Board of Selectmen
Minutes
January 6, 2009
Timothy A. Clark Peter E. Warren
Lucy B. Wallace Leo F. Blair Ronald V. Ricci
The meeting was called to order at 7:00 P.M. by Chair, Leo Blair in the Town Hall Meeting Room.
MINUTES
On a Wallace/Warren motion, the Board unanimously voted to accept the 12/2 minutes as presented. On a Warren/Ricci motion, the Board unanimously voted to accept the 12/9 minutes as presented.
SELECTMEN REPORTS
Peter Warren began his report by thanking Harvard’s Emergency Management team who aided the town in its recovery from the ice storm that took place on December 11, 2008. He also commended the efforts of town residents who reached out to help their neighbors and who took it upon themselves to clear the roads of trees and debris. Warren suggested that Chair, Leo Blair, write letters of thanks to Bob Mignard, Fire Chief, Ed Denmark, Police Chief and Rich Nota, DPW Superintendent for their efforts in the days after the storm. He explained that since all public meetings were cancelled due to the ice storm, the Getty Committee did not have a chance to meet, but will again next week. Warren explained that he met with the Ambulance director to discuss the billing issue. He informed the
Board that all funds have been turned over; the current director has the information for all said accounts. Warren explained that Andrew Perry, Sean Doocey and Rob Williams have been appointed to a subcommittee that will develop the protocols and procedures on the billing process.
Ron Ricci told the Board that next Monday, Mass Development will hold a pre-submittal Vicksburg Square RFP meeting. He went on to explain that each town that takes part must have an appointed representative to aid in the selection of a developer. On A Warren/Wallace motion, the Board unanimously voted to appoint Ron Ricci as Harvard’s representative in the Vicksburg Square development proposal. Ricci informed the Board that all of the documents pertaining to Devens are located on the town’s website. Lastly, he addressed the residents’ concern about an early beginning to burning season. He explained that the Board does not have the ability to grant such permission but only the State DEP has this jurisdiction.
Lucy Wallace thanked Paul Correnty (Chef Paul), the ambulance squad and Tim Bragan for their generous efforts in the aftermath of the ice storm. She also mentioned Scott Hayward’s resignation from the Municipal Affordable Housing Trust (MAHT) and publicized the opening in the committee. Wallace also told the Board that the Master Plan Implementation Committee (MPIC) will join the MAHT at their next meeting to address affordable housing in Harvard. The MAHT meeting will take place on Monday at 7:00pm; the MPIC will join the meeting at 7:45.
Tim Clark requested that the liaisons to each board give a report at each meeting and asked Blair what progress has been made in making this policy reality. Blair explained that the Board will be discussing said plan at the next Board meeting. Clark asked if the Town Center Sewer Action Group (TCSAG) was still scheduled to meet with the Board at the January 20, 2009 meeting; Blair confirmed this schedule.
TOWN ADMINISTRATOR REPORT
Tim Bragan explained to the Board that FY2009 budget cuts from the State will take place, and will include local aid. His current estimate is that the cuts could be between $200,000 - $400,000 in the remaining fiscal year.
Next, he explained that he received a request from the Lt. Governor for ideas regarding the economic stimulus package from the Federal Government. He explained that he will submit the Town Center Sewer Action Group, Ayer Road construction and utilities, water distribution system upgrades and department-wide GIS. Bragan explained that this does not guarantee funding.
He then explained that the Transfer Station had a problem on Saturday due to the dumpsters being filled beyond capacity which caused a large traffic backup and many problems. Rich Nota, DPW Superintendent, explained to Bragan that they are still playing catch-up with the ice storm and are working to get the situation under control. Nota explained that people are bringing waste leftover from the storm to the Station which has been causing the overload. Blair requested that Bragan get in touch with Nota about opening the Transfer Station for an extra day, next Thursday, 1/15.
Bragan next brought up two requests received for use of the former Library; he explained that he would bring these up again after the Fruitlands public hearing.
He informed the Board that he is still working with Ayer on partnering with the DPW. He went on to say that nothing noteworthy has taken place, but Nota had a meeting with them tonight.
Lastly, he brought up the Tax Work-Off Program for the next fiscal year; he explained that the Board must vote to approve the program. On a Warren/Wallace motion, the Board unanimously voted to accept the Senior Tax Work-Off Program subject to the current state maintained cap.
