===OCR macOS Vision=== ===PAGE 1=== RECEIVED & FILED BOARD OF SELECTMEN OCT 2 6 2017 . MINUTES Joseph F. Bilotta Meeting Room, Town Hall UNER OF TOWN CLERK OFFICE October 3, 2017 Board of Selectmen: Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Paula Bertram, Clerk; Phyllis Luck, Member; Damon McQuaid, Member Also present: Heather Lemieux, Town Manager. Adam Costa, Town Legal Counsel The meeting commenced with the Pledge of Allegiance. Mr. Toale asked for a moment of silence for the Las Vegas shooting victims and their families. He noted there would be time for public comment after the 6:30 p.m. appointment. NEXAMP PILOT PROPOSAL -Chris Clark Mr. Clark presented on behalf of Settler's Solar LLC located at 994 Northfield Road. This is a continuation of discussion begun last spring. They have been working with Unitil and have gone through their study process and are awaiting an interconnection service agreement. They are meeting with the Conservation Commission and will be reviewing some revisions to their plan. They are also going through Planning Board review. Their next meeting with them will be Monday, October 23rd. . He was here tonight to further discuss the PILOT agreement. Ms. Bertram stated it was her understanding that the land is currently in Chapter 61 status; how does that affect the project? Mr. Clark stated this is a frequent occurrence, when a project is constructed and becomes commercial, that land needs to come out of chapter. Typically it will come back to the Board of Selectmen for Right of First Refusal with 120 days to consider. More often that not, it is waived. We as the developer pay five years of rollback taxes. Harald Scheid of Regional Resource Group, Inc. reported this is being proposed under the new Smart Solar Program. He reviewed the Solar Valuation model sheet that calculates income and a tax per megawatt and translates into an estimated proposed PILOT payment to the town. Mr. Ebersole entered the meeting. Mr. Clark noted the PILOT agreement has a twenty-five year span and the lease on the property is for twenty years. Ms. Bertram recommended with special town meeting coming, asking the pertinent boards now if there is interest in the property. Attorney Costa stated even though the Town has not received notice from the landowner and there are current permits before the boards, it would not be a conflict of interest to do so. Discussion on the appraisal process occurred. Attorney Costa clarified the PILOT agreement applies to personal property only. There would still be taxation on the real property once removed from chapter. The discussion will be continued a future meeting. PUBLIC COMMENT: Ms. Luck stated she participated in the September 21 cleanup at Wallis Park. She thanked the DPW for having equipment and trucks available. Chris Letarte, who spearheaded the effort, was present as well as volunteers from the neighborhood. The new goal is to raise funding for a new playground. Before we think about acquiring more land for town use, we have to look at what space we already own and how we are going to pay to take care of that. Maribeth Ulf stated she had a 9:00 p.m. appointment tonight but had a family situation and wondered if she could present her request earlier. Mr. Toale stated she could. ===PAGE 2=== Tollbooth Request A J Robbins Memorial- Ms. Ulf has submitted all the necessary paperwork for the October 21 date from 9:00 a.m. to Noon in the Town Center. The funds raised will go towards the upkeep of the A J Robbins Memorial fieldhouse at the Middle/High School. Motion: R. Ebersole 2nd: P.Bertram To approve the tollbooth request for October 21" from 9:00 a.m. to Noon in the town center subject to review by DPW and Police Department Vote: All in Favor Police Chief Marino wanted to remind townspeople to get their dogs rabies shots and licensed. Also, the town has a restraint law which means dogs cannot roam freely. He encouraged the public to keep their dogs within their property lines. If someone's dog is picked up, they will be subject to a fine and possible kennel fees. Michelle Belleza, 126 Sunnyhill Road and Ruth Ann White, 13 Jacqueline Drive, presented on behalf of ROAR, Resourses for Opioid Awareness and Recovery task force which includes police, schools, Lunenburg Boys and Girls Club, professionals and concerned citizens. They want to increase awareness about substance abuse and addiction and provide information to make healthy choices about support and resources. There will be a forum at the High School Auditorium on October 24th at 6:00 p.m. Ms. White presented a scenario of an opioid user. It was suggested to have the event recorded on public access. The Board will see if they can reschedule their meeting and attend. Katey Adams, 45 Williams Drive, reported on what other towns use for their town office space. Eagle Scout Project Request Josh Herrick of Troop 1728 requested permission to place historic plaques on some town properties as part of his Eagle Scout project. Motion: R. Ebersole 2'': D. McQuaid To approve the installation of National Register of Historic Places plaques on the following properties; Brooks House, Ritter Memorial Building, Town Pound, Town Hall, Eagle House Senior Center, Bandstand, Lower Common Watering Trough Discussion ensued on how this affects them. Vote: All in Favor The Board thanked Josh Herrick and he thanked them for their time. Hearings on Alcohol License Violations - August 24, 2017 (variuos times and locations) Mr. Toale swore in Officer Joshua Tocci. Tocci reported on August 24, 2017, Officer McNamara and he conducted an alcohol enforcement initiative utilizing a 20 year old operative who is known to the department. The purpose was to ensure licensed businesses were properly checking the identification of their patrons and no underage sales were taking place. The initiative was conducted with specific guidelines which were given by Sergeant Hebert who has training in this topic. The