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Minutes 02/06/2007
February 6, 2007

   Randall W. Dean

Lucy B. Wallace

William J. Marinelli

R. Scott Kimball

Robert E. Eubank

 

Chair, Randy Dean, called the meeting to order at 7:30 P.M. in the Town Hall Meeting Room. 

 

APPOINTMENT – PLANNING BOARD – Mary Essary, Barbara Brady and Joe Sudol, Planning Board members, were in attendance to recommend that their Associate member, Peter Brooks, be appointed to the full time position, which was left vacant by Bill Ashe’s resignation.  On Essary/Wallace motion, the Board and the Planning Board voted unanimously by a roll call vote (Essary – AYE, Brady – AYE, Sudol – AYE, Wallace – AYE, Dean – AYE, Eubank – AYE, Kimball – AYE) to appoint Peter Brooks to the Planning Board until the next town election.

 

MASSCHUSETTS HOUSING OPPORTUNITIES CORPORATION (MHOC) – AYER/LITTLETON ROAD – PROJECT UPDATES – Lucy explained that the town has partnered with MHOC for two Local Initiative Programs (LIP) for two sites, one on Ayer Road and one on Littleton Road.  Michael Ivas and Gerry Welch from MHOC, were in attendance to update the Board on the status of these two projects.  Mr. Welch updated the Board on the Littleton Road project first.  He explained that there will be 12 units, in four separate buildings, three units per building.  There will be three affordable units.  He explained that there are two septic fields and the testing is complete, and it is anticipated that the appropriate plans will be filed with the Board of Health within the next two weeks.  MHOC’s engineer has been in contact with the town’s Water Commission since the site is within the town’s water district, and there have been ongoing discussions about how to handle the water.  Gerry further explained that there is a walkway, which runs behind the project and leads into the town center.  Gerry presented the Board with the current architectural plans for the four buildings, and noted that each building is different due to the site’s topography.  MHOC will have their first hearing with the ZBA on Wednesday, 2/14.  The Board and the public asked questions of Gerry with regard to the Littleton Road project.  Gerry then went on to explain the Ayer Road project and the status of that project.  Gerry explained that the site will consist of 32 residential units, 14 one bedroom units with 3 of those being affordable, and 18 2 bedroom units with 5 of those being affordable.  In the front of the project, there will be 8,000 square feet of commercial space, which at this point, there are no tenant (s) to fill the space.   MHOC has met with the Conservation Commission on two separate occasions, and have filed a Notice of Intent with regard to the test wells.  The Conservation Commission has requested that entire scope of work to be done in the 100 foot buffer zone be included in the Notice of Intent, which MHOC is in the process of doing.  The Conservation Commission will hold their next hearing with regard to this project on 3/1.  Gerry further explained that the septic testing has been completed and the

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appropriate paperwork will be filed with the Board of Health within the next 24 hours.  The ZBA will be holding another hearing at their meeting of 2/21, where they will be hearing back from Nitsch Engineering, the ZBA’s consultant, with regard to the various engineering issues such as drainage, septic, well and fill information.  Gerry further reported that they have met with the Fire Department

 

PROSPECT HILL VIEWSHED ADVISORY COMMITTEE – Bob reported that the Prospect Hill Viewshed Advisory Committee met on 2/5 with representatives of Bristol Myers Squibb (BMS) to again go over the coloration scheme for the Devens facility.  Bob explained that the committee had met in early January and felt that at that time the coloration scheme was closer to what the committee had envisioned, and felt that what BMS brought forward at the 2/5 meeting, had somewhat digressed.  They have expressed this feeling to the BMS representatives in attempt to return them to the January color scheme.  The long of the short of is it, that they are quite close to having an acceptable coloration scheme.  Bob will report further at a future meeting. 

 

LONG RANGE FINANCIAL PLANNING COMMITTE – Bob reported that he and Randy have been discussing the idea of having a Long Range Financial Planning Committee, as recommended at a previous meeting.  They have reached a couple of conclusions which are that there are a number of existing committees in town which already have some responsibility for long term planning, so this committee would need to serve as an oversight of these committees and should encompass all of the potential issues that may be within the various committee’s purview and wrap it and come up with a vision statement.  An example of some these issues include affordable housing, education and the schools, elderly and their care, revenue and expense projections and other budgetary issues.  Based on these preliminary discussions, the idea is gearing up for a more concise written charge or goals of this committee and to begin seeking members to serve on this committee.  The Board asked questions of Bob and Randy with regard to this committee.  The Board will discuss the issue at a future meeting. 