FRUITLANDS ENTERTAINMENT LICENSE PUBLIC HEARING
Tim Firment, CFO of Fruitlands, came before the Board for the second night of their Entertainment License Public Hearing. Firment informed the Board that he wanted to answer the key questions, which he explained are, “what time is it going to be, what is it going to be and how loud is it going to be?” He first went into the hours of operation which have not changed since the last meeting; the requested hours for the Entertainment License are as follows:
Monday – Thursday 0800 – 2200
Friday – Sunday 0800 – 2300
New Year’s Eve 0800 – 0000
New Year’s Day 0000 – 0100
1100 – 2300
Next, Firment addressed noise level, which he understands is the neighbors’ biggest concern. He directed the Board to the Fruitlands Noise Commitment Letter. Appendix A* Firment explained that the guidelines laid out in the letter will help hold the integrity of Fruitlands afloat. He pointed out two key portions, which read as follows:
No noise, music or announcements caused by Fruitlands Museum or its guests will be allowed to become a source of discomfort for any of our neighbors. Fruitlands Museum will promptly respond to all formal complaints brought to its attention and take swift action and corrective action to address the source of such complaint.
Firment explained that it is Fruitlands responsibility to work with the police and town officials in order to be a responsible and good neighbor. Next, Firment directed the Board to the document that lays out what entertainment at Fruitlands entails. Please see Appendix B* for a list of all Fruitlands entertainment and hours in which they will take place. He explained that there will be no outdoor entertainment after 9pm and reiterated that the goal of Fruitlands is to make it more of a community gathering place. Blair then opened the hearing for public comment.
Deborah Skauen-Hinchliffe, 221 Still River Road, was first to come to the microphone. She contested Firment’s claim that there have been no noise complaints; she told the Board that over the summer she called police on a Saturday and Sunday to complain about noise at Fruitlands, which did not end until 11:45pm. She questioned who, from Fruitlands’ board, is present at the evening events. Firment pleaded ignorance, explaining to Skauen-Hinchliffe that he was never notified of the complaints, but the phone numbers of the Board is available online. Skauen-Hinchliffe asked Firment who of the Fruitlands Board members is responsible at each event; Firment told her that there are no Fruitlands Board members or employees at the evening events but their catering company takes command. He
went on further to say that a police detail is on premise at every event with over 100 guests. Wallace suggested that dispatch have a Fruitlands contact phone number, so no complaints can go unnoticed. Warren commented that an on-site manager is required at all times, and that person should be reachable; all complaints should be directed to him so they made be addressed in real time, not after the event has taken place.
Don Green, 90 Oak Hill Road, asked if there would be a discussion on alcohol consumption at outdoor events. Blair said that there would be a discussion on alcohol later on in the evening.
Rhonda Sprague, 160 Prospect Hill Road, commended Fruitlands for working with the Board and its neighbors to try and make their endeavour a place for all to enjoy. She expressed her concern for Fruitlands’ events, explaining that she feels she is attending each event due to the close proximity and noise levels of each event. She is hopeful that Fruitlands will work with the neighbors to address all their concerns, but is frustrated with the frequency and the noise level of the events and the fact that the Fruitlands Board members get to go home to their quiet neighborhoods at the end of the day, when she has to live with it.
Blair then closed the public communication portion of the hearing so the Board could ask questions. Wallace asked about event scheduling and after clarification from Firment, she said that the document looked reasonable. Ricci asked Firment about the new Noise Commitment Letter. The new version explains that if they receive two complaints about noise, then the source will be stopped, however, he expressed a concern that the new version has no quantifiable number in which noise can be defined as a discomfort. What may be a discomfort to a neighbor may seem unreasonable to Fruitlands. Ricci asked Firment why the 85 decibels was taken off as a unit of measure since other communities have a set amount of noise that is acceptable. Ricci commented that neighbors who do not favor Fruitlands may call
police and complain, even if the noise is not that loud. Firment explained that measuring noise at the source is difficult with National Guard practice at Devens and other background noise. He told the Board that in each contract will contain a statement explaining the noise level commitment and if the police are called twice, their event will be terminated.
Blair asked Firment what they defined as a formal complaint, which Firment defined as a town official knocking on their door, telling them to keep it down. He went further to say that if a police officer comes to tell the party to keep the noise level down and returns again, the event will be shut down immediately. Wallace expressed a concern for grey area and a bias in what defines a “reasonable” noise level. Firment said that their neighbors will hear some noise, but it comes down to what is unreasonable. Blair asked Firment to confirm the fact that Fruitlands wishes to keep their business running as it always has, but with licensure. Firment said no, Fruitlands is, indeed changing. Blair asked if abutters would hear more noise in the future than they do now, Firment skirted the
question, explaining that Fruitlands will now have more of an ability to shut down events that are too loud. In Blair’s last attempt to have Firment answer the question, Blair explained that currently, there has not been an outcry in excessive noise, but he under the impression that Fruitlands is trying to cut back noise even more. Firment confirmed. Ricci told Firment that the Board is now trying to put conditions and restrictions on their license, so Fruitlands may operate in the way they always have. Firment told Ricci that Fruitlands will be back before the Board every year to renew their license. Clark explained that he is looking for commitments from Fruitlands to their noise levels, meaning that the on-site manager should be contactable at all times. He went further to say that the Museum cannot have 30 days to respond to a complaint long-after the offending party is gone. He is satisfied with what has been presented to the Board, but hopes Fruitlands is responsible
with their license.
