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Warrant for November 2007 Special Town Meeting




        Warrant for Special Town Meeting
Monday, November 5, 2007
7:00 PM
Concord-Carlisle Regional High School
Adjourned Sessions if necessary
Wednesday, November 7, 2007
Thursday, November 8, 2007



Joint Public Hearing
Finance Committee, Planning Board and Board of Selectmen
Monday, October 22, 2007 at 7:30 PM
Alcott School Auditorium








Parking

Special Town Meeting attendees should enter the high school parking lot via the Walden Street entrance only.  Parking is limited.  Carpooling is encouraged.  Disability parking is available at the flagpole circle at the High School.


Child Care

Child care will be provided at the high school for children 2-1/2 years and older.  The Concord Recreation Department is offering the service at a cost of $5.00 per child per hour or $25.00 for two or more children for the evening.  Reserve in advance by calling (978) 369-6460.


Seniors

Seniors may arrange transportation with the Council on Aging office at (978) 318-3020.  Advance reservations are necessary.


Check In

All voters who are registered to vote by 8:00 pm on Friday, October 26, 2007 are eligible to participate at this Town Meeting.  Voters should check in by last name at the tables in the main lobby and pick up a Town Meeting ballot.

Seating
Seating will only be available in the auditorium or the cafeteria.  The auditorium will be the main meeting room.

Assisted Listening Devices

Assisted listening devices will be available in the lobby.

Refreshments


Pizza, desserts, water and coffee will be available for purchase in the lobby beginning at 6:30 PM.  Proceeds to benefit the CCHS Class of 2010.

Special Arrangements
or Needs
Anyone with a disability requiring special arrangements for Town Meeting should contact Douglas Meagher, Assistant Town Manager/ADA Coordinator by October 29, 2007 at (978) 318-3000.


Tellers

Anyone willing to be a teller at Town Meeting should contact George Sprott, head teller at 978 369-4850 or Todd Crocker, assistant head teller at 978 549-1598.


THE COMMONWEALTH OF MASSACHUSETTS
WARRANT FOR SPECIAL TOWN MEETING
November 5, 2007

Middlesex, ss.

To any of the Constables of the Town of Concord, in said County, Greetings:

In the name of the Commonwealth of Massachusetts, you are hereby required to notify the legal voters of said Town of Concord, qualified to vote at Town Meeting for the transaction of Town affairs, to meet at the Concord-Carlisle Regional High School on Walden Street, in said town, on Monday, the fifth of November at 7:00 o’clock in the evening, by posting a printed copy of this Warrant by you attested, in at least one public location in each precinct in Concord, and by mailing a copy thereof to every household fourteen days, at least, before said fifth of November, then and there to act upon the following Articles:


SECRET BALLOT VOTING PROCEDURE

        ARTICLE 1.  To determine whether the Town will vote to establish a rule for the 2007 Special Town Meeting which will permit less than a majority of those present to require that a matter shall be voted on by secret ballot, or take any other action relative thereto.


MEETING PROCEDURE

        ARTICLE 2.  To determine whether the Town will adopt a rule of the meeting governing requirements on Motions and amendments to Motions made at this meeting under Articles concerned with expenditures, in order to assure compliance with the requirements of Chapter 59, Section 21C of the Massachusetts General Laws and Acts, and amendments thereof and additions thereto (generally referred to as "Proposition 2 ½"), or take any other action relative thereto.

TRANSFER OF FUNDS FROM BEEDE CENTER ENTERPRISE FUND TO GENERAL FUND

        ARTICLE 3.  To determine whether the Town will vote to transfer the sum of $30,000, or any other sum, from the Beede Center Enterprise Fund to the General Fund, or take any other action relative thereto.

SAWYER TRUST GIFT

ARTICLE 4.  To determine whether the Town will vote to transfer to the custody of the Trustees of Town Donations the sum of $300,000 or any other sum accepted by the Board of Selectmen as a gift from the Trustees of the Alfred Sawyer Trust, to be used to create an endowment for the Beede Swim and Fitness Center in the amount of $300,000, or any other sum, and further, to determine whether the Town will vote to transfer to the custody of the Trustees of Town Donations the sum of $1,700,000, or any other sum, accepted by the Board of Selectmen from the Trustees of the Alfred Sawyer Trust to create an expendable fund for sustainable energy initiatives for town buildings, said funds to be expended under direction of the Town Manager, in accordance with certain terms and conditions to be agreed upon by the Board of Selectmen and the Trustees of the Alfred Sawyer Trust, or take any action relative thereto.


