Guide” or Call and all visual and audio devices and assistance for
1-800-480-2520 for afree FEMA Emergency the disabled. For more information, please call
Preparedness Handbook. 781-821-5000.Source page 2
ANNUAL TOWN MEETING APRIL 27, 2009
TABLEOFCONTENTS
Page #
Reports
Finance Committee Report ……………………………………………………………….…
4
ChartsandExhibits
Figure 1 –Revenues vs. Expenditures – FY99-FY09 Est. ……………….....
5
Figure 2 –Historical Summary of Expenses – FY99-FY09 Est. ………….…
6
Figure 3 –Reserve Accounts and Bond Rating Agency Expectation ……. 6
Town Finance Terminology ……………………………………………………………..….
8
A Guide to Participating at Town Meeting ……………………………………………..
8
Note to All Voters Concerning Town Meeting Procedures ………………………..
9
Summary of Revenue and Expenditures ………………………………………………..
10
Supplements to FY09 Accounts ……………………………………………………………
17
Revolving Funds …………………………………………………………………………………
20
Votes to Transfer Available Funds …………………………………………………….….
97
Operating Budget by Voting Category FY 2009 ………………………………………
98
CPC 5-Year Spending Plan for Municipal Departments …………….……………..
100
CPC 5-Year Spending Plan for Self-Supported Funds .…………….……………….
100
CPC 5-Year Spending Plan for Enterprise Funds ……………………….……………
101
CPC 5-Year Spending Plan for School Committee …………………….…………….
102
AnnualTownMeetingArticles
Art. Page #
1 Elect a Moderator 11
2 Adopt Rules to Govern Town Meeting ……………………………………………………
11
3 Hear Reports of Committees Appointed at Prior Town Meetings ………………13
4 Act On “Consent Agenda” ……………………………………………………………………
13
5 Collective Bargaining Agreements and Non-Union Employment
Agreements under the Board of Selectmen ……………………………….…..……..14
6 Funding of Cost Items Not In Departmental Budgets ……………………………..
14
7 Set Salaries of Elected Officers ……………………………………………………………
15
8 Pay Bills of Prior Fiscal Year ………………………………………………………………..
16
9 Supplement Fiscal ’09 Accounts ………………………………………………………….
16
10 Transfer Unexpended Prior Year Appropriations ……………………………………
18
11 Authorize Contracts of More Than Three Years Duration …….…………………..
19
12 Authorize Certain Revolving Funds ………………………………………………………
19
13 “Omnibus” Capital Outlay Program ………………………………………………………
22
14 Amend Zoning By Law by Creating a “Route 138 Economic Opportunity
Overlay District” .………………………………………………..…………………….……. 31
2 -Source page 3
ANNUAL TOWN MEETING APRIL 27, 2009
Art. Page #
15 Amend Zoning Map by Placing Certain Parcels along Route 138 into
Rte. 138 Economic Opportunity Overlay District ……………………………………46
16 Amend Zoning By-Law Sec. 5.10.3 –Mixed Use Overlay District ……………
49
17 Vote to Designate parcels along Arboretum Way/ Turnpike St. as
Mixed Use Overlay District ……………………………………………………..…………. 50
18 Amend Zoning By-Law by adding a Wind Energy By-Law ……………………....
50
19 Amend Zoning By-Laws Section 5.8 –Village Housing Overlay District ….. 55
20 Amend Zoning Map – Along Revere Street and Neponset Street ……..………. 57
21 Acceptance of Deeds in Lieu of Foreclosure ………………..………………………..
58
22 Vote to Sell Town Property ……………..……………………….………………………….
58
23 Approve Increase in Demand Notice Fee ……………………………………………….
59
24 Vote to acquire rights for Elm Street Water Main ……………………………...…..
59
25 Vote to Acquire Sewer System – Canton Technology Center ……………...……. 60
26 Vote to Acquire Parcels for Widening Dedham St. ……..………………….……….
61
27 Establishment of Canton Center Parking District Enterprise Account …..……61
28 Amend General By-Laws by Adding New Right of Way By-Law
Telecommunications) ……………………………………………………………………….. 62
29 Amend General By-Laws Article XX, Section 3 – Jurisdiction)
(
Soil Erosion and Sediment Control and Section 13, Part A –Limited
Land Disturbance Permit ……………………………………………..…………………….. 84
30 Acquire Parcel on Curtis Circle ………………………………………………….………
85
31 Sale of Property Held by Conservation Commission ……………..……………….
85
32 Amend General By-Laws Article XIV by Adding Section 55 – Controlled
Substances …………………………………….………………..………………………………. 86
33 Amend Personnel By-Laws, Section 7 (Procedures for Adoption/
Amendment/ Revisions of Human Resources Policies) …………………………. 87
34 Adoption of Statute to Permit Local Board Members to Miss Session of
Hearing ………………………………………………………………………………………..…… 87
35 Article for Ponkapoag Golf Course ………………………………………………………..
88
36 Proposed Amendment to Demolition Delay By-Law …….…………………………
89
37 Vote to Accept Provisions of G.L.C. 183A, S. 20/ Ratify Purchase of
North Street Condo Unit ………………………………………………………………….... 90
38 Funding Request for School Capital Needs …….……………………………………..
91
39 Amend General By-Laws Article XVI by Adding a New Section 22 –
Excavation and Trench Safety …………………………………………….………………. 91
40 Additional 43D Priority Development Sites …………………………………………..
92
41 Assessors Acceptance of Provisions of MGL Amendment ………………………
94
42 Accept General or Session Laws Enacted by the General Court ………………
94
43 Insurance Proceeds …………………………………………………………………………..
95
44 Vote to Rescind Unused Borrowing Authorizations ………………………………..
95
45 Transfer of Funds to Meet FY10 Appropriations …………………………………….
96
46 Appropriate Funds to Meet Expenses for Next Fiscal Year ………………………
96
3 -Source page 4
ANNUAL TOWN MEETING APRIL 27, 2009
Finance Committee Report totheTown ofCanton forATM 2009
Introduction
Canton residents hadexpected fiscalyear2009 (FY09) tobethestartofathree-yearprogram torestore Town
services because ofthe $4.5 million override votedthrough inMay2008. Butinstead therewereseveral major
financial issues inFY09 thatcaused shortages, andthusrequests fortransfers inArticle 9.TheStateof
Massachusetts cuttheStateAidtocitiesandtownsofMassachusetts sevenmonths intoFY09. Theharshwinter
weather withmanysnowandicestormscaused theSnowandIcebudget tobeexceeded toagreater extent thanit
hadinrecentyears. AndtheLegalServices budgetwasexceeded duetoacontinuance ofcostsassociated withlegal
services relatedtotheWestwood Station Project.
Thefinancial collapse of2009ushered inafinancial challenge ofhistoric scopethatisaffecting everystateand
towninthenation. Theeconomic downturn, hasforcedtheCommonwealth ofMassachusetts tocut $260,078in
stateaidtoCanton sevenmonths intothefiscalyear, andmayforcefurther cutsinStateAidinfutureyears. The
Finance Committee believes thataone-timetransfer fromFreeCashReserves tocoverthisunexpected lossof
revenue ispreferable toasignificant disruption inTownservices andrecommends thetransfer inArticle9ofthis
warrant.
Theharshwinter seasondidnothing tosoftentheeconomic blowtotheTown. Thesignificantly higher-than-normal
snowfall forced theDPWtoexceed itsSnow & Icebudget byapproximately $625,000.InpastyearstheFinance
Committee Reserve Fundhasbeenusedtocoverexcessspending forSnow & Ice,butthe $300,000inthefundis
notsufficient tocovertheentireamount. Therefore, theFinance Committee recommends transfers fromFreeCash
Reserve andAssessors Overlay inArticle 9tomakeupthedifference.
TheTownhasalsocontinued toaccumulate costsassociated withlegalservices related totheWestwood Station
Project. Thesecostshavebeensupplemented bytheBoard ofSelectman usingfundstheyreceived asagrantto
compensate theTownofCanton fortheNSTAR powertransmission projectlocated underroute138.
Despite theworldwide economic recession, theprudent financial decisions votedthrough inpastTownmeetings
haveplacedCanton inarelatively secureposition. TheFinance Committee hopesthatcontinued restraint inbudget
spending canbemaintained sothatlayoffs andlossofservice canbeheldtoaminimum shouldtherecession
continue overaprolonged period. Itshouldalsobenotedthat, despite thepossibility ofreceiving someadditional
funding fromthenational stimulus package, theFY10budgets werenotprepared onthebasisofreceiving such
funds.
InthisWarrant, theFinance Committee hopes toprovide thevoters oftheTown withdataandhistorical
perspectives necessary tomakeinformed decisions atthe2009TownMeeting. Weofferanoverview ofthe
financial statusoftheTownandattempt toexplain therationale supporting ourrecommendations withregardtothe
FY10Budget (Article 46).Throughout thisWarrant wehavefurtherprovided ourrecommendations toyouona
widerangeofissuesandhavemadeeveryefforttoprovide detailed discussions thatexplain ourpositions onthe
manyissuesweface. InsomecasesTheFinance Committee hadto “postpone indefinitely” thesubject matter ofan
Articleduetothetimeframeandlackofinformation. Thisshould notbeconstrued tomeanthatwewereagainst
theArticle –onlythatwedidnothaveenough timetoweighitsmerits priortoourvotesneeding tobefinalized for
theWarrant. While itiscertainly ourhopethatvoterswillgivesubstantial weight andconsideration toour
recommendations, itisultimately uptothevotersoftheTownofCanton todeliberate andvoteontheseissues.
FinalResults forFiscalYear2008 (July1,2007through June30,2008)
The2007TownMeeting voters approved anFY08Budget basedonrevenues of $60.6million andexpenses of
61.6million. The $1million difference wastobefundedfrom $500,000FreeCashReserves and $500,000from
theAssessors Overlay. Theactualrevenue forFY08washigherthanprojected, whiletheactualoperating expenses
of $61.7 million wereslightly morethantheprojected expenses. Theunexpected increase inFY08revenue, coupled
withasavings infixedcosts, allowed theTowntouselessoftheFreeCashReserve fund.
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ANNUAL TOWN MEETING APRIL 27, 2009
Historical andCurrent FiscalYear (FY09; July1,2008through June30,2009) Budget Status
Forthefirsttimeinsixyears, therevenues oftheTownhavekeptpacewithitsexpenditures infiscalyear2008.
Figure 1)ItwasgreatthatinFY09theTownofCanton wasabletoincrease thetotalamount inourreserve funds.
Afterthevoters approved a $4.5 million operating override inMay2008, thetownwasawarded anAAAbond
rating. TheFinance Committee believes thattheincrease inbondratingwasattributed tothedecrease inexpenses,
theincrease inreserves, andthehighquality, awardwinning financial reports provided bytheFinance Department
totheMassachusetts Department ofRevenue.
Itwasveryunfortunate thatsevenmonths intothe2009fiscalyeartheCommonwealth ofMassachusetts decided to
cuttheamount ofStateAidtheCitiesandTowns received. Aspreviously mentioned, thedecrease inStateAid
combined withtheharshwinterandcontinuance ofincrease legalservices willresultinalowering oftheamount the
TownofCanton maintains inreserve.
Revenue vs.Expendiures (inmillions)
70
65
60
55
50
45 RevenueExpenses
40
35
19992000200120022003200420052006200720082009 ( est.)
Fiscal Year
Figure 1
Figure twoprovides anhistorical viewoftheexpenses between theschool system, themunicipal sideofgovernment
andfixedcost (i.e.healthcare, retirement, etc.). Fixedcostswererelatively stable from1999through 2002;
however thesecostshavegrowndramatically since2003, largelyduetoincreases inhealthinsurance andSPED
costsintheSchool budget. TheFinance Committee believes thatbringing bothcostsundercontrol isacritical
component insolving ourtown’sfinancial problems. In2006, achange inhealthinsurance plansstartedsavingthe
townover $1million ayear. TheTownalsoexpects tosaveover $300,000ayearbymandating thatretirees enroll
inMedicare. Onecanseethatevenwiththesechanges, thefixedcostportion ofthebudgetcontinues torise,largely
duetohealthcosts.
5 -Source page 6
ANNUAL TOWN MEETING APRIL 27, 2009
Historical Summary ofExpenses
33
28
23
18
13
Schools
Municipal
FixedCosts
8
19992000200120022003200420052006200720082009 (
est.)
Fiscal Year
Figure 2
StatusoftheTown’sCashReserves
Figure threeshows theTown’scurrent reserves (asof7/1/08)is $7,098,886splitamongFreeCashReserves
2,014,294),Stabilization Fund ($3,036,393) andtheOverlay Reserve ($2,048,199). Oftheseaccounts theFree
CashReserves andtheStabilization accounts canbeaccessed byTownMeeting. Onlytheelected Boardof
Assessors canaccessandrelease fundsfromtheOverlay Reserve.
Itisextremely important fortheTowntomaintain thisminimum levelofreserves asitprovides twovitalfunctions.
Firstandforemost, thereserves provide areadysource offundstodealwithunforeseen one-timeemergency
situations, suchasanunexpected cutinStateAidmidway through thefiscalyear.
Another financially important function ofthereserves istoprotect ourcurrent AAAbondrating. Current reserve
levelsinallthreefundsaccount forabout11%oftheFY09budgetpriortothetransfer outofreserves recommended
inArticle 9. Bondratingagencies havestatedthatourreserves should bebetween 10%and15%tojustifyour
excellent rating (Figure3). Theruleofthumbisthatadowngraded bondratingonelevelwillresultina1/4%
increase intheamount ofinterest beingpaid. TheTown’slastthreebondissues (2004, 2006, and2008) total
approximately $50million. IfCanton weretobondthissameamount overthenextfewyearsandourbondrating
wasdowngraded because theamount ofreserves werereduced fromitscurrent level, theinterest paidonthis $50
million couldincrease thecostofthesebondsbyover $1million during thelifeofthebond.
Reserve Accounts & Bond Rating Agency Expectation (inmillions)
8
7
6 2.05
5 0.95 Overlay Reserves
4 3.04 Stabilization Fund
3 6.25 3.14
Free Cash Reserves
2
12. 01 1.65
0
Reserve Total 7/1/08Bond Rating AgencyReserve Total 6/30/09
Minimum( est)
Figure 3
6 -Source page 7
ANNUAL TOWN MEETING APRIL 27, 2009
TheFinance Committee isrecommending thatFreeCashReserves betransferred tobudgets thathavebeen
negatively impacted bythecutsinStateandseverewinter weather andwedorealize thatthereisariskthatthese
transfers willresultintotalreserves dropping belowthe10%minimum expected bybondratingagencies. Thetotal
amount ofFY10FreeCashReserves cannot bedetermined untiltheendofthecurrent fiscalyear, soitispossible
thattheTownwillremain abovetheminimum. Regardless, theFinance Committee believes thatthebondrating
agencies willconsider theextraordinary financial challenges thatalltowns havefacedandFY09andwillnot
penalize ourbondratingshould theTownreserves dropslightly belowthe10%minimum.
