TOWN OF NORTHBOROUGH

SPECIAL TOWN MEETING WARRANT

MARCH 13, 2000

WORCESTER, SS

GREETINGS:

To any Constable in the Town of Northborough, County of Worcester:

In the name of the Commonwealth of Massachusetts, you are hereby commanded to warn and notify the legal voters of the Town of Northborough to meet at THE ALGONQUIN REGIONAL HIGH SCHOOL on MONDAY, the THIRTEENTH day of MARCH, 2000 at 7:30 p.m. to act on the following warrant articles:

ARTICLE 1

To see if the Town will vote to amend the Northborough- Southborough Regional School Agreement as follows:

1) Add to definition of Capital costs in Section IV (b) "or replacement thereof," to read accordingly:

"  (b) Capital costs shall include all expenditures relating to capital outlay such as payment of principal and interest on bonds or other obligations issued by the District, and any other expenses associated with the acquisition of real estate, the construction and improvement of buildings, grading, purchase of equipment, and other activities incident to placing in operation the original school plant and any subsequent additions and improvements thereto, or replacement thereof."

2) Delete Section IV, Clause (d), in its entirety together with all previous amendments and substitute the following:

"Payment for capital costs incurred on or after January 1, 2000 shall be apportioned each year among the member towns on the basis of the average of their respective enrollments in the Regional District School on October 1 of the preceding year for year one; of the preceding two (2) years for year two; and the preceding three (3) years thereafter."

The amendments serve to (1) revise the definition of capital costs to include construction of a new school facility and (2) The Regional School Agreement provides for cost-sharing based on enrollment at the time the debt is issued for a project. This fails to consider changes that may occur in enrollments. Just as the operating budget is prorated to each community annually based on enrollment, it would be appropriate from an equity and consistency standpoint
to consider a similar cost-sharing basis for capital projects' debt service payments, as opposed to only at the initial issuance of debt.

Motion - Article I

I move that the Town vote to amend the Northborough- Southborough Regional School Agreement as follows:

1) Add to definition of Capital costs in Section IV (b) "or replacement thereof," to read accordingly:

" (b) Capital costs shall include all expenditures relating to capital outlay such as payment of principal and interest on bonds or other obligations issued by the District, and any other expenses associated with the acquisition of real estate, the construction and improvement of buildings, grading, purchase of equipment, and other activities incident to placing in operation the original school plant and any subsequent additions and improvements thereto, or replacement thereof."

2) Delete Section IV, Clause (d), in its entirety together with all previous amendments and substitute the following:

"Payment for capital costs incurred on or after January 1, 2000 shall be apportioned each year among the member towns on the basis of the average of their respective enrollments in the Regional District School on October 1 of the preceding year for year one; of the preceding two (2) years for year two; and the preceding three (3) years thereafter."

ARTICLE 2

To see if the Town will vote, pursuant to M.G.L. Chapter 71, Section 16(c), to authorize the acquisition, by purchase, of a parcel of land containing approximately 148 acres of land from Metropolitan Life Insurance Company, said land to be acquired by the Northborough- Southborough Regional School District for use as part of the Algonquin Regional High School; or to take any other action relative thereto.

Motion - Article 2

I move the Town vote to authorize the acquisition, by purchase, of a parcel of land containing approximately 148 acres of land from Metropolitan Life Insurance Company, said land to be acquired by the Northborough-Southborough Regional School District for use as part of the Algonquin Regional High School.

ARTICLE 3

To see if the Town will vote to approve the borrowing of the sum of Seven Hundred Thousand ($700,000) Dollars by the Northborough-Southborough Regional School District as approved by the Regional School Committee in accordance with the provisions of Massachusetts General Laws, Chapter 7 1, Section 16(d), for the purpose of acquiring a parcel of land containing 148 acres, by purchase for Algonquin Regional High School, or to take any other action relative thereto, subject to adoption of the amendment of the Northborough- Southborough Regional School Agreement concerning capital costs as set forth in Article I of this warrant by the Town Meetings of Northborough and Southborough; and further subject to the condition that the Town shall have voted at an election to exempt the amounts required to pay for such bonds or notes from the provisions of Proposition 2 1/2.

