Article 1—Annual Reports—This article offers the town a chance to hear any reports prepared by elected or appointed boards or committees.
Article 2—General Stabilization Fund—The Finance Committee recommends that $160,117—the balance of free cash as of the close-out of FY06—be transferred to stabilization. [See glossary]. At the end of calendar year 2005, the stabilization fund had a balance of $1,350,369. The fund was reduced by four articles voted at the March 25, 2006, Town Meeting: a $100,000 transfer to the reserve fund, $55,657 for modifications to the Bromfield wastewater treatment plant, $17,500 for a town center sewer study, and $24,500 for estimated operating costs at the new public library this fiscal year. It was increased by a 2006 town meeting vote to transfer in free cash of $219,916, by the return of $8,700 in unexpended funds from the wastewater treatment plant modifications, and by $200,000 previously voted for repairs to the Bromfield School roof, which was replaced last year by a capital exclusion for an expanded roof project. At December 31, 2006, the stabilization balance, after the additions and reductions listed above, including interest, was $1,632,832.
Article 3—Reserve Fund—Fiscal Year 2007—The Finance Committee recommends that $250,000 be transferred from the stabilization fund to the reserve fund “to cover unforeseen and extraordinary expenses” in the current fiscal year. At last year’s town meeting, $225,000 was raised by voters to fund the reserve for FY07, but an estimated $475,000 in overruns for the year requires this additional transfer. According to Town Administrator Tim Bragan, a projected school department deficit, almost all in special education, accounts for $350,000 of that total, with the balance made up of a number of the “usual small things.” [That amount may be less now; see story Page 1] Transfers from stabilization require a two-thirds town meeting vote, while reserve account funds are under the control of the Finance Committee, allowing them to handle unexpected expenses without a special town meeting. After all the bills are paid for the current fiscal year, any money remaining in the reserve fund will be returned to the stabilization fund. [A correction made at Tuesday’s Finance Committee meeting; the printed warrant article says general fund.]
Article 4—Omnibus Budget—Approval of the omnibus budget—$18,604,612—allows the town to raise money to fund town and school services and service debt for FY08. This budget assumes, and thus is contingent on, passage of a $650,000 override at the polls April 3. A majority of members from the Board of Selectmen, School Committee, and Finance Committee support approval.
Article 5—DPW (Transfer Station) Personnel—The Department of Public Works staff who would be hired if this article passes at Town Meeting and the election would be part-time and assigned to the transfer station when it is open Saturdays and Wednesdays, thereby freeing regular DPW workers to perform the day-to-day tasks without interruption. The amount proposed for these part-time workers is $20,000, which is included in Article 4, the Omnibus Budget, and ballot Question 1, Proposition 2½ Levy Limit Override. This article is recommended by the Finance Committee and four of the five selectmen—Scott Kimball opposes it.
Article 6—Police Personnel—If passed at Town Meeting and the election, this article would fund promotion from within the department of one of Harvard’s police officers to the rank of sergeant, thereby providing supervision of officers, either by Chief Denmark or one of the two sergeants during more shifts. Chief Denmark estimates that some shifts would still be unsupervised. The $12,500 for this article is included in Article 4, the Omnibus Budget, and ballot Question 1, Proposition 2½ Levy Limit Override. The Finance Committee and all selectmen recommend passage of this article.
Article 7—Bare Hill Pond Drawdown Pumping Station—this article asks townspeople to approve money to cover the increased cost of electricity needed to operate the station, Bare Hill Pond Management Committee Chairman Bruce Leicher said Wednesday. After operating for a year, he said, the committee now has a better idea of what it costs to operate the station. Two factors led to the need for additional funding, Leicher said. The first was increased energy cost, and the second was the sheer amount of water that needed to be pumped out. Since the committee couldn’t accurately predict either rainfall amounts or the impact of underground springs on the flow, their original estimates fell short of actual need, Leicher said, and more pumping was needed than they predicted.