Thisyear, theFinance Committee recommends inArticle 45that $100,000betransferred fromFreeCashReserves
totheStabilization Fund. Thebondratingagencies madeitveryclearthatoneofthethreemainreasons thatthe
Town’srating wasincreased toAAAstatuswasbecause thecitizens werewilling toplacefundsintothe
Stabilization Funddespite difficult economic times. Transferring $100,000intoStabilization mayacttooffseta
slightdropbelowthe10%minimum, shoulditoccurinFY10.
Capital Budget
Theestablished procedure fortheTownistosetaside6%oftherecurring revenues fortheCapital Budget each
year. TheTownfirstpaysdebtservice onallexisting debtwithinthelevyfromthisamount. Theremaining amount
isusedtofundcapitalprojects identified intheCapital Planning Committee’s (CPC) five-yearplan. Forthepast5
years, theCPChasreduced itsgoalof6%tohelpclosethestructural deficitforeachofthoseyears, which has
resulted inneeded capitalmaintenance and/orrepairs beingpostponed. Deferring maintenance and/orrepairs runs
theriskoflow-costprojects growing toexpensive onesinyearstocome. ForFY10capital expenses are
approximately 5.0%ofthebudgetduetodecisions bytheBoardofSelectmen andtheSchool Committee toreduce
cashcapitalspending inordertobeinlinewithlowerrevenues expected inFY10.
Projections forFY2010
TheTownofCanton hasfacedfiscalchallenges since2003andthesechallenges willcontinue through FY10. The
7.6 millioninfreecashavailable in2002hasbeenusedoverthepastsixyearstofillthegrowing gapbetween the
revenues collected andthetownexpenses.
Theprojected revenue thetownwillreceive inFY10is $66.9million; a3.3%increase overthe $64.8million the
towncurrently estimates tocollect inFY09. Thevastmajority oftheexpected revenue willcomefromproperty
taxes ($52.3million; +4.7%fromFY09) withtheremaining fundsbeinggenerated fromlocalreceipts ($5.1 million;
5.5%fromFY09), StateAid ($7.4 million; -1.0%fromFY09), andothersources ($2.1 million; 0%fromFY09).
Theonlyreason thattheproperty taxrevenue isincreasing isthe $4.5million override votedthrough inMay2008.
Ifithadnotbeenfortheoverride theTownofCanton wouldbelooking atmorereductions inservices. Theamount
oftheoverride usedinFY09was $1.4million. Theestimated amount oftheoverride tobeusedinFY10is $1.7
million. Without theoverride theMunicipal andtheSchooldepartments would havebeenrequired tomakesevere
cutsintheirFY10budgets inordertohaveabalanced budget inthe2010fiscalyear.
Budget
TheTown’sbudget (excluding capital outlay) iscomprised ofanOperating Budget (public schools andmunicipal
departments), Enterprise Funds, FixedCosts, CashCapital Expenses ($395,000) andState & County Charges
922,969). TownMeeting participants willvoteontheOperating Budget including FixedCostsandEnterprise
fundsaslistedinArticle 46.
Respectfully submitted,
TownofCanton Finance Committee
David Emhardt, Chairman Alan Hines AlanReese
JimSims, Vice Chairman Patricia Johnson Diane Wolff
John Friel Adam Mazonson
7 -Source page 8
ANNUAL TOWN MEETING APRIL 27, 2009
TOWN FINANCE TERMINOLOGY
The terms below are frequently used inthe annual Town report and atTown Meetings. Inorder toprovide
everyone with abetter understanding oftheir meanings, the following definitions are provided:
APPROPRIATE: To authorize spending. Once anappropriation for abudget orarticle has been made byTown
Meeting, the appropriation can only bechanged byanother Town Meeting. There isone exception-atransfer from
the Reserve Fund.
BONDS: The money Canton borrows topay for capital building projects such asthe High School and police
station.
CAPITAL EXPENSES: Expenses associated with the purchase oflong term assets, orprojects. Paying forthese
expenses can come from either cash (Cash Capital) orfrom long term bonding.
CHERRY SHEET: Afinancial statement from the State, printed on cherry-colored paper which itemizes State
disbursements due the Town, and the State and County charge tothe Town, usually resulting inanet receipt of
funds. Itisthe basis forthe amounts which appear inthe Finance Committee forecast ofRevenue and Expenditure.
DEBT EXCLUSION: Taxes raised through aprop 2.5 override topay forcapital projects such asbuilding the high
school orlibrary.
ENTERPRISE SURPLUS: ( Retained Earnings) This fund balance represents the amount tobe used, by avote of
Town Meeting, foroperating cost offsets, funding capital improvements and reimbursing the General Fund forprior
year funding.
FIXED COSTS: Costs primarily associated with employee benefits, such ashealth insurance and retirement costs.
FREE CASH RESERVE: Anaccumulation ofsurpluses left atthe end ofthe fiscal year. This funding isavailable to
be allocated atTown Meeting through asimple majority vote. Itisakin toasavings account.
FY09: July 1,2008 through June 30, 2009
FY10: July 1,2009 through June 30, 2010
LEVEL FUNDING: The budget amount for this year will beidentical tothe budget amount last year (i. e.,no
additional money will beavailable tocover increased costs insalaries orsupplies.)
LEVY LIMIT: The maximum amount oftax levy inany given year. The levy limit isbased onthe previous year’s
levy limit plus 21/2%plus new growth, and not the previous year’s actual levy.
LOCAL RECEIPTS: Money the town collects from local sources such asexcise tax, licenses and permits,
investment income, and penalties
NEW GROWTH: Additional tax revenue the Town receives from new construction, such asnew homes or
additions toexisting buildings.
OPERATIONAL OVERRIDE: An increase above the standard 2.5%yearly increase intaxes. This increase is
unlike adebt exclusion override, inthat itispermanent.
OVERLAY: The amount raised bythe Assessors primarily for the purpose ofcreating afund tocover abatements.
OVERLAY RESERVE: This isthe accumulated amount ofthe Overlay for various years not used orrequired tobe
held inthe specific Overlay accounts foragiven year. The Assessors control release offunds inthe Overlay reserve
that exceed pending tax liability.
RAISE: To tax. The tax rate isset bythe Assessors after the Annual Town Meeting and after receipt ofthe
Cherry Sheet.”
RESERVE FUND: This fund isestablished bythe voters atanAnnual Town Meeting, and may be composed ofan
appropriation, money transferred from the Overlay Reserve, orboth. Transfers from the Reserve Fund are within
the control ofthe Finance Committee, and are for “extraordinary and unforeseen expenditures.”
REVENUES: Amount ofmoney the town receives tocover expenses. The majority ofthis money comes from
property taxes. The remainder comes from local receipts, State Aid and transfers from other funds.
STABILIZATION FUND: The fund isestablished by the voters for future uses. ATown Meeting vote isrequired
for itsuse towards a “borrowing article” and/orfor “any lawful purpose.”
STATE AID: The amount ofmoney that the state ofMassachusetts gives tothe town ofCanton.
STEP AND LANE INCREASES: Automatic increases insalary fortown workers, negotiated inthe union contracts.
STRUCTURAL DEFICIT: Town’s recurring expenses are greater than itsrecurring revenues.
TAX LEVY: (LEVY): The revenue acommunity can raise through real estate and personal property taxes.
AGUIDE TOPARTICIPATING ATTOWN MEETING
If town meeting is to run smoothly a few simple rules must be followed…….
No person should speak unless standing atamicrophone and then only after having been ‘recognized’ bythe
moderator.
8 -Source page 9
ANNUAL TOWN MEETING APRIL 27, 2009
Itisboth impolite and contrary tothe rules ofprocedure toshout out “Question”, or “Move the Question” while
seated, while someone else isspeaking, orwithout being ‘recognized’.
When recognized, avoter should first state his orher name and address clearly and distinctly before making any
statement.
Voters should be brief. Itisagood idea tostate atthe outset why you have risen tospeak: e.g.Irise tospeak in
favor (oragainst) the motion to Voters may wish tosummarize atthe close oftheir remarks: Ihope the motion
now pending is (not) adopted
Rather than repeat arguments already made, consider saying: Iconcur with the statements made by the previous
speaker(s)and forthe same reasons urge you tovote (insupport of) or (against) the main motion when itisput.
Atown by-law restricts any one speaker tonot more than ten minutes atany one time. The patience ofother
voters isoften not aslong.
Atown by-law restricts any one speaker from speaking more than twice onthe same matter except tocorrect an
error oramisstatement.
Aperson who isspeaking onbehalf ofanother (such asanattorney) isrequired todisclose that fact before making
any statement.
Amotion toreconsider isquite technical innature. Aperson who intends tomove reconsideration should discuss it
inadvance with the moderator. Generally the motion may be made atany time solong asasufficient interval has
elapsed since the last vote on the matter was taken, and/oradditional information has become available, soasto
give areasonable basis tobelieve the meeting might vote differently. When the motion toreconsider ispending
debate islimited towhy reconsideration should prevail and not tothe merits ofthe underlying motion.
When one voter isspeaking every other voter inthe hall should pay attention towhat isbeing said. Noperson
should interrupt aspeaker unless some ‘rule’ isbeing violated. Ifavoter believes arule isbeing violated they
should rise inplace, wait tobe recognized by the moderator (For what purpose does the lady rise?)Voter: Irise to
apoint oforder. Moderator: State your point ofOrder. Voter: …The speaker isdealing inpersonalities, ( or) the
remarks ofthe speaker are not germane tothe subject athand, etc.
Rather than read every warrant article the moderator may say “The chair asks unanimous consent that the reading
ofthe article bewaived (Pause) Seeing no objection itissoordered.”
Voters should refrain from displaying their approval ordisfavor towards aspeaker by applauding orby any other
means.
NOTE TOALLVOTERS CONCERNING
TOWN MEETING PROCEDURES
Atprevious Annual Town Meetings aby-law was adopted which requires that almost allwarrant articles be acted
upon inthe order they are drawn by alottery, not the order they appear inthe warrant. There are certain
exceptions, however, tothe lottery system. The following should help you understand how the Town Meeting
works:
Town Meeting will beopened bythe Town Clerk. AModerator will beelected (Article 1);procedures togovern
Town Meeting will beadopted (Article 2);and reports ofalloutstanding committees will bereceived (Article 3).
After these three articles have been acted upon, allsubsequent articles, except next year’s proposed annual
operating budget, will bevoted oninthe order inwhich they are drawn bythe Town Clerk. There are instances,
however, where the Moderator may declare that forsome legal ortechnical reason aparticular article orarticles
must be considered insome other sequence.
The proposed annual operating budget cannot be acted upon until all matters which affect ithave been acted
upon, specifically, allcollective bargaining agreements, and any warrant article that calls for anexpenditure. This
may mean that the proposed annual operating budget may, infact, be the last article acted upon atthe Annual
Town Meeting.
Itishoped that this brief explanation will be helpful toyou inunderstanding the lottery system under which the
Town Meeting iscurrently operated.
9 -Source page 10
ANNUAL TOWN MEETING APRIL 27, 2009
SUMMARY OF REVENUE AND EXPENDITURES
FY 2008FY 2009FY 2010
ACTUALBUDGETPROPOSED
GENERAL FUND REVENUE:
TOTAL PROPERTY TAX REVENUE46, 576,12249,754,05452,327,444
TOTAL LOCAL RECEIPTS6, 218,1195,604,4235,116,363
STATE AID7,091,3257,464,7987,273,132
TRANSFERS FROM OTHER FUNDS2,080,0852,110,5372,142,557
TAX TITLE / FORECLOSURE REVENUE62, 10000
TOTAL REVENUE62, 027,75264,933,81266,859,496
GENERAL FUND EXPENDITURES:
PUBLIC SCHOOL EXPENSES24, 977,00027,530,39928,665,359
MUNICIPAL EXPENSES14, 235,52114,613,07115,088,071
FIXED COSTS20, 283,39921,710,73822,288,097
TOTAL OPERATING EXPENSES59, 495,92063,854,20866,041,527
CASH CAPITAL EXPENDITURES847, 657669,000395,000
TRANSFER TO STABILIZATION FUND525,000400,000100,000
STATE & COUNTY CHARGES894, 634910,604922,969
TOTAL EXPENDITURES61, 763,21165,833,81267,459,496
OPERATING SURPLUS/( DEFICIT) - GENERAL FUND264, 541(900,000)(600,000)
ONE-TIME SOURCES OF FUNDS:
FREE CASH RESERVE525, 000400,000100,000
OVERLAY SURPLUS443, 302500,000500,000
TOTAL NON-RECURRING SOURCES968, 302900,000600,000
ADJUSTED SURPLUS/( DEFICIT) - GENERAL FUND1, 232,843(0)(
0)
ENTERPRISE FUNDS:
WATER REVENUE5, 026,3015,446,5625,527,884
SEWER REVENUE5, 043,8804,953,0234,871,209
RINK REVENUE375, 275409,244429,390
TOTAL ENTERPRISE FUNDS' REVENUE10, 445,45610,808,82910,828,483
ENTERPRISE FUNDS' SURPLUS USED0185, 000220,000
WATER EXPENSES4, 366,3965,446,5625,527,884
SEWER EXPENSES4, 948,5024,953,0234,871,209
RINK EXPENSES398, 150409,244429,390
TOTAL ENTERPRISE FUNDS EXPENSES9, 713,04810,808,82910,828,483
ENTERPRISE FUNDS' CAPITAL EXPENDITURES10, 000185,000220,000
ENTERPRISE FUNDS' SURPLUS/( DEFICIT) 722,40800
GRAND TOTAL APPROPRIATIONS71, 486,25976,827,64178,507,979
10 -Source page 11
ANNUAL TOWN MEETING APRIL 27, 2009
TownofCanton
Commonwealth ofMassachusetts
Norfolk, ss
To the Constables of the Town of Canton,
Greetings:
In the name of the Commonwealth of Massachusetts you are hereby required to notify and warn the
inhabitants of the Town of Canton to meet at Morse Auditorium, on the grounds of the Canton High
School, 900 Washington Street in said town on;
MONDAY, THE TWENTY- SEVENTH DAY
OF APRIL, 2009
At half past seven o'clock (7:30 P.M.) in the evening for the annual town meeting at which time and
place the following articles are to be acted upon:
ARTICLE1
ELECT AMODERATOR
Article 1 Toelect aModerator topreside atthis Town Meeting, and toserve until the commencement of
Annual Town Meeting in2010, ortotake any other action related thereto.