underage operative is known to the officers of the department and is considered to be trustworthy and reliable. He was dressed appropriately for his age without attempting to present himself as older or younger than he was. He wore tan cargo shorts, sneakers and a plain white t-shirt. He was instructed to enter stores and bars and to attempt to purchase alcohol without identification and to not have any other belongings with him for the duration of the program and to not be deceptive with his requests. The operative was subjected to a Preliminary Breath Test (PBT) at the beginning of these checks to ensure he had no alcohol in his system; the results were .000%. He was provided with $80.00 for use if he was able to successfully purchase alcohol. If he was successful at a store, he was to bring the alcohol directly to us. If he was successful at a bar, he was not to touch the alcohol in any way. The initiative was conducted at all stores and bars in town that sell or serve alcohol. At the conclusion of the initiative the operative was administered another PBT with a result of .000% BAC. Officers McNamara and Tocci returned to the six establishments to advise them of the violations. Elena's Gourmet Grocery Inc. d/b/a Elena's Gourmet Grocery 1 Main Street: ===PAGE 3=== At 5:44 p.m. the operative entered the store, removed a bottle of wine and brought it to the counter. He advised us that the clerk did not ask for identification; she processed the sale and allowed him to leave with the wine.He described her as a female, 50-60 years old, with brown hair and glasses. He exited the store at 5:47 p.m. and turned the bottle over to us. When we returned to Elena's Gourmet Grocery, they had already closed. Elena Christopher, 91 Autumn Road, presented on the violation. Mr. Toale swore her in. She stated she opened the business in 2002 and over the years she has worked very hard to ensure that she and her staff do not sell alcoholic beverages to underage persons. Over the years, they have been tested many times and on many occasions have sent individuals home without the alcohol because they did not have the proper identification. As for the incident that evening, she took full responsibility and made no excuses. Since the incident, she has taken additional steps to ensure that this never happens again. They know 95% of their customers, but if either she or her employees see someone and there is any possibility that they could be under 30 years of age, they will request indentification. In addition to that, on the cash register right above where everyone signs in, there is a sign that says "Check Id, " along with today's date and the year when someone would be eligible to purchase alcohol. There is nothing we can do about the past but going forward we are doing everything we can to assure this will not happen again. Motion: P. Bertram 2": R. Ebersole That the Board finds there was a liquor license violation on August 24, 2017; (M.G.L. c. 138, § 34, [Sale of alcoholic beverage to person under twenty-one years of age]; Section 1.10 (c) of the Lunenburg License Commission Regulations [Standards of Conduct on the Premises; No alcoholic beverages shall be sold to anyone under the twenty-one (21) years of age. No service of alcoholic, wine/malt beverages shall be made to anyone under twenty-one (21) years of age] and Section 1.13(a) (1) of the Lunenburg License Commission Regulations [Other Causes for Revocation, Suspension and Modification; violation by the licensee of any provision of the relevant General Laws of the Commonwealth, of the Regulations of the Alcoholic Beverages Control Commission or of the regulations of the Licensing Authority]. Vote: All in Favor Motion: P. Bertram That the Board issues a written warning as this is the first offense 2nd:R. Ebersole Vote: All in Favor Mr. Toale announced a notice of the decision will be issued via certified mail. Hearing on License Violation- Ole Ahad, d/b/a Hadwen Market, 1 Main Street, Officer Tocci stated at 5:41 p.m. the operative entered the store, removed a 12 pack of beer and brought it to the counter. He advised us the clerk asked for identification however he stated that he did not have it with him. The clerk, later identified as Ole Ahad, processed the sale and allowed him to leave with the beer. He exited the store at 5:43 p.m. and turned the beer over to us. Jake Hallet, 1790 Massachusetts Avenue and Ole Ahad, owner of Hadwen Market, of Leominster, appeared for this hearing. Mr. Toale swore both men in. Mr. Hallet distributed a new employee policy for the store to the Board. Mr. Hallet stated they both manage the store. They want the business to be a staple of the community. Their customers range from people on their way to work, students and residents getting snacks, tobacco products, and beverages. We have a meat market, ATM, coffee station, everything we can fit in the store. It is never okay for any business to provide alcohol to minors, the law states you must be 21 and the law depends on us enforcing those laws. All of our employees are currently undergoing a retraining and we have provided you with our new alcohol policy. We will require identification for anyone appearing under 40 years of age. We will card every member of a group that comes into the store. We have hired a mystery shopper who will attempt to purchase alcohol from employees when neither one of us are at the store. We also have a camera system in the store where we can review footage to ensure employees are requesting identification 100% of the time for anyone who appears under 40 years old. We are sorry for the incident and we believe we have taken steps to ensure it won't happen again. Discussion ensued on whether there was a previous liquor violation that was not noted for this business. Motion: R. Ebersole 2": P. Bertram ===PAGE 4=== That there was a liquor license violation on August 24, 2017; (M.G.L. c. 138, § 34, ISale of alcoholic beverage to person