Public Hearing Concerns & Answers: September 13, 2017

Questions based on written comments submitted by 3 residents during the September 13, 2017 Public Hearing.

Resident #1

Does the Charter help Harvard integrate Devens if jurisdiction is resumed?
1. Yes. The consolidation of the Executive function in the Select Board will allow the Select Board to coordinate and manage the jurisdictional changes. With primary responsibility for the budget, the Select Board will be sensitive to revenue and operational costs in considering the jurisdictional question of Devens.
In section 2-1, why are town elections not considered as a legislative power?
1. The legislative powers of the town shall be exercised by the Town Meeting, open to all registered voters of the town. Town elections select individuals to serve the town. The conduct of elections is an Executive function. Massachusetts General Laws Chapter 39 provides that municipal elections be held during the months of February through June. The Board of Selectmen schedules and signs election warrants and is also responsible for the determination of polling locations.
In section 2-6, the Select Board receives petitions for articles to be placed on the warrant. Can the Select Board ignore a petition? What would prevent that from happening?
1. The Select Board cannot ignore/decline a citizen petition for the insertion of a town meeting warrant article. If such an activity were to occur, action could be taken in the judicial system to compel such action.
Is the recall provision still included in the Charter?
1. No, the Commission heard many opinions about the recall provision and determined not to include it in this Charter. Recalls may happen through a petition process. Such a provision could be added to the Charter when it undergoes review (See question 13 below which explains the review process.)
Why is the Open Space plan not cited as a document to be considered when the Select Board creates its vision for the town?
1. We expect that an Open Space plan, created by the Conservation Commission. Its implementation is called for by the Master Plan. Thus, it would be considered when the Select Board creates its vision for the community. The Town’s affordable housing plan would also be considered. The list of planning documents contained in the proposed Charter is not intended to be exhaustive.
Clarify the order of vision, planning, & budget process. It appears that the Select Board’s goals are set after the budget is submitted; how can this work?
1. At the outset of each fiscal year, the Select Board will prepare a Strategic Plan that provides:
  1. Defining the Town's Vision - including emerging issues and opportunities;
  2. Identifying and assigning the Planning initiatives required to understand the dynamics of that Vision and a way of addressing it;
  3. Consideration of the current Master Plan, the Capital Investment Plan, and Finance Committee Five-Year Plan, and citizen inputs;
  4. Developing an outline of Policy options;
  5. Projecting revenue necessary for implementing planning activities and policies, and include this projection in its proposed Town Budget.
Are the Planning Board and the Town Planner included in the Select Board’s goal setting process?
1. Yes.
Who sets goals for the Town Administrator? Does the public have a right to review these goals?
1. The Select Board will establish goals for the Town Administrator. The Town Administrator’s goals would be publicly discussed and voted upon at an open meeting.
What are the responsibilities of the DPW Director with regard to other town agencies?
1. Section 5-5 (b) (3):
  1. As directed by the Town Administrator, directing and supervising the operation and system maintenance of the Water and Sewer Department, Cemetery Department, Pond Committee, Conservation Commission, Elm Commission, Tree Warden, playgrounds and recreation fields, Town Common, library grounds, and school grounds.
  2. Meets with the respective agencies periodically.
  3. Assists the above agencies, as requested, in planning the operations of the respective agencies.
2. Section 5-5 (b) (4):
  1. Assisting the Select Board, Conservation Commission, Board of Health, Planning Board, and Board of Appeals.
  2. Administering the driveway connection regulations of the Town.
  3. Reviews site plans, subdivision plans, and other plans having an effect on the infrastructure of the Town.
Is the Capital Planning and Investment Committee part of the Finance Committee? If not, why not?
1. Capital Planning and Investment Committee is not part of the Finance Committee at this time. The Commission listened to many opinions about combining these two committees and determined that the best course for now was to have them remain separate committees. This may be changed when the Charter is reviewed at a later date.

Resident #2

Is there a quorum requirement for Town Meetings? If so, why?
1. Yes, the quorum is 50 registered voters. A minimum representation is needed to ensure a viable decision making process.
Why is the Select Board appointing individuals to boards and committees? Does this make the Select Board have too much power?
1. With this change, the Select Board, as Executive, will have an integrated team and therefore be able to foster collaboration, resolve jurisdictional disputes and direct boards and committees to accomplish the town’s goals.

Resident #3

How may the Charter be amended after it is adopted?
1. The Charter may be revised at the will of the Town Citizens by warrant article at Town Meeting calling for the moderator to create a commission to review the Charter. This commission will then make recommendations for revisions at the next annual town meeting. In addition, a Charter Review process must occur every 10 years.
What role will Town Meeting have in revising bylaws to conform to the Charter?
1. The Charter states that the Moderator shall appoint a committee within 45 days of the adoption of the Charter to review the existing by-laws for compliance.
How do residents provide input into the Select Board’s goal setting process?
1. The Select Board’s goal setting process will be conducted in open meetings. Residents and boards will have input during public comment periods and by written correspondence to the Select Board.
What is a community that is not “geographically based”?
1. As settlement patterns evolved, technology changed and population increased, geography ceased to be the primary determinant of one’s community. Today, individuals and families belong to a variety of communities, fewer and fewer delimited by town borders.
Does the Charter provide for a caucus?
1. Yes. Harvard is one of only six towns in the Commonwealth to use a caucus for the nomination process.
What provision is in the Charter to prevent the Select Board from appointing their friends to boards and committees?
1. The Charter Preamble declares “inclusionary procedure ensure(s) all voices are heard and all citizens are emboldened to contribute to Harvard’s governance and community spirit.” Further, the Charter states that Agencies should represent a cross-section of the Town as a whole and that appointments to the following boards shall be by an affirmative vote of no less than four members of the Select Board: Planning Board, Board of Health, Cemetery Commission, Community Preservation Committee, Constable, Historical Commission, Park and Recreation Commission, and Tree Warden.
Does the Charter include a recall provision?
1. No. The Commission heard many strong opinions for and against the recall provision and determined not to include it in this Charter. Recalls may be proposed through a petition process or a recall provision may be added to the Charter when it undergoes the review process.
Did the Commissioners consider moving to a representative town meeting?
1. Briefly, however the Town of Harvard does not qualify for a representative town meeting under Massachusetts General Laws; our population is too small.
How will the Charter increase the number of citizens who volunteer for public office?
1. The Charter emphasizes civility and volunteerism as essential to the direct democracy of Harvard’s government. In clarifying the Executive function, accountability, transparency, and communication will increase. This will encourage volunteer participation and, we hope, job satisfaction.
Are there any provisions in the Charter for providing financial support for candidates unable to pay for their campaign themselves?
1. No.