 

AMBULANCE BILLING – Bob reported that they have met with squad and have all  approved the billing of nonresidents, subject to the following conditions; that there is a memo of understanding from the Selectmen that this is not a two-step process to get them to bill everyone, and that this current Board of Selectmen is not going to suggest that any future board could have their hands tied when looking into the possibility of any billing; secondly, the ambulance squad would like clarification of where the money will go from the billing.   Currently, there is a review of the billing options, whether to use and outside billing company or if it should be done in house.  The ambulance squad is working on coming up with a written procedure with regard to the billing.  The goal is to be up and running by town meeting.  Bob will report further at a future meeting.  Bob thanked the squad for the hard work they have done to help analyze this situation, and congratulated them on their conclusion on the final analysis.

 

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FORMAL DIALOGUE – SENATORS & STATE REPRESENTATIVE – CHAPTER 40B & FINANCES & OTHER ISSUES –The Selectmen have are in receipt of a number of communications from residents regarding some of Harvard’s big issues, such as finances and Chapter 40B.  Lucy suggested getting a Finance Committee representative and a School Committee representative and see if there can be a more formal dialogue with Senator Resor and Representative Eldridge to bring forth some of these concerns.

 

MARCH 15TH, 16TH AND 17TH – NEW ENGLAND MUSIC FESTIVAL – BROMFIELD SCHOOL – Lucy reported that the New England Music Festival will be in Harvard at the Bromfield School on March 15th, 16th and 17th.  Currently, host families are being sought to house some of the participating children.  Interested individuals should contact the schools, particularly Charles Kronauer, it they are able to host some of the participating children.

 

ENERGY STUDY – Joe D’Eramo of Warren Avenue and Bill Blackwell of  Willow Road were in attendance and were seeking the Board’s support with regard to conducting an energy study within the Town of Harvard.  The gentlemen expressed their concerns with regard to rising energy costs and those effects on Harvard and it’s budgets, and have volunteered their time to begin to investigate the town’s current buildings and their energy efficiency, and if there is an opportunity to reduce costs among these buildings.  The Board asked questions of these gentlemen and gave their support for them to go about their research, including contacting various town department heads.  The Board thanked them for their willingness to take this issue on and look forward to hearing back from them with regard to their findings. 

 

40B CONCERNS – STATE LEGISLATORS – Mort Miller of Westcott Road, Keith Cheveralls of Quarry Lane and Tony Marolda of Jacob Gates Road, were in attendance and voiced their concerns with regard to how 40B’s are effecting Harvard, and what Harvard’s options are with regard to working with the developers within the confines of Chapter 40B.  They have suggested contacting the state legislators to see if there are different funding sources available for seeking assistance with perhaps zoning amendments, or other avenues for combating 40B’s.  The Board discussed the issue with the gentlemen.  They had drafted a letter to send the Senator Resor and Representative Eldridge with regard to the issue and urged the Selectmen to the same.  Bill offered to work with the gentlemen to come up with a letter to present to the Board at their next meeting.

 

MINUTES – On a Wallace/Eubank motion, the Board voted unanimously to accept the minutes of 1/16, as amended.

 

JOINT BOARDS OF SELECTMEN (JBOS) – UPDATE – Lucy updated the Board on the recent JBOS meeting which took place at the Ayer Town Hall, on January 24th

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An issue was brought up with the Devens Committee and what their level of participation should be with regard to disposition. Bill Marinelli arrived at the meeting at this time (9:02 P.M.) It was agreed, as indicated in the Board’s vote taken on the use at their 12/19/06 meeting, that the Devens Committee be fully included in the JBOS. Additionally, the Board discussed the process on how to go forward with the JBOS, and how various decisions will be handled with regard to JBOS and the individual stakeholders.  Lucy sought clarification on the definition of JBOS, and that her interpretation was that they discuss issues and the individual Selectboards will bring back JBOS recommendations for the respective Boards to vote on. The Board discussed the issue and agreed with Lucy’s interpretation.  The Board will discuss further at a future meeting.