under twenty-one years of age]; Section 1.10 (c) of the Lunenburg License Commission Regulations [Standards of Conduct on the Premises; No alcoholic beverages shall be sold to anyone under the twenty-one (21) years of age. No service of alcoholic, wine/malt beverages shall be made to anyone under twenty-one (21) years of age] and Section 1.13(a) (1) of the Lunenburg License Commission Regulations [Other Causes for Revocation, Suspension and Modification; violation by the licensee of any provision of the relevant General Laws of the Commonwealth, of the Regulations of the Alcoholic Beverages Control Commission or of the regulations of the Licensing Authorityl. Vote: All in Favor Ms. Bertram noted the Hadwen Market policy #12 stated that any employee who submits TIPS certification will receive reimbursement of $40.00 and will be paid for three hours of work. She asked aren't all your employees TIPS certified? Mr. Hallet stated he was TIPS certified but did not believe everyone had to be. Ms. Bertram was concerned that this was the second violation. Mr. McQuaid noted their effort to correct the problem. Motion: R. Ebersole 2'd: D. McQuaid To issue a written warning Discussion: Mr. Ebersole was also concerned about the second violation but was impressed with the policy they had submitted and suggested that they test their system themselves. Vote: All in Favor Mr. Toale noted a notice of the decision will be issued via certified mail. Hearing on License Violation- Lunenburg Zeda's Inc. d/b/a Bad Larry's, 1 Main Street, Suite 4 Officer Tocci reported at 7:35 p.m. the operative entered the bar, sat and requested a glass of beer. He advised us the bartender, later identified as Nakia Bachman, did not request identification and provided him with a glass of beer. He did not touch the beer and exited promptly. Adam Wernick and Alan Wernick, 48 Holden Road, Shirley, presented on behalf of the business. Mr. Toale swore them in. Adam Wernick stated the under-aged person who came in and purchased the beer was an ex-employee of Bad Larry's. He came in, said hello to the kitchen and the staff. In a small town like this you have a lot of regular customers and Bachman is a brand new bartender. When he came in and said hi to everyone; what are you going to do when someone comes in, says hi to everyone and then walks to the bar and purchases a beer? You should card them but in her defense this person looks 35 years old. He's balding and has a full beard. Alan Wernick added that does not excuse the failure to ask for id; we do have a carding policy for everybody and she was on training that night. Adam Wernick stated we had four of these (compliance checks) come through last year and we passed each one. Alan Wernick stated since then we have a zero tolerance policy about carding everybody, it's not in writing at this time. We only have two bartenders at this time; in fact the gentleman who came in had served alcohol when he was here and knew about the zero tolerance policy. This was kind of an awkward situation because he was 20/21; he knew the policies of the store at that time and for him to come up at the bar and ask for something knowing the policy kind of made us wonder if he was twenty-one because he knew the policies. We are not saying we shouldn't have carded him. It just felt kind of unfair the way he came in and mingled with the employees; it wasn't like he came in and walked straight to the bar. Adam Wernick stated in Ashburnham the rules are the person isn't supposed to have a relationship with the establishment or the Police, so I don't know if this is a gray area the Lunenburg Police should look into. Personally we feel it wasn't the best choice of a person to come in. We don't dispute what you are doing. It was offensive to us that this person came in, we felt manipulated by him. Mr. Ebersole stated it's your business to sell alcohol and your responsibility if you are selling alcohol to card people; you could have a relative come in and say they want a drink. It doesn't matter who came in, if they are under twenty-one years of age, it's illegal. Mr. Wernick agreed but repeated it was just an awkward situation, we have not had any issues prior to this, normally we card everybody. Ms. Luck asked if anyone was training the new bartender that evening. ===PAGE 5=== Police Chief Marino reminded all that Officer Tocci will give a statement under oath in a second but the last thing we want to do is transcend the integrity of the Police Department based on some of the statements he (Wernick) just made. Tocci stated there are 21 businesses in town and to try to find someone who has no connection to any business would be exceptionally hard. The operative did not tell us that he worked for this business until we pulled into the parking lot. At that point we were committed to going forth with our operation. This wasn't planned out ahead of time. Alan Wernick stated we are not trying to make excuses, we know that person should have been carded; just that it was awkward at that point in time. To answer Ms. Luck's question, Adam Wernick was training the bartender but had stepped out for a minute to go to Hadwen Market. Mr. Ebersole stated you need to card everyone if that is what it takes. You should put your zero tolerance policy in writing, making sure you don't come before us again. Motion: R. Ebersole 2"d: P. Bertram That there was a violation on August 24, 2017; of M.G.L. c. 138, § 34, [Sale of alcoholic beverage to person under twenty-one years of age]; Section 1.07 (f) of the Lunenburg License Commission Regulations [Alcoholic Beverage Sales and Laws; Licensees shall be responsible for ensuring that minors are not served alcoholic beverages and are not drinking alcoholic beverages on the licensed premises, whether served to them by an employee or handed to them by another patron. Licensees who do not have the ability to keep track of the drinking activity of minors at the premises shall