Board of Selectmen
Minutes
November 4, 2008
Timothy A Clark Peter E. Warren
Lucy B. Wallace Leo F. Blair Ronald V. Ricci
The meeting was called to order at 7:00 P.M. by Chair, Leo Blair in the Town Hall Meeting Room.
MINUTES – On a Warren/Clark motion, the Board voted unanimously to approve the minutes of 10/14, as presented. 10/21: On a Wallace motion the board voted unanimously to approve the 10/21 minutes as amended.
TOWN ADMINISTOR REPORTS –
Tim Bragan informed the board that Vicki Smith, Town Treasurer/Collector has been re-certified by the Board of Certification of the Massachusetts Collectors and Treasurers Association; she will be recertified in five years.
Tim Bragan told the board members that the Draft of the Off-Site Directional Sign Policy and Procedures is finished and he is waiting for Attorney Lanza’s comments. He urged the board to take up the policy and procedure at its next regularly scheduled meeting.
Tim Bragan informed the board he is still working on the liquor license fee schedule with the department heads and counsel and explained that the schedule will be ready for the next Selectmen’s meeting.
Tim Bragan explained that he had been made aware that the town does not have the MGL chapter 32B section 3 required Insurance Advisory Board and is in the process of putting said board together. The Board of Selectmen will have to appoint a retiree representative to the board; Bragan will provide the board with a list of Harvard retirees to choose from.
Tim Bragan notified the board that he received a letter regarding the consortium bid for road salt and the winning bidder was Granite State Minerals, Inc in the amount of $67.03 per ton which is $13.70 per ton higher than last year’s price for salt. Bragan asked the board to award the bid to Granite State Minerals, Inc. On a Warren/Wallace motion, the board unanimously voted to accept the Granite State Mineral’s bid.
SELECTMEN REPORTS –
Peter Warren expressed concern regarding residents entering the Transfer Station without stickers. Mr. Warren suggested a new method of verifying validity before entering the Station and a possible meeting with the board, the Town Administrator, Tim Bragan, Police Chief, Ed Denmark, and DPW Director, Rich Nota. Mr. Warren commended Officer Daniele Fortunato for her professional manner in dealing with
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residents without stickers. Mr. Warren explained that there will be a meeting to discuss the Getty Land on Thursday, November 6 at 8am in the Town Hall Meeting Room. Mr. Warren will meet with several members of the Finance Committee, the Conservation Committee, the School Committee, the Municipal Affordable Housing Trust and the Park and Rec Committee. Mr. Warren also mentioned possibly pursuing the Small land and Barber land which he also indicated are large parcels of land in the center of town. The study group will be walking the Getty Land.
Tim Clark suggested the board consider revising their policy regarding replacement transfer station stickers. He commented that he is working with Rich Nota and Chris Ryan of the Transfer Station Committee to revise the current traffic flow. Mr. Clark commended Art’s Sake for bringing the community together on Halloween by encouraging over 200 residents to bring their carved pumpkins to the center of town. He also thanked the DPW for their assistance in setting up and disposing of the pumpkins.
Ron Ricci also expressed concern about the regarding Transfer Station rules and reminded the board of a letter previously received by Chief Denmark explaining that he had reservations on supplying a police officer to enforce revenue gains.
Lucy Wallace recommended that campaigners stand a safe distance away from the traffic flow and not allow them to stop vehicles entering or exiting the station. Mrs. Wallace suggested that citizens in town contact the Selectmen’s office to give their input on the Devens Disposition Success Criteria development process. In reference to the October 28 Special Town Meeting, Mrs. Wallace, suggested that before spring’s town meeting, the board should lay out who brings about motions with each member being prepared to speak knowledgably about each.
Leo Blair addressed a letter to the editor that questioned how the board would handle a yes vote on the ambulance billing issue. Mr. Blair set record straight by stating that if the people had voted yes, the board would have honored their choice. Mr. Blair did state that the board would have brought the issue to a town election so the outcome would be legally binding. Mr. Blair added a point that Waste Management has added single stream recycling and curb side pick up for Harvard residents. He also confirmed with Tim Bragan that the Hapgood Library be cleaned out in a timely manner. Mr. Blair requested that the liaison from each committee send a brief report to the Board of Selectmen monthly to let them know what is going on in their committees.
NATIONAL GRID UPDATE ON GAS LINE EXTENSION –
Harold Cooper from National Grid met with the board to discuss the gas line. He explained that the line will be laid down Rt. 111, from the Boxborough town line to Bolton Road. Both schools will be able to connect to the line if they so desire. National Grid will notify all abutters to let them know that they will be able to receive gas services. After some discussion, Mr. Cooper explained that National Grid will place the line in the shoulder of the road where possible. When it is not possible, they will put it
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under the asphalt. The board ended the meeting with Mr. Cooper by asking him to get in touch with them when he could confirm a set work schedule.
COUNCIL ON AGING REQUESTS –
Carlene Phillips was in attendance from the Council on Aging Board of Directors, she requested permission to continue the steps to hire a Program Coordinator. The position is funded from a formula grant and will not use any of the town’s resources. After some discussion, on a Wallace/Ricci motion, the board unanimously voted to grant the Council on Aging permission to hire a Program Coordinator.
Mrs. Phillips recommended Barbara Kemp to fill the vacancy on the Council on Aging Board of Directors. After citing Mrs. Kemp’s credentials, on a Wallace/Clark motion, the board unanimously approved the appointment of Barbara Kemp to the vacancy on Council on Aging.