 

BROMFIELD – WASTEWATER TREATMENT FACILITY – EXCESS CAPACITY – Tim Clark of the Town Center Planning Committee (TCPC) was in attendance, to update the Board of the TCPC’s activities.  Tim reported that in the fall of 2006 the TCPC had noted two items that would need to be resolved to address a municipal or public sewer system for the town center. One of which, was the investigation of the potential use of the Harvard Conservation Trust’s (HCT) Dolan-Mason land, for an expansion leach field.  It was later determined that the soils were not suitable.  The second resolution item identified by the TCPC was for the Board to approach the Department of Environmental Protection (DEP) to ascertain the excess capacity of the existing package treatment facility located at the Bromfield School.  Currently, the facility is permitted at 23,000 gallons/day, which is the DEP’s standard for the schools and the new library, which was understood that with the appropriate documentation of actual usage, the DEP would allow the permit to be amended to reflect the reduced utilizations by the schools, thereby creating an excess capacity that could potentially be sued by other buildings located in the town’s center.  At this point, the TCPC is recommending that the town meet with the DEP to find out what their requirements would be to amend the existing permit, what they would prefer as additional use of the existing facility, and what their requirements would be if the town chose to proceed with a town center system.  Environmental Partners Group (EPG) has submitted a proposal in the amount of $2500 to handle such a meeting.     At this time, the Board felt that the $2500 was an unnecessary charge, and the various numbers regarding the existing wastewater facility can be found without the use of a consultant.  The Board asked questions of Tim and Lucy.  On a Wallace/Marinelli motion, the Board voted unanimously to authorize Bill to work with the TCPC to set up a meeting with the DEP to begin discussions on the potential of excess capacity on the school’s system.

 

SHAKER VILLAGE 40B ADHOC COMMITTEE – CHARGE – Lucy presented the Board with a draft charge for the Shaker Hills 40B Adhoc Committee.  The Board discussed the charge, and heard the public’s feedback with regard.  On a Wallace/Eubank motion, the Board voted unanimously to accept the charge for the Shaker Hills 40B Adhoc Committee, as amended. 

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APPOINMENT – SHAKER HILLS 40B ADHOC COMMITTEE – On a Wallace/Eubank motion, the Board voted unanimously to appoint Kara Minar, as the Planning Board’s representative on the Shaker Hills 40B Adhoc Committee.

 

APPOINTMENT – ELECTION OFFICIAL – On a Kimball/Marinelli motion, the Board voted unanimously to appoint Gail Conlin, of 146 Littleton County Road, as an Election Official for the Republican Town Committee.

 

APPOINTMENT - MINUTEMAN NASHOBA HEALTH GROUP (MNHG) – On a Wallace/Marinelli motion, the Board voted unanimously to appoint Tim Bragan to the MNHG.

 

CHAPTER 61A – STOW ROAD – MAKA – Tim informed the Board that he has received notice from all potentially interested parties with regard to the Chapter 61A property located on Stow Road, that they have no interest in the said parcel.  The Board asked if the Harvard Conservation Trust was notified, which they were not.  The Board asked Tim to contact the HCT  and the State, as the Delaney project abuts this propertyto see if they are interested before the Board takes action on this parcel.

 

PERSONNEL BOARD – FY’08 – COLA INCREASE – Randy informed the Board that the Personnel Board recently met and voted for the COLA increase for the non-union personnel for FY’08 to be 2%.  On a Wallace/Marinelli motion, the Board voted unanimously to accept the recommendation of the Personnel Board.

 

TRANSFER STATION – STICKER FEES – Tim presented the Board with the actual numbers to date for the Transfer Station sticker fees revenue for fiscal year 2007, as well as, the estimates for fiscal year 2007.  Additionally, Tim presented a scenario for fiscal year 2008, by increasing the sticker cost by $10.  The Board asked questions of Tim with regard to the cost of transfer station stickers.  On a Marinelli/Wallace motion, the Board voted 4 to 1 (Kimball – NAY) to raise the Transfer Station sticker fee from $225 to $235.