exclude minors from coming onto the premises in order to meet the burden of ensuring that there is no underage drinking at the premises. Sufficient security personnel shall be employed to monitor the premises to ensure that patrons do not pass alcoholic beverages to minors.]; Section 1.10 (c) of the Lunenburg License Commission Regulations [Standards of Conduct on the Premises; No alcoholic beverages shall be sold to anyone under the twenty-one (21) years of age. No service of alcoholic, wine/malt beverages shall be made to anyone under twenty-one (21) years of age] and Section 1.13(a) (1) of the Lunenburg License Commission Regulations [Other Causes for Revocation, Suspension and Modification; violation by the licensee of any provision of the relevant General Laws of the Commonwealth, of the Regulations of the Alcoholic Beverages Control Commission or of the regulations of the Licensing Authorityl. Vote: All in Favor Motion: R.Ebersole 2nd: P. Bertram That the Board issues a written warning as this is the first offense Mr. Ebersole asked them to please take this seriously, a violation for serving an underage person; there could be other violations with a new bartender, somebody could be drunk, somebody could get killed. Alcohol is a serious situation. Vote: All in Favor Mr. Toale noted a notice of the decision will be issued via certified mail. Chief Marino wanted everyone to understand that this is a wake up call for all the businesses that sell alcohol. Obviously we try to support business in town. Referring to the operative, that was an unavoidable mistake on our part; had we known he had worked there, it never would have happened. Hearing on License Violation- Genghis Inc. d/b/a Jaxx Country Variety, 1353 Massachusetts Avenue Officer Tocci reported at 5:37 p.m., the operative entered the store, removed a 12 pack of Bud Light beer and brought it to the counter. He advised us the clerk asked for identification and he stated he did not have it with him. The clerk, later identified as Diane Capone, processed the sale and allowed him to leave with the beer. He exited the store at 5:39 p.m. and turned the beer over to us. Alan Wernick was reminded he was still under oath. Wernick stated he wasn't there but talked to his wife and the person who sold the beer. Again, it was not normally something she would do but she made a bad decision. We did go back and told her we have a zero tolerance policy. She was reprimanded for it. At that point we had to retrain. There are signs in the store saying if you look under 30, have an ID ready. She did not follow the store policy and she does now. We card everybody. Having done this for 30 years, I am very aware of the alcohol repercussions. We have no excuse for it but we have made corrective actions to not allow that to happen again. Mr. Toale asked if they had a written policy. Wernick stated we don't but I am going to draft one. ===PAGE 6=== Motion: R. Ebersole 2"d: P. Bertram That there was a violation of M.G.L. c. 138, § 34, [Sale of alcoholic beverage to person under twenty-one years of age]; Section 1.10 (c) of the Lunenburg License Commission Regulations [Standards of Conduct on the Premises; No alcoholic beverages shall be sold to anyone under the twenty-one (21) years of age. No service of alcoholic, wine/malt beverages shall be made to anyone under twenty-one (21) years of age] and Section 1.13(a) (1) of the Lunenburg License Commission Regulations [Other Causes for Revocation, Suspension and Modification; violation by the licensee of any provision of the relevant General Laws of the Commonwealth, of the Regulations of the Alcoholic Beverages Control Commission or of the regulations of the Licensing Authorityl. Vote: All in Favor Mr. McQuaid stated you have a zero tolerance policy but does the person you reprimanded still work for you? Mr. Wernick stated yes. McQuaid stated then that's not really a zero tolerance policy for serving minors. Wernick clarified that the zero tolerance addresses selling alcohol. Wernick stated if you were to fire everybody after making one mistake, everybody would be unemployed. If it happens again, she will be fired. We are moving forward to make sure it doesn't happen again, I fully understand the ramifications and seriousness of what could have happened. Motion: R. Ebersole 2": P. Bertram That the Board issues a written warning as this is the first offense Vote: All in Favor Mr. Toale noted a notice of the decision will be issued via certified mail. OLD BUSINESS 1. Board of Selectmen Goals • Review of Committee and Boards Goals Workshop Agenda (October 10) Ms. Lemieux directed the Board to the draft agenda in their packet. We will do a roundtable alphabetically with each board and committee and discuss accomplishments, if any, over the past year and if they have set any future goals, to discuss them. At the end of the discussion we will review the Board overview worksheet that Ms. Bertram provided and expansion of the talent bank form. Ms. Luck asked what we are hoping to get out of this meeting. Mr. Ebersole stated communication between boards. This is not directly related to economic development but just trying to find out what is going on that might affect other boards and to inform what we need to do going forward. Ms. Luck suggested asking the boards/committees what they need from us. Mr. Toale suggested asking what their expectation is from us as liaisons and is it fulfilling their need to communicate with us? Ms. Luck suggested asking how often they want to meet jointly. Mr. Ebersole suggested asking if there is anything else you want to bring up in this forum? Ms. Bertram stated regularly meeting with all the Chairs enhances open communication; that we are all on the same page. • Review Economic Development Workshop Agenda- Discussion ensued about the workshop schedule. Workshop meetings on the second Tuesday of the month might be changed so the Sewer Commission can attend. The November