Board of Selectmen, 4/21/09

April 24, 2009

Leaders invited to help on ‘Walk to School Day’

Selectman Tim Clark reminded residents that Tuesday, April 28, will be Walk to School Day. Walkers and their leaders will assemble at 7:45 a.m. at three meeting points around town. Anyone who is interested in helping as a walk leader may call him.


Possible new locale for fireworks

Town Administrator Tim Bragan reported that this year’s fireworks for the Fourth of July celebration may be relocated to Fruitlands Museum. However, the change will require a special permit for Fruitlands to exceed the noise restrictions that would apply to most entertainment there. The exact date for the fireworks has not been determined. The event is being moved away from Bare Hill Pond because of potential perchlorate contamination of the water.


Evergreen responds

Bragan reported that Evergreen Solar has responded to noise complaints with a letter to Peter Lowitt of the Devens Enterprise Commission. Evergreen believes that the noise originates from a blower motor assembly, which was missing a bolt and had a worn shaft bearing and damaged blades. The company is also investigating the possibility of a sound barrier. Lowitt has asked Evergreen for dates for completion of the work.
Special meeting to discuss town center sewer

Chairman Leo Blair announced a special selectmen’s meeting for Tuesday, April 28, at 7 p.m. in the Town Hall meeting room. The meeting will be devoted to discussions with the Town Center Sewer Action Group. The selectmen also put forth a draft document describing a new group, the Town Center Sewer Building Committee (TCSBC), which would oversee construction of the sewer if the town approves the project. The document describing the membership and functions of the TCSBC will be available on the town website, www.harvard.ma.us.


Conservation commissioner appointed

The selectmen appointed Joshua Gould to the Conservation Commission to replace George Watkins, who has resigned. Gould has been serving as an alternate, and the commission requested that he be named to fill the vacancy. His term will run until June 30, 2012.


Lanza: Officials free to spend less than approved budget

Town officials are authorized to spend less than the amounts that are approved at Annual Town Meeting according to Town Counsel Mark Lanza. The question was raised by Jeffrey Harris at the April 21 Board of Selectmen meeting.

Harris expressed deep concern that the recent spending reductions in Harvard have undercut the authority of Town Meeting. He argued that the selectmen have unilaterally reduced expenditures approved by Town Meeting. Town Meeting is a legislative body, Harris asserted, and the only legitimate way to change one of its decisions is by the vote of another Town Meeting.

In a written response, Lanza wrote that officials “need not expend the total amount of the appropriation.” According to Lanza, the Board of Selectmen could limit spending for boards under their jurisdiction, but not for “independently elected boards and officials.”

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