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Minutes 02/27/2007
February 27, 200



    Randall W. Dean
Lucy B. Wallace

illiam J. Marinelli
R. Scott Kimball
Robert E. Eubank

 

Chair, Randy Dean, called the meeting to order at 7:00 P.M. in the Town Hall Meeting Room. 

 

***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 litigation.  Following the executive session, the Board will reconvene into open session.***

 

The Board reconvened into open session at 7:36 P.M. 

 

PLANNING BOARD – TOWN MEETING ARTICLES – Planning Board members, Mary Essary and Barbara Brady, were in attendance to discuss the Planning Board’s articles for the Annual Town Meeting.  Mary explained that the Planning Board met last night to hold their hearings on the bylaw amendments on the warrant for the Annual Town Meeting.  The Board asked questions of Mary with regard to the various amendments, in particular with regard to the proposed museum bylaw.    Barbara was in attendance to explain the home rule petition, which will appear in the warrant for the town meeting.  The petition, she explained, if passed, is to offer property tax exemptions for registered affordable accessory apartments used as affordable housing.  She explained the details of the home rule petition and answered the Board’s questions with regard to it.

 

FRUITLANDS – APPLICATION FOR GRANT – Bob explained that Fruitlands is seeking the Board’s support with regard to an application for a Feasibility and Technical Assistance Grant, which would enable Fruitlands to undertake comprehensive master planning from the new Massachusetts Cultural Facilities Fund to assess potential uses and to guide long term preservation and sustainability of the museum.  On a Eubank/Wallace motion, the Board voted unanimously to authorize the Chair to sign their endorsement for Fruitlands assistance grant application.

 

MINUTES – On a Wallace/Eubank motion, the Board voted unanimously to accept the minutes of 2/6, as amended.

 

APPOINTMENT – SHAKER HILLS ADHOC COMMITTEE – On a Wallace/Kimball motion, the Board voted unanimously to appoint David Hopper to the Shaker Hills Adhoc Committee.

 

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February 27, 2007 – Page 2

 

CHAPTER 61A – MAKA – STOW ROAD – Tim informed the Board that he received word back from the Harvard Conservation Trust with regard to the Chapter 61A Maka property located on Stow Road, and that they have no interest in the property.  On a Wallace/Eubank motion, the Board voted unanimously not to exercise their right of first refusal on the Maka property located on Stow Road and notify the seller accordingly. 

 

FORT DEVENS MUSEUM – SUPPORT – The Board is in receipt of a letter seeking endorsement of the Fort Devens Museum application for a matching grant in the amount of $650,000 from the Massachusetts Cultural Facilities fund for the renovation of the former Red Cross building located on Barnum Road at Devens, to become the museum’s new location.  On a Wallace/Eubank motion, the Board voted unanimously to endorse this project, and authorize the Chair sign on behalf to send a letter of support to the Fort Devens Museum.

 

APPLE BLOSSOM FESTIVAL – Tim informed the Board that he received a request from the Ayer Rotary Club relating to the 2007 Apple Blossom Festival, which is scheduled for Saturday, May 12th from 10:00 A.M. to 4:00 P.M.  Should the even be postponed to the following day as a result of rain, the Ayer Rotary Club is requesting Sunday Entertainment License for Sunday, May 13th from 12:00 P.M. to 4:00 P.M.  On a Wallace/Eubank motion, the Board voted unanimously to grant a Sunday Entertainment License to the Ayer Rotary Club for May 13th, in the event that the Apple Blossom Festival is rained out on Saturday, May 12th.

 

LIBRARY REQUEST – BANNER – OPENING – Tim informed the Board that the Library has requested the placement of a banner informing the public the opening day of the new library.  On a Wallace/Eubank motion, the Board voted unanimously to approve the Library’s request for the placement of a banner, under the condition that it not interfere with the placement of the banner annually placed on Massachusetts Avenue stating the dates of the Annual Town Meeting and Annual Town Election.

 

ANNUAL TOWN MEETING – WARRANT – BALLOT QUESTION – APPROVAL – Tim presented the Board with the draft of the warrant for the March 31st Annual Town Meeting.   Tim explained that he is still waiting for the final language from Town Counsel with regard to the bylaw amendments.  On a Wallace/Eubank motion, the Board voted unanimously for the placement of the following questions on the ballot:

 

            QUESTION #1 – Proposition 2 ½ Levy Limit Override

           Shall the Town of Harvard be allowed to assess an additional $650,000 in real estate and personal property taxes for the purposes of funding the Town’s operating budget for the fiscal year beginning July 1, 2007?