workshop will be scheduled for November 21st Letter of Support to Mass Works Program for Town of Lancaster This letter is a followup from the meeting with the Lunenburg Water District Commissioners. A letter of support would be accepted by the Town of Lancaster even though the grant deadline has passed. Mr. Toale read the letter aloud for all. Ms. Luck stated she was no longer in favor of this following the meeting with the commissioners. She cited differences in the Memorandum of Understanding wording from what the commissioners reported. Discussion ensued. Attorney Costa stated if the MOU has expired there is no legal obligation for the Lunenburg Water Commissioners going forward. It was decided to get a clearer understanding of the final contract with Lancaster. Motion: R. Ebersole To not send the letter of support at this time 2":P. Luck Vote: 4 in favor, 1 opposed (Bertram) CURRENT BUSINESS 1. Set Date for November Special Town Meeting & Open Warrant ===PAGE 7=== Ms. Lemieux reported town officials needed for a town meeting on Tuesday, November 28, have been contacted and they can attend. She requested the Board call for a special town meeting on November 28, 2017 at 7:00 p.m. at the Lunenburg Middle/High School auditorium and to open the warrant for articles tonight and close it on October 11, 2017 at 4:00 p.m. Motion: R.Ebersole 2"d: P. Bertram To open the warrant for a special town meeting on Tuesday, November 28, 2017 at 7:00 p.m.; open the warrant for articles tonight and close it on Wednesday, October 11, 2017 at 4:00 p.m. Vote: All in Favor 2. Minutes/ Warrants/ Action File Issues The Board signed a payroll warrant in the amount of $769,487.70, a payroll deductions warrant in the amount of $546,841.49, and accounts payable warrants in the amounts of $381,101.96 and $300,750.79. The Board approved Minutes of August 1, September 5, September 12 and September 19, 2017. Action File Issues: Ms. Bertram requested a workshop/discussion with the Park Commissioners regarding Marshall Park parking/ facilities, turf field maintenance and fees and how those fees are being used and other recreation facilities maintenance. Ms. Luck noted the road opening policy was not yet up on the website. She would like to see how people are going to be notified. Ms. Luck stated she attended a MMA Legislative Breakfast in Stowe and the meeting was in town offices that were converted from a previous school. They invited Lunenburg to tour the building. Hearing on License Violation- Donnelly's Tavern Inc. d/b/a Donnelly's Tavern, 43 Summer Street Officer Tocci reported the operative entered the bar, sat and requested a glass of beer. He advised us the bartender, later identified as Mike Walsh, did not request an ID and provided him with a glass of beer. He did not touch the glass and promptly exited. John Donnelly, 72 Rinnock Road, Fitchburg, representing the business, was sworn in. Mr. Donnelly stated the facts of that night speak for themselves and he was not going to try to defend this incident. He did want to inform the Board of some of the proactive steps they have taken since that night. We do have 100% TIPS certified employees. Following this incident we did call a staff meeting to see how we could do things a little better. We came up with additional signage for carding people under 30 years of age, better lighting, and better communication between employees. Unfortunately that server on duty that night is a professional bartender; a 22 years, part-time employee at our establishment and cards 99% of anyone that looks under 30 years old. I'm convinced we can do a better job, 1% is too much. Motion: R.Ebersole 2"°: P. Bertram That there was a violation on August 24, 2017; of M.G.L. c. 138, § 34, [Sale of alcoholic beverage to person under twenty-one years of age); Section 1.07 (f) of the Lunenburg Lieense Commission Regulations [Alcoholic Beverage Sales and Laws; Licensees shall be responsible for ensuring that minors are not served alcoholic beverages and are not drinking alcoholic beverages on the licensed premises, whether served to them by an employee or handed to them by another patron. Licensees who do not have the ability to keep track of the drinking activity of minors at the premises shall exclude minors from coming onto the premises in order to meet the burden of ensuring that there is no underage drinking at the premises. Sufficient security personnel shall be employed to monitor the premises to ensure that patrons do not pass alcoholic beverages to minors.]; Section 1.10 (c) of the Lunenburg License Commission Regulations [Standards of Conduct on the Premises; No alcoholic beverages shall be sold to anyone under the twenty-one (21) years of age. No service of alcoholic, wine/malt beverages shall be made to anyone under twenty-one (21) years of age] and Section 1.13(a) (1) of the Lunenburg License Commission Regulations [Other Causes for Revocation, Suspension and Modification; violation by the licensee of any provision of the relevant General Laws of the Commonwealth, of the Regulations of the Alcoholic Beverages Control Commission or of the regulations of the Licensing Authorityl. Vote: All in Favor Mr. Ebersole noted there have been no other violations over the last two years. ===PAGE 8=== To issue a written warning Mr. Ebersole stated we take this very seriously as you have mentioned yourself. One other business mentioned this evening has instituted written policies. Mr. Donnelly stated we do have a written policy and we do have a zero tolerance policy. Unfortunately in this business you cannot give one or two free passes. However this bartender was not fired. There have been instances when bartenders have been fired before for not checking IDs. This bartender knew right away he made a mistake. He's the best and unfortunately even the best got beat that night. Vote: All in Favor Mr. Toale noted a notice of the decision will be issued via certified mail. Hearing on License