2008 Annual Town Meeting Warrant Summary

March 28, 2008

The following is a summary of the articles on this year’s warrant. It is meant to provide readers with an overview, and is not intended as a substitute for any of the information appearing in the warrant. For the full text of the warrant articles, as well as commentary by the Finance Committee, refer to the warrant booklet mailed to each household last week.

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: Reserve Fund, fiscal year 2008—The article asks voters to set aside money in the Reserve Fund to cover unforeseen account deficits in the current fiscal year. The Finance Committee recommends taking no action on this article, since it is unaware of any such deficits.

Article 3: Health Insurance Off-Set—This article asks voters to appropriate money to fund the second and final part of the one-time payments voted at the March 2007 Town Meeting, to cover a health insurance off-set for non-union town employees. The Finance Committee recommends that $42,000 be transferred from the Stabilization Fund to pay for fiscal 2008 medical insurance stipends for certain non-union employees. This expenditure is in addition to the $73,200 that was voted at October’s Special Town Meeting.

Article 4: Omnibus Budget—Asks voters to approve the omnibus budget—in the amount of $20,094,069—to fund town and school services and the cost of borrowing in fiscal 2009. This amount is contingent upon passage of ballot question number 1— a Proposition 2½ override of $786,000—at the annual town election April 1. Of this override amount, $684,000 is required to fund the omnibus budget, and $102,000 represents funding for new programs that are outlined in Articles 5, 6, and 7. The Finance Committee recommends approval of this article.

Article 5: Council On Aging, additional hours—Seeks approval of $12,505 in funding to increase the work hours of the Council on Aging director from the current 30 hours per week to 40 hours per week. Approval is contingent upon passage of the override. The COA director has indicated that, with the increasing number of seniors in town, it is becoming difficult to perform all the administrative duties, case management, and programming coordination necessary in a 30-hour week. The Finance Committee has taken no position on this article, and has expressed concern about increasing personnel costs.

Article 6: Harvard Public Library, substitute coverage—This article seeks approval for $15,715 for substitute coverage and after-school monitors at the library; approval is contingent upon passage of the override. The town’s requirement that employees use accrued time off has created a need for substitute coverage and increased after-school use of the library by students has created a need for monitors. The Finance Committee has taken no position on this article, and has expressed concern about increasing personnel costs in the budget.

Article 7: Harvard Schools, personnel costs and books—This article asks voters to appropriate $73,780 to fund a middle school special education position and the purchase of textbooks. Approval is contingent upon passage of the override. The Finance Committee has taken no position on the article; if it is not approved, the School Committee would need to find other sources to pay for this request.

Article 8: Reserve Fund, fiscal year 2009—A request for the appropriation of $350,000 for the Reserve Fund to cover unforeseen and/or extraordinary expenses in the coming fiscal year. The Finance Committee estimates that half will go for emergency needs, and half for potential unforeseen special education costs.

Article 9: Install Fire Hydrant on Lower Common—This article asks voters to fund the installation of a fire hydrant on the lower Town Common, as part of a planned five-year water line replacement project. The Finance Committee recommends the approval of $20,000 for this purpose.

Article 10: Purchase fire chief’s vehicle—Approval of this article authorizes the expenditure of funds to purchase a new vehicle for the fire chief, and authorizes the sale or trade of the current vehicle, a 2001 Chevrolet Tahoe with more than 100,000 miles on it. The Finance Committee recommends that $35,000 be approved for this purpose.

Article 11: Town Clerk, ballot box replacement—The article asks voters to raise and appropriate or transfer from available funds a sum of money for the purchase of a new ballot box, as the current software will not be supported by the vendor following the 2008 presidential election. The Finance Committee recommends the approval of $7,000 for the purchase of a new box.

Article 12: GASB 45 actuarial valuation—Requests that voters raise and appropriate or transfer from available funds a sum of money to fund the actuarial valuation of retiree health insurance costs as required by Governmental Accounting Standards Board statement number 45. The Finance Committee recommends the approval of $12,000 for this.

Article 13: Borrowing, non-excluded debt—Voter approval of this article authorizes the borrowing of a sum of money as non-excluded debt to fund various capital expenditures. The Finance Committee recommends that the projects be funded through a non-excluded debt issuance using 10-year State House notes up to an authorization of $500,000. Annual cost of the debt principal and interest is projected to be about $70,000. Capital projects under consideration include approximately $300,000 for DPW building repairs, renovation, and equipment, and $200,000 for school projects.