Rhonda Sprague, 160 Prospect Hill Road, asked if Fruitlands could put a number of events per year or how many days per week they will take place. Firment told her that weddings will remain about the same, but other events are likely to increase because they want to become more community-based.
Whit Sprague, 160 Prospect Hill Road, explained that he understands that Fruitlands is a business and they will want to have as many events as possible, his main concern is how big it will get. Firment responded to Sprague by explaining that the annual renewal of the license will keep them in check.
Victor Normand, 214 Stow Road, said that he will be joining the Fruitlands Board later this month and clarified that what really matters is that the character of the institution.
Ricci asked Firment to present the Board with a past operation summary in writing so when the Board members of Fruitlands and the Selectmen change, everyone will be on the same page. Blair asked Firment if they would be willing to specify a certain number of events per year and have a limit to that number; Firment said that would not work for Fruitlands.
On a Wallace/Warren motion, the Board unanimously voted to close the entertainment license public hearing.
LIQUOR LICENSE DELIBERATION
Warren presented the Board with a draft of conditions for the liquor and entertainment licenses. Please see Appendix C.* The Board extensively discussed the draft and made numerous changes. Warren explained that Ricci helped him draft the conditions and that they referred to the list of conditions placed on Dunkin Donuts’ Common Victualler license. Clark asked why a site plan was linked to licensure, Town Counsel, Mark Lanza, explained that this was a condition he recommended to the Board; if the museum cannot obtain site plan approval from the Planning Board, they cannot function as a museum or a restaurant. Warren read the second condition stating that, “at least seven (7) days prior to all events which alcoholic
beverages are sold or served, the licensee shall give the Chief of Police written notice of the date, time, type of event and the estimated number of people that will be present.” Firment objected, explaining that reporting all of their events may become burdensome, Fruitlands counsel, Donna Truex suggested the condition be amended to events with 50 or more guests and not the general use of the facility. The next condition that Fruitlands did not accept handedly was the Tea Room restriction. The condition states that, “Tea Room use is restricted to a restaurant. No entertainment is permitted if alcoholic beverages are served.” Firment told the Board that the Tea Room is included in the rental contract and is used for entertainment. Truex explained that entertainment includes background music, so ruling out entertainment entirely is unreasonable. Warren asked that the provided seating plans show where live entertainment will be set-up. He said that if there is a
designated location for entertainment, the room would not have the ability to hold 100 seats. Lanza explained that in order for the Board to grant a license, the Tea Room must hold 100 seats at all times. There was confusion amongst the Board and between Counsel Lanza as to whether the law that had been passed by the town required 100 seats to be available at all times. Blair requested Lanza to contact general counsel to get a final answer on the issue. The next condition discussed reads, “a sprinkler system is to be installed in the Tea Room and Function Room prior to liquor being served. NOTE: the sprinkler requirement may be appealed to the State Sprinkler Board.” Although the sprinkler system is not required by law, Bob Mignard, Fire Chief, highly recommended it. Firment explained that he strongly opposed a sprinkler system as it is not required by law. Blair expressed his concern for a potential fire, and that in the unfortunate event, it would be difficult for
people to safely exit. The Board decided that it would be a recommendation for licensure not a condition. Warren explained that since the tent will be up for 180 days, it is considered, by law, a structure and therefore, must have a sprinkler system. Next, they discussed the requirement from Building Inspector, Gabriel Vellante, which will require Fruitlands to construct a restroom corridor which must have a permit and be completed and inspected by the Inspector before any sales of alcohol. Firment requested that the condition say that the corridor is in process because they have a function this coming weekend. The Board decided that it would be ok to change the condition, but must be amended to say that construction must be completed within 120 days. The Board briefly discussed the hours of operation which are restricted to what was presented to the Board. Fruitlands confirmed that they will not set up an outside serving station for liquor. Fruitlands requested that
the tent operating season be extended to February 1 though November 30. The Board explained to Firment that the length of the season makes the tent a permanent structure, Firment insisted that Vellante told him otherwise. Warren requested that a copy of the license from the Board of Health be presented, Fruitlands agreed. Fruitlands also agreed to submit a signed and stamped floor plan and site plan with the entertainment and serving areas. They agreed to have the Plumbing Inspector submit a permit or letter acknowledging that the bathroom facilities meet code for the seating population. Fruitlands agreed to have any modifications to the food serving area re-inspected by the Board of Health and have permits of all kind submitted to the Selectmen’s office prior to serving alcohol. They also agreed to have an on-site manager who will be responsible for compliance with the operational aspects of the conditions. The Board decided that someone needs to be designated as an
Enforcement Officer to ensure Fruitlands complies with conditions, Blair recommended the Police Chief be appointed this figure, Lanza explained that this should not be on the condition of licensure list and the Board needs to formally appoint this figure. Fruitlands agreed with the remaining list of conditions and a formal draft with all conditions pertaining to the liquor license will be made up by the next meeting.