- This Article authorizes the Regional School District to acquire the property by purchase.

Motion - Article 3

I move the Town vote to approve the borrowing of the sum of Seven Hundred Thousand ($700,000) Dollars by the Northborough- Southborough Regional School District as approved by the District School Committee in accordance with the provisions of Massachusetts General Laws, Chapter 71, Section 16(d), for the purpose of acquiring a parcel of land, containing 148 acres, by purchase for Algonquin Regional High School, subject to adoption of the amendment of the Northborough-Southborough Regional School Agreement concerning capital costs as set forth in Article 1 of this warrant by the Town Meetings of Northborough and Southborough; and further subject to the condition that the Town shall have voted at an election to exempt the amounts required to pay for such bonds or notes from the provisions of Proposition 2 1/2.

ARTICLE 4

To see if the Town will vote to approve the borrowing of the sum of Seven Hundred Thousand ($700,000) Dollars by the Northborough- Southborough Regional School District as approved by the Regional School Committee in accordance with the provisions of Massachusetts General Laws, Chapter 7 1, Section 16(d), for the purpose of acquiring a parcel of land containing 148 acres, by purchase or eminent domain for Algonquin Regional High School, or to take any other action relative thereto, subject to adoption of the amendment of the Northborough- Southborough Regional School Agreement concerning capital costs as set forth in Article 1 of this warrant by the Town Meetings of Northborough and Southborough; and further subject to the condition that the Town shall have voted at an election to exempt the amounts required to pay for such bonds or notes from the provisions of Proposition 2 1/2.

- This Article authorizes the Regional School District to acquire the property by eminent domain. If the Regional School District has a signed Purchase and Sales Agreement at the time of the Special Town Meeting this Article would be passed over.

Motion - Article 4

I move the Town vote to approve the borrowing of the sum of Seven Hundred Thousand ($700,000) Dollars by the Northborough- Southborough Regional School District as approved by the District School Committee in accordance with the provisions of Massachusetts General Laws, Chapter 7 1, Section 16(d), for the purpose of acquiring a parcel of land, containing 148 acres, by purchase or eminent domain for Algonquin Regional High School, subject to adoption of the amendment of the Northborough- Southborough Regional School Agreement concerning capital costs as set forth in Article 1 of this warrant by the Town
Meetings of Northborough and Southborough; and further subject to the condition that the Town shall have voted at an election to exempt the amounts required to pay for such bonds or notes from the provisions of Proposition 2 1/2.

ARTICLE 5

To see it the Town will vote to approve the borrowing of the sum of Two Million Five Hundred and Eighty Thousand ($2,580,000) Dollars by the Northborough-Southborough Regional School District as approved by the District School Committee in accordance with the provisions of Massachusetts General Laws, Chapter 7 1, Section 16 (d), for the purpose of architectural design services of a new high school on land adjacent to the existing high school, for use by the Regional School Committee in conjunction with a Building Committee to be appointed under the provisions of the Regional Agreement, to design the necessary project and to prepare the necessary documents to enable said project to be put to bid; subject to adoption of the amendment of the Northborough- Southborough Regional School Agreement concerning capital costs as set forth in Article 1 of this warrant by the Town Meetings of Northborough and Southborough; and further subject to the condition that the Town shall have voted at an election to exempt the amounts required to pay for such bonds or notes from the provisions of Proposition 2 1/2.

