Board of Selectmen
Minutes
December 2, 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 Wallace/Ricci motion, the Board unanimously voted to accept the 11/4 minutes as presented. On a Wallace/Ricci motion, the Board unanimously voted to accept the 11/18 minutes as amended.
MEETING TIME
The Board discussed changing the start time of Selectmen meetings to 7pm. The Board decided to proceed with a 7pm start time and will not address new topics after 10pm, unless otherwise voted.
SELECTMEN REPORTS
Lucy Wallace explained that the Master Plan Implementation Committee (MPIC) met last week and is focusing this year on addressing affordable housing in Harvard as outlined in the Master Plan. She explained that the MPIC is hoping to get together with the Harvard Municipal Affordable Housing Trust Fund (MAHTF) in either December or January to discuss ways of collaborating and coordinating efforts. She also provided an update on the Hildreth House Senior Housing proposal, noting that the MAHTF Trustees are going to host another meeting through the COA for seniors to get additional feedback from them on the proposal. The Trustees intend to report back to the Board early next year with a recommendation on next steps and moving
forward, if appropriate.
Ron Ricci explained that he, Peter Warren and Joe Sudol attended a Vicksburg Square Subcommittee meeting as Harvard representatives. A Harvard resident and Jim DeZutter, a Harvard DEC member also attended. Ricci explained that at the meeting, Sudol brought up that the RFP is written to encourage housing, when in actuality, a mixed use is preferable. Mass Development seemed amenable to take out language that pushed 100 percent residential use. Ricci told the Board that Ayer Selectman, Jim Fay, reminded the Subcommittee that competition with existing local businesses is undesirable and should not occur. DeZutter brought up that communities need to get involved with the developer before submittal of the RFP. He pointed out that it will be the developer’s responsibility to take the lead in
tackling zoning issues. Ricci explained that Mass Development has not had anything viable in ten years that will preserve the historical Vicksburg Square area. The buildings are decaying and they are looking to preserve the property. Rich Montouri of Mass Development will attend the December 18 JBOS meeting to further discuss the need to be nimble with respect to zoning changes that may
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be required by the RFP. The next Vicksburg Square Subcommittee meeting will take place on December 18, 2008 at 8:15am at Mass Development, Conference Room 1.
Tim Clark told the Board that he was able to meet with the Town Center Sewer Action Committee, and explained that they seemed to be progressing. They met once with the engineer who provided the cost data, although they were not able to share the details with Clark. The Committee is working on developing a survey to better understand who would be interested in connecting to a system if it were available. The cost model for alternatives is in the development phase. Clark explained that the Board of Health and other related Boards will be adding their input. Clark expressed some concerns about the future of the Capital Committee. He explained that the Board needs a better understanding of and handle on said committee. Leo Blair addressed Clark’s concern by explaining that he hopes to make
appointments for the Capital Committee at the Board’s next regularly scheduled meeting on December 16. Wallace suggested that related committees be invited to the next meeting at which the appointments will be made. Clark lastly pointed out the disconnect he feels from the other boards. He encouraged the boards to regularly submit meeting minutes. After some discussion on a remedy, the Board decided that a different Board liaison will give a report on their committee or board at each meeting.
Peter Warren explained the Getty Land Committee will meet on Wednesday, December 3, 2008 at 8:15am. Warren also explained that he received a letter from Karl Kreeb, Getty Land trustee, extending the period of solicitation until February 20, 2009.
TOWN ADMINISTRATOR REPORT
Tim Bragan reported six issues to the Board. The first being a request by Kenneth Harrod to place a sign on his property, 13 Fairbanks Street, for the sale of Christmas trees, which are sold in Shirley. Bragan explained that Harrod has made this request in the past and it has been approved. On a Warren/Wallace motion, the Board unanimously voted to accept Harrod’s request.
Second, Bragan explained that the Montachusett Regional Planning Commission is holding a meeting on the District Local Technical Assistance Program on December 8 at 1pm at their building in Fitchburg, conference room 1 and he will be attending.
Next, Bragan explained that the Conservation Commission has finalized a draft of the Open Space and Recreation Plan for the Town of Harvard. A copy is online and the Conservation Commission will be holding a public hearing on the draft on December 18, 2008. The public is invited to forward comment to the Commission prior to the hearing by sending them to Liz Allard at the Town Hall or via email at lallard@harvard.ma.us.
