Board of Selectmen
Minutes
February 3, 2009
Leo F. Blair
Timothy A. Clark
Peter E. Warren
Lucy B. Wallace
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/Warren motion, the Board voted unanimously to approve the minutes of 1/6, as amended.
On a Wallace/Warren motion, the Board voted unanimously to approve the minutes of 1/13, as presented.
On a Wallace/Warren motion, the Board voted unanimously to approve the minutes of 1/20, as amended.
On a Wallace/Warren motion, the Board voted unanimously to approve the minutes of 1/27, as amended.
TOWN CENTER SEWER ACTION GROUP – Chris Ashley was in attendance and briefly updated the board on the Group’s progress. Ashley informed the Board that he has contacted Jim Moore at Mass Development upon their recommendation. Ashley stated the TCSAG would be meeting on Thursday, February 5th at 8:00 am in the Hapgood Room. He also confirmed the key first steps are to establish a timeline and outreach to town center residents. Currently, Pat Jennings is working on the outreach portion and Carrie Fraser is establishing a betterment cost sheet. The Group is also expecting information back from Norfolk Ram and Weston & Sampson regarding technical advice and next steps for a May 2nd timeframe. Ashley spoke to the possibility of meeting with DEP on action points. Tim Clark confirmed he has contacted
Dave Poirier at DEP to discuss the critical path that needs to be taken for the sewer extension.
Leo Blair invited the TCSAG to attend the February 24th meeting.
APPOINTMENT – MUNICIPAL AFFORDABLE HOUSING TRUST -
Leo Blair explained that there is an opening on the Trust due to the resignation of Scott Hayward. Two applications for the position were submitted by Bruce Nickerson and Leo Blair. The Board asked some questions of Mr. Nickerson and Mr. Blair.
On a Ricci/Warren motion, the Board voted to appoint Leo Blair to replace Scott Hayward’s position on the Municipal Affordable Housing Trust. (Expires Oct. 31, 2010)
(Ricci – Aye, Warren – Aye, Blair – Aye, Wallace – Nay, Clark – Nay)
Board of Selectmen – Minutes
February 3, 2009 page 2
PLANNING BOARD PROTECTIVE BYLAWS - Chair of the Planning Board
Joe Sudol was in attendance to present proposed bylaw amendments for the Annual Town Meeting.
1. Wind Energy Conversion System Bylaw (Wind Turbines)
· New Bylaw Overlay District Similar to Cell Tower Bylaw
· Restricted to Residential Use (Wallace and Warren suggested including Commercial)
· Limitations on height, power output, noise,etc
· Limitations on location (excl Twn Ctr, Historic District, front yards)
2. Driveway Site Distance 125-39 B (5)(c) - Amend bylaw to clarify “substantially clear visibility” and include specific site distance criteria in accordance with American Association of State Highway and Transportation (AASHTO) guidelines. Will include PB discretionary ability.
Note: Discussions with Town Counsel indicates that this Bylaw will pertain only to those driveways over which the PB as jurisdiction (over 500 ft). BOS will need to amend Regulations Chpt 140 Article II 140-12 A (all other driveways) to be consistent with this change.
3. Drive-thru Amendment – An amendment to restrict certain types of drive-thrus.
4. One-Site Sign Bylaw 125-41I (2) – Amend to provide restrictions on “temporary off-site election signs” providing a time frame for displaying these signs, such as number of days prior to event and number of days after end of event.
Note: BOS has responsibility for granting permits (GL Chpt 85, Sect 8) in accordance with the intent of 125-41 I (2).
5. Definitions 125-2 – Amend definition of “structure” to clarify what is a structure. Necessary to clear confusion and keep up with changes in MA Uniform Building Code.
The Planning Board will hold a public hearing on proposed bylaw amendments Monday, February 23rd.
HEALTH INSURANCE – Finance Director Lorraine Leonard and Marie Sobalvarro from the Finance Committee were in attendance to update the Board on the new health insurance rates. Leonard explained Minuteman Nashoba Health Group will meet the next morning to vote on the new rates (effective June 1, 2009) and revised plan document. The document will allow the Selectmen to chose which MNHG plans to offer to employees. The proposed increase in rates is 6% overall with minor variances between plans. Leonard also explained another new item to be offered are “Saver Plans” which mimic the GIC plan benefits with higher co-pays and deductibles. These plans will be 10% less than the original plans. Again, the Selectmen chose which plans within the MNHG
Board of Selectmen – Minutes
February 3, 2009 page 3
(Tufts, Harvard, and Fallon) group to offer employees. Leonard explained the main impact to employees with the Saver Plans is an increase in co-pays and deductibles. Blair suggested they come back at the Feb. 24th meeting for further discussion.