Board of Selectmen
MOVED: That the Town elect aModerator to preside at this Town Meeting and to serve until a
successor Moderator is elected at the commencement of Annual Town Meeting in 2010.
VOTE: 7-0-0
APPROVED__________ DISAPPROVED__________
ARTICLE2
ADOPT RULES TO GOVERN TOWN MEETING
Article 2 To see ifthe town will vote to adopt certain procedures togovern the conduct ofthe 2009 Annual
Town Meeting, ortotake any other action related thereto.
Board of Selectmen
MOTION 1
MOVED: That this 2009 Annual Town Meeting meet on consecutive Monday and Wednesday
evenings ( but not including Monday, May 25th) in the Morse Auditorium, on the grounds of the Canton
High School until the business of this Annual Town Meeting has been concluded, each such session to
begin at 7:30 o’clock P.M. and to adjourn at 11:00 o’clock P.M., or as near that hour as may be feasible,
according to the nature of the business pending at the said hour.
VOTE: 7-0-0
11 -Source page 12
ANNUAL TOWN MEETING APRIL 27, 2009
DISCUSSION: This motion formalizes procedures that have been followed byTown Meeting inthe past.
APPROVED__________ DISAPPROVED__________
MOTION 2
MOVED: That the following individuals be granted all of the rights and privileges of participation
in this Annual Town Meeting, except the right to vote, under any article of this warrant which affects
matters within their jurisdiction:
Robin Billing, Director for Curriculum, Instruction & Technology
Joseph Ciccolo, Supt.-Director, Blue Hills Regional Technical School
John Ciccotelli, Director of Public Health
John D’Auria, Superintendent of Schools
Paul R. DeRensis, Town Counsel
Alan B. Dewey, Assistant Superintendent for Student Services
James Donovan, Town Engineer
Bernard Fallon, Superintendent of Buildings & Grounds
Helena Findlen, Police Department Lieutenant
William T. Friel, Town Administrator
Paul Gargano, Town Accountant
Brian Joyce, Senator
Louis Jutras, Information Systems Manager
Jeffrey Kaylor, Recreation Director
Mark Lague, Library Director
Kenneth Leon, Business Manager, School Department
James Murgia, Finance Director
Robert Murphy, Conservation Commission Agent
David Proule, Business Manager, Blue Hills Regional Technical School
Mark Roy, Executive Director, Canton Housing Authority
Michael Trotta, Superintendent of Public Works
Diane Tynan, Director of Council on Aging
John Wieliczki, Director of Assessing
VOTE: 7-0-0
DISCUSSION: This motion allows non-resident key town officials tolegally participate inTown Meeting and
formalizes procedures that have been followed by Town Meeting inthe past.
APPROVED__________ DISAPPROVED__________
MOTION 3
MOVED: That whenever during discussion under any article in this warrant during this year’s
annual town meeting, irrespective of which session such discussion is reached during the progress of
the annual town meeting, amotion is made the effect of which is to increase the total amount to be
appropriated beyond that which is recommended by the Finance Committee or which changes the
method of obtaining funds to meet that appropriation, the moderator shall not accept such motion
unless said motion also contains acorresponding decrease in another appropriation as contained in an
appropriation article on this specific warrant or acorresponding transfer from any other available
funding source, so that the total amount to be appropriated by the town, at this town meeting, and to
be expended thereafter, for all the appropriation articles contained in this warrant, shall not in any
event exceed the total dollar amount recommended by the Finance Committee as set forth in the
published Report of the Finance Committee Recommendations as may be increased by any transfer
from available funds.
VOTE: 7-0-0
DISCUSSION: This motion formalizes procedures that have been followed byTown Meeting inthe past toensure
that Town Meeting ends with the adoption ofabudget that isinbalance.
APPROVED__________ DISAPPROVED__________
12 -Source page 13
ANNUAL TOWN MEETING APRIL 27, 2009
ARTICLE 3
HEAR REPORTS OF COMMITTEES APPOINTED AT PRIOR TOWN MEETINGS
Article 3 Tohear the reports ofallcommittees, appointed atprevious town meetings, which have not yet
been discharged, ortotake any other action related thereto.
Board of Selectmen
ADA Transition Plan Implementation Committee ( ATM 1999, Article 10)
Economic Development Committee ( ATM 2004, Article 14)
The Route 138 Revitalization Study Committee ( ATM 2007, Article 22)
MOVED: That the Town Meeting hear and accept reports of all committees appointed at previous
Town Meetings which have not been discharged such as:
ADA Transition Plan Implementation Committee ( ATM 1999, Article 10)
Economic Development Committee ( ATM 2004, Article 14)
The Route 138 Revitalization Study Committee ( ATM 2007, Article 22)
VOTE: 7-0-0
DISCUSSION: The Finance Committee unanimously supports the adoption ofthis motion tohear the reports of
allstanding committees appointed atprior Town Meetings.
APPROVED__________ DISAPPROVED__________
ARTICLE 4
ACT ON “CONSENT AGENDA”
Article 4 To see ifthe town will vote to dispose ofcertain articles inthis warrant by asingle vote, in
accordance with a,so-called, consent agenda, ortotake any other action related thereto.
Board of Selectmen
MOVED: That the following articles be disposed of by asingle vote, in accordance with the
Finance Committee motions as printed in the report of the Finance Committee, entitled
Recommendations of the Finance Committee for the Voters of Canton, Massachusetts”: Articles 19,
20, 30, 31, 32, 38, 42, 43 and 44.
VOTE: 6-0-0
DISCUSSION: The purpose ofthe Consent Agenda Article istocombine non-controversial Articles together and
vote them inasingle motion, thus saving the time itwould take toact oneach one individually. The Finance
Committee recommends the following be combined inthe consent agenda 19, 20, 30, 31, 32, 38, 42, 43, and 44.
The sponsors have withdrawn articles 19, 20, 30, 31, 32, and 38. There are noknown general laws totake
advantage ofinArticle 42, there are no insurance proceeds torecover inArticle 43 and there are no unused
borrowing authorizations torescind inArticle 44.
APPROVED__________ DISAPPROVED__________
13 -Source page 14
ANNUAL TOWN MEETING APRIL 27, 2009
ARTICLE 5
COLLECTIVE BARGAINING AGREEMENTS AND NON-UNION EMPLOYMENT AGREEMENTS UNDER THE
BOARD OF SELECTMEN
Article 5 To see ifthe town will vote, inaccordance with the provisions ofsection seven ofchapter one
hundred fifty E (G. L.Ch.150E, §7)toraise and appropriate, transfer from available funds, orborrow pursuant to
any applicable statute, asum ofmoney for the purpose offunding any cost items contained inany collective
bargaining agreements entered into by the Board ofSelectmen, on behalf ofthe town, with any group of
employees, or, groups ofemployees, serving under itsjurisdiction, and toraise and appropriate, transfer from
available funds, orborrow pursuant toany applicable statute, such sums ofmoney asmay be necessary tofund
contracts forpersonal services with any individual employee, ortotake any other action related thereto.
Board of Selectmen
MOVED: That the sum of Eleven Thousand Four Hundred Eighty Five Dollars ($11,485) be raised
and appropriated from the fiscal year 2010 tax levy and other general revenues of the Town in order to
fund the cost items contained in acontract dated March 10, 2009 between the Town of Canton, as
represented by the Board of Selectmen, and the Administrative Employees Association, allocated to
supplement the following budgets as may be established for FY 2010:
Animal Control $2, 007
Building & Zoning 1, 937
Council on Aging 1, 757
Health Department 1, 790
Property Maintenance 2,130
Recreation Department 1,
864
TOTAL $11,
485
VOTE: 5-1-0
MAJORITY DISCUSSION: Town By-Laws require that Voters approve cost ofliving adjustments ( COLA’s)
and other compensation negotiated inUnion Contracts tothe extent such amounts exceed existing budget
appropriations. Prior toTown Meeting, the Town ofCanton and the AEA signed aMemorandum ofAgreement ( the
Agreement”), effective from July 1,2009 through June 30, 2011. The Agreement provides the included AEA union
members with a2.5%COLA for FY2010, and a3%COLA for FY2011. The COLAs are tobeapplied tothe base
wage schedule. Inaddition tothe COLA adjustment, the Agreement provides for anEquity Adjustment for the
Director ofthe Council on Aging (an amount totaling $700.00), forthe Building Commissioner ( an amount totaling
2,943.00), and for the Health Director (anamount totaling $5,227.00). Lastly, the Agreement provides aone-
time Early Retirement incentive inthe amount of $7,500.00, fortwo (2)members onan Association seniority basis.
MINORITY DISCUSSION: The Minority ofthe Finance Committee did not oppose offering the same COLA’s
agreed tobyother unions interms offairness tothese employees. However the Equity Adjustment offered inthis
contract isdifficult tojustify given the hard economic times currently facing the Town. Further, the Minority felt
that the Early Retirement incentive inpart three ofthe offer seems economically counterproductive asitactively
encourages highly skilled, productive employees toretire. The Town would need topay retirement health care and
benefits costs forthe retiring individuals inaddition topaying healthcare cost forthe people hired toreplace them.
Further the replacements are likely tobepeople with less knowledge and less experience and may receive similar
pay. The Town would be better off financially advocating that trained, knowledgeable people remain employed.
APPROVED__________ DISAPPROVED__________
ARTICLE 6
FUNDING OF COST ITEMS NOT IN DEPARTMENTAL BUDGETS
Article 6 Tosee what sum ofmoney the Town will vote toraise and appropriate, transfer from available funds or
borrow pursuant toany applicable statute for the purpose offunding cost items, not included indepartmental
budgets appropriated for FY10, for the twelve month period beginning July 1,2009, tobudget category
Department 910 without further appropriationfor collective bargaining agreements and/orindividual employees or
groups ofemployees serving under itsjurisdiction, asmay bereached after the conclusion ofthis Town Meeting
between the Town and bargaining units, and/orindividual employees orgroups ofemployees serving under its
14 -Source page 15
ANNUAL TOWN MEETING APRIL 27, 2009
jurisdiction, such sums tobe allocated topay for the relevant departments payroll expenses from budget
classification Department 910 asrequired bysuch agreements; and totake any other action related thereto.
Board of Selectmen
MOVED: That the subject matter of Article 6be indefinitely postponed.
VOTE: 7-0-0
DISCUSSION: The Finance Committee unanimously voted topostpone indefinitely Article 6. The Town
ofCanton regularly engages incontract negotiations, the timetables for which donot always fitthe timetable for
the Annual Town Meeting. This Article has historically allowed the Town and bargaining units toeffectively set
aside anestimated amount ofpayroll funds forcontracts that are settled after orduring ATM. Since there were no
such contract negotiations pending atthe time this Article was voted on bythe Finance Committee, the members
voted topostpone indefinitely.
APPROVED__________ DISAPPROVED__________
ARTICLE 7
SET SALARIES OF ELECTED OFFICERS
Article 7To see ifthe town will vote, inaccordance with the provisions ofsection one hundred and eight of
chapter forty-one (G. L.chapter 41, §108) tofixthe salary and compensation ofallelected officers ofthe town, or
totake any other action related thereto.
Board of Selectmen
MOTION 1
MOVED: That the salary and compensation for the Town Clerk be fixed at $66,093 for the fiscal
year July 1,2009 through June 30, 2010.
VOTE: 7-0-0
DISCUSSION: The Finance Committee unanimously supports this motion. The position isafull time
position inCanton. Under Massachusetts General Law, the Town Clerk’s salary and compensation must befixed
annually by vote atthe Annual Town Meeting. The salary and compensation ($ 66,093) recommended isasimple
2.5%cost ofliving increase over last year’s salary ($64,481), the same cost ofliving increase given the other
Town’s employees intheir contracts for FY10. The contract did not include any extra compensation for longevity
and asurvey compiled by the Town’s Human Resource Director found that the salary and compensation for the
Canton Town Clerk iscurrently the third lowest ofthe 12 surrounding towns. Given these facts, the Finance
Committee felt the increase insalary was justified.
APPROVED__________ DISAPPROVED__________
MOTION 2
MOVED: That the salary and compensation for all part-time elected officials of the town be
fixed, as follows:
Board of Assessors $ 2,400.00, for each member
Board of Health $600.00, for each member
Board of Selectmen $1,400.00, for each member, with an additional
200.00 to chairperson
Planning Board $0. 00
School Committee $ 0.00
VOTE: 7-0-0
DISCUSSION: The Finance Committee unanimously supports this motion. The current financial impact
on the general fund issmall.
15 -Source page 16
ANNUAL TOWN MEETING APRIL 27, 2009
Currently, Canton has six elected Boards but only three Boards (11 elected officials) receive compensation: the
Board ofSelectmen, the Board ofAssessors and the Board ofHealth. The annual cost for compensation is
16,200. Elected officials receiving compensation are also eligible for health, life and dental insurance, and are
eligible toparticipate inthe Norfolk County Retirement System. Atthe time this discussion was written, only two
ofthe eleven compensated elected officials participate inthe benefits program; costing the Town an additional
8700 inFY09. Three Boards (19 elected officials) receive no compensation: the Planning Board, School
Committee and Trustees ofthe Library.
Many years ago, members ofthe Board ofAssessors were compensated totravel around Canton tovalue
properties and the Board ofHealth was compensated for the various tests they performed. The original purpose
for compensating these Board Members nolonger exists. Today, aprivate firm isretained toset property values
and the medical tests are conducted bythe Board ofHealth employees and private contractors. Members ofthe
Finance Committee questioned the fairness and equity ofproviding compensation tosome Boards and Elected
Officials but not others. While the current cost tothe Town issmall, natural turnover ofthe various Boards could
impact the finances ofthe Town inthe future.
APPROVED__________ DISAPPROVED__________
ARTICLE 8
PAY BILLS OF PRIOR FISCAL YEAR
Article 8 Tosee ifthe town will vote toraise and appropriate, transfer from available funds orborrow
pursuant toany applicable statute asum orsums ofmoney topay any unpaid bills ofany prior fiscal year, orto
take any other action related thereto.
Board of Selectmen
MOVED: That the subject matter of Article 8be indefinitely postponed.
VOTE: 7-0-0
DISCUSSION: Atthe time ofthe vote, there were no bills tobe paid. Thus, the Finance Committee
unanimously voted topostpone indefinitely Article 8.
APPROVED__________ DISAPPROVED__________
ARTICLE 9
ADJUST FISCAL ‘09 ACCOUNTS
Article 9 To see ifthe town will vote toincrease orotherwise adjust the appropriations heretofore made
for the Fiscal Year 2009 beginning onJuly 1,2008 and ending onJune 30, 2009 and the revenues sources tomeet
those appropriations, asvoted pursuant toArticle 41 ofthe warrant for the 2008 Annual Town Meeting, and to
raise and appropriate, transfer from available funds orborrow pursuant toany applicable statute tomeet any such
increases oradjustments, ortotake any other action related thereto.
