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Minutes 02/26/2008

February 26, 2008

Lucy B. Wallace
Robert E. Eubank
Timothy A. Clark



The meeting was called to order at 7:30 P.M. by Chair, Lucy Wallace in the Town Hall meeting room.

SPECIAL EDUCATION AUDIT COMMITTEE – Robert Eubank reported the Harvard School Committee, having taken advice from counsel, approved the auditor allowing the committee to begin the special audit process on Monday, March 3rd.  

ENERGY AUDIT APPLICATION – Tim Clark informed the Board the grant application was submitted and we are the 86th submission. The current grant pool is $500,000 which he said would go up to the 32nd thru the 35th submission. He said the governor would be reviewing with the upcoming budget. Upon approval by the legislature the Town of Harvard should check back sometime in October for further direction.

town center sewer task force – Tim Clark stated the Task Force worked on changing the wording for Article 14 to be discussed during the review of Annual Town Meeting Warrant.

40T - Keith Cheveralls, 21 Quarry Lane, expressed his concern regarding the 40T legislation and asked the Board not to sign a letter of support at this time.

MINUTES – On a Clark/Eubank motion, the Board voted unanimously to accept the minutes of 2/5 as amended.

APPOINTMENT – On a Clark/Eubank motion, the Board voted unanimously to appoint Susan Naylor, Administrative Assistant to Police Chief and Ambulance Director, to the Personnel Board as the employee representative.

SENIOR PROJECT – On a Eubank/Clark motion, the Board voted unanimously to allow Chris Martin of 228 Stow Rd to collect goods at the transfer station to send over to the troops in Iraq and Afghanistan. The Board requested Chris contact DPW Director Rich Nota to work out the details.

APPOINTMENT – On a Eubank/Clark motion, the Board voted unanimously to appoint Keith Turner, 247 Littleton County Rd, to the Community Cable Access Committee.

THE WINDWARD TRADING GROUP – The Windward Trading Group in conjunction with the American Red Cross of Central Massachusetts has asked permission to place a Red Cross clothing donation bin at the transfer station. The Board is in favor of their request but wants to confirm first what entity has two bins at the transfer station currently. Their concern is to not have duplicate charities or not hold up to a prior commitment agreed upon. Tim Bragan will get back to the Board at their March 4th meeting after talking with DPW Director Rich Nota.


Board of Selectmen – Minutes
February 26, 2008   Page 2


40T LEGISLATION SUPPORT LETTER – Lucy Wallace explained that 40T is a proposal before legislature that would allow communities assistance on specific infrastructure through land-secured bonds within set tax districts. Individuals who would agree to create a specific tax district for a specific purpose under this law would take on the responsibility to pay back the bond. The liability would lie upon the individuals in that district and would not affect the town’s future borrowing ability. Lucy Wallace and Tim Clark met with Hal Davis who has been working on this legislation. Lucy explained it is another tool legislature is considering making available to communities who do need infrastructure improvements. She expressed how many cities and towns are struggling and that the legislature is looking at other avenues for communities to raise revenue beyond raising property taxes. A letter was presented to the Board as an endorsement of 40T.
Tim Clark recommended not endorsing 40T on behalf of the Town of Harvard until the other land use boards are able to review and a formal discussion is had. Tim Clark explained the legislation is complicated and there should not be in a rush to endorse without more due diligence.
Robert Eubank agreed with Tim Clark in stating he does not have enough of the details at this time and does not feel comfortable in signing a letter of endorsement.
Lucy Wallace expressed a need for the Finance Committee to review. The Board agreed Finance Committee, Planning Board, Conservation Committee, Board of Health, Water Commissioner and School Committee should all receive copies. There will also be copies available for the public in the Selectmen’s Office. All written correspondence should be submitted to the Board by April 17th and a formal discussion will be held at the April 22nd meeting.