CABLE ACCESS COMMITTEE – Leo Blair turned the meeting over to Tim Clark. Clark invited Keith Turner, 247 Littleton County Road, to come forward and make a report to the BOS. Turner explained he was asked by Tim Clark (acting in his capacity as liaison) to research problems and make suggestions for improvements to the Cable Access Committee. Turner explained over the last 20 months he has researched the status of cable access in Harvard. He reviewed FCC regulations, town contract with Charter, examined revenue/expenses, inspected/updated the inventory of equipment, worked with current/past Cable Committee chairpersons, spoke with past/present Town Administrators, spoke with school officials and 8 of the last 10 Selectmen. He also examined town buildings as possible locations for a broadcast studio. Turner closely evaluated
the Cable Access Committee on local programming and accessibility. Turner said that he shared his report with the Cable Access Committee in July 2008 and again in November 2008. Turner stated the access now is limited in scope, inadequate in coverage of local issues and inaccessible to anyone other than Cable Committee members. Turner said he does not question the Committee’s sincerity to have more meaningful public access but feels they lack the vision and experience necessary to achieve it. In closing, Turner’s recommendations to the BOS are to place an immediate freeze on expenditures, committee and charter be dissolved. In their place a Cable Advisory Committee to be appointed by the BOS set up as a 5013C to establish a dynamic public access program. Turner also recommends the BOS make a decision on use of the Hapgood Room or the old Ambulance building as a broadcast studio. Turner submitted his resignation from the Committee. Chair Pat Natoli spoke to some of
Turners concerns. Natoli explained they are looking into a regional studio area, more meetings are being covered and the committee has also created a job description for a part time Director. Leo Blair asked the Cable Committee to come back to the March 3rd meeting with a budget and plan. He explained he appreciated Mr. Turners input but did not authorize it.
ENERGY ADVISORY COMMITTEE – Brian Smith and David Fay were in attendance to present a baseline energy usage report. Smith reported that the total expenditures in FY08 for energy costs were $693,000. Smith stated the Committee obtained approval to participate in National Grids Whole Building Assessment program. The program provides an overall energy review. The Committee is arranging audits for the remaining buildings to be paid for from a pre-approved state Department of Energy Resources grant. The Committee reviewed requests for the Bromfield boiler and DPW Main garage roof. They also attended a Keyspan meeting to understand the gas line expansion plans. David Fay presented the baseline methodology which included electricity, natural gas, heating oil, propane and vehicle fuels. Buildings included were Bromfield House, Bromfield
School, center fire station, elementary school, highway department, Hildreth House, library, ambulance building, old library, police station, Still River fire station and town hall. The report included graphs on: energy consumption, energy efficiency, consumption vs. efficiency, consumption vs. efficiency and intensity of usage, cost of energy, electricity usage adjusted for building size, heating oil usage adjusted for building size and temperature and natural gas usage adjusted for building size and temperature.
Board of Selectmen – Minutes
February 3, 2009 page 4
Conclusions
• Total energy usage is roughly constant over the most recent two fiscal years as energy costs increase. We would like to see a downward trend in usage, so there is definitely room for improvement.
• The biggest buildings are the biggest consumers of energy.
• Certain buildings (e.g., police/ambulance station) use more energy than expected. This may be due to usage patterns (e.g., long hours), or to inefficient use of energy (e.g., poor insulation). Both offer opportunities for savings.
Recommendations
Investigate the following situations:
• Why does the police/ambulance station use so much more electricity than any other building?
• Why does the old ambulance building use so much electricity when it is mostly empty? (town archives?)
• Why do these buildings use so much oil: highway department, old library, still river fire station, and elementary school (compared to Bromfield school)?
• Why does the center fire station use so much gas?
Leo Blair thanked the Committee and confirmed the Board would support the Committee in their efforts to improve energy usage.
FRUITLANDS – LIQUOR LICENSE/COMMON VICTUALLER LICENSE –
On a Clark/Warren motion, the Board voted unanimously to accept the conditions as amended.
SIGN DEP s.319 CONTRACT FOR BARE HILL POND II PROJECT -
On a Wallace/Warren motion, the Board voted unanimously to authorize the Chair to sign the contract.