Board of Selectmen
MOTION 1
MOVED: That the appropriations voted for the fiscal year beginning on July 1,2008 and ending
on June 30, 2009 pursuant to Article 41 of the warrant for the 2008 Annual Town Meeting be
supplemented as follows:
16 -Source page 17
ANNUAL TOWN MEETING APRIL 27, 2009
BUDGET TO BE REVISED
SUPPLEMENTEDBALANCE
ACCOUNT # AMOUNTSOURCE OF FUNDS
1SNOW & ICE14232- 5530C300, 000484, 721FREE CASH
2PROPERTY REVALUATION11414- 52141300, 000300, 000OVERLAY SURPLUS
3ANIMAL CONTROL12921- 51950552132, 597EMPLOYEE CONTRACT BENEFIT ( DEPT # 910)
3ASSESSORS11411- 519503, 605232, 625EMPLOYEE CONTRACT BENEFIT ( DEPT # 910)
3BUILDING & ZONING12411- 519504, 028302, 436EMPLOYEE CONTRACT BENEFIT ( DEPT # 910)
3CONSERVATION COMM. 11711- 5195041259, 738EMPLOYEE CONTRACT BENEFIT ( DEPT # 910)
3COUNCIL ON AGING15411- 519501, 285194, 561EMPLOYEE CONTRACT BENEFIT ( DEPT # 910)
3EXECUTIVE AREA11291- 5195015, 074827, 442EMPLOYEE CONTRACT BENEFIT ( DEPT # 910)
3FINANCE DEPARTMENT11551- 5195023, 101823, 732EMPLOYEE CONTRACT BENEFIT ( DEPT # 910)
3FIRE DEPARTMENT12201- 519508, 8284, 211,829EMPLOYEE CONTRACT BENEFIT ( DEPT # 910)
3HEALTH DEPARTMENT15101- 519503, 885300, 485EMPLOYEE CONTRACT BENEFIT ( DEPT # 910)
3PLANNING BOARD11751- 5195092953, 717EMPLOYEE CONTRACT BENEFIT ( DEPT # 910)
3POLICE DEPARTMENT12101- 5195053, 5663, 595,611EMPLOYEE CONTRACT BENEFIT ( DEPT # 910)
3PROPERTY MAINTENANCE11921- 519503, 220384, 363EMPLOYEE CONTRACT BENEFIT ( DEPT # 910)
3PUBLIC LIBRARY16101- 5195018, 127940, 705EMPLOYEE CONTRACT BENEFIT ( DEPT # 910)
3PUBLIC WORKS14001- 5195045, 3281, 856,318EMPLOYEE CONTRACT BENEFIT ( DEPT # 910)
3RECREATION DEPARTMENT16301- 519503, 833370, 895EMPLOYEE CONTRACT BENEFIT ( DEPT # 910)
3TOWN CLERK11611- 519502, 990185, 891EMPLOYEE CONTRACT BENEFIT ( DEPT # 910)
3VETERANS' SERVICES15431- 5195094788, 164EMPLOYEE CONTRACT BENEFIT ( DEPT # 910)
TOTAL # 3189, 710
4SNOW & ICE14232- 5530C100, 000584, 721OVERLAY SURPLUS
SUPPLEMENTS 1,2AND 3VOTE: 8-0-0
SUPPLEMENT 4VOTE: 4-2-0
DISCUSSION:
Supplement # 1 The Finance Committee unanimously supports this motion. When this discussion was
being written, the Town had spent $800,565 forSnow and Ice expenses inFY09. Additional expenses are likely
before the end ofthe fiscal year. The FY09 budget forSnow and Ice was set at $185,000. Itisextremely difficult
toaccurately project the final expense foragiven winter season. The above average snowfall for this winter season
has forced the DPW toexceed the Snow and Ice budget. This $300,000 transfer will partially address the Snow and
Ice budget deficit. Anadditional $100,000 supplement for Snow and Ice isdiscussed inSupplement # 4ofthis
Article. The Finance Committee will consider utilizing the Finance Committee Reserve Fund foradditional funding
ofthe Snow and Ice budget.
Supplement # 2 The Finance Committee unanimously supports this motion. The Town isrequired to
conduct property re-evaluations every 2years and acomprehensive re-evaluation every 10years. Both must be
done inFY10 tomeet state laws. The Finance Committee feels that transferring $300,000 from the Assessors
Overlay Surplus tocover the cost ofthe property re-evaluations isanappropriate use ofthose reserve funds.
Supplement # 3 The Finance Committee unanimously supports this motion, as this isbasically an internal
transfer offunds for accounting purposes. The Town approved $142,983 tofund collective bargaining agreements
Article #6atATM 2008), which was placed inEmployee Contract Benefit budget [Department # 910]. The Town
also approved an additional $46,727 for funding contracts via FY09 budget article (Article #41) atATM 2008, which
17 -Source page 18
ANNUAL TOWN MEETING APRIL 27, 2009
was also placed inDepartment # 910. Thus transferring the $189,710 from Department # 910 toindividual budgets
listed inthe table tocover contract increases isappropriate.
Supplement # 4
MAJORITY DISCUSSION: The Majority ofthe Finance Committee supported amotion tofurther
supplement the Snow and Ice removal deficit with $100,000 from the Overlay Surplus. Atthe time the vote was
taken, the Finance Committee was informed that an additional $275,000 would be released from the Overlay
Surplus. Itwas believed that the Snow and Ice deficit would be $100,000 greater than the amount funded in
Supplement # 1above and the Majority voted tofund this deficit with the Overlay Surplus. The Board ofSelectmen
requested touse the Overlay Surplus tofund the deficit for Executive Legal Expenses. The Finance Committee was
not consulted when the Board ofSelectmen made their decision tosignificantly exceed the approved Town budget
for Legal Expenses tofight the Westwood development. No information was provided forthe Finance Committee to
assess whether the excess spending was prudent orjustified. The Finance Committee understands that the Board
ofSelectmen has control over other sources tofund this deficit. Therefore, the Finance Committee did not support
using the Overlay Surplus tofund the Executive Legal Expense deficit.
MINORITY DISCUSSION: The Minority ofthe Finance Committee supported the request from the Board of
Selectmen touse $275,000 from the Overlay Surplus tofund the deficit for Executive Legal Expenses. The
understanding ofthe Minority was that these funds were spent inthe efforts tocompel the Westwood Station
Development toinstall sufficient infrastructure tosupport their project. Such infrastructure will reduce traffic
traveling through Canton and thereby reduce the financial burden ofmaintaining and repairing roads impacted by
increased traffic. The additional benefit isthat the infrastructure will avoid an increase intraffic congestion onTown
roads. The Minority does agree that the Finance Committee should have been included inthe executive sessions
that considered the financial aspects ofthe legal proceedings and hopes that such an oversight will not occur inthe
future.
APPROVED__________ DISAPPROVED__________
MOTION 2
MOVED: That the Town transfer $260,078 from Free Cash to be used as an other financing
source in the general fund for FY09.
VOTE: 8-0-0
DISCUSSION: The Finance Committee unanimously supports this motion. Over the past 6years, the Finance
Committee has strongly recommended that the Town hold sufficient funds inreserve accounts tooffset any
unforeseen emergency that might arise. The wisdom ofthis recommendation isreflected inthe ability ofthe Town
torespond tothe unexpected reduction ofstate aid tothe Town for FY09. The ongoing financial crisis inthe
Commonwealth ofMassachusetts has resulted ina $ 260,078 reduction infunds from the state forthe current fiscal
year. Without sufficient amounts inreserve funds tooffset this loss, immediate budget cuts would have been
required inboth municipal and school departments. Transferring $260,078 from the Free Cash Reserve Fund to
replace the deficit instate aid will avoid the need for cuts and the resulting sudden loss ofTown services inFY09.
The Finance Committee recognizes that transferring $260,078 out ofreserves could jeopardize the Town’s AAA
bond rating due tothe fact that the total reserves will now fall below the 10%level expected bythe bonding
agencies. However, the Finance Committee feels the current unexpected financial emergency isexactly why
reserve funds are inplace and therefore, feels that accepting this risk isjustified.
APPROVED__________ DISAPPROVED__________
ARTICLE 10
TRANSFER UNEXPENDED PRIOR YEAR APPROPRIATIONS
Article 10 To see ifthe town will vote totransfer the unexpended balance ofcertain appropriations made
under various articles inthe warrants from prior town meetings, ortotake any other action related thereto.
Board of Selectmen
18 -Source page 19
ANNUAL TOWN MEETING APRIL 27, 2009
MOVED: That Sixty Two Thousand Nine Hundred Sixty Nine Dollars ($62,969) be appropriated to
be spent by the School Department for various HVAC projects and to meet this appropriation the sum of
Sixty Two Thousand Nine Hundred Sixty Nine Dollars ($62,969) be transferred from the appropriation
voted pursuant to Article 13 Motion 9of the 2005 Annual Town Meeting , thereby increasing the
appropriation voted pursuant to Article 12 Motion 5 of the 2006 Annual Town Meeting from One
Hundred Sixty Five Thousand Four Hundred Sixty Nine Dollars ($165,469) to Two Hundred Twenty
Eight Thousand Four Hundred Thirty Eight Dollars ($228,438).
VOTE: 6-0-0
DISCUSSION: The Finance Committee unanimously supports this motion. This isaconsolidation and transfer of
unused but approved expenditures of $62,969 from ATM 2005. The funds will be transferred toHVAC projects
under Article 13, Motion 9ofthe 2006 ATM and will beused on related projects within the School Department that
are not yet completed.
APPROVED__________ DISAPPROVED__________
ARTICLE 11
AUTHORIZE CONTRACTS OF MORE THAN THREE YEARS DURATION
Article 11 To see ifthe town will vote, inaccordance with the provisions ofsection twelve (b)ofchapter
thirty B,ofthe General Laws ofthe Commonwealth, toauthorize the finance director (inhis capacity aschief
procurement officer) tosolicit and award contracts for terms ofmore than three years, provided ineach such
instance the longer term isdetermined, prior tothe solicitation, tobe inthe best interest ofthe town by avote of
the Board ofSelectmen, ortotake any other action related thereto.
Board of Selectmen
MOVED: That the Finance Director ( in his capacity as chief procurement officer) be authorized
to solicit and award contracts for terms of more than three years, provided in each such instance the
longer term isdetermined to be in the best interest of the town by avote of the Board of Selectmen.
VOTE: 7-0-0
DISCUSSION: The Finance Committee unanimously supports Article 11. From time totime, itisinthe best
interest ofthe Town toenter into contracts with aduration exceeding three years. The Finance Director, asChief
Procurement Officer, should have the authority necessary topursue these contracts.
APPROVED__________ DISAPPROVED__________
ARTICLE 12
AUTHORIZE CERTAIN REVOLVING FUNDS
Article 12 To see what revolving funds pursuant to c.44, section 53E ½ ofthe General Laws ofthe
Commonwealth the town will authorize orreauthorize, for various boards, commissions ordepartments ofthe
town, for the fiscal year beginning July 1,2009 and ending June 30, 2010, ortotake any other action related
thereto.
Board of Selectmen
Article 12: The Finance Committee recommendation isasfollows:
MOVED: That the following revolving funds are hereby established pursuant to the provisions of
MGL chapter 44, section 53 E ½ for the Fiscal Year July 1,2009 through June 30, 2010.
19 -Source page 20
ANNUAL TOWN MEETING APRIL 27, 2009
ARTICLE 12
FY10
Revolving Name of Spending Spending
Fund # Revolving Fund Authority Revenue Sources UseofFunds Limit
Pequitside Farm Conservation Rental of Pequitside Farm, Rental of Little Maintaining, improving & renovation of $ 20,000
RentalsCommission Red House, Rental of Rooms in Main property as per master plan on file with Town annually
1
Building, Rental of Rooms in Tavern, Any Clerk.
other portion of building or grounds.
Veteran' s Veterans' Contributions, Donations, Gifts, Grants.Providing services to veterans not funded $ 30,000
Services Special Services under established program, including but not annually
Revenues Director limited to newsletter publication, monthly
2 breakfasts, funeral services, other
commemorative programs and other purposes
in the opinion of the Veterans' Director in the
best interests of Canton Veterans.
Fire Alarm Fire Chief Fees received by it from, or on behalf of Payment of bills and charges incurred in $ 20,000
3RelocationCommonwealth, any public utility, any other connection with relocation of fire alarm signal annually
business entity, or any individual person. wires, devices & other appurtenances.
COACouncil on Fees for providing transportation services to Payment of bills and charges in connection $ 10,000
4 Transportation Agingelderly citizens. with transportation of elderly. annually
Fund
Board of Health Board of Contributions, donations, gifts, grants, Providing services to Canton citizens not $ 15,000
Special Healthreimbursements. otherwise funded under established program, annually
Revenues including but not limited to flu vaccinations,
5 child and teenage health education &
development programs and elderly health
programs.
Animal Control Animal Control Contributions, donations, gifts, grants, Providing payment for veterinary services. $ 30,000
6 Special Officerreimbursements. annually
Revenues
Library Building Board of Fees for rental and use of Community or Paying bills, connected with the providing of $ 30,000
RentalsLibrary other assembly rooms used for meetings, maintenance and supply of facilities and for the annually
Trustees programs or other events, including support and safe conduct of said programs
7 payments for use of facilities and and events.
conveniences in conjunction with use of
spaces, as may be established by the Board
of Library Trustees.
Student Parking School Fees paid by students to park their vehicles Payment of bills and charges to maintain the $ 75,000
8 FeesCommittee at Canton High School. high school parking lots and grounds. annually
Greenlodge Board of Fees paid by residents and non-residents to Payment of bills and charges to maintain the $ 50,000
9 Street Parking Selectmenpark their vehicles along Greenlodge Street. program. annually
Fees
Beautification Beautification Fees received from the sale of bricks. Payment of services required to install bricks $ 10,000
10 FundCommittee and for other beautification projects. annually
Library Dues Board of Fees received for loss, damage or late return Payment of bills and charges for purchasing $ 30,000
FundLibrary of borrowed materials, replacement of books and other library materials for public annually
Trustees borrower cards, or any other such fees as loan.
11may be established by the Board of Library
Trustees, for the purpose of and consistent
with maintaining a fair and efficient library
loan system.
Soil Erosion and Conservation Fees received for permits and certificates of Payment of bills and charges to process $ 30,000
12 Sediment Control Commission compliance under Article 20 of the Town permits and certificates of compliance under annually
FundGeneral By-Laws. Article 20 of the Town General By-Laws.
VOTE: 7-0-0
DISCUSSION: The Finance Committee voted unanimously toincrease the spending limit for revolving Fund 2,
Veterans Service Department from $20,000 to $30,000 and Fund 3,Fire Department from $10,000 to $20,000.