Article 14: Municipal sewer analysis—Asks voters to approve from available funds an expenditure of not more than $40,000 for professional services associated with design, feasibility, and cost analysis related to the construction of a sewer system or other appropriate septic solutions to serve the needs of the town, with a goal of presenting a solution for voter approval at the next Town Meeting. The Finance Committee recommends approval of this article, with funds to be appropriated from the Stabilization Fund. (Town Center Septic Task Force will ammend the amount requested during Town Meeting. STORY)

Article 15: Receipts reserved for appropriation, ambulance—Approval of this article would establish an account to collect and hold ambulance receipts, subject to appropriation at a Town Meeting, to help defray operating and capital costs. The Finance Committee has commented that the first $12,660 of such receipts will be used to offset new program costs in fiscal 2009.

Article 16: Community Preservation Committee Report—This article offers the town a chance to hear the report and recommendations of the Community Preservation Committee on the fiscal 2009 Community Preservation budget.

Article 17: Community Preservation Fund transfer to Council on Aging—Asks voters to approve the transfer of $20,000 from the Community Preservation Fund to be spent by the Council on Aging, with Historical Commission oversight, to scrape and paint the Hildreth House trim. The Finance Committee recommends approval.

Article 18: Shaker herb-drying house doors—Approval of this article would transfer $3,000 from the Community Preservation Fund to be spent by the Historical Commission to restore two doors at the Shaker herb-drying house. The Finance Committee recommends approval.

Article 19: Restoration of Mass. Ave. stone wall—Asks voters to approve the transfer of $5,000 from the Community Preservation Fund to be expended by the Board of Selectmen, with oversight by the Historical Commission, for the restoration of three areas of the stone wall on Mass. Ave. The Finance Committee recommends approval.

Article 20: Community Preservation Fund Reserves—Requests that voters transfer from fiscal 2009 community preservation revenues $30,250 for historic preservation. The Finance Committee recommends that an amount to be determined at Town Meeting be transferred to the Community Preservation fund.

Article 21: Conservation Fund—Asks voters to transfer $150,000 from fiscal 2009 community preservation revenues to be placed in the Conservation Fund.

Article 22: Harvard Municipal Affordable Housing Trust Fund—Approval of this article would transfer $150,000 to the Harvard Municipal Affordable Housing Trust Fund ($100,000 from Community Preservation Fund unallocated reserves and $50,000 from community preservation revenues). The Finance Committee recommends against this article, saying that it would give the MAHT the right to expend funds on affordable housing projects without a vote of Town Meeting.

Article 23: Appointment of Finance Committee—Asks voters to approve amendments to Chapter 36 of the Code of the Town of Harvard to modify the process by which members of the Finance Committee are appointed, and to provide for the addition of associate members. The changes call for members to be appointed by the town moderator to staggered three-year terms, and call for the moderator to “exercise due care” in ensuring that the committee membership represents a cross-section of the community. At the end of a given term, or in the event of any other vacancy, the Board of Selectmen would publicize the opening and invite candidates to submit letters of interest to the town administrator. The moderator would present the candidates at a Board of Selectmen meeting, during which there would be an opportunity for public participation. The moderator would ultimately make the appointment, no more than 60 days after the announcement of the vacancy. The modifications also call for the appointment by the moderator of two associate members to one-year terms on the committee. Associate members would participate in the committee’s duties and functions, but would not have voting authority.

Article 24: Senior rental housing project—Seeks direction from voters on pursuing the development of a senior rental housing project on town-owned property at Hildreth House, incorporating affordable housing units and, potentially, market-rate units. Approval of this article would authorize and encourage the Housing Authority to explore the feasibility of and seek funding sources for this development. Development of the site would be subject to future Town Meeting approval.

Article 25: Protective Bylaw Amendment, museums—Asks voters to approve modifications that would add to Ch. 125, section 16 of Harvard’s bylaws the definition of a museum, and the conditions relating to an on-site eating establishment at a museum. The bylaw could potentially solve two problems. It could regulate museums in Harvard, filling a gap in current bylaw. It could also be part of an agreement to settle a lawsuit brought against the Zoning Board of Appeals by Fruitlands Museum. (Fruitlands brought the suit to challenge conditions of a special permit granted by the ZBA to the museum in 2006. The permit put conditions on social functions held at the museum, functions that had been going on for years. In the process, the ZBA denied the museum’s claim that it was an educational institution and therefore answerable to state, not local, regulation.)