Violation- Fifty Mass Ave. LLC d/b/a The Bootlegger, 50 Massachusetts Avenue Officer Tocci reported the operative entered the bar at 7:18 p.m., sat and requested a beer. He advised us the bartender, later identified as Julie Ware, did not request an ID and provided him with a glass of beer. He did not touch the glass and promptly exited. Jaret Yost, 14 Wayman St. Fitchburg, appeared on behalf of The Bootlegger and was sworn in. Mr. Yost stated on that night Julie Ware was a new employee. We have an extensive training program for all our employees which does include carding everyone. This was an unfortunate incident and we did fire Ms. Ware on that night as we have a zero tolerance policy for that. All our bartendres and servers are being TIPs Certified. We do take this mistake very seriously and we are doing anything we can to make it right. Mr. Ebersole noted there is another violation in the packet "Violation of Lunenburg License Commission Regulation- Section 1.09 Inspections and Investigations (b) Licensees shall maintain a list of all their employees and shall have it available for inspection upon the request of an authorized agent of the Authority. Licensees shall mail their list to the LIC on June 1°t of every year and again as part of the end of year renewal packet. " There were two letters sent to them; one on July 31 and the other on August 30t*, along with emails, have they submitted a current list? Mr. Jaret stated they had not responded as they were being trained. The list is current but we have not sent it to yet. We do have everyone's certification on file and a list of all the employees. Mr. Ebersole asked and the people whose certificates have expired? Yost stated they are being recertified. Mr. Ebersole asked are they currently serving alcohol now. Yost stated yes. Motion: R. Ebersole 21ª: P. Bertram That there was a violation of M.G.L. c. 138, § 34, [Sale of alcoholic beverage to person under twenty-one years of age]; Section 1.07 (f) of the Lunenburg License Commission Regulations Alcoholic Beverage Sales and Laws; Licensees shall be responsible for ensuring that minors are not served alcoholic beverages and are not drinking alcoholic beverages on the licensed premises, whether served to them by an employee or handed to them by another patron. Licensees who do not have the ability to keep track of the drinking activity of minors at the premises shall exclude minors from coming onto the premises in order to meet the burden of ensuring that there is no underage drinking at the premises. Sufficient security personnel shall be employed to monitor the premises to ensure that patrons do not pass alcoholic beverages to minors.]; Section 1.10 (e) of the Lunenburg License Commission Regulations [Standards of Conduct on the Premises; No alcoholic beverages shall be sold to anyone under the twenty-one (21) years of age. No service of alcoholic, wine/malt beverages shall be made to anyone under twenty-one (21) years of age] and Section 1.13(a) (1) of the Lunenburg Lieense Commission Regulations [Other Causes for Revocation, Suspension and Modification; violation by the licensee of any provision of the relevant General Laws of the Commonwealth, of the Regulations of the Alcoholic Beverages Control Commission or of the regulations of the Licensing Authorityl. Vote: All in Favor Ms. Bertram asked for clarification on whether staff was TIPs certified and serving or not. Mr. Yost responded as of now everyone is TIPS certified and he could provide that information within 48 hours. Motion: R. Ebersole 2": P. Bertram To find there was a violation of the Lunenburg License Commission Regulation; Section 1.09 Inspections and Investigations (b) Licensees shall maintain a current list of all their employees and shall have it available for inspection upon the request of an authorized agent of the Authority. Licensees shall mail ===PAGE 9=== this list to the Lanenburg License Commission on June 1st of every year and also that a letter was sent on July 31 and August 30, 2017 and as of October 3, 2017 have still not supplied the information Vote: All in Favor Motion: R. Ebersole 2": P. Bertram To issue a written warning on this violation Mr. Ebersole stated his concern was paperwork isn't just paperwork and it's to make sure people are doing what they are supposed to do. It could be another violation if people are serving without being TIPS certified. It is to your benefit to follow the bureaucratic process. Mr. Toale noted this hearing determined that two violations were found at this time. Ms. Bertram suggested if Mr. Yost does not supply the list within 48 hours to have The Bootlegger back for another hearing. Vote: All in Favor Mr. Toale noted a notice of the decision will be issued via certified mail. Hearing on License Violation - MIJ, Inc, d/b/a J & M's Sports Bar, 5 Summer street, Unit #Tu Officer Sean Zrate was sworn in by Mr. Toale. Zrate reported Sergeant Jack Hebert who wrote the incident report could not be here tonight but Zrate was on duty the night of August 7, 2017. Lunenburg Police Department NARRATIVE FOR SERGEANT JACK A HEBERT Rof: 17LUN-745-OF Entered: 08/07/2017 @ 2254 Modified: 08/0B/2017 Approved: 08/08/2017 @ 0826 Entry ID: JAHO1 Modified ID: JAHO1 ApPIOVaI ID: ILGO1 Page: I The following is a summary of events of 8/7/17 at approximately 2055 and 2222, respectfully. While on full uniform patrol in a marked cruiser for the Town of Lunenburg, I, Sergeant Jack Hebert, was advised by Officer Zrate that he observed a white Mazda 6, Ma reg. 7KPL40, pull into the parking lot and parked at I&M's Sports Bar at 5 Summer Strect. Officer Ziate ran this registration and found the registered owner to be only 20 years old, registered to Brianna Purcell (DOB 3/15/1997). Officer Zrate further advised that there was only one female in the vehicle. I went by at approximately 2104 and observed the vohicle still in the lot. I logged an area checked of this business and noted in