Board of Selectmen
Minutes
April 7, 2009
Town Hall Meeting Room
The meeting was called to order at 7:00 P.M. by Chair, Leo Blair in the Town Hall Meeting Room. Leo Blair, Timothy Clark, Peter Warren, Ronald Ricci and Lucy Wallace were all in attendance.
MINUTES – On a Wallace/Clark motion, the Board voted unanimously to approve the minutes of 3/31, as amended.
UPDATE ON 9C CUTS FOR LIBRARY – Finance Director Lorraine Leonard was in attendance and supplied the Board with an updated report regarding the 9C cuts. Leonard explained the major update was with the Library. Leonard stated her initial calculations were based on payroll weeks that did not include full pay due to snow days and the ice storm. Leonard explained that by using one week pay with no days off indicates a savings of $21,500 through the end of the year. She also explained there is actually a slight surplus in their payroll funds due to unpaid payroll. Leonard also reviewed savings in the cleaning line item and expenses/materials. Leonard did not make any indication regarding the energy line stating Pete Jackson supplied this number and she could not confirm how it was established. Leonard assured the Board that the
Library would access funds in their Trust account if required to meet their 9C target number. Lucy Wallace asked about the status regarding the reduction of the Administrative Assistant for the Board of Health. Leo Blair confirmed the Administrative Assistant position is funded for FY10. Ron Ricci said he would follow up with the BOH. Wallace said it did not seem equitable for all departments to make cuts and the BOH did not.
DISCUSS APPOINTING A COMMITTEE TO UPDATE THE PLANNED PRODUCTION PLAN – Leo Blair explained the Town is required by the Department of Housing and Community Development (DHCD) to update our affordable housing plan. Blair said the due date is January 2010 and suggested forming a committee to handle it. Lucy Wallace explained an important part of the plan is developing a needs assessment and said Bonnie Heudorfer has done this in the past. Wallace stated the Housing Partnership or Housing Authority may be two entities that could be asked to take on this project or an entity separate from the Town such as the Municipal Affordable Housing Trust. Wallace stressed the importance of involving residents who are familiar with housing issues and state laws. Residents in Town that Leo Blair suggested were: Bonnie Heudorfer, Barbara Brady,
Chris Tracey, David Hopper and Elaine Lazarus. Peter Warren suggested Bruce Nickerson. Tim Clark said a possibility could be to consolidate the housing committees the Town already has. In conclusion, the Board agreed to form a committee of five individuals to prepare a draft planned production plan. Interested residents should contact the Selectmen’s office by May 1st.
On a Wallace/Clark motion, the Board voted unanimously to solicit a committee to update the planned production plan with applications due May 1st.
DISCUSS NAMING OLD LIBRARY MEMORIAL BUILDING – Lucy Wallace suggested leaving building unnamed until final use is determined. No action was taken.
Board of Selectmen – Minutes
April 7, 2009 page 2
TOWN EMPLOYEE APPOINTMENTS – Leo Blair requested extending appointments until June 30th. The Board did not take action and asked for the list to be resubmitted once reviewed by Police Chief Ed Denmark. The Board will revisit at their April 21st meeting. Tim Bragan said he would provide all Board members with copies of the union contracts for their review.
ASSIGNMENT OF WARRANT ARTICLES –
Article 1 – Lucy Article 6 – Leo Article 7 – Leo
Article 15 – Ron Article 16 – Peter Article 17 – Peter
Article 18 – Peter Article 19 – Lucy Article 20 – Lucy
Article 21 – Ron Article 22 – Tim Article 23 – Leo (Ron)
Article 24 – Tim Article 25 – Tim Article 26 – Tim
Article 41 – Lucy Article 42 – Ron Article 43 – Lucy
Article 44 – Lucy
VIRTUAL TOWN HALL WEBSITE CONTRACT – Leo Blair said in speaking with President Millard Rose he agreed if the website article passes at Town Meeting they would begin the work with an understanding that payment would not be made until after July 1, 2009. Blair confirmed the article for $12,000 includes the video streaming capability.
Lucy Wallace asked if there are other articles the BOS may want to support which are not submitted by the BOS. Tim Clark said the BOS should be ready to address article 4, Omnibus budget, due to the major reductions made this year. Clark stated the BOS may need to address questions relating to changes in services and if they are permanent. Examples Clark gave were the Library closure on Fridays and reduction in overtime hours (details) for the Police Department. Wallace said residents may wonder if cuts in FY09 budget were deeper than necessary could any cuts be reinstated. Bragan confirmed all Town side cuts will be carried forward with no presumption to reinstate for 2010. Leo Blair stated the 9C cuts were the fiscally responsible thing to do and that the Town is in good shape moving forward. Blair’s only concern is with the
sustainability in not filling the open position at the DPW.
