Board of Selectmen
Minutes
August 18, 2009
own Hall Meeting Room
The meeting was called to order at 7:00 P.M. by Chair, Ron Ricci in the Town Hall Meeting Room. Ron Ricci, Lucy Wallace, Leo Blair, Timothy Clark and Peter Warren were all in attendance.
MINUTES – On a Warren/Clark motion, the Board voted to approve the minutes of 7/13 and 7/15, as amended. Wallace did not vote on the 7/13 minutes as she was not there.
EMERGENCY NOTIFICATION SYSTEM UPDATE – Fire Chief Bob Mignard updated the Board on the progress of the reverse 911 notification system. Mignard explained that currently Town Counsel Mark Lanza and ConnectCTY attorney are finalizing the contract. Once the contract is signed the database will be build in 2 to 3 business days via commercially available data and a GIS map indicating legal boundaries. Mignard said Harvard would be assigned a client care team to assist with implementation and training. To inform residents, Mignard plans to place announcements in the paper, on the cable television channel, provide flyers and possibly a bulk mailing. Mignard explained that residents can register themselves and opt in or opt out. ConnectCTY has 24/7 customer service to assist residents through the process. Mignard expects the system to
be up and running smoothly in 2 to 4 weeks after database is completed. A test will be conducted prior to they system going live. Town Administrator Tim Bragan confirmed protocol would be established for this new system.
TOWN CENTER SEWER BUILDING UPDATE AND APPOINTMENTS –
Ron Ricci informed the Board that Chris Ashley could not attend the meeting and that volunteer forms have not yet been received for interested volunteers.
Tim Clark gave a brief update to the Board stating:
· State revolving funds application is due by the end of August and Norfolk Ram is working on it.
· Commonwealth Capital application would be filed in a week or so
· Testimony was made in July for the Home Rule Petition and he is hopeful for action to be taken in early fall.
Tim Bragan said the next steps would be peer review and borings within the street for sub surface geology. Tim Clark confirmed another volunteer is necessary with administrative capabilities preferable.
EVERGREEN SOLAR UPDATE – Ron Ricci said he and Peter Warren accompanied the sound engineers from Evergreen Solar, Devens Enterprise Commission, and Peter Lowitt while the stress test was conducted on August 17th. The two locations visited were Myrick Lane and Dunroven Farm on Old Mill Road. Both Selectmen commented on noise emanating from a location other than Evergreen Solar. The stress test indicated dBA levels at 43+. Leo Blair said prior to the August 17th stress test levels have been lower. He commented that Evergreen Solar’s commitment for the stress tests were to be 38dba in evening hours. Blair said at this time Evergreen Solar is not in compliance and it is up to DEC to address this. Blair said he spoke with Mr. Feldt of Evergreen Solar earlier in the day and he confirmed they have
spent $2.6 million to resolve the noise issue. Blair said the noise may not be coming from Evergreen Solar and that reasonable standards must be set. Blair stated the BOS are mindful of the situation but must allow DEC to take the lead on this and asked for patience on the part of residents.
TOWN ADMINISTRATOR REPORT – Tim Bragan asked the Board to consider Town Center Parking with the advent of the water main connection going down the no name road (Common Street) it is an opportune time to decide whether or not you want to make that area into parking for downtown. Also, should the Building Use Sub-Committee plan to move town offices to the former Library then the parking area could be used for the town offices. The Board agreed to have Tim Bragan and Tim Clark present a plan at the September 15th meeting.
Bragan said he sent out an email regarding the old library and getting quotes to put up a wall to create the Veteran’s office and was questioned as to whether or not the BOS had approved doing this so he suggested the Board send it to the Building Use Sub-Committee. In the meantime, he will work out a temporary solution for the Veteran’s agent.
Bragan said he is preparing an application for CPC funds to get the Town Hall Building façade painted and where needed repaired. He will be coordinating his efforts with the Building Use Sub-Committee and asking the Historical Commission for their support of the application due by the end September.
Bragan said the Fall into Fashion organizers are looking for a donation from the BOS for their silent auction and were wondering if the board would be willing to donate a transfer station sticker for FY2011. The Board agreed to donate a transfer station sticker.
Bragan told the Board that he and Bill Johnson are working on putting the EDAT committee together and will have all of the names for appointment at the next BOS meeting. Bill is now able to be part of EDAT as his other commitments have now changed.
Bragan said the Board of Health has requested that the BOS sign the Region II Mutual Aid Agreement for the Public Health Agencies. Bragan confirmed that Sanitarian Ira Grossman indicated the language of the agreement is such that it cannot be changed and that the BOH would like to have this in place prior to the upcoming flu season. The contract had been reviewed by Mark Lanza last year and he said then that the form was fine. On a Clark/Warren motion, the Board voted to approve the Region II Mutual Aid Agreement. (Nay – Blair)
Bragan informed the Board that the Fire Chief along with the Police Chief and the Board of Health have worked together on dealing with the Kilpi property on Pond Road and have sent the attached letters and if the Kilpi’s do not deal with the various issues by the 25th then the Town will move forward and either clean it up or have it cleaned up at the owner’s expense.
Bragan stated the he completed and submitted the attached Green Community Grant request for Planning Assistance. The Energy Advisory Committee has requested that we act and thus it was submitted by the deadline of last Friday and we should hear something by the 21st as to whether or not we were successful.
Bragan told the Board that the Capital Planning bylaw was approved except for section three as the vote was not called by a 2/3 majority even though there was only one no vote and according to the AG section three also requires a 2/3 vote to put money into the fund.