 

MASSACHUSETTS MOTORCYCLE ASSOCIATION – SIGN REQUEST – Tim and the Police Chief have met to discuss this sign request.  The Board felt that the premise is a good one, however, the sign as presented, is far too large.  On a Marinelli/Eubank motion, the Board voted unanimously to authorize Tim to send a letter informing the Association, that the sign, as presented, is far too large.

 

HISTORICAL COMMISSION – 5 ELM STREET – Tim presented the Board with a notice form the Historical Commission with regard to the property located at 5 Elm Street, which is requesting approval from the Historical Commission for a substantial renovation to their property.  The Board thought the renovations would look nice and had no formal comment on the matter.

 

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FISCAL YEAR 2008 BUDGET – ISSUES – Tim informed the Board that the Finance Committee has some questions with regard to some of the Selectmen’s budgets.  The budgets the Finance Committee were concerned with were the Fire Department’s request for training 3 members, the $2,000 for the SAFE program, the Police Department’s overtime budget and the proposed additional sergeant’s position, the increase in hours from 4 to 5 for the COA’s outreach coordinator’s position, and the budget for Town Counsel. The Board discussed these budgets, and felt that they were submitted adequately, with the exception of Town Counsel’s budget.  The Board asked Tim to inquire from Town Counsel if the amount could be reduced since it appears there will be no litigation with Fruitlands.  Tim will report further at a future meeting.

 

SHAKER HILLS 40B – Tim informed the Board that he met with Joseph Levine, the Manager for Northeast Site Development, LLC regarding the “Harvard Village” aka “Shaker Village” project that is proposed for the Shaker Hills golf Course.  He reported that they talked about the project and the ad-hoc committee.  He gave him the names of the committee members and discussed the fact that the committee’s first meeting or two would be to get organized and then meet with him and his group.  He agreed that this was a good approach and would wait for their invite to a meeting.  He does know that these are open meetings under the law and that he could attend if he wanted to. 

 

NON-FINANCIAL WARRANT ARTICLES – Tim informed the Board that he had received a number of communications from various boards regarding non-financial warrant articles.   The Planning Board is requesting a protective by-law change regarding “Museum”, he immediately turned it around so that they could advertise and begin their hearing process. On a Marinelli/Wallace motion, the Board voted unanimously to refer the Museum bylaw on to the Planning Board so that they can hold the required public hearing on the matter. The board also received a petition from citizens regarding allocating $25,000 for a Special Education audit.  Tim has checked with the Town Clerk and the requisite numbers of signatures were certified to put this on the warrant.  The Board asked questions of Tim with regard to the various warrant articles.

 

NEW ENGLAND MUSIC FESTIVAL – LETTER FOR PROGRAM – Tim informed the Board that he received communication from Tom Reynolds regarding the New England Music Festival and his request for a letter from the Board to be put into their program. Tim drafted a letter for the Board’s approval.  On a Wallace/Eubank motion, the Board voted unanimously to approve the letter as presented, and authorized Randy to sign on behalf of the Board.

 

FORMER AMBULANCE – FROZEN PIPE – Tim informed the Board that there was a water line break in the old ambulance building and froze the pipes.  The town clerk’s vault was not damaged and its heating system is still working.  He further reported that he decided not have the repairs done at this time as the building’s use is not critical.  He will work with the Fire Chief to find a new location for the SAFE office.

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HILDRETH HOUSE – LEAK – Tim informed the Board that there was a leak in Hildreth House’s oil tank.  He instructed Ginger to call the oil company and have it repaired.  The problem was a loose nut near the filter.  There was no charge for the service call.

 

***On a Wallace/Marinelli motion, the Board voted unanimously by a roll call vote (Kimball – AYE, Eubank – AYE, Dean – AYE, Wallace – AYE, Marinelli – AYE) to enter into executive session, as authorized by Chapter 39, Section 23B of the Massachusetts General laws, at a meeting for which 48 hours notice has been given, for the purpose of discussing strategy with respect to collective bargaining.  Following the executive session, the Board will reconvene into open session for the sole purpose of adjourning.*** 

                                              

The meeting was adjourned at 10: 43 P.M.