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Board of Selectmen
Minutes
January 13, 2009
Leo F. Blair
Timothy A. Clark Peter E. WarrenLucy B.
Lucy B.Wallace Ronald V. Ricci
The meeting was called to order at 7:00 P.M. by Chair, Leo Blair in the Town Hall Meeting Room.
SELECTMEN REPORTS
Peter Warren gave the first Board liaison report. He met with Steve Beckman, Ambulance Squad Director, and explained that the Squad has bounced back to being a well-coordinated group with good morale. There have been no reports of unanswered calls in recent weeks. He went further to say that all accounts have been turned over and the billing situation is in the process of being squared away. Beckman has formed a subcommittee to develop the billing process which will meet with the billing company next week. Warren was pleased to announce that there are now five adults enrolled in the EMT cadet program. Warren met with Tree Commissioner, Christian Bilodeau who told Warren that they are trying to get the common cleaned up, but the weather has been uncooperative and the
Commission may need assistance from the DPW. They are a little behind on work, but aside from that, everything is going well. Warren also met with Bill Calderwood, Elm Commission Chair, who told him that there are no major issues, the ice damage caused several elm trees to be cut down, but will be replaced this spring. Their main priority, Calderwood said, is the elms on the Common; they will continue to treat them annually, which are in part, paid for by donations amounting to several thousand dollars per year. He also explained that the pay particular attention to the trees from Pond Road to the Public Safety Building and their goal is to plant four new trees every year. The Community Preservation Committee is concerned about the State matching funds which is somewhat reserved in their handouts, they have had about ten requests for projects this year but most of them have been rejected since the Committee was not involved in the land purchase of the requests and was ruled
ineligible to receive the funds. Warren told the Board that Dog Officer, Paul Willard, is slowly recovering from neck surgery, he gave a brief update on Willard who told Warren that everything is under control. DPW Superintendent, Rich Nota, complained to Warren that it has been a tough winter, they have been short of help and had to let their new hire go this past week; however, he has been pleased with Transfer Station worker, Jim Holmes, in his help with snow removal. Nota is pleased with the job his men are doing and is in the process of planning for the upcoming year.
Tim Clark will present his liaison report at the next Board meeting. He told the Board that last year’s Volunteer Fair organized by Marie Sobalvarro and himself was a great success. This year’s fair will take place on Saturday, February 7 in Volunteer’s Hall in the new Library; more information will be in the paper shortly. Clark asked those interested in attending to contact him, Marie or the Selectmen’s Office. Clark met with Rick Gilles, Ayer Selectman, and Marie Sobalvarro to review the preliminary expense data that was submitted by Rich Montouri of Mass Development, a follow-up meeting is scheduled for Wednesday, January 21. Clark presented the Board with a letter draft for the application for District Local Technical Assistance (DLTA) from the
Montachusett Regional Planning Commission (MRPC). Appendix A Clark explained the letter in detail and the Board had some discussion. On a Clark/Warren motion the Board unanimously voted to submit the request to MRPC for District Local Technical Assistance and offer signatories at the upcoming Joint Boards of Selectmen meeting to join in on the request. Next, Clark explained to the Board that the Town Center Sewer Action Group (TCSAG) submitted basic framework of some of their needs. Clark tried to formulate, in terms of technical assistance, to further their goals in developing a proposal for the town center sewer project, he took their ideas and developed it into a formal request. On Wallace/Blair motion, the Board voted unanimously to submit the Town Center Sewer Action Group’s request for technical assistance to the MRPC. Clark requested that Tim Bragan publish a calendar of deadlines to be met between now and Town Meeting. He inquired about adding the Cable
Committee to an upcoming meeting agenda for a presentation. Clark lastly brought up the term length for the residents-at-large appointed to the Capital Committee, after some discussion, Leo Blair said that he has the final copy of the outline of the Committee and will bring it to the next meeting. Blair also reminded the Board that they still need to appoint a Selectman to the Capital Committee. The Board discussed the recently approved policy whereby no member of the Board of Selectmen should serve on any other Board of Selectmen elected or appointed board or committee within the town as a voting member or as Chairman unless there is statutory requirement that a member of the Board of Selectmen be a voting member of the Board or Committee.