PUBLIC COMMUNICATION –
Deborah Skauen-Hinchliffe – 221 Still River Road – expressed concern regarding Tim Clark’s wife as the attorney representing the Horowitz’s (General Store) and asked Tim Clark if he made any disclosure regarding this. Clark stated he does not see a conflict.
SELECTMEN REPORTS –
Peter Warren first told the Board that Linn Swain passed away. The wake will be held on Wednesday, April 8th 3:00pm – 8:00pm at Badger Funeral Home and the funeral will be on Thursday, April 9th 11:00am at St. Andrew’s in Ayer.
Peter Warren said after speaking with the Building Inspector Gabe Vellante regarding Evergreen Solar, he and Ron Ricci propose sending a letter from the Harvard BOS to the Devens Enterprise Commission (DEC). On a Warren/Clark motion, the Board voted unanimously to sign the letter and send it to Peter Lowitt to support Harvard residents.
Board of Selectmen – Minutes
April 7, 2009 page 3
Tim Clark said he has electronically the Noise Assessment Study that was done as part of Evergreen Solar’s original permit and letters submitted to DEC that addressed concerns from the Harvard BOS.
Peter Warren also stated a public notice will go in the papers relative to roadside debris clean up and posted on the website. Warren clarified the roadside clean up would include private roads as well as public.
Ron Ricci told the Board he has received calls regarding the rental fee schedule for the municipal buildings. Ricci suggested the BOS revisit the fee schedule. Tim Clark stated all large buildings in Town rent their space. Examples Clark gave were the churches and schools. Lucy Wallace clarified that the churches accept donations but there is not a specific fee assessed. There was some discussion regarding non-profit entities and who should or should not be assessed a fee.
On a Ricci/Warren motion, the Board voted to suspend fees for public buildings until such time the BOS revisits fee schedule and new schedule is established.
(Clark – Nay, Wallace - Aye, Ricci – Aye, Blair – Aye, Warren – Aye)
Ron Ricci stated that Phil Knoettner from the Harvard Conservation Trails Committee contacted him regarding removal of downed trees on trails in Town. Ricci explained Mr. Knoettner wanted to have crews of volunteers start to remove the debris. Ricci spoke with Tim Bragan and it was recognized there should be a liability waiver to protect the Town.
DISCUSS CREATION OF THE HARVARD TECHNOLOGY ADVISORY COMMITTEE – Leo Blair said based on the advances in technology and the possibility of smart boards and a new website a technology committee would be a excellent idea. The Board agreed and Lucy Wallace suggested possibly extending the Harvard Energy Advisory Committee’s charter. Peter Warren recommended having the IT Director Mark Lavertue on the committee. Tim Clark stated an inventory assessment would be a good place to start and he offered to assist in assembling a working group to have a roundtable brainstorm discussion on the proposal.
Board of Selectmen – Minutes
April 7, 2009 page 4
PUBLIC HEARING
SHAKER HILLS GOLF CLUB
LIQUOR LICENSE
8:00PM
ATTENDEES
Selectmen: Leo Blair, Timothy Clark, Peter Warren, Lucy Wallace, Ronald Ricci
Town Administrator Tim Bragan, Executive Assistant Julie Doucet
Town Counsel Mark Lanza
Applicants: Agent for the applicant, Joseph Levine and Manager, Mike Herrick
Public: Martha Green, Mary Ellen Jones, Mike Day, Don Crossman, Joseph Hutchinson, Faith Cross, Keith Cheveralls, Deborah Skauen-Hinchliffe
Leo Blair opened the hearing by thanking the applicant for approving the continuance of the hearing from March 31, 2009 to April 7, 2009.
Joseph Levine provided a map showing the aerial view of the whole site including the placement of a 30 x 40 tent. Levine explained the tent is provided in an effort to comply with Harvard’s regulations for 100 seats. Levine confirmed the Clubhouse which in located in Ayer does seat well over that number. Levine clarified that the application is for a license to serve on the golf course.