APPOINTMENT – AMBULANCE - On a Wallace/Warren motion, the Board voted unanimously to appoint Brock Kenyon as a full member of the Ambulance squad.
REIMBURSEMENT – ELECTRICAL INSPECTOR – On a Warren/Wallace motion, the Board voted unanimously to reimburse Electrical Inspector David Woodsum, from the Rantoul account, $2,900 for vehicle and cost to replace damaged ladders in an amount not to exceed $5,000.
AMBULANCE SQUAD GIFT FUNDS - On a Clark/Wallace motion, the Board voted unanimously that the Town accept the donated funds turned over to the Town by former Town of Harvard Ambulance Service Director David Durrant as gifts to be used for scholarships to graduates of the Harvard Ambulance Cadet Program and/or the Bromfield School and the expenses of the Town ambulance operations and that the Town express its appreciation to the donors of these funds for their generosity.
Board of Selectmen – Minutes
February 3, 2009 page 5
GETTY LAND REPORT – Peter Warren explained a working group was established to review and make a recommendation to the Board of Selectmen regarding the Town’s purchase of the Getty land.
Members of the working group included
Jim Lee, Park & Recreation Commission
George McKenna, Finance Committee
Peter Warren, Board of Selectmen
Lucy Wallace, Municipal Affordable Housing Trust Fund
Willie Wickman, School Committee
Paul Willard, Conservation Commission
Several significant issues were raised and considered by the working group
1. In order to justify acquisition of this property at this time, the need(s) it would satisfy must be immediate and identifiable. There was reluctance to purchase it and land bank it, just to land bank it for a future, undefined need.
2. Any high density use of this property would most likely require a tie-in to the town’s waste water treatment plant. Given the other demands for the current excess capacity, without identifying an additional leach field a tie-in might not be possible.
3. Any high density use (school or housing) would require a second point of access, preferably from Bolton Rd. The property does not have frontage on Bolton Rd, so such access would need to be acquired. The working group did discuss the possibility of access over land owned by the Town where the well and storage tank are located and/or land owned by the Harvard Conservation Trust.
4. Given the proximity of the Bolton Rd well, development of a significant portion of the southern corner of the property would be limited, if not prohibited. The Water Commissioners have indicated the need to locate another town well (given the 2 working wells are adjacent to one another at the bottom of Pond Rd). The Bolton Rd well is mainly a back up well, but until another well is established, must remain a viable public well.
5. Until the Devens disposition issue is resolved, it is uncertain when and where an additional school campus would be needed and located.
6. There are several sites in or near the center of town that are under consideration or available for development of affordable housing, including the Hildreth House property, Barba land, 1.4 acre lot near the corner of Mass Ave and Bolton Rd, and the recently permitted 12-unit 40B project near the top of Littleton Rd. Therefore, the need to use this site for affordable housing does not appear to be pressing. However, the MAHTF has no yet had an opportunity to discuss this and make a recommendation.
Board of Selectmen - Minutes
February 3, 2009 page 6
7. Further testing of the site would be required to determine suitability for an expansion leaching area for the waste water treatment plant. Initial assessment (testing by seller and topography) is that this would be unlikely.
8. Members of the working group walked the Small Land (with frontage on Mass Avenue and Fairbanks Street across from the Elementary School) with Dan Wolfe of David Ross Associates and consulted with him regarding possible uses. This land was purchased for school use and consists of approximately 24 acres. It is the only other larger parcel of land within the Town Center area. Though there is sufficient acreage, it is Dan Wolfe’s opinion, and the working group concurs, that a school building could not be situated on the site because of wetlands constraints. However, it might accommodate other development, such as affordable and/or senior housing. A vote of town meeting would be required to change the use.
The Board asked Peter Warren to obtain an extension on the Getty land offer so the Board can continue discussion on available land in the town center.
VICKSBURG SQUARE REZONING – A brief discussion ensued regarding the status of the rezoning. Ron Ricci stated that Mass Development is in the process of asking Ayer, Shirley and Harvard to schedule a super town meeting in mid March. Leo Blair explained at the last JBOS meeting Mass Development provided a written proposal of the zoning changes. JBOS members made comments suggesting a redraft and pushed back any super town meeting until the end of March. Once the redraft is completed the document will need to be approved by the JBOS, a public meeting held and then it would go to town meeting.
The meeting was adjourned at 11:00pm.
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