NEW WILLARD SCHOOL
        
ARTICLE 5.  To determine whether the Town will appropriate the sum of $29,410,000, or any other sum, for the purposes of financing, in part, costs of capital construction, reconstruction, and equipping all or portions of the new Willard School building, substantially as designed by the Office of Michael Rosenfeld, Incorporated, including the cost of design services, consultants to assist in administering the construction contract bid process and award and to provide construction supervision, and also including other costs incidental and related thereto, said funds to be expended under the direction of the Town Manager; and further, that of said amount, $1,215,000 shall be reserved as a construction bid contingency fund to be used solely for the purpose of funding construction bids that exceed the construction cost estimates amounting to $24,300,000; and further, that to meet this appropriation the Treasurer with the approval of the Board of Selectmen be authorized to borrow $29,410,000, or any other sum, under Chapter 44, § 7 (3A) and (21) and/or Chapter 70B of the Massachusetts General Laws and Acts, in amendment thereof or in addition thereto, or any other enabling authorities hereinbefore or hereinafter enacted; provided that the amounts required to pay for the bond issued hereunder are voted by the Town to be exempt from the limitation on total taxes imposed by Chapter 59, Section 21C of the Massachusetts General Laws and Acts (Proposition 2 ½), in amendment thereof or in addition thereto, in accordance with clause (k) of said section; or take any other action relative thereto.


ZONING BYLAW AMENDMENT –
SPECIAL PERMIT FOR FINANCIAL AND BUSINESS OFFICE ON GROUND FLOOR

ARTICLE 6.  To determine whether the Town will vote to amend the Table of Principal Uses in the Zoning Bylaw, Section 4.5.10, “Financial and business office” by changing the “yes” in the Commercial District B (Business) column to “yes/SP***”, and adding a footnote to the Table indicating that the use shall require a special permit in the Commercial District B (Business) when located on the ground floor (street level) of a building,

or take any other action relative thereto.


ZONING BYLAW AMENDMENT – SPECIAL PERMIT CRITERIA

ARTICLE 7.  To determine whether the Town will vote to amend the Zoning Bylaw by deleting the last sentence of the first paragraph of Section 11.6, and by adding the following new second paragraph:

Special permits shall be granted by the Board or the Planning Board, unless other criteria are otherwise specified herein, only upon the written determination of either board, as applicable, that the adverse effects of the proposed use will not outweigh its beneficial impacts to the public interest, the town and the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site.  In addition to any other specific factors that may be set forth in this Bylaw, the determination shall include consideration of each of the following:

        11.6.1. Impacts on social, economic, or community needs;

11.6.2.         Traffic flow and safety concerns, including parking and loading;

11.6.3. Adequacy of utilities and other public services;

11.6.4.         Impacts on neighborhood character and social structures;

11.6.5. Impacts on the natural environment; and

11.6.6.         Fiscal impacts, including impacts on town services, the tax base and employment.

or take any other action relative thereto.



AMENDMENT TO DEMOLITION DELAY BYLAW
        
ARTICLE 8.  To determine whether the Town will vote to amend the Demolition Delay Bylaw, by adding in Section 8 to the table entitled “Demolition Review:  Buildings and other structures deemed Historically valuable, but not protected by Local Historic District designation” the following:


Prior
NL
NR
SR
LD
SO
TO
Structure
711 Virginia Road
Hangar 24
3
Y
Y

or take any other action relative thereto.


COMPLETION AND PUBLICATION OF ENVIRONMENTAL ASSESSMENT AND IMPACT STUDY REGARDING BRUCE FREEMAN RAIL TRAIL – BY PETITION

ARTICLE: 9. To determine whether the Town shall: a) complete and publish a study of the likely environmental impacts of the design, construction, and use of the trail and its adjacent resource areas prior to completion or submission to the State of any “25% Design” for any abandoned railroad right of way conversion project to a rail trail.