JOINT DIRECTOR OF PUBLIC WORKS WITH AYER –
Leo Blair addressed a new proposal about partnering with Ayer to have a joint Director of Public Works. Ayer has sent Harvard a letter asking for them to submit a letter of interest in this partnership. After some discussion, on a Blair/Wallace motion, the board unanimously voted to send a letter of interest to Ayer.
VICKSBURG SQUARE REZONING –
Leo Blair explained that Mass Development has sent a proposal to the board asking if Harvard would consider the rezoning of Vicksburg Square; the re-development of Vicksburg Square has three main goals outlined in a letter received from Richard Montuori of Devens Operations:
- Zoning would not specify particular uses.
- Mass Development’s goal is to solicit proposals for any and all feasible redevelopment scenarios for the buildings.
- Preservation and reuse of these historic structures is the agency’s foremost goal.
The rezoning of Vicksburg Square would require the following changes to Devens bylaws:
- In Exhibit D, change multi-family residential to an allowed use.
- Redefine multi-family residential to include developments greater than six units.
- Amend section IX (E) (1) to address the 282 unit housing cap.
On a Clark/Wallace motion, the Board unanimously voted Peter Warren and Ron Ricci to the JBOS Vicksburg Square Zoning Subcommittee.
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403B DOCUMENT
The board discussed the new 403(b) Plan Regulations. Lorraine Leonard, Finance Director, provided the board with an explanation of the new regulations. In which is states:
The IRS has issued new federal regulations governing 403(b) plans. The new rules will affect nearly every public school and tax-exempt organization that offers employees a 403(b) plan retirement arrangement.
Effective January 1, 2009, employers making payroll deductions for employees with 403(b) plans will be required to assume fiduciary and administrative responsibilities for all 403(b) plan assets.
Tim Bragan explained that in signing the document, it would authorize MidAmerica to make appropriate filings for the town. On a Wallace/Clark motion, the board unanimously voted for the chair to sign the document.
MUTUAL AID AGREEMENT
The board discussed the Board of Health’s mutual aid agreement document that speaks of emergency preparedness. The board agreed that the document needed more explanation before a vote could be made. Peter Warren urged Tim Bragan to request the Board of Heath to attend a future Board of Selectmen meeting to explain in further detail their Mutual Aid Agreement.
ANNUAL LICENSE RENEWAL REVIEW
Tim Bragan explained that changes in Common Victualler Policy now require all businesses outside a commercial area to hold a public hearing as well as notify all abutters within 300 feet, in order to renew their licenses. In addition, a legal notice must be advertised in the paper no less than two weeks prior to the public hearing. These businesses include, Fruitlands, the Harvard General Store, Westward Orchards and Friendly Crossways. Bragan continued to explain that the new policy was developed as a result of the Fruitlands settlement. Tim Bragan explained that each of the businesses must pay their license renewal fee, the fee for the abutters list and their portion of the newspaper advertisement.
Tim Bragan began discussing violations that may hinder a business’ ability to renew their license. He explained that after consulting with Police Chief Denmark, he found that Fruitlands had no violations that would prevent them from receiving their renewal licenses. He also stated that Pizza Bella had a violation documented in November 2007 by the Board of Health, but no follow up was made.
Tim Clark suggested that the Common Victualler license renewals hold their public hearings at the same time. On a Clark/Warren motion, the board unanimously voted to post a hearing for Common Victualler licenses on December 2, 2008.
Tim Bragan explained that if the liquor license question passed on the November 4 election, the same procedures in affect for the Common Victualler licenses must be followed. He requested that the board schedule the initial Liquor License hearing on December 9 and a possible follow-up hearing on December 16. Bragan suggested that the
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Entertainment License hearing be held the same night as the Liquor License hearing since Fruitlands is the only venue seeking those two licenses.
CAPITAL COMMITTEE
Leo Blair explained the changes made to the Capital Committee document with which he provided each of the board members. The changes in the membership section are as follows:
“There will be eight members, consisting of three non-voting members which shall be the Town Administrator, Superintendent of Schools and Finance Director. One member each from the Finance Committee, School Committee and Board of Selectmen and two citizens at-large appointed by the Board of Selectmen. Each voting member citizen at large shall serve a three year term….All voting members shall be registered voters of the Town of Harvard.”
Blair continued on to explain the changes made to the Capital Fund section, which has been revised to:
“The Capital Fund will be set up to include an initial funding of $250,000 by transfer appropriation from the Stabilization Fund or such other amount as the voters may determine at the next Annual Town Meeting and an annual contribution from Certified Free Cash, not to exceed 10% of the prior year’s levy limit, to be voted by Town Meeting (Special or Annual).”
Lucy Wallace expressed concern with citizens at-large being appointed in an unbiased, objective manner. Tim Clark questioned how the board would deal with the funding of stabilization as well as the capital fund. Clark suggested that the newly revised Capital Fund section of the document be amended to say:
“The Capital Fund will be set up to include an initial funding by transfer of an appropriation from the Stabilization Fund or such other amount as the voters may determine at the next Annual Town Meeting.”
On a Blair/Clark motion, the board unanimously voted to establish the Capital Committee, and Capital Fund as amended by Clark.
The meeting was adjourned at 9:10pm.
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