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Meeting of 2008-01/08
BOARD OF SELECTMEN
TUESDAY, JANUARY 8, 2008

The regular meeting of the Board of Selectmen convened at 7:00 p.m. in the Conference Room at 110 Main Street. In attendance were Edward S. Harrison and Richard E. Guertin; Kathleen C. Norbut was not in attendance. Also present were the Town Administrator and the media.

The Pledge of Allegiance was recited.

Acceptance of Meeting Minutes:
Mr. Guertin made a motion to accept the meeting minutes of December 18, 2007 – open session. Mr. Harrison seconded and it was so VOTED.

Pole Petition #8335 – One J.O. Pole – Old Wales Road:
Mr. Guertin read pole petition #8335 into the record. There was no one in the audience to speak for or against the petition. The Water/Sewer and Highway Departments expressed no objection to the pole location.

Mr. Guertin made a motion to accept pole petition #8335 as presented. Mr. Harrison seconded and it was so VOTED.

Appoint Police Department Clerk:
Police Chief Stephen Kozloski and Amanda O’Connor approached the Board of Selectmen. Chief Kozloski explained briefly the history of the past few months which lead up to tonight’s appointment. The position was advertised with over forty applications being received. The applications were narrowed down using a three tier process. The applications were narrowed down to eighteen who were interviewed by the three Sergeants who narrowed it down to five candidates who were interviewed by Financial Director Deborah Mahar and Chief Kozloski who recommended the candidate being appointed tonight. Ms. O’Connor spoke briefly of her background stating she was born, raised and still resides in Palmer and is currently employed with a pharmacy in South Windsor, Connecticut as an administrative assistant.

Mr. Guertin made a motion to appoint Amanda O’Connor to the position of the Police Department Clerk effective immediately through June 30, 2008, with a start date to be determined by Ms. O’Connor and Chief Kozloski. Mr. Harrison seconded and it was so VOTED.

Hearing – Application of Beth and Deb’s Family Dining, Inc. for On-Premise All Alcoholic Common Victualler License:
Mr. Harrison opened the hearing at 7:10 p.m.

Stephen Wark, Deborah Wark and Robin Brown all co-owners of Beth and Deb’s Family Dining, Inc. approached the Board of Selectmen. The fourth co-owner, Beth Brown was working in the restaurant and couldn’t attend the meeting.
Mr. Wark spoke about the desire to open the luncheon/dinner restaurant located at 107 Main Street (across from the Town Administration Office Building). Ms. Wark is the manager. Mr. Wark explained after spending several weeks remodeling the interior, the restaurant opened about three weeks ago. They felt a bar would be a nice addition to the restaurant, which lead to the filing of the liquor application. Food will also be served in the bar. Ms. Wark stated both she and Beth Brown are T.I.P.S. certified and Mr. Wark noted he will be taking the T.I.P.’s course in the near future.

Mr. Guertin made a motion to approve the all alcohol license for Beth and Deb’s Family Dining located at 107 Main Street. Mr. Harrison seconded and it was so VOTED.

The hearing was closed at 7:15 p.m.

10th Planet LLC, d/b/a 10th Planet Pizza – License Violation Hearing – Sale of Alcohol to Person Under Age of Twenty-One in Violation of M.G.L. Chapter 138, Section 34:
Mr. Harrison opened the hearing at 7:15 p.m.

Sergeant Nicholas Gasperini, Lauren McIntyre manager of 10th Planet LLC d/b/a 10th Planet Pizza, her husband and co-owner Patrick McIntyre and employee Spencer Leonard approached the Board of Selectmen.

Sgt. Gasperini described the incident in which an under the age of 21 person was served a beer in the establishment on November 10, 2007, and also explained prior to the checks being conducted, Chief Kozloski had mailed letters to all the establishments warning them of the up-coming compliance check in cooperation with the Massachusetts Chapter of Mothers Against Drunk Driving (MADD).

Ms. McIntyre stated she was not there on the day this incident occurred as she works a full time position elsewhere, but is there 30 to 40 hours a week, mostly at night and during the weekends. The establishment is open seven days a week. Ms. McIntyre added she takes this incident very seriously as this is a family restaurant and said the staff was frustrated and disappointed this happened. It was noted the letter received from Chief Kozloski regarding the up-coming compliance check was hung behind the counter, so everyone was aware of it. Ms. McIntyre stated she has taken the T.I.P.’s course and is a certified instructor. The server working that night was new and had not taken the course. Her employment with 10th Planet Pizza was terminated that night following the incident. Ms. McIntyre said she would make sure all of her employees receive the training from her if they haven’t already received it, and noted the manager on that night did have the training but was busy in the kitchen. Mr. Leonard, who was the manager on that night said he will now be more active in the front where he will check the identifications of all the customers, regardless of how old they may look, as another cook has now been hired allowing him the opportunity to do this.

