Board of Selectmen
Minutes
November 18, 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
After discussing the minutes from the 11/4, the Board decided to approve the minutes at the next meeting as revised.
TOWN ADMINISTRATOR REPORT
Tim Bragan first explained a letter received by Joseph Sudol, Planning Board Chair, requesting the Board of Selectmen to adopt sight distance requirements for driveways under 500 feet. Tim Clark and Lucy Wallace suggested the Board meet with the Planning Board to further discuss the request.. Wallace suggested the bylaw cover all driveways.
Next, Bragan informed the Board that the Zoning Board of Appeals has submitted a letter and document regarding the Permitting Process for Fruitlands Museum. Bragan is working with said document and all necessary entities to ensure that the items and issues outlined are addressed.
The third issue Bragan brought to the attention of the Board is that the next three holidays fall on Thursdays. He urged the Board to consider closing all public buildings and have the employees use their paid time off for those Fridays after the holidays. He explained that it will allow the employees to enjoy the holidays with their families and also allow the town to not have to heat the buildings for those days. Wallace questioned whether the employees who have used all of their paid time off would have to come in; Bragan explained that arrangements would be made for such employees. On a Blair/Wallace motion, the board unanimously voted to close all public buildings for the Fridays following Thanksgiving (11/28/08), Christmas (12/26/08) and New Year’s Day (1/2/09).
The final issue Bragan brought forth was the matter of the Westward Orchards Common Victualler license. Bragan explained that Westward Orchards’ argument is that they offer food for take-out only, which does not require a Common Victualler license. The Board dissected the details of a Common Victualler license and whether a business is required to obtain one if their patrons choose to consume their prepared food on the business’ premises. After Clark questioned Westward Orchards’ Board of Health license, Bragan pointed out that the business has a permit for take-out food only. Clark requested the Board of Health give clarification as to the details of their licenses.
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November 18, 2008, page 2
SELECTMEN REPORTS
Lucy Wallace asked the Board to send congratulatory letters to our Senator, James Eldridge and new Representative, Jennifer Benson; the letters, Wallace said, could include and invitation to an upcoming Board meeting. She said that they, Eldridge and Benson, could give the Board an update on what the forthcoming fiscal year will hold. Wallace explained the update she received from the Energy Advisory Task Force and stated that they have an aggressive calendar and will provide a strong assessment of all town buildings at the next Energy Advisory Task Force meeting. She commended the Task Force for their hard work.
Ron Ricci informed the Board that he and Peter Warren met with Ayer Selectmen, Gary Luca and James Fay, as well as Harvard Planning Board Chair, Joseph Sudol at MassDevelopment to discuss Vicksburg Square. The group discussed land use with the developer. Their main goal is to make ensure the final plan is with Ayer, Harvard, Shirley and the residents. JBOS will meet on Thursday at 7pm for more discussion on Vicksburg Square. Ricci said that he read the RFP draft and commented that MassDevelopment would like feedback on the RFP. Blair suggested that the draft of the RFP be posted on the website.
Tim Clark announced that the League of Women Voters is holding a forum entitled “Under Our Skin,” to educate residents about Lyme Disease. The forum will feature a short film, a panel discussion and a Q&A with doctors, pharmacists, and members of the Board of Health. It will be held Thursday, November 20, 2008 at 6:30pm in Volunteers Hall at the library. Clark also explained that he received an editable copy of the Success Criteria from the MRPC which he distributed to the Board. Clark asked the Board when they would like to comment on the draft. Blair suggested that the Board members funnel comments back to Clark and Ricci who will fit them into a final draft to be completed by the Board’s next meeting. Clark passed out the Volunteer Application and the Appointment
Procedure, Blair asked that they be discussed at the next meeting.
Peter Warren complimented the School Committee for establishing a grant writing committee, he suggested the committee be a joint venture. Warren commented that the Board overlooks past decisions and items. He suggested the Board be more cautious that items brought up in meetings be followed-up upon and completed. Warren questioned Clark on the timetable of the Transfer Station changes. Clark explained that they were waiting for all of the controls to be in.