the narrative that this vehicle was observed pulling into the lot. I ran the registration as well and observed Purcell's license photo. A couple minutes later, I entered the bar and spoke to the bartender about a vehicle parked out back by the dumpster that was being towed. While speaking to the bartender, later identified as Keith Morey (DOB /15/1967), I observed Purcell sitting at a high table opposite the bar with 3 males. Purcell had an empty glass i ront of her. This glass was observed to contain a lemon, ice and a straw. I then left the bar At approximately 2200, Officer Zrate and I returned to J&M's Sports Bar and observed the actions of the occupants through the window. Purcell was eventually observed to walk up to the bar and be served by Morey. I entered the bar through the rear door and observed Purcell leaning over the bar with a drink in front of her. I spoke to Morey at the rear of the bar, as Purcell was observed still standing at the bar, she squeezed the lemon into her drink and then walked over to a different high table with her drink in hand. I asked Morey if he just served the female at the bar. He asked which one and I advised him that I was asking about the female in the grey long sleeve shirt. Morey stated that he did. I asked what he served her and he stated "A vodka soda." I asked if he asked for identification and he stated "No, I did not." I then approached Purcell and asked if that was her white car out front and she stated "Yes." I asked if she had her identification and she stated "Yes," as she began walking to a different table, leaving her drink behind. I asked if the vehicle was registered to her and she stated "Yes." She was then observed to look through her wallet and then state that she did not have her license. I asked how old she was and she stated "20." I then advised Morey that he served Purcell at 20 years old and asked how many drinks her served her and he stated "2." I then advised Morey to close for the night. Officer Zrate entered the bar and had Purcell submit to a preliminary breath test. Purcell had a BAC result of.078. I attempted to speak to her in regards to being under 21 and consuming alcohol, however she was very standoffish and kept looking at her boyfriend. Purcell questioned why her registration was checked by Officer Zrate. I advised her that vehicle registrations are public record and can be checked at any time and anywhere. It was then obvious that Purcell wanted nothing to do with speaking with me further. She was then sent on her way with her 25 year old boyfriend, leaving her vehicle in the lot. I then spoke to Morey and the owner of I&M's Sports Bar, Melissa Thibodeau, as she was observed ===PAGE 10=== Lunenburg Police Department NARRATIVE FOR SERGEANT JACK A HEBERT Ref: 17LUN-745-0F Entared: 08/07/2017 @ 2254 Modified: 08/08/2017 0819 Approved: 08/08/2017 @ 0826 Entry ID: JAH01 Moditied ID: Approval Page: 2 12 total patrons, 3 playing pool, Purcell and 5 males playing a video game and 3 people sitting at the bar, not including Thibodeau. I advised them of the process to follow and Thibodeau stated that she knew the process, as she has been in the bat/alcohol business for 24 years. I attempted to give them some advised to help with checking identification, such as having patrons only enter the front door and go directly to the bar upon entering the bar. I advised Morey that without someone at each door, he had to act as bartender and doorman/bouncer. I cautioned them about allowing under age people into the bar, as they can not watch them all the time, however Thibodeau didn't seem interested in my advise. Thibodeau just talked over me and told me how long she has been in the alcohol serving business and that all her bartender's are TIP certified. I asked Morey again if he checked Purcell's identification and he stated "No." Morey then advised that he knew Purcell's male friends were all over 21 and Purcell was a bartender, however he did not state where she worked or how he knew that about her. I asked if he knew her and he stated he did not. I asked again if he checked her identification to see if she was over 21 and he stated "No, 1 didn't." As I was speaking to Thibodeau and Morey, Officer O'Brien arrived on scene and photographed the vodka tonic that Purcell was served. Prior to leaving, Officer Zrate and I advise Morey and Thibodeau that we published a notification in the paper in regards to compliance checks that this Department reccived a grant to conduct and advised that they should been on higher alert and comply with checking identification either way. We also discussed how this incident had nothing to do with the grant, rather it was just by simply running a registration that started this investigation. Officer Zrate, Officer O'Brien and I then cleared the bar. Respectfully Submitted, Sgt. Jack Hebert Attorney Costa asked Officer Zrate that his name appears throughout the narrative he just read; Zrate confirmed. Costa asked if he was personally involved in the incident referenced here. Zrate confirmed. Costa asked if the narrative was prepared by Sergeant Hebert? Zrate confirmed. Costa asked is it fair to say that the facts described in the narrative that you just read are consisent with your recollection of events of the evening of August 7, 2017? Zrate stated yes they are. And they are truthful to the best of your knowledge? Zrate stated yes. Motion: P. Bertram 2": REbersole That there was a violation of M.G.L. c. 138, § 34, [Sale of alcoholic beverage to person under twenty-one years of age]; Section 1.07 (f) of the Lunenburg License Commission Regulations [Alcoholic Beverage ===PAGE 11=== Sales and Laws; Licensees shall be responsible for ensuring that minors are not served alcoholic beverages and are not drinking alcoholic beverages on the licensed premises, whether served to them by an employee or handed to them by another patron. Licensees who do not have the ability to keep track of the drinking