Both departments provided reasonable justification that increasing these spending limits isneeded toeffectively
manage the donations and fees received and the needs ofthe population they serve and the services they provide.
There are noother changes toany other spending limits.
20 -Source page 21
ANNUAL TOWN MEETING APRIL 27, 2009
Revolving Fund #1
DISCUSSION: This article must be voted byTown Meeting annually toallow the Conservation
Commission tocontinue itsrevolving account. They currently have arevolving account towhich allrentals related
tothe use ofthe properties located onthe premises known asPequitside Farm are credited.
Revolving Fund #2
DISCUSSION: This article was requested by the Veterans’ Services Director toestablish arevolving
fund for special revenues received. The fund will be used toprovide services toveterans who are not otherwise
funded under any established program.
Revolving Fund #3
DISCUSSION: This article must bevoted byTown Meeting for the Fire Chief toestablish arevolving
fund forfees received tocompensate the department forrelocating fire alarm services.
Revolving Fund #4
DISCUSSION: This article must be voted byTown Meeting for the Council on Aging toestablish a
revolving fund towhich revenues derived from the transportation supplied tothe elderly citizens must becredited.
This fund must beused for the payment ofbills and charges inconnection with transportation for our elderly
citizens.
Revolving Fund #5
DISCUSSION: This article must be voted byTown Meeting for the Board ofHealth toestablish a
revolving fund fordonations and other reimbursement received. The fund will beused topurchase additional flu
vaccinations and offer educational programs on health-related topics not otherwise funded by their present annual
budget.
Revolving Fund #6
DISCUSSION: This article must be voted by Town Meeting forthe Animal Control Officer toestablish a
revolving fund for donations received. The fund will beused topurchase veterinary services not otherwise funded
bytheir present annual budget.
Revolving Fund #7
DISCUSSION: This article must bevoted byTown Meeting forthe Board ofLibrary Trustees toestablish
arevolving fund forbuilding rental fees and other payments received. The fund will be used tosupport the rental
programs and other related costs.
Revolving Fund #8
DISCUSSION: This article must be voted byTown Meeting for the School Committee toestablish a
revolving fund for fees paid bystudents topark their vehicles atCanton High School. The fund will be used for the
payments ofbills and other charges tomaintain the high school parking lots and grounds.
Revolving Fund #9
DISCUSSION: This article must be voted by Town Meeting for the Board ofSelectmen toestablish a
revolving fund for fees paid byresidents topark their vehicles onGreenlodge Street. The fund will be used for the
payments ofbills and other charges tomaintain the parking program. Atyear end, any balance inthis fund is
transferred tothe general fund.
Revolving Fund #10
DISCUSSION: This article must bevoted by Town Meeting forthe Beautification Committee toestablish
arevolving fund for fees paid by residents topurchase commemorative bricks. The fund will be used for the
payments ofbills and other charges toinstall bricks and for other beautification projects.
Revolving Fund #11
DISCUSSION: This revolving fund will allow the Library tokeep the fines they charge for books and
other materials that are returned late. This will help the library meet state requirements toreceive annual state
aid and certifications.
Revolving Fund #12
DISCUSSION: This article must bevoted by Town Meeting for the Conservation Commission to
establish arevolving fund for fees paid inaccordance with the Town’s soil erosion by-law. The fund will be used for
the payments ofbills and other charges toprocess permits and certificates ofcompliance under Article XXofthe
Town’s General By-Laws.
APPROVED__________ DISAPPROVED__________
21 -Source page 22
ANNUAL TOWN MEETING APRIL 27, 2009
ARTICLE 13
OMNIBUS” CAPITAL OUTLAY PROGRAM
Article 13 Tosee ifthe town will vote toraise and appropriate, ortotransfer from available funds, orto
authorize the Town Treasurer with the approval ofthe Board ofSelectmen, toborrow (and toissue bonds ornotes
therefore) any sum orsums ofmoney, orbyany combination ofthese methods offinancing asmay benecessary
ordesirable, make available funds for the purpose ofpurchasing, leasing, re-conditioning, improving orreplacing
any motor vehicles orother items ofequipment ormachinery orother items ofpersonal property for any town
agency, orfor the purpose ofcontracting for any service, orfor the design, repair, acquisition, construction,
replacement orrelocation orimprovement toany town building orother structure, public works facility (including
highway needs and traffic safety items), any other town owned facility orreal property, orfor any other purposes
for which borrowing may be authorized, topurchase, ortotake by eminent domain, any land oreasements
necessary forany such purposes and, where applicable, toauthorize the trade-inofany presently owned motor
vehicles, equipment ormachinery toreduce the purchase oracquisition cost ofany item tobe acquired, ortotake
any other action related thereto.
Board of Selectmen for Capital Planning Committee
MOTION 1
MOVED:
a) The acquisition of all vehicles and other motorized equipment that is authorized to be
purchased or otherwise acquired by any motion made under this warrant article shall be under the
responsibility of the Finance Director/ Chief Procurement Officer. In addition to the procurement, the
trade-in” or other disposition of all vehicles and other motorized equipment being replaced shall be
under the responsibility of the Finance Director/ Chief Procurement Officer. In all cases where by a
motion made under this warrant article, avehicle or other piece of motorized equipment is to be
acquired by atown agency such purchase or acquisition shall be subject to and bound by the detailed
specifications regarding such purchase or acquisition on file in the office of the Town Clerk; provided,
however, the Finance Director/ Chief Procurement Officer, may, in appropriate circumstances, waive or
modify the said detailed specifications, subject to avote of the Finance Committee, taken within 30
thirty) days following a decision to waive or to modify the foregoing provision requiring full
compliance with the specifications on file.
b) All building related projects which are approved and or funded by any motion made under
this article shall be under the responsibility of the Building Renovations Committee appointed pursuant
to Canton By-law, Article X, section 4,except as may be provided by any specific motion made pursuant
to this article.
VOTE: 8-0-0
MOTION 1
DISCUSSION: This motion authorizes the Finance Director tosupervise vehicle acquisitions and the Building
Renovations Committee tooversee allbuilding/land improvement projects.
APPROVED__________ DISAPPROVED__________
22 -Source page 23
ANNUAL TOWN MEETING APRIL 27, 2009
MOTION 2
MOVED: That Two Hundred Twenty Six Thousand Dollars ($226,000) be appropriated from the
Fiscal Year 2010 tax levy and other general revenues of the town for the Board of Selectmen to expend
with the approval of the Department head or Board or Commission indicated below for the purpose of
purchasing certain items of property set forth below for various Municipal Departments as follows:
CPC & FINCOM CPC
RECOMMENDATIONS FINCOM VOTE VOTE
Police Department
Purchase Three Patrol Cars $99,000 8- 0-0 7-0-0
Replace Bullet Resistant Vests 21,000 8-0-0 7-
0-0
Replace Patrol Motorcycle 11,000 8- 0-0 7-0-0
Fire Department
Ford F350 Pickup Truck (2nd year lease payment) 12,000 8-0-0 7-0-0
Finance
Replace Computer Hardware/ Software ( 10 systems) 10,000 8-0-0 7-0-0
Purchase Server/ Desktop Virtualization for Library 25,000 8-0-0 7-0-0
Buildings & Prop. Maintenance
Ford F350 Truck (2nd year lease payment) 12,000 8-0-0 7-0-0
Emergency Management
Purchase Emergency Shelter Supplies 15,000 8-0-0 7-0-0
Recreation
Sod Replacement/ Field Rehabilitation 10,000 8-0-0 7-0-0
Library
Workstations – Computers for Public Use (12 systems) 11,000 8-0-0 7-0-0
GRAND TOTAL $226,000
The amounts listed above for particular acquisitions are not to be construed as individual
appropriations. The sums shown are intended to be estimates of individual items but the amount
appropriated is one line item in the total sum of Two Hundred Twenty Six Thousand Dollars
226,000). The Finance Director and Town Administrator, acting jointly, are hereby authorized to
distribute such funds in such amanner as may be needed to accomplish the forgoing list of purchases;
provided, however, that each item contained in the list is procured and that the excess funds are
available because one or more items cost less than estimated and not because an item intended to be
procured isnot so procured.
MOTION 2
DISCUSSION:
Police Department
Purchase Three Patrol Cars ($99,000)
The Canton Police utilizes itsvehicles on 24X7basis forthe safety and security ofthe town. This isascheduled
replacement forhigh mileage vehicles.
Replace Bullet Resistant Vests ($21,000)
This isascheduled replacement ofbullet resistant vests forthe Canton Police. This isareplacement only ofvests
that have reached their five (5)year warranty.
Replace Patrol Motorcycle ($ 11,000)
This purchase will replace the current police patrol motorcycle with anew 2009 model. This vehicle isused for
traffic details and neighborhood patrols.
Fire Department
Ford F350 Pickup Truck (2nd year lease payment) ($ 12,000)
This isthe second payment ofafour year lease approved atCanton Town Meeting inFY2008 forthe fire
department.
23 -Source page 24
ANNUAL TOWN MEETING APRIL 27, 2009
Finance
Replace Computer Hardware/ Software ( 10 systems) ($ 10,000)
This purchase will replace approximately ten (10) systems intown municipal departments. AllPentium 4models,
under 2.0 GHz and ispart ofongoing annual upgrade and replacement.
Purchase Server/ Desktop Virtualization for Library ($25,000)
Project will replace the network switches and configure the library server tohost images for desktop users. This
will reduce the need fornew desktop computers and allow forfuture expansion.
Buildings & Prop. Maintenance
Ford F350 Truck (2nd year lease payment) ($ 12,000)
This request for FY2010 istofund the second offour annual lease payments needed topay forthe new F350 truck
asoriginally approved atthe 2008 annual town meeting.
Emergency Management
Purchase Emergency Shelter Supplies ($ 15,000)
This expenditure will supply the town with 200 folding cots, 400 disposable blankets, and 1cargo trailer. Items will
be available forthe organization ofanemergency shelter.
Recreation
Sod Replacement/ Field Rehabilitation ($ 10,000)
Ongoing sod and field rehabilitation attown fields scheduled on arotating basis. This allocation will be for the
Kennedy School Field in2009/10.
Library
Workstations – Computers for Public Use (12 systems) ($ 11,000)
Purchase of12new desktop PCs forthe library for public use. The current machines are six years old and have
suffered numerous breakdowns and failures. Used for library database search and cataloguing.
APPROVED__________ DISAPPROVED__________
MOTION 3
MOVED: That One Hundred Sixty Nine Thousand Dollars ($169,000) be appropriated from the
Fiscal Year 2010 tax levy and other general revenues of the town, for the Canton School Committee to
expend for the purpose of purchasing certain items of property set forth below for the School
Department as follows:
CPC & FINCOM CPC
RECOMMENDATIONS FINCOM VOTE VOTE
Technology
Hansen – Computers $ 21,000 7- 1- 0 7- 0- 0
with existing computers to be disposed of)
JFK – Paging System 8, 000 7- 1- 0 7- 0- 0
HS – Assorted Items 35,000 7- 1- 0 7- 0- 0
Systemwide – Computers/ Other Peripheral Equip. 75,000 7-1-0 6-1-0
Building Improvements
Hansen – Security Card Reader 5,000 7-1-0 7-0-0
Program Improvements
Elementary – Risers/ Curriculum/ Wellness 5,000 7-1-0 7-0-0
Extraordinary Maintenance
JFK/ Systemwide – Consolidated requests 14,000 7-1-0 7-0-0
Furniture & Fixtures
Hansen – Desks and Chairs 6,
000 7-
1-0 7-
0-0
GRAND TOTAL $169,000
24 -Source page 25
ANNUAL TOWN MEETING APRIL 27, 2009
The amounts listed above for particular acquisitions are not to be construed as individual
appropriations. The sums shown are intended to be estimates of individual items but the amount
appropriated is one line item in the total sum of One Hundred Sixty Nine Thousand Dollars ($169,000).
The Finance Director and the Business Manager of the School Department, acting jointly, are herby
authorized to distribute such funds in such amanner as may be needed to accomplish the forgoing list
of purchases; provided, however, that each item contained in the list isprocured and that the excess
funds are available because one or more items cost less than estimated and not because an item
intended to be procured isnot so procured.
MOTION 3
DISCUSSION:
Technology – ($ 139,000)
Purchase Hansen Mobile Wireless Laptop Carts to Replace Computer Lab ($20,715)
To regain classroom space, the Hansen will be dismantling the computer lab. The current lab’s 30 workstations will
be replaced by three mobile wireless laptop carts that house 12laptops and awireless printer each. The laptop
carts will bemoved from classroom-to-classroom toprovide technology-enhanced learning experiences.
Repair JFK Audio/ Video Distribution Systems ($ 8,500)
The JFK’s current clock and paging system does not work properly and itsaudio and video distribution system is
insufficient for both normal and emergency situations. This project will repair the school’svideo distribution
system and repair orinstall additional speakers toassure complete coverage forallemergency announcements. It
will also replace the failing clock and paging system throughout the school.
Upgrade Memory in CHS High School Computer Lab PCs ($6,000)
The existing PCs inthe high school computer lab require additional memory tokeep pace with upgraded application
software. This memory upgrade will provide approximately 150 ofthe lab’s PCs with additional memory.
Purchase District Application Server at CHS ($7,992)
The district’sWide Area Network (WAN) project has recently been completed. This new application server will
utilize this improved connectivity and serve the entire district.
Upgrade CHS Art Department Apple Network ($12,524)
This purchase would upgrade the Apple network inthe Art Department’svisual arts program, adding necessary
network hardware, software and bandwidth.
Upgrade CHS Art Department Apple Software ($ 3,175)
This purchase would upgrade the Apple software on11student stations and 1teacher workstation inthe Art
Department’svisual arts program, keeping the computers current and compatible with today’stechnology.
Upgrade CHS Art Department Non-Apple Software ($ 2,612)
This purchase would upgrade non-Apple software on 11 student stations inthe Art Department’svisual arts
program, keeping the computers current with today’stechnology and centralizing administrative controls.
Replace CHS TV Studio Computer ($ 2,784)
The TVStudio workstation computer isseven years old and sometimes inneed ofrepair, with an obsolete chip set.
This purchase replaces the old PC with anew Mac Book Pro.
Replace Faculty/ Teacher Computers System-wide ($39,600)
Many ofthe system’sfaculty/teacher computers are older Pentium 3sand Pentium 4sand need tobe replaced as
part ofCanton’sdistrict replacement plan. This replacement will include approximately 50desktop PCs and
monitors and improve overall performance and productivity.
Replace CHS Science Laptops ($ 32,000)
The CHS Science laptops are outdated. This purchase would replace approximately 30laptops inboth Science Lab
Mobile carts along with wireless printers and routers.