Motion - Article 5

I move the Town vote approve the borrowing of the sum of Two Million Five Hundred and Eighty Thousand ($2,580,000) Dollars by the Northborough-Southborough Regional School District as approved by the District School Committee in accordance with the provisions of Massachusetts General Laws, Chapter 7 1, Section 16(d), for the purpose of architectural design services of a new high school on land adjacent to the existing high school, for use by the Regional School Committee in conjunction with a Building Committee to be appointed under the provisions of the Regional Agreement, to design the necessary project and to prepare the necessary documents to enable said project to be put to bid; subject to adoption of the amendment of the Northborough-Southborough Regional School Agreement concerning capital costs as set forth in Article 1 of this warrant by the Town Meetings of Northborough and Southborough; and further subject to the condition that the Town shall have voted at an election to exempt the amounts required to pay for such bonds or notes from the provisions of Proposition 2 1/2.

ARTICLE 6

To see if the Town will vote to amend the Northborough Zoning Bylaws, by adding a new Chapter 744 entitled "Growth Management", as printed in the Handout (copies of which were available in the Town Clerk's office continuously prior to posting of the warrant until the time of the Special Town Meeting).

Motion - Article 6

I move the Town vote to amend the Northborough Zoning Bylaws, by adding a new Chapter 7 - 44 entitled "Growth Management", as printed in the Handout (copies of which were available in the Town Clerk's office continuously prior to posting of the warrant until the time of the Special Town Meeting).


ARTICLE 7

To see if the Town will vote to designate the following parcels as an Economic Opportunity Area as provided for under Massachusetts General Laws, Chapter 23A, Sections 3A - 3H:

Map/Parcel Address Land Area
86/01 & 02 Three Corner Drive 34 acres
88/04 &, 10 Talbot Road 4.2 acres

- At the April 1999 Annual Town Meeting, Town Meeting voted to designate 463.29 acres known as Northborough's "South East Industrial Sector" as an Economic Opportunity Area (meeting the State's definitions for designation as an Economic Opportunity Area). Article 6 would extend the boundary of this Economic Opportunity Area to include the 38.2 abutting acres noted above. Should a business choose to locate within this Economic Opportunity Area, it would be eligible for State tax benefits by virtue of the Economic Opportunity Area designation.

Motion - Article 7

I move the Town vote to designate the following parcels as an Economic Opportunity Area as provided for under Massachusetts General Laws Chapter 23A, Section 3A - 3H, for a term of not less than five (5) years and not to exceed twenty (20) years, for the purpose of providing property tax relief to certified projects located within the district in the form of Tax Financing and/or Special Tax Assessment:

Map/Parcel Address Land Area
86/01 &, 02 Three Comer Drive 34 acres
88/04 & 10 Talbot Road 4.2 acres

ARTICLE 8 - CITIZEN'S PETITION

To see if the Town will vote to change the zoning on two adjacent parcels of land located at 35 Solomon Pond Road, The Grille Restaurant, and 27 Solomon Pond Road from RC to business B. Parcel 1, 35 Solomon Pond known as lot A referenced in the Worcester Registry of Deeds Book 685, Plan 75. Parcel 27 Solomon Pond Road described as follows: Real property on the westerly side of Solomon Pond Road Northborough MA, adjacent to the Grille Restaurant containing 26,875 Sq. Ft +-. Beginning on the Westerly side of lot A; Thence S 10' 31' 30" along Solomon Pond Road E 193.85 feet to a point; Thence N 84' 32' 07" W 87.02 feet to a point; Thence S 72' 01' 00" W 74.01 feet to a point; Thence N 6' 24' 56" W 179.95 feet to a point at the intersection of parcel A; Thence N 79' 28'30" E 180 feet along Parcel A to the point of beginning. Being a portion of the premises described in the Worcester Registry of Deeds Book 16898, Page 147 and Book 18306, Page 94.