BALLOT QUESTIONS APPROVAL –   On a Clark/Eubank motion the Board voted unanimously to approve a single ballot question as follows:

Question # 1 – Proposition 2 ½ Levy Limit Override
Shall the Town of Harvard be allowed to assess an additional $786,000 in real estate and personal property tax for the purposes of funding the Town’s operating budget for the fiscal year beginning July 1, 2008?

Lucy Wallace explained the following Article number requests will only be funded with passage of the override:
Article 5
10 additional hours for COA Director = $12, 500
Article 6
Substitute coverage for Library =   $15,500
Article 7
New special Education position and textbooks = $74,000
Total = $102,000




Board of Selectmen – Minutes
February 26, 2008   Page 3

CAPITAL PLAN – Lucy Wallace presented the Capital Plan the Capital Planning Committee. Below are the items included in the State House Notes:

  • DPW - Garage Floor
  • DPW – Transfer Station – electrical upgrade
  • DPW – Salt Shed Repairs
  • DPW – Heating System
  • DPW – Electrical Upgrade to 3 phase
  • DPW – Hydraulic Lift
  • DPW – Floor Drains
  • Replace Garage Roof
  • HES – Ceiling Fans
  • Bromfield – Two new classrooms
  • Bromfield – Boiler
All items are included in a single borrowing under State House Notes which allows communities to borrow for 10 years up to $500,000 at an attractive rate allowing a fixed payment for the life of the loan. The payment would be about $75,000 a year. Lucy Wallace explained the Capital Planning Committee decided to have the plan go before the Town Meeting for 2/3rds vote for approval. The $75,000 is included in the Omnibus Budget.
Lucy Wallace also explained that the Finance Committee has advised to use the stabilization fund for the Municipal Sewer Analysis.
Members of the Finance Committee enter and Lucy Wallace informs them of the vote for a single override question of $786,000. She explains the items to be included in the under State House Notes and also that the Municipal Sewer Analysis has been reduced to $40,000 with a recommendation to come from the stabilization fund. This requires a 2/3rds vote at Town Meeting. Lorraine Leonard informed the Board the rate on State House Notes would be between 4 and 5 %. George McKenna, Finance Committee, stated the Committee agreed to fund through State House Notes without a debt exclusion and Municipal Sewer Analysis to come from the stabilization fund. The Finance Committee was split on a single override or a tiered override. Lucy Wallace did remind the Committee the ballot is going to print. The Board asked some questions of Lorraine Leonard on the details on the State House Notes. The Finance Committee wanted to remind the Board and citizens in town of the Budget Forum on March 11th at 7:00 P.M in the Elementary School Cafeteria.

TOWN CENTER SEPTIC TASK FORCE- ARTICLE 14   -   Chris Ashley, 21Woodside Road, spoke on behalf of the task force. He explained that the task force over many discussions and much deliberation has not come to a conclusion that can be presented to the town at Town Meeting. The task force is requesting, through a sub committee, $40,000 for professional services for preliminary evaluation. The intent is to determine the range of potential solutions for both the municipal and town center sewer district. He stated the municipal needs should be addressed first and then move on with a discussion involving the residents in the town center district.
Tim Clark explained the need for a process to develop concrete data in order to offer choices to the citizens and to the Board. Robert Eubank asked who would create the committee and who would be in charge of the committee. Tim Clark requested it be under the direction of the Board of Selectmen.

Board of Selectmen – Minutes
February 26, 2008   Page 4

SENIOR RENTAL HOUSING PROJECT – ARTICLE 24 – Chris Ashley,
21 Woodside Road, explained the Housing Authority had been looking at the Mass Ave site for a senior housing development for a number of years. Marketing and legal analysis with consultants established the size and characteristics of the development did not resemble the typical form of a senior development. The analysis indicated a need for at least 12 to 16 units on Mass Ave and another 30 units within a 10 mile radius. The determination is that the Mass Ave site would not be feasible. The Hildreth House has been a suggested. The Housing Authority would like to get a sense from the community if they would support further investigation.