Replace District Laser Printers ($1,500)
Some ofthe district’solder laser printers are routinely non-functional. This purchase would replace approximately
two (2)laser printers with duplexers.
Replace Wireless InkJet Printers ($2,040)
Some ofthe district’solder InkJet printers are routinely non-functional. This purchase would replace approximately
ten (10) printers with BlueTooth ready InkJet printers.
25 -Source page 26
ANNUAL TOWN MEETING APRIL 27, 2009
Building Improvements
Hansen – Security Card Reader ($ 5,000)
This istopurchase asecurity lock system foranexterior door atthe Hansen School that does not have aproper
device and isrisk forbuilding access.
Program Improvements - ($ 5,000)
Purchase Additional Elementary flipForm Risers for Performing Arts Department ($ 2,879)
Flipform platforms are lightweight risers that can fold and unfold into stage platforms and benches. Four additional
units are needed tosafely accommodate the large number ofstudents ingeneral music classes and chorus groups
atthe Hansen, Luce and JFK. The need isparticularly urgent atHansen and Luce, where music classes are now
held on the school’sstages.
Purchase Elementary Wellness Curricula and Equipment ($ 2,195)
Project Adventure isacooperative and non-competitive curriculum that seeks todevelop responsible individuals,
productive students and sustainable communities through critical-thinking activities and challenges. This project
involves the purchase ofFitness Adventure curriculum and equipment, tobe shared between the Luce and Hansen
Schools, that offer cutting-edge physical education and health/wellness activities.
Extraordinary Maintenance
JFK/ Systemwide – Consolidated requests ($ 14,000)
Purchase floor care equipment ($11,000) and Lawn Care Equipment ($ 1000) for the JFK School.
Furniture & Fixtures
Hansen – Desks and Chairs ($6,000)
Purchase 30student desk and chairs fornew classroom configuration atthe Hansen School toincrease capacity.
MOTION 4
MOVED: That Two Hundred Forty Two Thousand Dollars ($242,000) be appropriated to be spent by
the Board of Selectmen to pay costs of various capital projects and equipment as set forth below and to
meet said appropriation the Town Treasurer, with the approval of the Board of Selectmen, be
authorized to borrow, pursuant to any applicable statute or any other enabling authority as may be, the
sum of Two Hundred Forty Two Thousand Dollars ($242,000).
FINCOM CPC
RECOMMENDATIONS FINCOM VOTE VOTE
Replace Two (2) Life Pak-12 Defibrillators $ 51,000 8-0-0 7-0-0
Upgrade Communication Equip. – Radio System 29,000 8-0-0 7-0-0
Townwide Traffic Study (includes Pleasant & Wash. St.) 0 8-0-0
Replace Dump Body – 2004 Sterling L8500 42,000 8-0-0 7-0-0
Repairs to Stone Wall at Memorial Hall 85,000 8-0-0 7-0-0
Insulation at Memorial Hall 35,000 8- 0- 0 7- 0-0
TOTAL $242,000
The sums shown are intended to be estimates of individual items but the amount to be appropriated is
one line item in the total amount of Two Hundred Forty Two Thousand Dollars ($242,000). The Finance
Director and the Town Administrator, acting jointly, are hereby authorized to distribute such funds in
such manner as may be needed to accomplish the foregoing list of projects; provided, however, that
each project contained in the list set forth above is undertaken and that any excess funds are available
because one or more of the listed projects cost less than was estimated and not because aproject
intended to be undertaken is not so undertaken.
MOTION 4
DISCUSSION:
Replace Two (2) Life Pak-12 Defibrillators ($ 51,000)
This isfor the replacement ofthe existing Lifepak – 12’s. This system monitors cardiac condition for the
paramedics and updates the hospital ERonthe condition en route tothe hospital. This will update the town
ambulances with the most current equipment available.
26 -Source page 27
ANNUAL TOWN MEETING APRIL 27, 2009
Upgrade Communication Equip. – Radio System ($ 29,000)
This will replace ten (10) portable radios that are 16 years old and insure reliable communication with fire fighters
onthe scene ofanincident and Canton Fire Headquarters and other fire units.
Town Wide Traffic Study ($67,000)
FINANCE COMMITTEE DISCUSSION: The Finance Committee supported allofthe recommendations ofthe
CPC with the exception ofthe $67,000 for acomprehensive traffic study. On this one issue, the Finance Committee
voted unanimously topostpone indefinitely. The Finance Committee felt that the numerous traffic studies done
over the past 5years forvarious developments ( i. e.,Plymouth Rubber, Roseland, Indian Woods, etc.), combined
with the experiences ofpersonnel inthe Fire Department and Police Department and the school bus drivers could
provide afairly healthy assessment oftraffic conditions throughout the town. The Committee isaware ofthe traffic
suggestions VHB offered inits 1998 comprehensive traffic study (i. e.,expanding roads to4lanes, installing
numerous traffic lights, etc.) and felt that similar recommendations could not beimplemented due tothe current
economic challenges the Town isfacing. Thus, the Finance Committee felt that the proposed traffic study could not
be financially justified atthis time.
Town Wide Traffic Study ($67,000)
CAPITAL PLANNING COMMITTEE DISCUSSION: Master Plan Report onthe traffic impact analysis ofthe
existing and projected volumes inatown wide area generally bounded by 95tothe west, 128 tothe north, Bailey
and High Sts. tothe east, and Washington St. tothe south. The goal istodevelop amore precise understanding
ofthe traffic flow through the study area with afocus onthe Sherman, Washington, Dedham, Pleasant St. core.
Potential intersection safety and capacity improvements fordeficient locations will be identified forinclusion inlong
range regional and local improvement plan.
Replace Dump Body – 2004 Sterling L8500 ($42,000)
Replace Truck 21 Dump Body ($42,000)
With Town Meeting approval for FY07, Public Works began aprogram ofreplacing dump bodies and sanders in
need ofrepair with stainless Dump/Spreader combination bodies. The bodies and sanders would need extensive
repairs but the truck was ingood condition with useful life ahead. Highway Division Truck 21qualifies asthe body
needs repair and the sander has been taken out ofservice due tocorrosion and need for hydraulic system
replacement.
Repairs to Stone Wall at Memorial Hall ($85,000)
This funding will enable the rebuilding ofthe stone wall infront ofMemorial Hall. Project scope includes complete
rebuilding ofwall and install new supports toelevated driveway and foundations.
Insulation at Memorial Hall ($35,000)
This project will install insulation inallexterior walls ofMemorial Hall, which iscurrently experiencing high energy
loss.
APPROVED__________ DISAPPROVED__________
MOTION 5
MOVED: That Five Hundred Seventy Eight Thousand Dollars ($578,000) be appropriated to be spent
by the School Committee to pay costs of various capital projects and equipment as set forth below for
the School Department and to meet said appropriation the Town Treasurer, with the approval of the
Board of Selectmen, be authorized to borrow, pursuant to any applicable statute or any other enabling
authority as may be, the sum of Five Hundred Seventy Eight Thousand Dollars ($578,000).
CPC & FINCOM CPC
RECOMMENDATIONS FINCOM VOTE VOTE
Systemwide HVAC Replacements $ 112,000 8-0-0 7-0-0
Systemwide Plumbing Improvements 79,000 5-3-0 6-0-1
Luce – Roof Replacement 310,000 8- 0-0 7- 0- 0
Galvin Middle School – SPED Acoustical Panels 41,000 8-0-0 7-0-0
Systemwide Interschool/ Town Radio System 36,000 8-0-0 7-0-0
TOTAL $578,000
27 -Source page 28
ANNUAL TOWN MEETING APRIL 27, 2009
The sums shown are intended to be estimates of individual items but the amount to be appropriated is
one line item in the total amount of Five Hundred Seventy Eight Thousand Dollars ($578,000). The
Finance Director and the School Business Administrator, acting jointly, are hereby authorized to
distribute such funds in such manner as may be needed to accomplish the foregoing list of projects
subject to the approval of the Building Renovations Committee; provided, however, that each project
contained in the list set forth above isundertaken and that any excess funds are available because one
or more of the listed projects cost less than was estimated and not because aproject intended to be
undertaken is not so undertaken.
MOTION 5
DISCUSSION:
Systemwide HVAC Replacements ($ 112,000)
Ongoing five year master plan formaintenance and limited replacement ofHVAC equipment atLuce, Hansen and
Kennedy Elementary Schools, Galvin Middle School, Rodman Administration Building and Canton High School.
Systemwide Plumbing Improvements ($ 79,000)
Projects for2009/10 include Rodman Center, new teacher bathroom. Hansen School, new teacher bathroom, ( ADA
Upgrade), GMS Art rooms 103 and 104 upgrade plumbing. GMS upgrade admin break room. CHS Lower Memorial
Field upgrade plumbing.
Luce – Roof Replacement ($ 310,000)
Inarecent building this roof structure was found with many flaws and inneed ofrepair. This isconsistent with
ongoing roof replacement schedule atalloftown school buildings asrequired forsafety and maintenance issues.
Galvin Middle School – SPED Acoustical Panels ($41,000)
This ispurchase customized acoustical panels forrequired needs ofstudents who attend the Galvin School. This is
aspecial education mandate.
Systemwide Interschool/ Town Radio System ($36,000)
This isfor the purchase ofradios that would be used inthe event ofaemergency toenable the schools tohave
contact with each other inacentralized manner. School Safety officer and school officials todevelop operations
plan tomanage and utilize system.
APPROVED__________ DISAPPROVED__________
Motion 6
MOVED: That Sixty Thousand Dollars ($60,000) be appropriated to be spent by the Department
of Public Works Superintendent with the approval of the Board of Selectmen for the purpose of
purchasing autility truck and to meet said appropriation Sixty Thousand Dollars ($60,000) be
transferred from the water enterprise surplus.
VOTE: 8-0-0
MOTION 6
DISCUSSION:
Replace 2000 Ford F250 Utility 4x4 ($60,000)
Truck 4has 104,400 miles ofuse. The recommended replacement cycle for this type ofvehicle isten years or
60,000 miles. Public Works has spent $13,765 onrepairs and upkeep since 2000. This isthe Water/Sewer
Supervisor’svehicle. Itisused onemergency calls after hours and forsnow fighting.
APPROVED__________ DISAPPROVED__________
MOTION 7
MOVED: That Nine Hundred Thousand Dollars ($900,000) be appropriated to be spent by the
Department of Public Works Superintendent with the approval of the Board of Selectmen to pay costs
of Phase 2Water System Improvements and to meet said appropriation the Town Treasurer with the
28 -Source page 29
ANNUAL TOWN MEETING APRIL 27, 2009
approval of the Board of Selectmen be authorized to borrow pursuant to any applicable statute or any
other enabling authority as may be, the sum of Nine Hundred Thousand Dollars ($900,000). It isthe
intent that the bonds and notes issued pursuant to this authority be general obligations of the Town
but are to be repaid in the first instance from water revenues.
VOTE: 8-0-0
MOTION 7
DISCUSSION: The upgrades inthe High School area are needed toincrease pipe capacity toenhance water
pressure for use by the Fire Department inemergencies. The construction will close loop dead ends on Cotter,
Lewis, Wildewood and Legion Streets. The work will mainly be cross country through Canton School property. The
6inch main atMeadows Avenue and Casey Street, which has experienced numerous breaks toits poor condition,
will bereplaced with an8inch pipe.
APPROVED__________ DISAPPROVED__________
MOTION 8
MOVED: That Three Million Dollars ($3,000,000) be appropriated to be spent by the Department
of Public Works Superintendent with the approval of the Board of Selectmen to pay costs of Elm Street
Transmission Main Improvements and to meet said appropriation the Town Treasurer with the approval
of the Board of Selectmen be authorized to borrow pursuant to any applicable statute or any other
enabling authority as may be, the sum of Three Million Dollars ($3,000,000). It is the intent that the
bonds and notes issued pursuant to this authority be general obligations of the Town but are to be
repaid in the first instance from water revenues.
VOTE: 7-0-1
MOTION 8
DISCUSSION:
This project will replace 12” Water Main from MWRA connection on Dedham Street from the Westwood town line,
ending with aconnection on Royall Street, 12” main. The transmission main will run from Cumberland Farms
property under Rt95, toStandish Drive, toElm St, under Rt128 toGreen Street and toRoyall Street. The current
water main on Elm Street has been repaired 15 times since 2000 and needs urgently tobe upgraded. Inaddition
Royall Street iscurrently supplied with water from the Town ofMilton and this will cease in2010 and will require
Canton toprovide the water supply for Royall Street. The project also provides Canton with aredundant and safer
MWRA connection forCanton’sWater System.
APPROVED__________ DISAPPROVED__________
Motion 9
MOVED: That Two Hundred Seventy Six Thousand Dollars ($276,000) be appropriated to be
spent by the Department of Public Works Superintendent with the approval of the Board of Selectmen
to pay costs of purchasing dump truck and aloader and to meet said appropriation the Town Treasurer
with the approval of the Board of Selectmen be authorized to borrow pursuant to any applicable statute
or any other enabling authority as may be, the sum of Two Hundred Seventy Six Thousand Dollars
276,000). It is the intent that the bonds and notes issued pursuant to this authority be general
obligations of the Town but are to be repaid in the first instance from water revenues.
VOTE: 8-0-0
MOTION 9
DISCUSSION:
Replace 1994 Ford L8000 Dump Truck ($148,000)
This Truck has 61,000 miles ofuse. The recommended replacement cycle forthis type ofvehicle isten years or
60,000 miles. Public Works has spent $21,100 onrepairs and upkeep since 2000.
29 -Source page 30
ANNUAL TOWN MEETING APRIL 27, 2009
Replace 1993 Volvo L50 Loader ($128,000)
The Water Division Loader has 8,900 hours ofuse. This piece ofequipment isused onthe job site and for snow
fighting. MMA Group’sDPW Operation Review suggests replacing this type ofequipment at12 years or3,000
hours. Public Works has spent $40,000 onrepairs and upkeep since 2000.
APPROVED__________ DISAPPROVED__________
Motion 10
MOVED: That One Hundred Fifty Thousand Dollars ($150,000) be appropriated to be spent by
the Department of Public Works Superintendent with the approval of the Board of Selectmen to pay the
costs of acomprehensive water resource management plan (sewer component) and to meet said
appropriation One Hundred Fifty Thousand Dollars ($150,000) be transferred from the sewer
enterprise surplus.
VOTE: 8-0-0
MOTION 10
DISCUSSION: This project isamandated initiative required by the Water Resource Commission and Mass DEP
due tothe development ofadditional water sources and expansion ofthe town wide sewer systems. This ispart of
acohesive master water planning guide toconserve and preserve water and the town’s groundwater supply.