Motion - Article 8 - Citizen's Petition

I move the Town vote to change the zoning on two adjacent parcels of land located at 35 Solomon Pond Road, The Grille Restaurant, and 27 Solomon Pond
Road from RC to business B. Parcel 1, 35 Solomon Pond known as lot A referenced in the Worcester Registry of Deeds Book 685, Plan 75. Parcel 27 Solomon Pond Road described as follows: Real property on the westerly side of Solomon Pond Road Northborough MA, adjacent to the Grille Restaurant containing 26,875 Sq. Ft +-. Beginning on the Westerly side of lot A; Thence S 10'3 1' 30" along Solomon Pond Road E 193.85 feet to a point; Thence N 84' 32' 07" W 87.02 feet to a point; Thence S 72' 01' 00" W 74.01 feet to a point; Thence N 6' 24' 56" W 179.95 feet to a point at the intersection of parcel A; Thence N 79' 28'30" E 180 feet along Parcel A to the point of beginning. Being a portion of the premises described in the Worcester Registry of Deeds Book 16898, Page 147 and Book 18306, Page 94.

ARTICLE 9

To see if the Town will vote to amend the Code of the Town of Northborough, Chapter 1, Administrative Legislation Town Meetings and Elections, Section 1-80-020 entitled "Holding of Annual Town Meetings and Special Town Meetings" in paragraph A thereof by deleting from the first sentence [Monday] and replacing it with Saturday and by deleting from the second sentence [7:30 p.m.] and replacing it with 1:00 p.m., and upon completion of the article which is under discussion at 5:00 p.m. on Saturday, the meeting shall be recessed to reconvene at 7:00 p.m. of the same day and upon completion of the article which is under discussion at 10:00 p.m. on Saturday, the meeting shall be adjourned to the following Monday at 7:30 p.m. provided that it is not a recognized state or federal holiday; said amendment to be effective for the April 2001 Town Meeting and thereafter.

- Paragraph A of Section 1-80-020 currently provides "The Annual Town Meeting shall begin on the fourth Monday in April at such place as the Selectmen shall determine. The initial session of the Meeting shall begin at 7:30 p.m. Upon completion of the article which is under discussion at 11:00 p.m. on Monday, the Meeting shall be adjourned to 7:30 p.m. of the following day, provided that it is not a recognized state or federal holiday; and thereafter, the Meetings shall continue on beginning at 7:30 p.m. and ending upon completion of the article which is under discussion at 11:00 p.m., until the Meeting is completed in accordance with Section 1-80-170 of this chapter. A two-thirds vote of those present may extend that Meeting beyond the normal adjournment."

This article would revise only the first - two sentences to read as follows: "The Annual Town Meeting shall begin on the fourth Saturday in April at such place as the Selectmen shall determine. The initial session of the Meeting shall begin at 1:00 p.m. and upon completion of the article which is under discussion at 5:00 p.m. on Saturday, the meeting shall be recessed to reconvene at 7:00 p.m. of the same day and upon completion of the article under discussion at 10:00 p.m. on Saturday, the meeting shall be adjourned to the following Monday at 7:30 p.m. provided that it is not a recognized state or federal holiday."

Motion - Article 9

I move the Town vote to amend the Code of the Town of Northborough, Chapter 1, Administrative Legislation, Town Meetings and Elections, Section 1-80-020 entitled "Holding of Annual Town Meetings and Special Town Meetings" in paragraph A thereof by deleting from the first sentence [Monday] and replacing it with Saturday and by deleting from the second sentence [7:30 p.m.] and replacing it with 1:00 p.m., and upon completion of the article which is under discussion at 5:00 -p.m. on Saturday, the meeting shall be recessed to reconvene at 7:00 p.m. of the same day and upon completion of the article which is under discussion at 10:00 p.m. on Saturday, the meeting shall be adjourned to the following Monday at 7:30 p.m. -provided that it is not a recognized state or federal holiday; said amendment to be effective for the April 2001 Town Meeting and thereafter.

ARTICLE 10

To see if the Town will vote to amend the Code of the Town of Northborough, Chapter 1, Administrative Legislation, Town Meetings and Elections, Section 1-80-020 entitled "Holding of Annual Town Meetings and Special Town Meetings" in paragraph B thereof by deleting from the first sentence [Special Town Meetings shall be otherwise according to the provisions of MGL 39 and shall be adjourned to such place and at such time as voted by two-thirds (2/3) of those present and voting;] and replacing it with Special Town Meetings shall begin on Saturdays at 1:00 p.m., and upon completion of the article which is under discussion at 5:00 p.m. on Saturday, the meeting shall be recessed to reconvene at 7:00 p.m. of the same day and upon completion of the article which is under discussion at 10:00 p.m. on Saturday, the meeting shall be adjourned to the following Monday at 7:30 p.m. provided that it is not a recognized state or federal holiday.