Board of Selectmen Questions –
Peter Warren asked for clarity on the legislation that was passed allowing golf courses to serve alcohol on their courses. Town Administrator Tim Bragan explained that in August of 2008 legislation was passed allowing for beverage carts to go out on golf courses to serve alcohol. Levine explained that there were courses selling alcohol under Chapter 300 Acts of 2008 but technically should not have. The legislation now allows serving alcohol beyond tent or building. Bragan explained the Liquor license that exists now for the clubhouse can not be extended into Harvard. Town Counsel Mark Lanza explained that if Harvard was still a dry town this request would not be allowable but because the legislation allows liquor license for on premise with at least 100 seat function facility the service can take place outside of the facility. Levine said a
use would be created for the 1200sq. ft. tent. Tim Clark asked for clarity on the premises. Bragan said under the state law adopted the license premise is the golf course with the tent being where the alcohol originates. Leo Blair asked if there may be any zoning issues. Mark Lanza agreed that may be something to consider being located in an A/R district. Levine stated the golf course is grandfathered by a special permit so there should be no issue. Levine stressed that there will be no change in use, or operation, and this will not allow for more customers. He stated the maximum amount of customers on the golf course at any given time can not exceed 150. Leo Blair asks if this is allowed in an A/R district what is to stop other residents in town from doing the same thing. It was explained the zoning would prohibit any residents from doing this. Levine said Shaker Hills is a golf course who is simply looking to offer something more to their customers.
Board of Selectmen – Minutes
April 7, 2009 page 5
Lucy Wallace asked if there could be functions held in the tent. Levine said that is not the purpose and would have no problem making a condition regarding this. Levine confirmed the tent would be up seasonally. Ron Ricci asked why the license request states all alcohol. Levine said to allow the option but stated Shaker Hills is a golf course not a bar. Discussion came up regarding the delivery point of the alcohol because Mark Lanza confirmed it must be delivered to the premise. Levine told the Board there is a hang up on the delivery point but is confident it can be figured out.
Peter Warren asked about the section that was checked yes stating that a person or entity that will have any direct or indirect beneficial or financial interest in this license has been convicted of violating any state, federal or military law. Levine said to answer the question truthfully yes was checked and the ABCC will investigate.
IN FAVOR – PUBLIC-
Keith Cheveralls, 21 Quarry Lane, said in his opinion the best use of 163 pristine acres is to keep it operating as a golf course. Cheveralls applauded the Board for their thoroughness and urges them to consider this favorably in an effort to help this become a vibrant golf course in the future.
OPPOSED or GENERAL QUESTIONS –
Deborah Skauen-Hinchliffe, 221 Still River Road, asked if there is any restriction for money changing hands or mechanics for paying on the course. Levine said payment will be made in cash with purchase.
Her second question: If there are parties in the tent will there be noise restrictions? Levine said where the tent is located is along the cart path which has always been a busy part of the golf course. Levine said there will be no alcohol served after dark even with the tent and any conditions presented by the Board are welcomed.
Don Crossman, 154 Shaker Road, expressed his concern relating to a drunk driving incident in the past that affected his family directly. Mr. Crossman said he does not understand the concept of drinking while playing golf and is concerned with living near by. He stated it is better to have no drinks than one. Mr. Crossman requests if the license is granted that the police are proactive and provide more enforcement. He also suggested improvement made in the area between the driveway and golf course. He explained improvements need to be made and suggested a foot path be established from the property line to the lawn of the course. Mr. Crossman stated the area is dangerous and the concern is for traffic, speed, and impairment of drivers. Leo Blair suggested he contact the DPW Director with issues relating to the road. Lucy Wallace said she
remembered that when the golf course was permitted there was a restriction that you could only enter and leave the golf course from the Ayer side to decrease traffic through Shaker Village. Wallace explained taking a left there is very narrow and could damage a vehicle. Levine stated the golf course has had no incidents related to people leaving the golf course and all employees serving are TIPS certified. Based on the prices charged to golfers Levine said they service a certain clientele. Levine told the Board Shake Hills would be happy to work with Mr. Crossman regarding his concerns.
Board of Selectmen – Minutes
April 7, 2009 page 6
Faith Cross, 102 Shaker Road, had four questions: Should we think about limiting liquor served? How many carts will be selling alcohol? What time should selling end? How many drinks does a golfer consume in 18 holes? Is the tent site in a wetland?
Levine answered her questions saying beer will be the primary alcohol sold, 1 cart would be selling maybe 2 but unlikely, average consumption too hard to answer and the tent is not in a wetland.
Leo Blair closed public comment at this time.
In conclusion, Leo Blair stated the questions for Town Counsel to follow up on; One being zoning and the other clarity on definition of premise relating to this application. Mark Lanza asked for clearness on what the application is for; a restaurant or a social function facility. Levine confirmed it would be for a social function facility. Leo Blair asked for the applicant to return with a revised application.
Joseph Levine agreed to continue the hearing until May 12th with a request to address all issues prior to the hearing.
On a Ricci/Warren motion, the Board voted unanimously to continue the hearing to May 12th at 8:30pm.
The meeting was adjourned at 9:35pm.
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