PLANNING BOARD APPOINTMENT
Joseph Sudol of the Planning Board requested that the Board accept the nominations of Craig Bardenheur, to fill the place of Mary Essary, and Lisa Fox to be an associate member. Bardenheur will fill the spot until the next Town Election in 2009, Fox’s term will expire in May 2009. After the Selectmen questioned the candidates, on a Clark/Wallace motion, the Selectmen and the Planning Board voted unanimously by role call (Warren-AYE, Clark-AYE, Blair-AYE, Ricci-AYE, Wallace-AYE, Sudol-AYE, Brooks-AYE, Brady-AYE, Minar-AYE) to appoint Craig Bardenheur as a member to replace Mary Essary on the Planning Board with a term expiring at the next election in 2009. On a Warren/Clark motion, the boards unanimously voted by role call (Warren-AYE, Clark-AYE, Blair-AYE, Ricci-AYE, Wallace-AYE
Sudol-AYE,
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November 18, 2008, page 3
Brooks-AYE, Brady-AYE, Minar-AYE) to appoint Lisa Fox as an associate member of the Planning Board with a term expiring in May 2009.
HEALTH INSURANCE OPTIONS
The Board met with Tim Bragan, Lorraine Leonard and Marie Sobalvarro to discuss the options in regards to health insurance. Bragan explained that currently the town purchases its insurance through two providers, Minuteman Nashoba Health Group
(MNHG) and State’s Retired Municipal Teachers (RMT). Bragan’s report explained that like most towns in the Commonwealth, the town is concerned about rising insurance costs; the group addressed this issue with several options. The first option would be to shift the Town’s premium share downward for those subscribers in the MNHG. The premium share for retirees in the RMT fixed by law at 90% / 10%. Bragan explained that the town is able to leave MNHG at any time, but will face new charges if, in the future, the town decided to rejoin. Another option is to join another self-insured, single provider by joining the Health Benefits Trust through the Massachusetts Interlocal Insurance Association (MIIA), which would offer Blue Cross and Blue Shield products and rates more closely tied with town’s claims experience.
Another option is to join the Group Insurance Commission (GIC), which offers loosely-comparable plans with varying coverage levels, lower premiums, and higher co-pays and deductibles. If Harvard chose the GIC, it would be required to move both MNHG and RMT subscribers. The last option Bragan explained is to move the RMT subscribers to MNHG, which only the Board of Selectmen may change. Sobalvarro explained to the Board that $2,276,734 was budgeted for insurance for FY09, ten percent of the town’s budget. She urged the Board to take special consideration before making a decision since this is such a large portion of the budget. Blair commented that this decision is one of the most important the Board members will make. Leonard explained that the Town can never truly know exactly the outcome of new insurance, because it is nearly impossible to predict what plans employees will choose. Blair recommended to the insurance team that they look into working with Cook and Company for
a financial analysis as well as an educated prediction on employee behavior. He commented that in dealing with a decision of this magnitude, there is no reason to skimp on professional aid. The Board discussed the new options for some time. On a Ricci/Warren motion, they unanimously voted to appoint Tim Bragan as the Alternate Representative for the Town in dealings with Minuteman Nashoba Health Group.
PUBLIC COMMUNICATION
Paul Green of 288 Old Littleton Road expressed his concern of the JBOS meeting articles that appeared in the Harvard Press, explaining that the Press is, “the eyes and ears of the public.” He commented that asking the Press to self-censor will cut back on the resident’s trust of the town and the paper. He was frustrated with a portion of the article that said 33 people came to the last JBOS meeting, all of whom had made up their minds before they arrived. He asked the Board to avoid statements that insult the general public, and reminded the Board that if people do not turn out for meetings, it is their own failure.