APPROVED__________ DISAPPROVED__________
Motion 11
MOVED: That Ten Thousand Dollars ($10,000) be appropriated to be spent by the Department of
Recreation Director with the approval of the Board of Selectmen to pay the costs of rehabilitation of
compressor Unit 2and to meet said appropriation Ten Thousand Dollars ($10,000) be transferred from
the rink enterprise surplus.
VOTE: 8-0-0
MOTION 11
DISCUSSION: This project will recondition compressor # 2atthe town skating rink toinsure continued reliability
and use forthe future.
APPROVED__________ DISAPPROVED__________
MOTION 12
MOVED: That Two Hundred Twenty Five Thousand Dollars ($225,000) be appropriated to be
spent by the Fire Chief with the approval of the Board of Selectmen for the purpose of purchasing an
ambulance and to meet said appropriation the Town Treasurer with the approval of the Board of
Selectmen be authorized to borrow pursuant to any applicable statute or any other enabling authority
as may be, the sum of Two Hundred Twenty Five Thousand Dollars ($225,000). The bonds and notes
to be issued pursuant to this vote shall be general obligations of the Town with the intent that the debt
service principal and interest isto be repaid in the first instance from Ambulance Receipts Reserved for
Appropriation Account.
VOTE: 8-0-0
MOTION 12
DISCUSSION: This purchase will replace anexisting unit that isbeginning toshow increased maintenance and
has 3781 engine hours equal to151,000 road miles. This unit was used heavily when the town cut back toone
ambulance and isbeginning toshow extensive wear.
APPROVED__________ DISAPPROVED__________
30 -Source page 31
ANNUAL TOWN MEETING APRIL 27, 2009
MOTION 13
MOVED: That Nine Thousand Dollars ($9,000) be spent by the Town Clerk with the approval of
the Board of Selectmen for avoting system and to meet said appropriation that Nine Thousand Dollars
9,000) be transferred from the appropriation voted pursuant to Article 26 of the 2000 Annual Town
Meeting for the purpose of purchasing record retention services thereby reducing the appropriation
from Forty Thousand Dollars ($40,000) to Thirty One Thousand Dollars ($31,000).
VOTE: 8-0-0
MOTION 13
DISCUSSION: The Global Election Management System isasoftware system used totally and consolidate
election results from each ofour sixprecincts and report the results. This would replace the town’s current “Voter
Tally System” which is10 years old and nolonger supported bythe software company supplier.
APPROVED__________ DISAPPROVED__________
ARTICLE 14
AMEND ZONING BY-LAW BY CREATING A “ROUTE 138 ECONOMIC OPPORTUNITY OVERLAY DISTRICT
EOD)
Article 14 Tosee whether the Town will vote toamend the Zoning By-Law, asmost recently amended, byadding
the following new Section 5.11, ortake any other action inrelation thereto.
5.11Route 138 Economic Opportunity Overlay District By-law
There ishereby established aRoute 138 Economic Opportunity Overlay District (Route 138 EOD) Zoning By-Law.
The Route 138 EOD isshown on amap entitled “Route 138 Economic Opportunity Overlay District” dated
December 1,2008, which map ishereby incorporated by reference inthis Section 5.11.
5.11.1Purposes
This Section 5.11shall apply only tothose parcels located entirely within the boundary ofthe Route 138 EOD.
The Route 138 EOD isestablished forthe accomplishment ofthe following purposes:
A. Topromote the economic health and stability ofthe Town by encouraging development and
economic investment inthe Route 138 EOD that will generate employment and tax revenue; and
B. Todesignate, byatwo-thirds town meeting vote, allparcels incorporated into this Route 138
EOD (see map incorporated by reference) asan economic opportunity area pursuant toChapter
23A ofthe General Laws; and
C. Toprovide additional planning flexibility for projects located inthe Route 138 EOD, including
enhancing the coordination ofthe project with the environmental and natural features ofthe
development site; and
D. Toencourage mixed-use development, including but not limited to,offices, retail shops, and
multi-family housing; and
E. To permit and encourage the development ofparks and open spaces, which would be available
for use bythe general public, asacondition for the grant ofaspecial permit pursuant tothis
Section 5.11 authorizing anincrease inthe otherwise permissible density ofpopulation or
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ANNUAL TOWN MEETING APRIL 27, 2009
intensity ofaparticular use inaproposed development pursuant tothe requirements ofthis
Section 5.11; and
F. To permit the use ofnew development standards which will promote the desired changes inthe
Route 138 EOD; and
G. Toprovide information onthe potential impacts ofaproposed development; and
H. Toenable the Special Permit Granting Authority (SPGA) torequire adherence to "Site
Development and Use Plans" inthe granting ofaspecial permit.
5.11.2Definitions
For the special purposes ofthis Section 5.11, the following words and phrases shall have the meaning
hereinafter indicated:
A. Building Height: Building height shall belimited asset forth inthis Section 5.11.11and
measured asset forth inthe State Building Code 780 CMR 101.0etseq.
B. Buildable Lot Area: Abuildable lotarea shall beasingle continuous tract ofland located
entirely within the Route 138 EOD which iscontiguous with the frontage, and which excludes any
land defined as a "Resource Area" under the Massachusetts Wetlands Protection Act (MGL
Chapter 131, Section 40) and any required yard area.
5.11.3Scope of Authority
The Route 138 EOD shall bean overlay district and shall not restrict the owner'srights relative tothe
underlying zoning districts. However, ifthe owner selects touse the Route 138 EOD fordevelopment purposes,
the development shall conform tothe requirements ofthis Section 5.11and shall require the issuance ofa
Special Permit from the Special Permit Granting Authority (SPGA).
5.11.4Special Permit Granting Authority
The Board ofAppeals ishereby designated asthe Special Permit Granting Authority (SPGA) for allpurposes
under this Section 5.11. AllSpecial Permit applications pursuant tothis Section 5.11shall conform tothe
standards and criteria ofthis Section 5.11 and the Zoning Board ofAppeals Rules and Regulations governing
the administration ofapplications for special permits.
Under this Section 5.11, nobuilding shall beconstructed orexternally enlarged, and nouse shall beexpanded
inground area, orestablished inanexisting building except inconformity with aSpecial Permit issued bythe
Board ofAppeals and aSite Development and Use Plan that bears the endorsement ofapproval bythe Board
ofAppeals. Requirements and Procedures for approval ofsuch Site Development and Use Plan shall be in
accordance with Article III.Section 3.0 Site Plan Approvals and this Section 5.11.
Construction oroperations under abuilding permit oraSpecial Permit shall conform toany subsequent
amendment ofthe Zoning By-Law, unless the use orconstruction iscommenced within aperiod ofnot more
than six months after the issuance ofthe permit and such construction iscontinued through tocompletion as
continuously and expeditiously asisreasonable.
5.11.5Objectives
Inaddition tothe specific criteria contained within this section, the SPGA shall issue aSpecial Permit for
development within the Route 138 EOD only after consideration ofthe project'scompliance with the following
additional criteria:
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ANNUAL TOWN MEETING APRIL 27, 2009
A. Adequacy ofthe site interms ofthe size ofthe proposed use(s);
B. Adequacy ofthe provision ofopen space, itsaccessibility tothe general public, and/orits
association with adjacent orproximate open space areas;
C. Suitability ofthe site for the proposed use(s);
D. Impact ontraffic and pedestrian flow and safety;
E. Impact onthe visual character ofthe neighborhood;
F. Adequacy ofutilities, including sewage disposal, water supply and storm water drainage; and
G. Degree towhich the proposed project complies with the goals and purposes ofthis Section 5.11.
5.11.6Sub-Districts
The Sub-Districts ofthe Route 138 EOD shall besegmented along the length ofRoute 138 asfollows:
A. Route 138 EOD Sub-District Area “A”: That area ofthe Route 138 EOD that runs from the
Milton town line tothe Interstate 93/95 overpass (Yankee Division Highway).
B. Route 138 EOD Sub-District Area “B”: That area ofthe Route 138 EOD that runs from the
southern side ofthe Turnpike Street/Randolph Street intersection tothe northern side ofthe
Turnpike Street/Tracywood Road intersection.
The Sub-District Areas are shown on amap entitled “Route 138 Economic Opportunity District (Sub-
Districts A-B)”dated December 1,2008, which map ishereby incorporated byreference inthis
Section 5.11.
5.11.7Uses Permitted
A. Within the Route 138 EOD Sub-District Area “A”,the Board ofAppeals may issue aspecial
permit authorizing the following uses:
A1.Restaurants, and other on-premises eating and drinking establishments, including
related on and offsite catering services and on site function facilities, aswell asrelated
mechanical and/orlive entertainment.
A2.Scientific orresearch laboratory.
A3.Pharmaceutical orother medical research ormanufacturing facility.
A4.All uses allowed byright orbyspecial permit inthe underlying zoning district.
No building orstructure shall bedesigned, arranged orconstructed and nobuilding, structure
orland shall beused, inwhole orinpart, for any purpose other than forone ormore ofthe
uses herein set forth aspermissible byspecial permit.
B. Within the Route 138 EOD Sub-District Area “B”,the Board ofAppeals may issue aspecial
permit authorizing the following uses:
B1.Retail stores, shopping centers/plazas, offices including salesrooms and showrooms,
consumer service establishments, business and professional offices, executive and
administrative offices, banks and other financial institutions.
B2.Restaurants, fast food establishments, and other on-premises eating and drinking
establishments, including drive-through and take-out facilities, including related on and
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ANNUAL TOWN MEETING APRIL 27, 2009
off site catering services and on site function facilities, aswell asrelated mechanical
and/orlive entertainment.
B3.Any ofthe uses permitted asofright inany Business District listed inSection 2.14.1E-
2.14.1P
B4.Health, health spa, exercise, orsporting event club orvenue.
B5.Theater (live and/ormotion picture), bowling alley, billiards/pool hall, dance hall,
arcades featuring coin/card operated entertainment devices, orother indoor amusement
orindoor amusement activity.
B6.Scientific orresearch laboratory.
B7.Pharmaceutical orother medical research ormanufacturing facility.
B8.Multi-family residential buildings with aminimum ofsix (6)housing units per building,
which may beage-restricted atthe applicant’sdiscretion, subject toapplicable age-
restriction regulations.
B9.All uses allowed byright orbyspecial permit inthe underlying zoning district.
No building orstructure shall bedesigned, arranged orconstructed and nobuilding, structure
orland shall beused, inwhole orinpart, for any purpose other than forone ormore ofthe
uses herein set forth aspermissible byspecial permit.
5.11.8Standards and Criteria
A. Minimum Lot Size and “Buildable Lot Area”
A1. The minimum lot size is10,000 square feet of "buildable lot
area." The lot must contain the "buildable lot area" inasingle,
contiguous site within the boundaries ofthe Route 138 EOD. The
Board ofAppeals by grant ofaspecial permit pursuant tothis Section
5.11 may allow alotsize ofless than 10,000 square feet ofbuildable
lotarea upon afinding bythe Board ofAppeals that such reduced lot
size shall serve the purposes and objectives ofthe Route 138 EOD as
stated inSections 5.11.1and 5.11.5 herein.
A2. Noportion ofaway orstreet, asdefined bythe by-law may be
included incomputing the minimum required "buildable lotarea".
A3. “Bonus buildable lot area factor”. Inthe event that no less
than ninety percent (90%)ofthe total designated parking fora
property contained within the Route 138 EOD iscontained in “structure
parking” pursuant tosections 5.11.14E and 5.11.14F, twenty-five
percent (25%)ofany land onthe site which isdefined asa "Resource
Area" under the Massachusetts Wetlands Protection Act (MGL Chapter
131, Section 40) shall bepermitted tobecounted towards “buildable
lot area” solely fordensity calculation and parking area purposes.
B. Lot Coverage
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ANNUAL TOWN MEETING APRIL 27, 2009
Nobuilding shall be constructed soastocover, together with any other building on the lot,
more than fifty (50) percent ofthe "buildable lotarea".
C. Minimum Lot Frontage and Access
C1. Lots shall have aminimum frontage ofone hundred twenty (120) feet and atleast one
means ofingress/egress. Each means ofingress/egress shall have acontinuous frontage of
not less than sixty feet.
C2. Allparcels for which aSpecial Permit under the Route 138 EOD issought must have
primary access via route 138 orvia aroute that has primary access via route 138 inorder to
be considered foraspecial permit.
5.11.9Density
No building orstructure shall be designed, arranged orconstructed and no building, structure orland shall
beused, inwhole orinpart, which exceeds the densities specified below for residential and non-
residential uses.
A. One dwelling unit per 5,000 S.F. of "buildable lot area" orportion thereof for multifamily
residential purposes.
B. Four thousand (4,000) gross square feet ofnon-residential floor area per 10,000 S.F.of
buildable lotarea" orportion thereof.
C. The minimum density for property being used exclusively for residential purposes shall beno
less than twelve (12) housing units, subject toSection 5.11.9Aabove.
D. The minimum density for property being used exclusively for commercial purposes shall be
sixteen thousand (16,000) gross square feet ofnon-residential floor area, subject toSection
5.11.9B above.
For the purpose ofthis section, "gross square feet ofnon-residential floor area" means the total non-
residential floor area contained within exterior walls but does not include basement space used for heating
and utilities, storage orfor automobile parking.
5.11.10Setbacks and Yard Regulations for Buildings
Nobuilding shall be constructed soastobe nearer tothe line ofany street than the “required setback
distance” ornearer tothe sidelines ofitslotthan the “required side yard width” ornearer tothe rear line
ofitslotthan the “required rear yard depth” specified below:
A. Setback and Yard minimum requirements:
A1.Required Setback Distance - 45feet
A2.Required Side Yard Width – 25 feet (45 feet ifside yard abuts abuilding used
primarily for single family residential purposes)
A3.Required Rear Yard Depth - 25 feet (45feet ifrear yard abuts abuilding used
primarily for single family residential purposes)
B. The required setback distance shall bemeasured from the nearest exterior line ofthe street in
question.
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ANNUAL TOWN MEETING APRIL 27, 2009
C. No storage ordisplay ofgoods, products, materials orequipment, vending machines orsimilar
commercial devices shall belocated nearer tothe line ofany street than the permitted setback
distance forabuilding onthe lot.
D. No lotonwhich abuilding islocated shall bereduced orchanged insize orshape sothat the
building orlotfails tocomply with the "buildable lotarea", frontage, building
coverage, yard setback, orother dimensional provisions ofthis
Section.
5.11.11Height Regulations
No building shall beconstructed toexceed:
A. InSub-District “A” sixty (60) feet inheight oratotal offive (5)stories (for commercial or
residential use), whichever islower.