- This Article would have Special Town Meetings conducted on Saturdays similar to the Annual Town Meeting as is proposed in Article 9.

Motion - Article 10

I move the Town vote to amend the Code of the Town of Northborough, Chapter 1, Administrative Legislation, Town Meetings and Elections, Section 1-80-020 entitled "Holding of Annual Town Meetings and Special Town Meetings" in paragraph B thereof by deleting from the first sentence [Special Town Meetings shall be otherwise according to the provisions of MGL 39 and shall be adjourned to such place and at such time as voted by two-thirds (2/3) of those present and voting;] and replacing it with Special Town Meetings shall begin on Saturdays at 1:00 p.m., and upon completion of the article which is under discussion at 5:00 p.m. on Saturday, the meeting shall be recessed to reconvene at 7:00 p.m. of the same day and upon completion of the article which is under discussion at 10:00 p.m. on Saturday, the meeting shall be adjourned to the following Monday at 7:30 p.m. provided that it is not a recognized state or federal holiday.

ARTICLE 11

To see if the Town will vote to amend the Code of the Town of Northborough, Chapter 1, Administrative Legislation, Town Meetings and Elections, Section 1-80-030 entitled "Posting of Warrants" in paragraph C thereof by adding the following additional sentence: The warrant for the Annual Town Meeting shall be mailed to each household in the town at least fourteen (14) days before the time appointed for such Annual Town Meeting.

Paragraph C of Section 1-80-030 currently provides: "The warrant for the Annual Town Meeting shall be available at the office of the Town Clerk at least fourteen (14) days prior to the Annual Town Meeting and at said Annual Town Meeting- "

This article would add to paragraph C of Section 1-80-030 the additional sentence underlined above.

Motion - Article 11

I move the Town vote to amend the Code of the Town of Northborough, Chapter 1, Administrative Legislation, Town Meetings and Elections, Section 1-80-030 entitled "Posting of Warrants" in paragraph C thereof by adding the following additional sentence: The warrant for the Annual Town Meeting shall be mailed to each household in the town at least fourteen (14) days before the time appointed for such Annual Town Meeting.

ARTICLE 12

To see if the Town will vote to amend the Code of the Town of Northborough, Chapter 1, Administrative Legislation, Town Meetings and Elections, Section 1-80-040 entitled "Notice and Warrant for Special Town Meeting" in paragraph A thereof by deleting [a notice of] and replacing it with the warrant for.

- Paragraph A of Section 1-80-040 currently provides: "Notice of every Special Town Meeting shall be given by the Town Clerk by mailing to each household in the town a notice of such Special Town Meeting at least fourteen (14) days before the time appointed for such Special Town Meeting."

This article would revise paragraph A to read as follows: "Notice of every Special Town Meeting shall be given by the Town Clerk by mailing to each household in the town the warrant for such Special Town Meeting at least fourteen (14) days before the time appointed for such Special Town Meeting."

Motion - Article 12

I move the Town vote to amend the Code of the Town of Northborough, Chapter 1, Administrative Legislation, Town Meetings and Elections, Section 1-80-040 entitled 'Notice and Warrant for Special Town Meeting" in paragraph A thereof by deleting [a notice of] and replacing it with the warrant for.

ARTICLE 13

To see if the Town will vote to accept the provisions of Massachusetts General Laws, Chapter 40, Section 13C, to establish a Workers' Compensation Claims Reserve Fund.