Mr. Harrison explained the Board of Selectmen take the serving of under aged minors very seriously as there have been accidents in the past which have resulted in death and recommended a one day suspension of their liquor license on a day of their choosing.
Mr. McIntyre said this was a very positive wake-up call as the right to serve alcohol comes with responsibilities and they can’t have these momentary lapses.

Mr. Guertin made a motion to suspend the liquor license for 10th Planet LLC d/b/a 10th Planet Pizza for one day of their choosing within a reasonable time limit. Mr. Harrison seconded and it was so VOTED.

The hearing was closed at 7:35 p.m.

Parks and Recreation Commission and Cemetery Commission – Discussion Regarding Grounds Maintenance:
The Superintendent for the Parks and Recreation Department Timothy Pascale, Parks and Recreation Commissioner Stephen Slozak, Cemetery Superintendent Paul Lovell and Cemetery Commissioners Albert Wilcox and Shawn Connery approached the Board of Selectmen.

Mr. Guertin explained this meeting tonight, with the two departments, goes back to a decision which was made in approximately July, to see if the Parks and Recreation Department and the Cemetery Department could come up with a plan which would allow the two departments to try to work together instead of individually. By doing this, the Board of Selectmen had hoped the departments could assist one another, working in a more efficient manner by combining manpower, on a daily or weekly basis and by sharing equipment rather than having to duplicate equipment.

Mr. Pascale said he had provided booklets to the Board of Selectmen prior to tonight’s meeting describing the work performed, and indicating all of the areas maintained by his department.  Mr. Pascale said his department has taken on the task of maintaining property for the Water/Sewer Department at the sites of the towns’ wells and water storage tanks, and the Fire Department has asked Mr. Pascale if his department could mow and trim the area behind and on the side of the Fire Station. It was noted the Parks and Recreation Department do bill the Water Department $200.00 each time they mow for them for a total of approximately $2,000.00 per year, breaking even with the cost of hiring the 30 hour per week employee and the wear and tear on the equipment.

Mr. Lovell stated the mowing season for the Cemetery Department runs from April to November, noting weed-whackers are used to hand trim around all of the above ground monuments. They also have many shrubs which require trimming. Mr. Lovell explained storms with downed branches puts them behind schedule as they have to pick up any sticks and limbs that fall, along with funerals coming in and the preparation work also putting them behind in their mowing and trimming. In the winter they have to deal with all the snowstorms prior to and during burials.



Mr. Connery said it would be helpful to the Cemetery Department if they could borrow a town dump truck, so instead of having three loads of clippings to get rid of they would only have one, saving time. Mr. Lovell noted he has borrowed equipment from the Highway Department such as the wood chipper, and has also borrowed the bucket truck from the Fire Department for the trimming of trees. Mr. Guertin said these are some of the types of situations of cooperation between departments the Board of Selectmen are looking for.

Mr. Guertin said he is still looking for ways for the two departments to become more efficient, together, in what they do. Mr. Lovell stated the mower size differs between the two departments as he uses smaller mowers compared to the larger mowers used by the Parks and Recreation Department.

Mr. Guertin asked both departments to identify and list all of the areas they maintain, how often they maintain it and the amount of time it takes, and to present the list to the Board of Selectmen by the end of January.

Determine Right-of-First-Refusal – Brazas/Falcone Land Transfer:
It was noted correspondence has been received from the Conservation Commission and the Planning Board regarding 0.762 acres (33,197 square feet) of Chapter 61A land owned by Robert N. and Mary Ann Brazas situated on East Hill Road and Munn Road that is to be conveyed to Greg J. and Caron M. Falcone.

Mr. Guertin made a motion to not exercise the right of first refusal on this property. Mr. Harrison seconded and it was so VOTED.

Authorize Deficit Spending – Snow and Ice Account:
Ms. Neggers said the Finance Committee, at their meeting held last night (January 7, 2008), voted to approve an additional $50,000.00 in Snow and Ice deficit spending. It was noted $125,000.00 had been appropriated in the budget, but salt is very expensive this year.

Mr. Guertin made a motion to approve the additional $50,000.00 approved by the Finance Committee. Mr. Harrison seconded and it was so VOTED.

Correspondence was read and completed.

In Other Business to Come Before the Board of Selectmen:
Mr. Harrison said an e-mail had been received from a Town municipal employee regarding no hot water in the restrooms. It was noted this is still being investigated to see what can be done.



At 8:15 p.m., Mr. Guertin made a motion to adjourn from open session to go into executive session for the purpose of discussing collective bargaining, not to return to open session. Mr. Harrison seconded and it was so VOTED.

____________________________
Richard E. Guertin, Clerk