 

            QUESTION #2 – Proposition 2 ½ Levy Limit Override

           Shall the Town of Harvard be allowed to assess an additional $113,500 in real estate and personal property taxes for the purposes of funding additional expenses for Local Schools for the fiscal year beginning July 1, 2007?


QUESTION #3 – Capital Outlay Exemption
Shall the Town of Harvard be allowed to assess an additional $140,000 in real estate and personal property taxes for the purpose of purchasing a 6-wheel dump truck with plow for the Department of Public Works, for the fiscal year beginning July 1, 2007?


 

The Board went through the warrant article by article and made minor wording adjustments.  The Finance Committee presented the Board with an article to be placed on the warrant with regard to a Special Education Audit, separate from the Citizen’s petition with regard to a Special Education Audit.    On a Wallace/Eubank motion, the Board voted unanimously to include the following as an article on the warrant:

 

To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money to be expended by a Special Education Task Force comprised of two members of the Finance Committee, one member of the School Committee, one member of the Board of Selectmen and two members of the public appointed by the School Committee, to contract for and oversee an independent review of the operations and expenditures of the Harvard Public School’s Special Education program under the auspices of the School Committee and with the full cooperation of the Town of Harvard’s officials and employees, and to deliver a report to a joint meeting of the Board of Selectmen, Finance Committee and School Committee, with unexpended funds as of June 30, 2008 being returned to their funding source, or pass any vote or votes in relation thereto.  To insure student privacy, the review will be conducted by an independent consultant selected by the Task Force and no Task Force member shall have access to information that compromises the confidentiality of individual student information.

 

At this point the Board was presented with a citizen’s petition with regard to the selection of the Finance Committee.  It read as follows:

 

To propose that the Town vote to make selection of Finance Committee members subject to public election by ballot, with each position holding a three-year term.  Currently Finance Committee members are appointed, not elected, to renewable three year terms by the Town Moderator.  New candidates for Finance Committee would, under this petition, be voted upon by ballot at the expiration of each member’s present term.

 

The Board discussed this petition and whether it should be included in the warrant.  The petitioners complained that they had dropped it off at 6:30 at the Town Hall, however, the Town Clerk was not there to certify the signatures.   On a Eubank/Wallace motion, the Board voted 4 to 1 (Kimball- NAY) to include the citizen’s petition on the warrant for the town meeting.  The Board then discussed whether or not the selection of the Finance

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February 27, 2007 – Page 4

 

Committee should be reviewed and there was a suggestion made that the Selectmen should have Town Counsel create the language for that to be placed on the town meeting warrant.  On a Eubank/Wallace the Board voted 3 to2 (Kimball – NAY, Marinelli – NAY) to include such an article on the warrant.  On a Wallace/Eubank motion, the Board voted unanimously to approve and close the warrant for the Annual Town Meeting and will sign the warrant when the final language has been received from Town Counsel.

 

RESIGNATION – SCHOOL COMMITTEE – Tim informed the Board that Paul Wormser has resigned from the School Committee.  The School Committee is seeking a new member to fill the vacancy.  The Board will handle at a future meeting.

 

LOCAL INITIATIVE PROGRAM (LIP) – 15 LITTLETON ROAD – Tim informed the Board the approval for the LIP status and site eligibility and preliminary approval from the Department of Housing & Community Development (DHCD) has been received for the Harvard Common Condominiums project located at 15 Littleton Road.

 

PINE HILL VILLAGE – STOW ROAD – Tim informed the Board that Transformations, Inc has submitted site approval application for a project located south of 260 Stow Road on lots identified as lots 85 & 86.1 consisting of 20+ acres.  The project as presented is for 24 units, 12 detached condominiums and 12 attached condominiums.  The project is energy efficient and would include 6 affordable units. 

 

TOWN WEBSITE – COMMON CAUSE – RECOGNITION – Tim notified the Board that the Massachusetts Campaign for Open Government, which is a project of the non-partisan group Common Cause, issued a report last year calling for increased access to important governance public records.  Further, he reported that as part of the initiative they examined the internet presence of all 351 cities and towns, to discover whether or not certain designated essential information could be found on the town’s website.  Harvard was one of only 41 Commonwealth communities to post this ‘essential’ information on their website.  As a result, Common Cause has chosen to recognize the achievement, and will be holding an event on March 15th at 1:00 P.M. in the Nurse’s Hall of the State House.  The Selectmen congratulated Valeska on the achievement and suggested that she attend the event.

 

***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 a non-union personnel issue.  Following the executive session, the Board will reconvene into open session for the sole purpose of adjourning.*** 

                                              

The meeting was adjourned at 10:17 P.M.