Bragan then explained to the Board that Park Lane has formed a Neighborhood Watch Group in response to a recent break-in. The Neighborhood Watch Group requested the Board’s permission to have two signs installed. Bragan explained that Rich Nota, DPW Director, thinks one sign is efficient given that Park Lane is a dead end. On a Wallace/Warren motion, the Board unanimously voted to grant the Neighborhood Watch Group permission to install one sign at the beginning of Park Lane.
Bragan explained that he has received two requests for use of the Hapgood room at the former library; one from Debbie Noyes and the other from the First Grade Brownie Troop.
Lastly, Bragan explained that in response to this year’s audit, the Board must approve a member and an alternate sign the payroll warrant when there is no meeting. On the weeks of bill warrants, a quorum must sign the warrant. Bragan explained that this
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must be adopted so there is authorization of checks prior to their release. On a Wallace/Clark motion, the Board unanimously voted to authorize any two members to sign the payroll warrant and any three members to sign the bills payable warrant.
TAX CLASSIFICATION HEARING FOR FY09
The Board met with Angela Marrama, town Assessor, to discuss and vote on three items. The first was the Residential Exemption, which essentially shifts the tax burden by the adopted percentage, within the residential class, away from lower valued, single family homes, to multi-family properties, apartment buildings, non-resident property owners. Marrama explained that Harvard has never voted to grant this exemption and urged the Board to follow precedent. On a Wallace/Clark motion, the Board unanimously voted not to grant the Residential Exemption. The second item Marrama brought to the Board was the Small Commercial Exemption which is a reduction in the taxable valuation for the properties that met the qualifications of the exemption. It has the effect of reducing property taxes on
properties occupied by small businesses and shifting those taxes onto other commercial and industrial properties. Marrama explained that this exemption has also never been granted in Harvard and again recommended the Board follow precedent. On a Wallace/Clark motion, the Board voted unanimously not to grant the Small Commercial Exemption. The third vote Marrama brought to the Board was whether to adopt a Split Tax Rate or keep it as a Single Tax Rate. Marrama explained that the Department of Revenue authorized the adoption of two tax rates, one for the Residential/Open Space (RO) classes of property and one rate for the Commercial, Industrial and Personal Property (CIP) classes of property. She explained that since Harvard has 95 percent residential property and five percent commercial property, the tax rate has never been split. After some discussion, on a Wallace/Warren motion, the Board unanimously voted to keep the Single Tax Rate.
COMMON VICTUALLER LICENSE PUBLIC HEARING
Tim Firment, CFO, of Fruitlands Museum came before the Board to apply for a Common Victualler license. Firment explained that the restaurant at Fruitlands, the Tea Room, is open to the public from 11am through 3pm and in addition, they have a function hall where food is served. The restaurant season is from April through October, but some functions may be held after said date. He explained further that they are considering offering coffee and baked goods to museum visitors who arrive before the opening of the restaurant. The establishment will seek liquor and entertainment licenses at next week’s meeting. Tim Bragan explained that Fruitlands’ hours of operation are a condition of the Common Victualler license. Legally, the museum need not be open through restaurant hours.
Bragan explained that Fruitlands’ current financial situation has no bearing on their license application and the Board of Health has received no complaints of the establishment. Wallace asked Firment if events have a specific end time written into the contract. Firment explained that the contract requests guests be off the premises by 11pm, but all food and alcohol service is halted at 10pm. After some discussion on the hours of operation, on a Clark/Wallace motion, the Board voted (Warren-AYE, Clark-AYE, Blair-NAY, Ricci-AYE, Wallace-AYE) to accept Fruitlands’ request for a Common Victualler license from January 1, 2009 through December 31, 2009 with no hourly restriction.
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Mary Vasenka Turner of Friendly Crossways came before the Board in hopes of having the new Common Victualler license policy waived for her establishment. Turner explained that she has already paid the 25 dollars for the application. After she briefly explained the function of Friendly Crossways, Bragan explained that there have been no complaints of the establishment. On a Wallace/Ricci motion, the Board unanimously voted to grant Friendly Crossways a Common Victualler license, waiving the requirement to pay for their portion of a public notice as well as waive the expense of the certified notification to all abutters for the 2009 license.