Article 8—Reserve Fund—Fiscal Year 2008—The Finance Committee recommends that the town vote to approve $390,000 for the reserve fund to cover “unforeseen and extraordinary expenses” in the next fiscal year. Although both articles fund the reserve, this one differs from Article 3 in that the funds will most likely be raised rather than transferred from stabilization; therefore this article affects the FY08 budget. In its recommendation, the Finance Committee explains that this request is larger than the typical $225,000 of recent years, because they have built in an extra $165,000 to address potential out-of-district special education cost overruns next year.
For Fiscal Year 2006, some examples of transfers from the reserve fund were: special education expenses of $199,500, public works expenses of $29,374, legal expenses of $17,150, communications personnel expenses of $9,052, water department expenses of $7,681, and so on, down to $150 for Park and Recreation grounds expenses.
In Article 9—Local Schools—the School Committee asks for an additional $113,500 for next year’s school budget, to be funded by a second Proposition 2½ override. Voters have to approve the additional override both at Town Meeting and at the polls next Tuesday for it to pass. The extra money would go toward five items that the school board could not find money for in the regular omnibus budget. Almost half, $60,000, would pay for an additional math or science teacher at Bromfield. Another $15,000 of the override would fund an additional math tutor at the elementary school. A sixth elementary bus, which was added last fall to relieve overcrowding on bus runs and to shorten the time kids had to ride, would be paid for with $10,000 of the override money. If it fails, the schools would run five buses, as before. Also, $12,500 would go towards hiring a part-time out-of-district special education coordinator. This person would visit out-of-district schools to help oversee Harvard pupils’ education there, freeing up Charles Horn, the schools’ special ed director, to use his time more productively, according to the school board. Finally, $16,000 of the override would be spent so Harvard could join the Virtual High School program, which offers online courses to high school students (see story, page 7.)
Article 10—Capital Outlay Exemption—DPW Truck—A six-wheel dump truck with a plow costing about $140,000 would be purchased by the DPW if this article and ballot Question 3, Capital Outlay Exclusion, are approved by voters. The new dump truck would replace several older, smaller trucks for which it is difficult to find replacement parts. This article would also authorize the DPW to sell or trade the older vehicles. Any remaining funds would be returned to the town. Among the town’s five selectmen, Scott Kimball opposes this article. The Finance Committee does not recommend it but suggests finding alternate funding sources.
Article 11—Purchase Ambulance—FY07—The lead-time for the delivery of a new ambulance is one year. The passage of this article would enable the ambulance squad to order a new ambulance to replace the existing, 11-year-old ambulance, before the end of the current fiscal year, thereby replacing it as soon as possible. The Board of Selectmen unanimously recommends this article. The Finance Committee also recommends it. If the article passes, $200,000 will be earmarked for buying and equipping a new ambulance, with any remaining funds being returned to the town.
Article 12—Refurbish Fire Truck—This article would authorize $15,000 to refurbish the fire department’s tanker truck and extend its life by approximately 5 years. Any unused funds would be returned to the town. The Board of Selectmen recommends this article unanimously. The Finance Committee also recommends it.
Article 13—Triennial Revaluation—This article would authorize $50,000 for professional assistance to the assessors to perform the next state-mandated triennial townwide property revaluation. The Board of Selectmen recommends this article unanimously. The Finance Committee also recommends the article.
Article 14—Legal Expenses—The $6,000 requested for legal counsel to advise the School Committee is a one-time expense, said School Committee Chairman Willie Wickman in a phone interview Wednesday. “It’s additional money we need since we haven’t settled [the contract with the teachers] yet,” she said, adding that she anticipates settling the contract soon. “FinCom wanted us to have that [money] outside of our budget,” she said, “since it won’t be a regular expense.”
Article 15—Bromfield House Roof, Porch, and Boiler—authorizes the town to spend $23,000 to fix up the Bromfield House, which is located next to the elementary school and is home to the offices of the school superintendent and the community education program. Of that total, $10,000 would repair the large wooden porch on the building, $10,000 would go for roof repairs, and $3,000 for a new boiler. The roof, porch, and boiler are all in bad shape and need to be fixed, according to the school board. The Finance Committee, in recommending this article, praised the schools for using prisoners to paint Bromfield House last year, thereby saving the town $23,000, and urged them to try to find similar ways to keep the costs of these repairs to a minimum as well.