Willie Wickman of 27 Willow Road shared her knowledge with the Board that Lunenburg was able to save more money with MIIA than GIC. She also explained that
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November 18, 2008, page 4
Wellsley was able to offer a few options from GIC, not required to offer all available plans.
Jack Spero of Deerfoot Trail, asked when the DPW building roof repair would be completed. Bragan explained that it was scheduled to start earlier in the day.
MUTUAL AID AGREEMENT
Ken Gikas, Program Consultant of Massachusetts Region II of the Public Health Emergency Preparedness Coalition, was unable to attend the meeting. The Board instead met with Thomas Phillipou and Lorin Johnson of the Board of Health to discuss the
Mutual Aid Agreement. After the Board questioned the two men about the details of said agreement and did not receive clarifying answers, the Board decided they would need more information before taking action. Blair requested that Bragan be sure Ken Gikas will be in attendance at the next meeting.
ACCEPT RESIGNATION OF J. BRINT FERGUSON OF CABLE COMMITTEE
Clark requested that the board meet with the Cable Committee in order to get an update and to discuss their role in the public communications. On a Warren/Ricci motion, the board unanimously voted to accept the resignation of J. Brint Ferguson. Lucy Wallace requested a letter be sent to Ferguson thanking him for his service.
DISCUSS DPW’S VACANCIES
Tim Bragan explained that Rich Nota, DPW Director, sent a letter of request to the Board for permission to fill one of the two vacancies in the DPW. Nota’s letter enthusiastically recommended the candidate, Brian Boomgaarden, outlined his credentials, explained his pay grade and job title. On a Warren/Wallace motion, the Board unanimously voted to give Nota the permission to hire Brian Boomgaarden in order to fill one vacancy in the DPW as a Truck Driver/Laborer Step 1, subject to passing the required physical and drug screening test.
TRANSFER STATION STICKER ENFORCEMENT UPDATE
Ron Ricci gave the Board and update on the Transfer Station sticker issue. He explained the process in enforcing stickers:
- Attendant will attempt to approach individual and inform them that they are required to have a valid sticker.
- The license plate number will be recorded if the individual does not have a sticker.~ The number will be provided to the Police Chief.
- The chief will send a letter either requesting the individual to properly display their sticker or purchase one within 10 days.
- Failure to purchase a sticker will result in a civil complaint.
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November 18, 2008, page 5
GETTY LAND
Peter Warren updated the Board on the dealings with the Getty Land. He explained that since the last meeting, the study group has met twice and walked both the Getty Land as well as the Small Land. Warren commented that wetlands are a problem on the Small Land. Dan Wolf of Ross Associates met with Warren and informed him that the land would not work well for a school due to the hot top run off; Wolf advised Warren that the land would be better suited for affordable housing. After consulting Town Counsel, Mark Lanza, Warren learned that in order to change the use of the land, it must pass at a town meeting with a two-thirds vote. After the study group walked the Getty Land, they were pleased with the land, and decided that possibly two frontage lots could be sold. However, there is a town
well adjacent to the property that prohibits
development within a 400 foot radius. Warren also commented that the master plan does not mention any municipal land needs. The study group will be meeting the first week in December, Warren extended an invitation to the Water Commissioner and Victor Normand or his representative from the Harvard Conservation Trust to discuss the well issue along with access to Bolton Road. Warren explained that the land must have a defined use in order for the vote to pass at a town meeting, he also explained that the group will be looking into creative financing. Blair asked Warren to request a 60-day extension on the project.
**On a Wallace motion, the Board voted unanimously by a roll call vote (Warren-AYE, Clark-AYE, Blair-AYE, Ricci-AYE, Wallace-AYE) to enter into executive session at 9:50 pm, 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 ongoing legal litigation. Following the executive session, the Board will reconvene into open session, for the sole purpose of adjourning.**
The Board reconvened into open session at 10:40 pm
The meeting was adjourned at 10:40 pm
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