As written, the regulations would not affect current operation of the privately held Historical Society, according to planners and town counsel. They would allow Fruitlands Museum to continue its operation, as long as they follow the regulations of the amendments. 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.

Provisions of the bylaw include the minimum lot size for a museum (2.5 acres with access frontage of at least 180 feet); the requirement that an on-site eating establishment must serve to fund the museum’s operations; the requirement that an on-site eating establishment have a seating capacity of no more than 100, except for on-site social functions, for which the limit would be 180; the requirement that such an establishment obtain all necessary permits and licenses from the Board of Selectmen and the Board of Health; and the requirement that the facility be set back at least 500 feet from any residential building if alcoholic beverages are served or sold there.

Article 26: Amend Protective Bylaw, lighting—Approval of this article would include in Ch. 125, section 40 of Harvard’s bylaws wording that expands the intent of this section to reduce light pollution for the preservation of the night sky as a natural resource, rather than just to prevent unnecessary glow that might interfere with astronomical research. Changes would require that any outdoor lighting fixture be shielded from above; would prohibit the use of neon lights or lamps of metal halide, mercury vapor, and quartz; and would prohibit outdoor lighting between 11 p.m. and 6 a.m., with certain exceptions, such as business operations during those hours, and security or safety requirements, in which case specifications and allowable lighting sources are spelled out.
[Note: According to a vote on March 17, the Planning Board will insert language that differs from the warrant as now printed. In the warrant, it says that new overnight lighting restrictions apply to both commercial and residential uses. At ATM, the board will amend the warrant to say that these new overnight restrictions apply only to commercial, not residential.]

Article 27: Amend General Bylaws, scenic roads—Asks voters to approve a replacement to Ch. 90 of the town bylaws dealing with scenic roads. The existing bylaw contains two sections, the first of which lists roads designated as scenic roads, the second of which states that written consent of the Planning Board is required prior to any repair, maintenance, reconstruction, or paving of those roads, and prior to the cutting or removal of trees, or the tearing down or destruction of stone walls along those roads. The amended bylaw contains seven sections. The first is a four-part statement of purpose and designation; the second specifies details around the repair and maintenance of scenic roads and the cutting or removal of trees along those roads, as well as the modification or destruction of stone walls. The third section lists the roads in town with the scenic designation. Section four outlines applications and fees associated with activities affecting scenic roads. Section five states that Planning Board decisions may be subject to review in Superior Court. Section six states that the bylaw will be administered and enforced by the Planning Board, the building inspector, the tree warden, the director of the Dept. of Public Works, or others designated by the town administrator, and defines the action enforcing officials may take in the event of violations. Section seven states that invalidation of any section of the bylaw shall not invalidate other sections.

Article 28: Amend General Bylaw, associate member of Planning Board—Approval of this amendment would add Chapter 11 to the bylaws, outlining the role of an associate Planning Board member. It states that an associate member can attend all meetings, participate in discussions, and at the designation of the chairman can act as a regular member of the board on administrative matters. The associate would not be able to act in lieu of a regular elected or appointed member on any non-administrative issues, such as site plans.

Article 29: Citizens’ petition–wind energy systems—Asks voters to approve a new chapter, number 53, to Harvard’s Protective Bylaws to allow wind turbines as an accessory residential use to generate electricity. It defines limits for height, noise, setbacks, and visual impact, and requires that residents wishing to install a turbine apply for a special permit from the Planning Board, providing plans, drawings, specifications, and any other information required by the board. It calls for periodic inspections by a registered professional structural engineer, and specifies that, if a unit falls out of service for a continuous 24-month period, the building inspector may provide the owner with a notice of discontinuance, which could precipitate removal of the unit at the owner’s expense unless the owner can satisfy the building inspector that its use has not been discontinued.

Article 30: Citizens’ petition–resume Devens jurisdiction—This article asks voters to direct the Board of Selectmen to pursue acquiring municipal jurisdiction and permanent government structure for the ongoing operation and administration of that portion of Devens that falls within the historic boundaries of the town.

Article 31: Citizens’ petition–create town of Devens—This article asks voters to direct the Board of Selectmen to pursue the actions necessary to facilitate creation of the town of Devens.

Article 32: Acceptance of gifts of property, conservation land—Seeks voter approval of land gifts previously accepted by the Conservation Commission and approved by the Board of Selectmen.

Article 33: Acceptance of highway funds—Asks voters to approve the acceptance of state funds to be used for reconstruction and improvements of public ways.

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