Article 16—Special Education Audit
Article 17—Citizens’ Petition—Special Education Audit
Articles 16 and 17 both call for an independent outside audit of the special education program. Article 17 was inserted into the warrant in late January by a citizens’ petition, and specifies that the audit cover special ed expenditures. The auditing firm would be chosen by the selectmen and finance board, and would cost no more than $25,000. After this article had been placed in the warrant, the School Committee and the selectmen agreed to put in their own warrant article, Article 16, calling for a broader audit of the special ed program. This audit would provide a more general review of the program and its procedures, as well as see if the program is being run in the most cost-effective way. The task force, composed of two members of the Finance Committee, one member of the School Committee, one member of the Board of Selectmen, and two members of the public appointed by the School Committee, would hire and oversee the auditing firm. In their warrant article, the boards didn’t state a specific amount to be spent on the audit, but the school board, at its meeting this week, voted to request up to $45,000 for the audit. (See story, page 1) However, in its warrant article recommendations, the Finance Committee said it would only support up to $25,000 being spent for an independent audit, not under the auspices of the School Committee.
Article 18—Change Manner of Selection of Finance Committee Members—The Board of Selectmen initiated this article in response to Article 19, a citizens’ petition. At their most recent meeting, the selectmen voted 3-2 in favor of a draft motion to “amend Chapter 36, Section 36-1 of the Code of the Town of Harvard by changing the manner of selection and terms of office of the members” of the Finance Committee. Currently, members are appointed by the town moderator to renewable three year terms. The motion calls for establishing a study group to research the practices of other towns, hold public hearings, and issue a report by October 30, and to “provide a draft warrant article implementing whatever changes they recommend” for next year’s Town Meeting. The study group would comprise the town moderator; two members each from the Finance Committee, Board of Selectmen and School Committee, chosen by their respective bodies; and two members of the public selected by the moderator.
At Tuesday’s Finance Committee meeting, guest and town moderator Dave “Doc” Westerling commented that this is similar to what happened in 1992, when town meeting voted to transfer the role of appointing Finance Committee members from the selectmen to the more “independent” town moderator. He supports the idea of a study committee. “This is akin to something that Harvard used to do—to study something thoroughly,” he said.
Article 19—Citizens’ Petition—Finance Committee—This petition, inserted by 10 or more citizens, asks the town to vote to elect Finance Committee members, rather than have them be appointed by the town moderator, and to elect them for three-year terms. In his candidate’s interview with the Press, Westerling spoke of the process he has used for appointments, following guidelines from the Manual for Moderators and said he thought it worked well. Tuesday night, referring to his role at the upcoming Town Meeting, he expressed some concern about moderating these two articles and said he is considering whether or not he will recuse himself and leave the room during the discussions and votes.
Article 20—Protective Bylaw—Amendment—Museums—proposes to define and regulate museums in town. The article would amend the bylaw by defining the term “museum”; adding museums as an allowable institutional use in Harvard; and codifying detailed rules for private, but not town-owned, museums in Harvard. As written, the regulations would not affect the current operation of the privately held Harvard Historical Society, according to planners and town counsel. They would allow Fruitlands Museum to continue its operation, as long as it followed the regulations of the amendments. A museum would be defined as a “nonprofit educational, literary and benevolent organization,” owned by a nonprofit private group or by the town. The regulations would require a 2.5-acre lot and frontage of at least 180 feet. An on-site eating establishment and/or social function facility would be allowed, “provided that they have obtained the required permits and licenses from the Board of Selectmen and Board of Health and comply with all… [their] provisions…” According to the bylaw, capacity for the onsite eating establishment cannot exceed seating for 100 people, and capacity for an on-site social function facility could not exceed 180. In addition, alcohol could not be served within 500 feet of any residential structure, “except for accessory structures without living quarters.” The bylaw says these regulations do not apply to town-owned museums. A new private museum could be created if it met all the new zoning conditions. Whether a conforming museum could actually serve food or drink would continue to be controlled by licenses granted by the Board of Health and selectmen, according to state law.