MUTUAL AID AGREEMENT
The Board met with representative for the Board of Health, Ken Gikas, Program Consultant of the Massachusetts Region II, Public Health Emergency Preparedness Coalition. Gikas first explained that Harvard is one of 74 communities within Region II which spans as east as Harvard and as west as Orange, from the northern border of Massachusetts to the southern border. Gikas explained that the agreement is help from communities within the region in a time of need, whether it is an outbreak or an act of God. The Board members explained that the document was simply a boiler plate and needed more details before progress could be made. Warren suggested that Harvard Town Counsel, Mark Lanza, look over the document prior to any further action. Gikas explained that a town vote is required before the
agreement may be signed; Bragan commented that he thought the law had been changed. Blair suggested that law be confirmed and the Board meet with Gikas again in early 2009.
APPOINTMENTS
Patricia Natoli of the Cable Committee requested that John Ball be appointed to the Cable Committee to replace Brint Ferguson. On a Wallace/Ricci motion, the Board unanimously voted to appoint John Ball to the Cable Committee in place of Brint Ferguson.
On a Blair/Clark motion, the Board unanimously voted to appoint Eric Stoltzfus as the Devens Enterprise Commission alternate member to replace Peter Brooks.
TRANSFER STATION
Tim Clark updated the Board on the progress of the changes at the Harvard Transfer Station and provided them with a map of the new layout. Clark explained, in detail, the goals, proposal and timetable of the implementation for the Transfer Station. On a Clark/Wallace motion, the Board voted unanimously to accept the Transfer Station Proposal as presented. Please find the attached copy of the approved Transfer Station Proposal as well as the Transfer Station layout as Appendices A and B.*
VOLUNTEER APPLICATION
Tim Clark suggested the Board use a standard form for volunteers. On a Wallace/Warren motion, the Board unanimously voted to accept a standard volunteer application form. Please find the attached application as Appendix C.*
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APPOINTMENT PROCEDURE
Tim Clark presented a new appointment procedure to the Board which he recommended the Board adopt. The document he provided to the Board explained that if a vacancy occurs on a Board or Committee appointed by the Board of Selectmen (BOS), the following procedures will be used to fill the vacancy.
- Vacancy and deadline for submission will be announced during the Selectmen’s reports at the next regularly scheduled meeting. The information will be sent to the Town Clerk, local media outlets, posted on the Town website and on cable access bulletin.
- All candidates must complete the “Volunteer Application” (Appendix C), and deliver to the Executive Assistant of the Town Administrator.
- The Town Administrator’s office will distribute copies of the applicant’s application to all Selectmen and to the Chairman of the prospective Board or Committee for their review. Within one week after the deadline for submissions, the BOS will schedule time at their next regularly schedule meeting to act on applications received.
- Selectmen will hold an interview to meet all new applicants (not required for re-appointments), which will occur at a regularly scheduled BOS meeting. It is the responsibility of the BOS office to notify the applicant as well as the Chairman of the Board or Committee of the time and place of the appointment/interview.
- The BOS will review and discuss all nominees in public session, make the appointment(s) and notify the following parties of their selection: all applicant(s), the Board or Committee to which they are appointed, and the Town Clerk. All appointments shall run until June 30 in the year that the term expires unless otherwise noted at the time of the appointment or in the case of an elected office which shall expire at the time of the next town election.
After Clark presented the document, the Board discussed the details. Wallace asked if the new appointments and reappointments were rolled into this one document, when Clark confirmed, she suggested that they be two separate documents in order to avoid confusion. Blair then suggested that several paragraphs on reappointment be developed to improve clarity. Blair explained that he made amendments and the Board will discuss further at the December 16 meeting.
CAPITAL COMMITTEE ANNOUNCEMENT
Leo Blair announced that the Board will be appointing two residents at-large to the Capital Committee; he explained that any interested citizens should fill out an application and submit to Tim Bragan as soon as possible, as appointments will be made at the next regularly scheduled meeting on December 16.
DEVENS SUCCESS CRITERIA
Ron Ricci presented the Board with the revised Devens Disposition Success Criteria. The Board thoroughly went through the disposition with a fine-toothed comb to
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correct errors and clarify the document. Please find the final Devens Disposition Success Criteria attached as Appendix D.*
The meeting was adjourned at 10:17pm.
*To see the above cited information, please visit the Selectmen’s Office.
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