- In FY 1999 the Town changed insurance carriers for workers compensation. Under the new carrier the Town self-insures its liability each year up to $60,000. Thereafter the Town's insurance carrier provides coverage up to $10 million. This program allows the Town to retain its own savings if it has a good loss experience during the year. Historically the Town has had very good loss experience. In the past the Town may have received a modest credit for good experience from its prior carrier. Now the Town keeps its own savings. To ensure the success of this program a Claims Reserve Fund needs to be created at Town Meeting to cover any outstanding claims for prior years, as well as to finance future claims.

Motion - Article 13

I move the Town vote to accept the provisions of Massachusetts General Laws, Chapter 40, Section 13C, to establish a Workers' Compensation Claims Reserve Fund.

ARTICLE 14

To see if the Town will vote to transfer the sum of Ninety Thousand ($90,000) Dollars from the FY2000 Budget for Workers' Compensation Insurance to the Workers' Compensation Claims Reserve Fund.

- This transfer will be used to finance the establishment of the Workers' Compensation Claims Reserve Fund. The Workers' Compensation Claims Reserve Fund will cover any outstanding claims for prior years as well as finance future claims.

- The amount to be transferred Ninety Thousand ($90,000) Dollars represents Sixty Thousand ($60,000) Dollars from the FY2000 Budget for current claims and Thirty Thousand ($30,000) Dollars encumbered from the FY1999 Budget into the FY2000 Budget for outstanding claims for the prior year.

Motion - Article 14

I move the Town vote to transfer the sum of Ninety Thousand ($90,000) Dollars from the FY2000 Budget for Workers' Compensation Insurance to the Workers' Compensation Claims Reserve Fund.

ARTICLE 15

To see if the Town will vote to approve the project certification application submitted by Bio Chem Pharma, Inc. for a facility located on lots 34 and 39 on Assessors Map 21 to approve the form of the Tax Increment Financing (TIF) Agreement between Bio Chem Pharma, Inc. and the Town of Northborough, as presented in the handout entitled TIF Agreement between the Town of Northborough and Bio Chem Pharma, Inc. and the corresponding TIF Plan, copies of which were available in the Town Clerk's office continuously prior to the posting of the warrant until the time of Town Meeting; and to confirm that the proposed project a) is consistent with the goals of the Economic Opportunity Area (EOA) and will benefit significantly from its inclusion in said EOA, b) will not overburden the Town's municipal services, infrastructure, and utilities servicing the EOA, c) will facilitate the appropriate reuse of a decadent property as per section 2.03 of 402 CMR, and d) will be designated as a Certified Project for a term of up to twenty (20) years; and to authorize the Board of Selectmen to execute the TIF Agreement and any documents related thereto to implement the TIF Agreement or to take any other action relative thereto.

-These are the final local components of the Economic Development Plan for this project. The TIF Agreement provides for the phasing in of the additional taxes associated with the change of use and improvements to be made by Bio Chem Pharma, Inc. associated with renovation to 30 Bearfoot Road, as designated on lots 34 and 39 on Assessors Map 2 1.

Motion - Article 15

I move the Town vote to approve the project certification application submitted by Bio Chem Pharma, Inc. for a facility located on lots 34 and 39 on Assessors Map 21 to approve the form of the Tax Increment Financing (TIF) Agreement between Bio Chem Pharma, Inc, and the Town of Northborough, as presented in the handout entitled TIF Agreement between the Town of Northborough and Bio Chem Pharma, Inc. and the corresponding TIF Plan, copies of which were available in the Town Clerk's office continuously prior to the posting of the warrant until the time of Town Meeting; and to confirm that the proposed project a) is consistent with the goals of the Economic Opportunity Area (EOA) and will benefit significantly from its inclusion in said EOA, b) will not overburden the Town's municipal services, infrastructure, and utilities servicing the EOA, c) will facilitate the appropriate reuse of a decadent property as per section 2.03 of 402 CMR, and d) will be designated as a Certified Project for a term of up to twenty (20) years; and to authorize the Board of Selectmen to execute the TIF Agreement and any documents related thereto to implement the TIF Agreement or to take any other action relative thereto.