Articles 21, 22, and 23 all amend the driveway bylaw. Article 21 would erase a drawing pertaining to a previously deleted bylaw. Article 22 would answer two questions. First, when does a driveway need to be inspected? Second, how complete must a driveway be before the Planning Board can issue building and occupancy permits? To clarify inspection timelines, the bylaw would require the Planning Board to write a letter saying that a driveway is acceptable before the building inspector could issue a building permit. This would apply to driveways needing special permits or site plan approvals. To clarify what is needed for construction driveways versus final driveways, the bylaw would specify which materials could be used for each. Current bylaw has specified overbuilding for construction driveways, to the detriment of the land and with the result of favoring large builders, according to contractors and the Planning Board’s engineering consultant. Article 23 would allow three of the lots connecting to a common drive to be hammerheads, up from the current maximum of two. The purpose is to avoid unnecessary curb cuts, damage to stone walls, and awkward sight lines. The amendment would not change the total number of lots—four—that can branch off a common driveway.
Article 24—Protective Bylaw—Amendment—Purpose— would amend the “purposes” section (§125-1) of Harvard’s protective zoning law, which lists the reasons why zoning regulations exist: for instance, to secure safety from fire, flood, and traffic. Planner Joseph Sudol, who researched and edited the amendment, compared Harvard’s bylaw to state land-use and planning law to ensure Harvard’s purposes were comprehensive. He rearranged the purposes into two major categories: preservation of town character, and protection of natural resources. Courts have used the purposes section to decide cases where an applicant has appealed the decision of a planning or zoning board. As explained by Town Counsel Mark Lanza at amendment hearings, zoning bylaw cannot possibly cover all situations, so in appeal cases, the courts can look at the purposes section to determine whether to justify or overturn a planning or zoning board decision.
Article 25—Home Rule Petition—Accessory Apartments—This Home Rule petition paves the way for Harvard to gain affordable housing—through accessory apartments—without necessarily building new homes. Harvard is required to add 16 affordable homes each year before it can reject developments applied for under Chapter 40B. Accessory apartments can be attached to a home, or on its property, such as in a garage or barn. The apartments could qualify as affordable units if landlords met regulations for registering and renting the units. Rules were negotiated with the Department of Housing and Community Development (DHCD). The incentive to landlords is a tax break: those who register for the program would get tax exemptions for the square footage of their unit. They would agree to fair rental practices and to a deed restriction attached to the owner, not the property. The restriction would go away when the property was sold, or after 15 years, whichever came first. The program is voluntary. Eligible tenants would need to prove their low-income status. Planning Board members are working on an amnesty program to let qualified, existing tenants stay without entering the usual lottery, if the landlord wants to register the apartment as affordable. If the petition passes at Town Meeting, DHCD sanctions Harvard’s regulations, and the legislature passes the petition, and Harvard can begin its program.
Article 26—Town Center Septic—Testing—The Board of Selectmen voted 3–2 to pass over this article. Selectmen Lucy Wallace and Bob Eubank opposed the motion to pass over it. The article would authorize the selectmen to spend up to $25,000 from the Rantoul Trust to have no more than three sites in the town center tested to see if they would accommodate an expanded wastewater treatment facility.
Article 27—Contract(s)—Union Wages— If contract negotiations with the town’s teachers and public safety personnel had been settled, this article would allow adding money in the amount of the collective bargaining agreement(s) to the FY08 omnibus budget. The Board of Selectmen took no action on this article, as there are no contracts settled.
Articles 28 through 38 are Community Preservation (CP) Committee warrant articles. Every year, the committee must either allocate or reserve 10 percent of that year’s funds to each of three core interests: historic preservation, affordable housing, and conservation land. The current fund has $252,723, with an expected increase of $280,000 for 2008. The funds come from a 1.1 percent surcharge on local property taxes and fully matching state funds. Town-approved recommendations—during Town Meeting—authorize town organizations to use the appropriated funds for specific purposes. Unused funds are returned to the fund.