REVIEW TOWN MEETING WARRANT –   Tim Bragan read through Articles:

Article 1: Annual Budgets
Article 2: Reserve fund – Fiscal Year 2008
Article 3: Non-Union Employee Compensation $42,000 stabilization fund
Article 4: Omnibus Budget subject to prop 2 ½ override question #1
Article 5: Council on Aging – Additional hours $12,500
Article 6: Harvard public library – substitute coverage $15,500
Article 7: Harvard Schools – special education position and textbooks $74,000
Article 8: Reserve Fund – Fiscal Year 2009
Article 9: Install Fire Hydrant on lower common – Fiscal Year 2009
Article 10: Purchase Fire Chief’s Vehicle – Fiscal Year 2009 $35,000
Article 11: Town Clerk – Ballot Box Replacement $7,000
Article 12: GASB 45 OPEB Actuarial Valuation $ 12,000
Article 13: Borrowing – Various
Article 14: Municipal Sewer – Analysis
Article 15: Receipts Reserved for Appropriation – Ambulance
Article 16: Community Preservation Committee Report
CPC Articles 17-22
Article 17: Transfer Funds from Community Preservation Fund Historic Reserves to Council on Aging $20,000
Article 18: Shaker Herb Dying House – Doors $3,000
Article 19: Restoration of Mass Ave. Stone Wall $5,000
Article 20: Community Preservation Fund Historic Reserves   $30, 250  
Article 21: Conservation Fund $150,000                      
Article 22: Harvard Municipal Affordable Housing Trust Fund $150,000
Article 23: Appointment of Finance Committee
Article 24: Senior Rental Housing Project
Article 25: Protective Bylaw Amend
Article 26: Amend Protective Bylaw – Lighting
Article 27: Amend General Bylaw – Scenic Road
Article 28: Amend General Bylaw – Associate Member of Planning Board
Article 29: Citizens Petition - Wind Energy Systems
Article 30: Citizens Petition – Resume Devens Jurisdiction
Article 31: Citizens Petition – Create Town of Devens
Article 32: Acceptance of Gifts of Property – Conservation Land
Article 33: Acceptance of Highway Funds


Board of Selectmen – Minutes
February 26, 2008   Page 5


***On a Wallace/Eubank motion, the Board voted unanimously by a roll call vote (Eubank – AYE, Clark – AYE, Wallace – 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 personnel issues. Following the executive session, the Board will reconvene into open session, for the sole purpose of adjourning. ***

The Board reconvened into open session at 10:25 p.m.

DPW UPDATES – Tim Bragan reported to the Board on several issues.
  • Richard Daisy from Massamount Insurance provided the Driver Safety Training and all employees passed.
  • Troy Dubois is no longer employed by the town and applications are coming in to replace his position.
  • Two grievances have been filed. One can not go to arbitration and the other Tim Bragan will be meeting with the union representative on Monday, March 3rd.
CHAPTER 90 REIMBURSEMENT REQUEST FOR 376,086 - On a Clark/Eubank motion, the Board voted unanimously to sign the request.

PRESIDENTIAL ELECTION – Tim Bragan informed the Board of a request from the Town Clerk, Janet Vellante, to the school committee about holding the election on November 4th and to have a student day off to accommodate for parking.

COMPACT DISC SUPPLEMENTAL DISTRIBUTION ACCEPTANCE FORM –
Tim Bragan explained there was a compact disc antitrust litigation claiming the music industry was over charging. The library was refunded $300.00 and the Board signed in acceptance.

REQUEST FOR USE OF HILDRETH HOUSE - Steve Miller from the Unitarian Church asked the Board to approve use of the Hildreth House for a class due to a conflict at the church with regards to a funeral the same day. The Board approved the use on Sunday, March 2nd.


The meeting was adjourned at 10:45 p.m.