B. InSub-District “B”eighty-four (84) feet inheight oratotal ofseven (7)stories (forcommercial
orresidential use), whichever islower, (48 feet or4stories ifabuts abuilding used primarily
for single family residential purposes)
5.11.12Reduced Dimensional Requirements
The Board ofAppeals bygrant ofaspecial permit pursuant tothis Section 5.11 may allow lot coverage, lot
frontage and access, density, setback and yard regulations and height regulations less than the minimums
stated herein upon afinding bythe Board ofAppeals that such reduced requirements shall serve the
purposes and objectives ofthe Route 138 EOD asstated inSections 5.11.1 and 5.11.5 herein.
5.11.13Common Open Land
Applicants are encouraged toinclude Common Open Land for use by the general public ineach
development site. The Common Open Land shall have ashape, dimension, character and location suitable
toassure itsuse for park oropen space purposes by the general public, and seventy-five percent (75%)
ofthe land tobeconsidered as Common Open Land shall becontiguous and nopiece ofland tobe
included aspart ofthe calculation ofCommon Open Land shall consist ofapiece less than 200 square feet
insize. The Common Open Land shall be developed by the applicant soas toprovide for desirable
recreational use ofthat Common Open Land bythe general public, including but not limited to: walking
trails, jogging paths, picnic areas, open fields, recreational fields, etc. Common Open Land shall expressly
be maintained bythe property owner orowners’ association.
5.11.14Parking Requirements
Inthe Route 138 EOD there shall be provided and maintained improved off-street automobile parking in
connection with the erection, establishment orincrease inunits ordimensions ofbuildings, structures and
uses, inthe following amounts:
A. For dwelling units one parking space per each bedroom.
B. For restaurants and other onpremises eating and drinking establishments, not less than one
1)parking space for each four (4)seats, subject tothe discretion ofthe Zoning Board of
Appeals torequire additional parking space where needed toserve the purposes ofthe Route
138 EOD asstated inSection 5.11.1herein. Where benches are used, not less than one (1)
parking space for each six (6)feet ofbench, subject tothe discretion ofthe Zoning Board of
Appeals torequire additional parking space where needed toserve the purposes ofthe Route
138 EOD asstated inSection 5.11.1herein.
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ANNUAL TOWN MEETING APRIL 27, 2009
C. For retail stores and offices including salesrooms and showrooms, consumer service
establishments, public administration buildings, business and professional offices, executive
and administrative offices, banks and other financial institutions one parking space for each
two hundred fifty (250) square feet ofgross floor area. For the purpose ofthis section, "gross
floor area" means the total floor area contained within exterior walls, but does not include
basement space used forhearing and utilities, storage orforautomobile parking
D. Uses not listed inSection 5.11.14 Parking Requirements, Subsections ( A)and (B)shall comply
with the parking space requirements ofthe Zoning By-Law Section 4.0 Off-Street Parking.
E. Below grade structured automobile parking shall bepermitted and isencouraged within the
basements ofbuildings.
Below grade structured parking, when constructed and allocated tosupport the needs and
requirements ofresidential use, may be designed toallow two cars topark in “tandem”. In
such cases, each ofthe two “tandem” parking spaces shall be counted asproviding aparking
space forthe purpose ofmeeting the off street parking requirement ofthis by-law. "Tandem"
parking isdefined astwo parking spaces placed one behind another insingle file.
F. Parking Garages (structured parking) shall bepermitted and are encouraged within the Route
138 EOD. Notwithstanding the provisions ofArticle IV, Section 4.07.5,within the Route 138
EOD, above orbelow-grade structured parking shall be permitted without regard tothe height
ordepth limits set forth inArticle IV, Section 4.07.5,ifthe applicant demonstrates aspart of
the Site Plan Approval process (Article III,Section 3.0)that:
F1.the applicant has available space on the Premises tocomply with the otherwise
applicable parking requirements ofthe By-law, and
F2.that the use ofabove and/orbelow-grade structured parking would:
i.allow applicant topreserve additional open space above that otherwise
required bythis By-law;
ii. decrease runoff from impervious surfaces; and
iii. would be effectively screened by trees ofaminimum height ofseven feet.
Parking Garages (structured parking), when constructed and allocated tosupport the needs
and requirements ofresidential use, may bedesigned toallow two cars topark in “tandem”. In
such cases, each ofthe two “tandem” parking spaces shall be counted asproviding aparking
space forthe purpose ofmeeting the offstreet parking requirement ofthis by-law. "Tandem"
parking isdefined astwo parking spaces placed one behind another insingle file. “Tandem”
parking shall not bepermitted fornon-residential uses.
The location(s)where conforming parking would otherwise beplaced inthe absence ofsuch
structured parking shall be shown onthe Site Plan submitted for approval tothe Zoning Board
ofAppeals. Such location(s)shall not beoccupied bybuildings inthe future until the owner
has demonstrated compliance with this section’srequirements with respect tothe existing as
well asany additional proposed buildings. Such structured parking shall not inany event
exceed aheight ofthirty-six (36) feet asmeasured from average finished grade tothe top of
the uppermost deck (except for non-habitable structures, including walls and stairwells, as
provided inArticle IV, Section 4.42.2 orextend more than twenty-eight (28) feet below
average finished grade level.
G. Inthe case ofmixed uses, the parking spaces required shall bethe sum ofthe requirement for
the various individual uses, computed separately inaccordance with this section. Parking
spaces for one use shall not beconsidered asproviding the required parking spaces for any
other use unless itcan beclearly demonstrated tothe Zoning Board that the need forparking
occurs atdifferent times.
H. Achange inthe use ofthe premises orinthe configuration ofthe building orlotsubject toa
special permit and site development and use plan issued pursuant tothis Section 5.11shall
require the special permit holder toapply tothe Board ofAppeals for amodification ofthe
number ofoffstreet parking spaces required pursuant tosuch special permit and plan ifsuch
change, alone orincombination with previous changes, would require an increase ordecrease
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ANNUAL TOWN MEETING APRIL 27, 2009
ofmore than 10%inthe number ofoff street parking spaces required pursuant tothis Section
5.11.
I. Off-street automobile parking spaces, tothe extent required inthis section, may beprovided
either onthe same lotorpremises with the parking generator oron any lot orpremises
associated therewith asubstantial portion ofwhich atleast iswithin three hundred (300) feet
ofthe generator.
J. Off-street parking facilities and connecting drives between such facilities and the street shall be
designed toinsure the safety and convenience ofpersons traveling within orthrough the
parking area, and between the parking facility and the street. The provisions ofSection 4.06
Design Standards shall beconsidered the minimum criteria forevaluating such design.
K. Inaddition tothe requirement for automobile parking spaces there shall also beprovided for
each building orgroup ofbuildings sufficient off-street loading space toinsure that allloading
operations take place offthe public way. Loading spaces and access drives leading toloading
spaces shall besodesigned that vehicles tobeloaded orunloaded are not required to
maneuver inthe public way toenter orleave the designed loading area. The provisions of
Section 4.06.6 Loading Areas shall beconsidered the minimum criteria for evaluating such
design.
5.11.15Signs and Advertising Devices
The provisions ofSection 4.1 Signs and Advertising Devices are adopted for the regulation and restriction
ofbillboards, signs and other advertising devices within the Route 138 Economic Opportunity District.
However, within the Route 138 EOD, notwithstanding the provisions ofSection 4.12.2.A2, the SPGA may
permit anincrease inthe maximum size ofareal estate sign advertising the premises for sale, rent, or
lease, to32 square feet inarea (per side for double sided signs). Additionally, the Board ofAppeals is
encouraged toconsider providing relief toapplicants under this Section 5.11.15where said applicant is
able toestablish tothe Board ofAppeal’ssatisfaction that the granting ofsuch relief shall serve and
support the purposes and objectives ofthe Route 138 EOD asstated inSections 5.11.1 and 5.11.5herein.
5.11.16Certified Acoustical Barriers
No activity oruse shall be allowed which causes exterior noise levels toexceed aday-night average sound
level of65 decibels (65 Ldn) atthe lotline; nodwelling unit shall be located where exterior noise levels
exceed aday-night average sound level of65 decibels (65Ldn); and no dwelling unit shall beconstructed
which allows interior noise levels toexceed aday-night average sound level of45decibels (45 Ldn). The
day-night average sound level (Ldn) isthe 24-hour average sound level, indecibels; resulting from the
accumulation ofnoise from allsources contributing tothe external noise environment ofthe site with 10
decibels added tosound levels occurring from 10:00 a.m. to7:00p.m. The day-night average sound level
Ldn) shall be determined inaccordance with the Code ofFederal Regulations Title 24-Housing and Urban
Development, Part 51Environmental Criteria and Standards ( 24CFR 51).
5.11.17Site Landscaping and Streetscape Improvements
The purpose ofthis Section 5.11.17istoensure that projects comply with the conditions ofSection 3.08
ofthe By-Law aswell astoencourage and ensure that projects provide Streetscape enhancements ofthe
subject properties soastocontribute tothe overall aesthetic objectives ofasuccessful and vibrant Route
138 corridor asdetermined on aproject by project basis by the SPGA. Such Streetscape enhancements
may include but are not limited to: sidewalks, granite curbing, street trees, plantings, lighting, etc.
5.11.18Affordable Units
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ANNUAL TOWN MEETING APRIL 27, 2009
As acondition forthe grant ofaspecial permit pursuant tothis Section 5.11 authorizing an increase inthe
otherwise permissible density ofpopulation orintensity ofaparticular use inaproposed development
pursuant tothe requirements ofthis Section 5.11, atleast fifteen percent (15%)ofthe dwelling units shall
be deed restricted inperpetuity foroccupancy bypersons earning not more than eighty percent (80%)of
the area median income asdefined and regulated bythe Commonwealth' sDepartment ofHousing and
Community Development, ofwhich twenty percent (20%)shall be forlow income persons. The SPGA may
waive this requirement forprojects offour units orless. Such affordable housing units shall be integrated
into the overall development soastoprevent the physical segregation ofsuch units and otherwise shall
be indistinguishable from market rate units except insize and interior finishing and appliances.
5.11.18A Affordable Units Alternative: Asanalternative toincluding affordable units pursuant to
Section 5.11.18 immediately above, the applicant may include affordable units under Mass. Housing's
Priority Development Fund where atleast twenty percent (20%)ofthe units must beaffordable tolow
income persons asdefined and regulated by the Commonwealth' sDepartment ofHousing and Community
Development and which development must incorporate Smart Growth principles including without
limitation locating intown center, reuse ofexisting structures, locating around transportation sites, and
preserving natural resources.
5.11.19Preference
As acondition ofapproval, the Zoning Board ofAppeals shall require that, tothe maximum extent
allowable under applicable law, Canton residents begiven first preference inthe purchase orrenting of
affordable units. The fees for allservices will be negotiated between the Canton Housing Authority and
the Developer asprovided for in5.11.18and 5.11.18A.
5.11.20Canton Housing Authority
For those dwelling units specified asaffordable, the Zoning Board ofAppeals shall require that, tothe
maximum extent allowable under applicable law, the Canton Housing Authority be given priority with
regard tothe selection process ofresidents.
Board of Selectmen for the Route 138 Study Committee
FINANCE COMMITTEE MOTION:
MOVED: That the subject matter of Article 14 be indefinitely postponed.
FINANCE COMMITTEE VOTE: 6-0-0
PLANNING BOARD MOTION:
MOVED: That the Zoning By-Law be amended by adding the following new Section 5.11:
5.11 Route 138 Economic Opportunity Overlay District By-law
There ishereby established aRoute 138 Economic Opportunity Overlay District (Route 138 EOD)
Zoning By-Law.
The Route 138 EOD is shown on amap entitled “Route 138 Economic Opportunity Overlay District”,
which map is hereby incorporated by reference in this Section 5.11.
5.11.1Purposes
This Section 5.11 shall apply only to those parcels located entirely within the boundary of the Route
138 EOD.
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ANNUAL TOWN MEETING APRIL 27, 2009
The Route 138 EOD is established for the accomplishment of the following purposes:
A. To promote the economic health and stability of the Town by encouraging development
and economic investment in the Route 138 EOD that will generate employment and tax
revenue; and
B. To designate, by atwo-thirds town meeting vote, all parcels incorporated into this
Route 138 EOD (see map incorporated by reference) as an economic opportunity area
pursuant to Chapter 23A of the General Laws; and
C. To provide additional planning flexibility for projects located in the Route 138 EOD,
including enhancing the coordination of the project with the environmental and natural
features of the development site; and
D. To permit and encourage the development of parks and open spaces, which would be
available for use by the general public, as acondition for the grant of aspecial permit
pursuant to this Section 5.11 authorizing an increase in the otherwise permissible
density of population or intensity of aparticular use in aproposed development
pursuant to the requirements of this Section 5.11; and
E. To permit the use of new development standards which will promote the desired
changes in the Route 138 EOD; and
F. To provide information on the potential impacts of aproposed development; and
G. To enable the Special Permit Granting Authority (SPGA) to require adherence to "Site
Development and Use Plans" in the granting of aspecial permit.
5.11.2Definitions
For the special purposes of this Section 5.11, the following words and phrases shall have the
meaning hereinafter indicated:
A. Building Height: Building height shall be limited as set forth in this Section 5.11.11 and
measured as set forth in the State Building Code 780 CMR 101.0et seq.
B. Buildable Lot Area: A buildable lot area shall be asingle continuous tract of land
located entirely within the Route 138 EOD which is contiguous with the frontage, and
which excludes any land defined as a "Resource Area" under the Massachusetts
Wetlands Protection Act (MGL Chapter 131, Section 40) and any required yard area.
5.11.3Scope of Authority
The Route 138 EOD shall be an overlay district and shall not restrict the owner'srights relative to
the underlying zoning districts. However, ifthe owner selects to use the Route 138 EOD for
development purposes, the development shall conform to the requirements of this Section 5.11 and
shall require the issuance of aSpecial Permit from the Special Permit Granting Authority (SPGA).
5.11.4Special Permit Granting Authority
The Board of Appeals is hereby designated as the Special Permit Granting Authority ( SPGA) for all
purposes under this Section 5.11. All Special Permit applications pursuant to this Section 5.11
shall conform to the standards and criteria of this Section 5.11 and the Zoning Board of Appeals
Rules and Regulations governing the administration of applications for special permits.
Under this Section 5.11, no building shall be constructed or externally enlarged, and no use shall be
expanded in ground area, or established in an existing building except in conformity with aSpecial
Permit issued by the Board of Appeals and aSite Development and Use Plan that bears the
endorsement of approval by the Board of Appeals. Requirements and Procedures for approval of
such Site Development and Use Plan shall be in accordance with Article III.Section 3.0Site Plan
Approvals and this Section 5.11.
Construction or operations under abuilding permit or aSpecial Permit shall conform to any
subsequent amendment of the Zoning By-Law, unless the use or construction iscommenced within
aperiod of not more than six months after the issuance of the permit and such construction is
continued through to completion as continuously and expeditiously as is reasonable.
40 -