Article 28—Drawdown Station Operating Costs—According to Bruce Leicher, chairman of the Bare Hill Pond Committee, Article 28 will be reworded before Town Meeting to request “project completion costs” rather than “operation costs.” CP funds are allocated for very specific uses and are not available until July, after the fiscal year ends. Last year the pond committee had to draw on federal funds earmarked for environmental monitoring or construction to cover pre-July construction costs, but was then unable to later use CP funds for the environmental monitoring because of their single-use earmark. The amount in question, about $5,000, was allocated last year, but the wording must be modified to release it.
Article 29—is one of three CP committee warrant articles that are operational and recur each year. This article lets the committee present its annual report and fiscal year 2008 recommendations The other two are Article 36 and Article 37.
Article 30—Transfer Funds from CP fund to Municipal Affordable Housing Trust Fund—The CP committee recommends transferring $110,209 to the Harvard Municipal Affordable Housing Trust that the town voted to create at the 2006 Annual Town Meeting. The goals of the trust are to add to the town’s affordable housing units and to meet the state-required 10 percent minimum of units restricted for households earning 80 percent or less of the Boston region’s median income, in this case, approximately $70,000 or less for a family of four. Because the town can only raise and appropriate funds through annual or special town meetings, the trust was created to function similarly to the Harvard Conservation Trust—to act quickly should property appropriate for affordable housing development become available. The Finance Committee, in its warrant recommendation, expresses the opposing view that the town, via town meetings, should retain the right to approve or disapprove specific expenditures.
Article 31—Conservation Fund—recommends giving the Conservation Commission $200,000, creating a $576,398 balance that the commission could use to purchase restricted conservation land without town meeting approval. The Finance Committee recommends this article.
If approved, Article 32—Mass. Ave. Senior Housing—will give the Harvard Housing Authority $25,000 for continued engineer and site plans and $25,000 for a grant consultant. The authority expects the grant consultant to find state and federal grants available for the proposed senior housing project on Mass. Avenue. The Finance Committee recommends this article.
In Article 33—Shaker Herb-Drying Shed—the Historical Commission requests $2,500 to restore the chimney, roof, and fascia boards on the town-owned Shaker herb-drying house in Shaker Village. The North Bennet Street School, noted for excellence in restoration training, has offered student labor for the project. Requested funds are to cover materials and site expenses. The Finance Committee concurs with the CP Committee recommendation.
Article 34—Trail Construction—seeks $7,500 for the Park and Recreation Commission to initiate developing a trail from Ryan land fields to the new Harvard Park on Lancaster County Road. With an additional $2,500 from private donations, the commission plans to apply for a 20:80 funding grant from the state, bringing the project funds to $50,000. Again, the Finance Committee concurs.
In Article 35—Boat House Study—the Bare Hill Rowing Association is asking for $5,000 for a feasibility study to determine if the old boathouse foundation can be used for a new boathouse. The Finance Committee recommends this article.
Article 36 seeks $5,000 from the Community Preservation fund for committee operating expenses.
Article 37—CP fund reserves—asks to fund required dedicated minimums within the fund.
Article 38—General bylaw—Amend Historic District Procedures for Review of Applications—The Board of Selectmen took no action on this article. If it passes, applicants will have to pay $15 for an abutters list and any other legal fees for which they are not already responsible.
Article 39—General bylaw—asks for the addition of “may” in “Chief of Police may criminally prosecute violations of this bylaw Section” (119-11(D)) and to corrected a numerical misprint—199-8 should read 119-8. All bylaw changes, no matter how small, require town meeting approval.
Article 40—Accept M.G.L. Chapter 39 Section 23d—unanimously recommended by the Board of Selectmen.
Article 41—Accept Gifts of Property as Conservation Land—At the time the selectmen prepared the warrant there were no gifts given, so no action was taken.
Article 42—Accept highway funds—no action.