After some discussion, on a Ricci/Warren motion, the Board unanimously voted to waive the previously instated policy and appointed Leo Blair to the Capital Committee.
FRUITLANDS LIQUOR LICENSE DELIBERATION
Harvard Town Counsel, Mark Lanza told the Board that he made amendments to the conditions presented by Warren at the January 6 meeting. Please find the document with Lanza’s tracked changes as Appendix B. The Board discussed the document one bullet at a time. The first of which required no changes from either the Board or Fruitlands. Lanza suggested on the second bullet, that a reasonable time period by which the applicant may obtain site plan approval be added to the condition. After some deliberation, Lanza and the Board agreed to allow the licensee until April 15 (90 days) to obtain final site plan approval. Only the wording in the third bullet was amended. Fruitlands Counsel, Donna Truex, requested the condition be changed to, “at least
seven (7) days prior to all scheduled events….” The fourth bullet required minor change due to redundancy, amending it to, “whenever 100 or more people are present….” The fifth bullet caused more discussion. Truex explained to the Board that there would be live entertainment in the Tea Room, whether it is a string quartet or a harpist or something bigger. Lanza spoke with General Counsel from ABCC whose opinion of the law is that the tent, even when not erect, may be counted toward seating capacity, Lanza emphasized that this was not his opinion and he does not agree with it. He asked the Board if they wanted to restrict the type of entertainment permitted in the Tea Room. If, indeed they did, it should be placed within the conditions of the Entertainment License. Clark suggested that Fire Chief, Bob Mignard, do an inspection of the Tea Room every time seats are displaced in order to provide room for live entertainment. Mignard reiterated his
concern of overcrowding in the Tea Room and explained that moving tables and chairs around will create problems with egress in the event of a fire, especially when patrons have been consuming alcohol and their judgment is impaired. Blair recommended this bullet be stricken from the Liquor License conditions and placed within the Entertainment License. Bullet six had no changes made. Mignard spoke in regards to bullet seven. His initial letter to Fruitlands was written in anticipation that there would be no live entertainment in the Tea Room; it would be strictly a restaurant. However, if it is used for other purposes, depending on what those are, Mignard explained that it could require a sprinkler system. Truex explained that they have budgeted for a sprinkler system in the future, but Fruitlands cannot afford one at the present. Mignard suggested that a condition be placed on the license for him to be notified seven days prior to each scheduled event with 50 and 100 people or more
present. Clark suggested that bullet three be amended to say both the Fire Chief and the Police Chief must be notified seven days prior to each schedule event with 50 and 100 or more people present. Mignard explained to the Board that he is still deciding whether he will require the tent to be sprinkled. He said that he may require a fire watch for scheduled events with 50 or more guests. Blair requested that Mignard get back to the Board with a final decision as soon as possible since the license must be acted upon by the January 20 meeting, but amended his request adding that Mignard could make a ruling on the sprinkler system regulation whether it be before or after the license is granted. On the ninth bullet, Truex pointed out that at the last meeting, the Board agreed that the construction of the corridor must be finished 120 days from the issuance of the license. The Board agreed that Fruitlands must obtain an Occupancy Permit by May 15, 2009 (120 days). Wallace pointed out
in bullet ten that the Hours of Operation on New Year’s Day had omitted their afternoon hours. The section has been amended to include the hours of 11am – 10pm on New Year’s Day. The Board decided to continue discussion of the remaining conditions at the January 20 meeting.
