WARRANT FOR THE SPECIAL TOWN MEETING: COMMONWEALTH OF MASSACHUSETTS
WORCESTER, ss
To the Constable of the Town of Harvard:
Greetings:
In the name of the Commonwealth, you are hereby required to notify and warn the inhabitants of the said Town, who are qualified to vote in Town affairs, to meet in The Bromfield School on Wednesday, the 10th day of October, 2007 at 7:30 p.m. by the clock to act on the following articles:
ARTICLE 1: TRANSFER OF FREE CASH
To see if the Town will vote to transfer the sum of $305,432.00 from Certified Free Cash to the Stabilization Account, or pass any vote or votes in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 2: POLICE CONTRACT – UNION WAGES
To see if the Town will vote to ratify the Police Union Collective Bargaining Agreement and to fund this agreement by transferring from Certified Free Cash the sum of $44,745.00 to be added to the appropriate line(s) of Article 4 of the March 31, 2007 Annual Town Meeting Warrant in order to fund the collective bargaining agreement, or pass any vote or votes in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 3: EMERGENCY DISPATCH – UNION WAGES
To see if the Town will vote to ratify the Emergency Dispatch Union Collective Bargaining Agreement and to fund this agreement by transferring from Certified Free Cash the sum of $10,473.00 to be added to the appropriate line(s) of Article 4 of the March 31, 2007 Annual Town Meeting Warrant in order to fund the collective bargaining agreement, or pass any vote or votes in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 4: PUBLIC WORKS – UNION WAGES
To see if the Town will vote to ratify the Public Works Union Collective Bargaining Agreement and to fund this agreement by transferring from Certified Free Cash the sum of $23,370.00 to be added to the appropriate line(s) of Article 4 of the March 31, 2007 Annual Town Meeting Warrant in order to fund the collective bargaining agreement, or pass any vote or votes in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 5: SCHOOL FUNDING
To see if the Town will vote to transfer $212,792.00 with $92,768.00 coming from Line 58 (Employee Benefits) of Article 4 of the March 31, 2007 Annual Town Meeting and $120,024.00 coming from Certified Free Cash, and to appropriate said amount to the proper line(s) within the School Operating Budget appropriation under said Article 4 and to raise and appropriate $83,150.00 to be added to the appropriate line(s) of said Article 4 in order to fund the School Operating Budget, or pass any vote or votes in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 6: NON-UNION EMPLOYEE COMPENSATION
To see if the Town will vote to raise and appropriate $36,821.00 to be added to the appropriate line(s) of Article 4 of the March 31, 2007 Annual Town Meeting Warrant and to transfer from Line #34 (Monty Tech) of Article 4 the sum of $1,490.00 to the appropriate line(s) of said Article 4 for a total of $38,311.00 to fund the collective bargaining agreement, or pass any vote or votes in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 7: HEALTH INSURANCE OFF-SET
To see if the Town will vote to transfer from Certified Free Cash the sum of $73,200.00 to be added to the appropriate line(s) of Article 4 of the March 31, 2007 Annual Town Meeting Warrant in order to fund one-time payments, as a health insurance off-set, for non-union Town employees who were receiving health insurance prior to July 1, 2004 and who are still employed by the Town, or pass any vote or votes in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 8: LOCAL PREPAREDNESS GRANT DEFICIT
To see if the Town will vote to transfer from the Stabilization Account the sum of $294.12 to close a deficit in a Local Preparedness Grant, or pass any vote or votes in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 9: POLICE DETAIL ACCOUNT DEFICIT
To see if the Town will vote to transfer from the Stabilization Account the sum of $2,037.52 to close a deficit in Police Detail Account, or pass any vote or votes in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 10: TOWN BYLAW CHANGES
To see if the Town will vote to change the Code of the Town of Harvard by deleting therefrom in their entireties Chapter 78, Sections 7-A (Vacation) and 7-B (Sick Time) and replacing said sections with a new section 7-A (Paid Time Off) to read as follows:
A. Paid Time Off (PTO). Regular employees are entitled to paid time off each year based on the amount of continuous service originating with the date of hire using the following schedule:
Years of Service – PTO (days)
1 – 25
2 – 26
3 – 27
4 – 28
5 – 29
6 – 30
7 – 31
8 – 32
9 – 33
10 – 34
11 or more – 35
ARTICLE 11: 4TH OF JULY REVOLVING ACCOUNT
To see if the Town will vote to authorize a revolving account, as allowed by Massachusetts General Laws Chapter 44, Section 53E ½, to be used to fund the activities of the Fourth of July Committee with the revenue or expenditures of this account not to exceed $25,000 in any given fiscal year, or take any action in relation thereto.
(Inserted by the Board of Selectmen)
ARTICLE 12: LAND TRANSFERS AND EASEMENTS TO THE GENERAL STORE
To see if the town will vote to:
A.