A special town meeting will be required.
Bragan asked the Board to confirm location of the Annual Town Meeting to be in the gymnasium.
Bragan told the Board that the Annual Employee Appreciation cookout was held on Wednesday, July 22, 2009 from 11:30AM to 2:30PM at the Hildreth House and was a success. Bragan said there were more employees who attended this year and thanked the Board for their support.
PUBLIC COMMUNICATION –
Paul Green, 288 Old Littleton Road, asked the Board to consider the Master Plan from 2002 as they progress on the reuse of the old library and purchase of land for future municipal purposes. Mr. Green also asked when existing hangers from the December ice storm would be handled. After contacting the DPW Director Rich Nota, Tim Bragan inform said all hangers would be addressed on August 29, September 1 and 2.
Nathan Lamb, Harvard Hillside, asked if the consensus of the Board was that noise on Barnum Road was not from Evergreen Solar.
Jay Wallace, 62 Old Mill Road, stressed how important it is for Devens to improve procedures relating to issues such as noise for the future. He again thanked the Selectmen for their involvement.
SHAKER HILLS LIQUOR LICENSE FEE REQUEST – Joe Levine was in attendance to request a reduced liquor license fee because his business is seasonal. The Board did not reduce the fee.
ENERGY ADVISORY COMMITTEE DISCUSS PLAN FOR USE OF CLEAN ENERGY CHOICE FUNDS – Eric Broadbent thanked the Board and Tim Bragan for their commitment in working toward becoming a green community. Broadbent explained the next step is to contact Alyssa Rosen at Cadmus Group stating our interest in pursuing CEC (Clean Energy Choice) funds for solar PV and requesting feasibility studies. He said Harvard has $33,500 in an account with National Grid and Mass Technology Collaborative will close accounts for disbursement if not applied for by November.
On a Wallace/Clark motion, the Board voted unanimously to authorize the Town Administrator to contact Alyssa Rosen to authorize work with Cadmus Group in preparation of application.
SELECTMEN REPORTS –
Peter Warren suggested the BOS consider proposing a bylaw at Town Meeting authorizing the Town to impound vehicles if deemed necessary.
Tim Clark updated the Board on progress at the Transfer Station. He said co-mingling recycling is in full swing and the take it or leave it area will not be relocated until September. Due to the recent changes, Clark said the Transfer Station Committee would be reviewing volunteer responsibilities. Anyone interested in volunteering should contact Tim Clark or Chris Ryan directly.
Lucy Wallace said the Annual Apple Festival will be held on Columbus Day weekend and asked if approval for a banner over Ayer Road was required. Tim Bragan said all banners must be approved by the BOS.
Wallace informed the Board that at the Council on Aging’s annual strategic planning session they set three goals for the upcoming year. First they will address housing needs for seniors in town including transportation and senior center, second will be outreach to the community including residents assisting elderly parents and third will be to work to increasing their volunteer base.
Ron Ricci said he anticipates an all boards meeting to be held on September 29th.
REVIEW AND APPROVE DPW ROADWAY PROGRAM –
On a Warren/Wallace motion, the Board voted unanimously to approve roadway program as presented. Lucy Wallace suggested the DPW Director add to the list for crack filler the culvert located under Littleton Road between the cornfield and community garden.
SAINT BENDICT’S EASEMENT – Tim Bragan explained he just received language for the easement and has forwarded it onto Mark Lanza for review. The Board should be able to act on it at their September 1st meeting.
LIONS CLUB SIGN REQUEST – Tim Bragan informed the Board that the Harvard Lion’s Club has submitted a request for an overhead road sign near 150 Ayer Road. They have also completed an Entertainment License application. The Board would not waive the $25.00 Entertainment License fee and have set a public hearing for September 1st. The Board did approve the sign request to be removed within a week of the event.
RESIGNATION OF BARBARA BRADY FROM PLANNING BOARD –
The Board members accepted Barbara’s resignation and thanked her for her enormous contributions over the years. The Board agreed to send a letter of thanks.
DISCUSS FY2009 GOALS– Ron Ricci asked each member to select their top three goals for the upcoming year.
Tim Clark:
(1) Municipal Buildings: reuse and town center.
(2) Fiscal/Personnel: operations at town hall, integration of systems.
Lucy Wallace:
(1) Municipal Buildings: town center and develop timeline work with Planning Board, school sites school committee.
(2) Devens: continue with JBOS, economic remodeling.
(3) Miscellaneous: communication
Peter Warren:
(1) Fiscal/Personnel
(2) Devens: ties in for physical issues for the town
(3) Municipal Buildings: town center
(4) Ayer Road.
Ron Ricci:
(1) Municipal Buildings: town center, use for old library once sewer comes in.
(2) Fiscal/Personnel
(3) Devens
Leo Blair suggests establishing specific benchmarks and coordination with committees/boards. The Board agreed to have Tim Bragan condense list of potential goals to specific actionable items and identify which committee/board should be involved. This way the list can be distributed prior to the all boards meeting on September 29th.
**** On a Blair motion, the Board voted unanimously by a roll call vote
(Clark – AYE, Blair – AYE, Wallace – AYE, Ricci – AYE, Warren - AYE) to enter into executive session at 9:37pm, as authorized by Chapter 39, Section 23B of the Massachusetts General Laws, at a meeting for which 48-hours notice has been given, to discuss and review non-union Town contracts and to discuss the purchase of real property. Following the executive session, the Board will reconvene into open session, for the sole purpose of adjourning. ****
The meeting was adjourned at 10:07 pm.
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