The environmental study shall be performed and published, in draft and final forms for public comment, in accordance with the standards of the Massachusetts Environmental Policy Act (the Act). The study shall cover reasonable alternatives for routes, construction and use. Environmental impact shall be as defined in the Act, including but not limited to water bodies, water supplies, wildlife, wetlands, flora, and aesthetics.

b) declare any submission to the State of such a “25% Design” prior to said completed and published Environmental study to be invalid, null and void, or c) take any other action related thereto


REQUIREMENT FOR CITIZEN APPROVAL REGARDING
BRUCE FREEMAN RAIL TRAIL 25% DESIGN – BY PETITION

ARTICLE: 10.  To determine whether the Town shall a) submit the so-called “25% Design” for any abandoned railroad right of way conversion project to a rail trail to the State only after the Town has obtained a majority vote at an annual or special Town Meeting approving the design in detail specified in the “25% Design” and instructing the Town to do so, b) declare any submission to the State of such a “25% Design” prior to such a vote invalid, null and void, or c) take any other action related thereto.


HOME RULE PETITION AUTHORIZATION TO ESTABLISH
A POST-RETIREMENT GROUP HEALTH INSURANCE TRUST FUND

ARTICLE: 11. To determine whether the Town will vote to authorize the Board of Selectmen to petition the General Court for a Special Act authorizing the Town of Concord to establish a Post-Retirement Group Health Insurance Trust Fund for the purpose of meeting the future costs of premiums payable by the Town on behalf of retired employees and the eligible surviving spouses or dependents of deceased employees pursuant to the provisions of Chapter 32B of the Massachusetts General Laws and Acts in amendment thereof or in addition thereto.

Said fund shall be under the supervision and management of the Town Manager and under the custody of the Town Treasurer, but the Town Manager shall be authorized to employ any qualified bank, trust company, corporation, firm or person for investment management and custody purposes as an expense of the fund. Said fund shall be credited with all amounts appropriated to it or otherwise made available to the Town.

The Town Manager may also employ or contract for actuarial services as an expense of the fund. Actuarial services obtained in support of the purposes of the fund may include but shall not be limited to the following: a) measurement of the present value of future benefit attributable to the year earned, and (b) establishment and periodic updating of a schedule of funding levels required to amortize the existing initial unfunded actuarial liability over a period not in excess of thirty years and to amortize any additional unfunded actuarial liability over a period not in excess of fifteen years from the year of the  determination in which such additional liability is first recognized. Such information shall assist in determining the recommended annual appropriation to the fund.

The assets of the fund may be invested by the Treasurer in accordance with the Prudent Investor Rule and any earnings or interest accruing from said investments shall remain with the fund and shall be expended only for the purposes of the fund, subject to appropriation, or take any action relative thereto.



Hereof fail not and make due return of this Warrant with your doings thereon, to the Town Clerk, at or before the time of said meeting aforesaid.  


Given under our hands this tenth day of October in the year two thousand-seven.







Margaret B. Briggs




Stanly E. Black




Gregory P. Howes




Virginia McIntyre




Anne D. Shapiro




BOARD OF SELECTMEN
Commonwealth of Massachusetts
Middlesex, ss.

Concord ______________________




By virtue of this warrant I have notified the legal voters of the Town of Concord to meet at the times and places and for purposes within named as directed.



_____________________________
CONSTABLE OF CONCORD




Special Town Meeting Voter Registration Information


        The deadline for unregistered residents to register to vote at the SPECIAL TOWN MEETING is:

Friday, October 26, 2007


        A special evening registration session will be held on Friday, October 26, 2007
        until 8:00 PM at the Town Clerk's Office, 22 Monument Square for residents who are currently unregistered voters.



        Voter registration can now be done either by mail or in person. For mail-in registration forms, call the Town Clerk's office at (978) 318-3080.  For
        registration in person, the Town Clerk's office at the Town House, 22 Monument Square, is open Monday – Friday 8:30 AM - 4:30 PM and Thursday evenings  until 6:00 PM.

















 
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