1) Instruct the Parks and Recreation Commission to transfer the care, custody, management and control of the fee in all or any part of the areas of land comprising part of the Town Common shown as “Parcel 1”, containing 1,195 square feet, and “Parcel 2”, containing 37 square feet, on a plan entitled “Plan of Land in Harvard, Mass. Prepared for MERA07, LLC”, dated September, 2007, prepared by David E. Ross Associates, Inc., Civil Engineers – Land Surveyors, Environmental Consultants, a copy of which plan is on file in the Office of the Town Clerk, to the Board of Selectmen for the purpose of selling, conveying or otherwise disposing of said parcels of land to MERA07, LLC;
2) Authorize the Board of Selectmen to sell, convey or otherwise dispose of the fee in all or any part of said parcels of land to MERA07, LLC; and
3) Authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts to adopt an act authorizing a change of use and conveyance of said parcels of land, or pass any vote or votes in relation thereto.; and
B.
1) Instruct the Parks and Recreation Commission to transfer the care, custody, management and control of easements in all or any part of the areas of land comprising part of the Town Common shown as Easement “A” and Non-Exclusive Easement “B” on the above-referenced plan to the Board of Selectmen for the purpose of granting, selling or otherwise disposing of (i) said EASEMENT A to MERA07, LLC for the purpose of operating, repairing, maintaining, replacing and upgrading a septic system serving the general store situated on the adjoining parcel of land; and (ii) said Non-Exclusive Easement B to MERA07, LLC for the purpose of access, ingress and egress on foot and by motorized and non-motorized vehicles and parking for the owners, employees, agents, suppliers, customers, and all other visitors or invitees of said general store;
2) Authorize the Board of Selectmen to grant, sell or otherwise dispose of said easements in all or any part of said areas of land to MERA07, LLC; and
3) Authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts to adopt an act authorizing a change of use and the grants of easements in said areas of land, or pass any vote or votes in relation thereto.
ARTICLE 13: GRANT SEPTIC SYSTEM EASEMENT TO CONGREGATIONAL CHURCH
To see if the Town will vote to:
1) Instruct the Parks and Recreation Commission to transfer the care, custody, management and control of an easements in all or any part of the area of land comprising a part of the Town Common shown as Easement “C” on the plan entitled “Plan of Land in Harvard, Mass. Prepared for MERA07, LLC”, dated September, 2007, prepared by David E. Ross Associates, Inc., Civil Engineers – Land Surveyors, Environmental Consultants, a copy of which plan is on file in the Office of the Town Clerk, to the Board of Selectmen for the purpose of granting, selling or otherwise disposing of said EASEMENT C to the Congregational Church of Harvard, United Church of Christ for the purpose of operating, repairing, maintaining, replacing and upgrading a septic system serving the church situated on the adjoining parcel of land; and
2) Authorize the Board of Selectmen to grant, sell or otherwise dispose of said easement in all or any part of said area of land to the Congregational Church of Harvard, United Church of Christ; and
3) Authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts to adopt an act authorizing a change of use and the grant of an easements in said area of land, or pass any vote or votes in relation thereto.
ARTICLE 14: CITIZEN PETITION
To see if the Town will vote to approve a motion of censure of the Harvard School Committee for the following actions undertaken while the District Administration is under review by state regulatory agencies for alleged ethics violations and alleged misuse of scarce public funds:
1. Prematurely extending the Superintendent’s contract without need or justification.
2. Providing an unwarranted positive annual performance review of the Superintendent of Harvard’s Public Schools.
3. Summarily dismissing irregularities noted in the Town’s external financial audit report, thus challenging the fabric of prudent financial controls.
These actions compromise the integrity of Harvard’s precious public schools at a time when we collectively seek favorable consideration from the legislature and executive branch of state government for equitable increases of Chapter 70 funding.
(Inserted by petition)
ARTICLE 15: HES PUMPING STATION
To see if the Town will vote to transfer from the Stabilization Account a sum of money to review and plan for the replacement of the HES Pumping Station said review to provide plans and bid documents for a new pumping facility to replace the current system, or take any action in relation thereto.
(Inserted by the Board of Selectmen)
ARTICLE 16: CPC ARTICLE AMENDMENT
To see if the Town will vote to amend its vote under Article 30 of the March 31, 2007 Annual Town Meeting Warrant by adding the words “Housing Reserves” after the word “Fund” in the first sentence so that the vote will now read as follows:
“I move that the Town vote to appropriate and transfer from the Community Preservation Fund Housing Reserves the sum of $110,209. to be deposited in the Harvard Municipal Affordable Housing Trust Fund.”
Or take any action in relation thereto.
(Inserted by the Board of Selectmen)
And you are directed to serve this Warrant by posting three attested copies thereof, one at the Town Hall, one at the Post Office in Harvard, and one at the Post Office in Still River, as directed by vote of the Town, seven days at least before the time of holding said meeting. Hereof fail not, and make due return of this Warrant with your doings thereon to the Town Clerk at the time and place of said meeting.
Given under our hands this 24th day of September, Two Thousand and Seven.
Lucy B. Wallace
Robert E. Eubank
Timothy A. Clark
William J. Marinelli
Randall W. Dean
Board of Selectmen
I hereby certify that I have posted three attested copies of the Warrant for the Annual Town Meeting, one at the Town Hall, one at the Post Office in Harvard, and one at the Post Office in Still River, as directed by vote of the Town, seven days at least before the time of holding said meeting.
Kerry L. Curley, Constable