Blair wrapped up the liquor license deliberation. He requested that at the next meeting, the Board have a final draft of the conditions so they may discuss and make a decision on the Liquor License portion and will continue the Entertainment License deliberations to that meeting as well. The decision on the Entertainment License will take place at the January 20, 2009 meeting. Blair then closed the public hearing portion of the meeting.
PUBLIC COMMUNICATION
Wade Holtzman, 104 Bolton Road, from the Town Center Sewer Action Group (TCSAG) came forth. He explained that he and Chris Ashley drafted an application letter for the District Local Technical Assistance (DLTA) Program, which must be in by January 20 and must be signed and from the Board. If the grant is approved, it will supply free services. Holtzman explained that the next TCSAG’s meeting will take place on Thursday at 8am; Blair requested that Clark work with the TCSAG to come up with a letter to submit. Please see Appendix D for the draft.*
STORM DAMAGE UPDATE
Bragan wanted to thank all the department heads, the Board members, the Fire Chief, Bob Mignard, Police Chief, Ed Denmark, EMS, the school facilities team, Tom Jefferson, School Superintendent, Chef Paul, volunteers, the Town Hall staff and countless individuals and companies that helped out in the aftermath of the ice storm. He gave a special thanks to Pat Natoli and the Town of Maynard for providing Harvard with 50 cots; he explained that without them, residents staying in the shelter would have had to sleep on blankets. He explained that the biggest obstacle during the emergency was the difficulty of communication. He informed the Board that the process for establishing reverse 911 for Harvard is in the works and also explained that he is looking into a wireless link to the internet
for a laptop at the Town Hall so if a situation of this magnitude occurs again, the Town Hall can still be connected to the internet. Blair suggested that a consultation with a town that already utilizes reverse 911 should be a condition before proceeding. He also suggested that the Board look into making ConnectEd a town-wide system, and finding a way to get an emergency contact number for all town residents. Blair informed the Board that he has been communicating with Verizon and is hoping to bring FiOs to Harvard. Blair asked Ricci to work with Bragan on finding a solution to the emergency communication situation and have it be ready in the next few weeks. Clark expressed his concern in that the Board did not work well together during the emergency and urged better communication amongst the members. Bragan explained that brush clean-up ideas are in progress, but no final decisions have been made. Lastly, he informed the Board that he is attending a FEMA workshop next week and
thinks they will pay for 75 percent of the costs accrued from the storm.
EMPLOYEE RECOGNITION
Blair announced the 2008 Employee Recognition Awards. They are as follows:
Five Year Service Award
- Ronald Gilbert
- Edward Denmark
- Jim Babu
- Kimberly Murphy
- Daniele Fortunato
Ten Year Service Award
- Angela Marrama
- Stephanie Gintner
- Judith Veno
- Susan Naylor
Twenty Year Service Award
- James Burrington
- John Coates
CAPTIAL COMMITTEE APPOINTMENTS
The Board received volunteer applications from Cindy Russo, Debbie Ricci and Stephen Mirarchi. Russo and Ricci were present in order to be interviewed by the Board. Both gave a brief summary of their backgrounds and past experiences in volunteering on town committees. The Board came to an agreement that since Mirarchi submitted his application past the due date, he would not be considered for the Committee. After much deliberation and disagreement, the Board unanimously voted to appoint Cindy Russo and Debbie Ricci to the Capital Committee.
SCOTT HAYWARD & ALISON GLASS RESIGNATIONS
On a Wallace/Clark motion, the Board unanimously voted to accept the resignation of Scott Hayward from the Municipal Affordable Housing Trust and Alison Glass-Lierhaus from the Ambulance Squad.
APPOINTMENT PROCEDURE
On a Wallace/Ricci motion, the Board unanimously voted to accept the appointment procedure as presented to the Board by Clark at the 12/2 meeting.
MUNICIPAL AFFORDABLE HOUSING TRUST
Wallace announced an opening for the Municipal Affordable Housing Trust Fund and explained that applications must be received no later than January 20 to be considered for the position, the appointment will be made at the February 3 Selectmen’s meeting.
The meeting was adjourned at 10:35pm
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