FISCAL IMPACT ANALYSIS TEAM PRESENTATION
The member of the Fiscal Impact Analysis Team (FIAT) came before the Board to give their second interim report. Rick Maiore, FIAT Chair, explained that they are looking at the major components of expense of town services. Steve Rowse, Bruce Leicher and Bonnie Heudorfer each presented a portion of the report. Please find Appendix C, to read the report in detail. After their report, Blair opened the session to for public comment. Wallace first asked how towns that are opening commercial lands are helping their residents deal with it and how they grappled with it and succeeded. Elaine Lazarus, FIAT member, explained that all towns are different in how they deal with their residents, each community needs to decide what they are willing to accept; the town needs to
ensure that the residents are accommodated as well. Maiore said that the true question is: why do we have a commercial district? It is beneficial to the town because tax revenue from commercial businesses will increase greatly with little cost to the town. He explained that zoning changes are rarely passed at Town Meetings because of their ambiguity, and if specific changes are presented, they are more likely to succeed. Wallace suggested that a survey of residents be conducted to find out what their priorities truly are; Blair agreed adding that the town needs to identify what it is that people want when it comes to the commercial district, whether it is a grocery store, a pharmacy or gas station. Wallace raised the need to be willing to invest in two items, a community staff person as well as the infrastructure in the town center to support and enhance the activities that people want to see continued. She used the General Store as an example explaining that it wants to offer more
food services, and the Town would like it, but it cannot due to limited septic. Stu Sklar, 39 Scott Road, School Committee Chair, thanked the Board for pushing the formation of FIAT and commended the Team for their efforts in developing the report. Leicher explained to the Board that there must be a staffing balance in the school system, an equal number of senior, mid and entry level employees in order to be most cost efficient. James Saalfield, 15 Woodchuck Hill Road, asked why SPED is not financed by families with Special Ed children. Ron Ricci suggested a group be formed whose sole responsibility is to find out what the residents want in their commercial district. Rhonda Sprague, 160 Prospect Hill Road, explained that retirees cannot afford to stay in Harvard, and as a realtor in town, she sees the older residents moving out and families with young children taking their place. She also suggested that commercial options be explored and that a particular plan of what and
where needs to be in place before presenting it to the town. Rowse informed the Board that a third report will be presented as soon as late February or early March.
On a Clark/Warren motion, the Board unanimously voted to extend the meeting beyond their 10pm restriction.
TOWN ADMINISTRATOR REPORT
Tim Bragan had three items to bring before the Board. The first issue was a request from Town Clerk, Janet Vellante, for the Selectmen to move on a date for the caucus. She provided the Board with the choice of either March 7 or 14. On a Wallace/Warren motion, the Board voted unanimously to schedule the caucus for March 14, 2009.
The second item Bragan brought forth was concerning the recent hire by Nota from the DPW. Nota recently let go their newest fire, David Malatos, and recommended the Board appoint Lawrence Allard of Ashby, MA. On a Clark/Warren motion, the Board voted unanimously to appoint Lawrence Allard to fill the vacancy left in the department by the departure of David Malatos.
Lastly, Bragan presented the Board with a request from Debbie Noyes for the use of the Old Library for a youth group. Wallace explained that she would not vote in favor of this since there have been problems in the past with groups coming in and believes that the Public Building Rental Rules, Regulations and Fee Structure needs to be moved upon prior to accepting anymore requests. On a Ricci/Warren motion, the Board voted to allow Noyes to utilize the Hapgood Room for one night. (Warren-AYE, Clark-AYE, Blair-AYE, Ricci-AYE, Wallace-NAY)
MRPC PRE DISASTER MITIGATION PLAN
Fire Chief Bob Mignard discussed with the Board what the Mitigation Plan entails. He will supply the Board with a list of potential disasters in the near future, and explained that if accepted, it will give the town more opportunity to receive Federal Aid. After some discussion, on a Wallace/Ricci motion, the Board unanimously voted to allow the Chair to sign the agreement.
**On a Wallace motion, the Board voted unanimously by a roll call vote (Warren-AYE, Clark-AYE, Blair-AYE, Ricci-AYE, Wallace-AYE) to enter into executive session at 10:20 pm, as authorized by Chapter 39, Section 23B of the Massachusetts General Laws, at a meeting for which 48 hours notice has been given, for the purpose of discussing ongoing town issues. Following the executive session, the Board will reconvene into open session, for the sole purpose of adjourning.**
The Board reconvened into open session, for the sole purpose of adjourning, at 10:45 pm
The meeting was adjourned at 10:45 pm
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