activity of minors at the premises shall exclude minors from coming onto the premises in order to meet the burden of ensuring that there is no underage drinking at the premises. Sufficient security personnel shall be employed to monitor the premises to ensure that patrons do not pass alcoholic beverages to minors.]; Section 1.10 (c) of the Lunenburg License Commission Regulations [Standards of Conduct on the Premises; No alcoholic beverages shall be sold to anyone under the twenty-one (21) years of age. No service of alcoholic, wine/malt beverages shall be made to anyone under twenty-one (21) years of age] and Section 1.13(a) (1) of the Lunenburg License Commission Regulations [Other Causes for Revocation, Suspension and Modification; violation by the licensee of any provision of the relevant General Laws of the Commonwealth, of the Regulations of the Alcoholic Beverages Control Commission or of the regulations of the Licensing Authorityl Vote: All in Favor Motion: P. Bertram 2': P. Luck That there was a violation of Lunenburg License Commission Regulation; Section 1.09 Inspections and Investigations (b) Licensees shall maintain a current list of all their employees and shall have it available for inspection upon the request of an authorized agent of the Authority. Licensees shall mail this list to the Lunenburg License Commission on June 1% of every year and again as part of the end of the year license renewal packet. Ms. Bertram asked if Ms. Thibodeau was the license holder. She noted the incident report makes it appear that Thibodeau was less than cooperative that evening. Officer Zrate stated Thibodeau was cooperative but she did not appear to want to listen to Hebert's advice. She wanted to offer her own opinion. Ms. Bertram asked how the letter was sent. Ms. Lemieux stated it was sent via certified mail. Ms. Bertram stated she was concerned that the license holder is not present. Vote: All in Favor Mr. Costa confirmed through the Secretary of State website that Melissa Thibodeau is both treasurer and president of MIJ, Inc. Motion: R.Ebersole 2"°: P. Luck To continue the hearing for the penalty phase and get the license holder in on October 17 at 7:05 p.m. Discussion: Ms. Bertram stated if this was delivered certified mail and the license holder was aware of this hearing, regardless of what information was presented at the hearing, we need to send a message that this was serious and that failure to appear does have consequences. She recommended issuing a suspension and wanted to go on record that this would be her preference. She recommended a minimum of three days suspension. Mr. Ebersole asked in addition to the certified mail notice, that the Police Department delivers the letter. Mr. McQuaid asked if they responded to the request for TIPS certification. Mr. Ebersole stated Ms. Peterson would have noted that if they did. Mr. McQuaid stated he agreed with Ms. Bertram and wouldn't continue the hearing. Ms. Bertram agreed. Mr. Ebersole stated it was important that they understand why the person did not show up. It's better to have a dialogue with them. It's important we talk about their rights and their responsibilities with them in front of us. If they don't show up at the next meeting, he was fine with taking action at that time. Vote: Ms. Luck-aye, Mr. Ebersole-aye, Mr. McQuaid-nay, Ms. Bertram- nay, Mr. Toale- nay Since the motion failed, the discussion moved on to the penalty. Attorney Costa explained the licensee's appeal process to the Alcoholic Beverages Control Commission. Motion: P. Bertram 2": D. MeQuaid That MIJ, Inc. d/b/a J & M's Sports Bar's license be suspended for three days: November 3, November 4, November 5, 2017 Discussion: Mr. Ebersole still had issue with this without contacting the license holder. Vote: Ms. Bertram-aye, Mr. Toale-aye, Mr. McQuaid-aye, Mr. Ebersole- nay, Ms. Luck - nay ===PAGE 12=== Mr. Toale noted a letter informing the license holder of the three day suspension will be sent. Mr. Toale thanked the Police Department for their work and coming in this evening. Committee Reports Mr. McQuaid reported Capital Planning Committee will be sending out the comprehensive forms to departments on October 11 and requesting they be returned by November 14. He lauded John Henshaw for his work on the forms adding it will be a good thing for the town. Planning Board's last meeting was mostly a hearing on the proposed solar field located at 994 Northfield Road. There are a number of concerns that arose. He advised those interested to watch the meeting on YouTube. Ms. Luck reported the School Committee held a workshop on the school calendar using the same negotiation process that was used in bargaining the last teachers' union contract. Ms. Luck believed the Finance Committee and Board of Selectmen should be a part of this process going forward. The teachers' contract just negotiated is going to impact the budget by over $1 million for the next three years of the contract. The Town has a huge stake in this and needs a voice. They meet again on October 4" in Town Hall. The Storm Water Task Force met on September 28t and voted to approve DCI Consultant's proposal to map catchments and critical outfalls, prioritizing these and working with DPW Director Rodriquenz to determine the best solution based on initial capital expenditures required as well as the maintenance costs. The cost of this proposal is $35,000. The Community Compact grant of $25,000 will be supplemented by using some of the $40,000 in the DP W stormwater account. The status of recordkeeping for the 2003 permit was briefly discussed. Investigation of the MRPC data collection tool for mapping was unable to be addressed due to DPW Director Rodriquenz not being present at the meeting Ms. Luck attended the steering committee meeting of the Central Mass Regional Stormwater Coalition this morning. The annual meeting will be held November 15" at the DEP Worcester office. The steering committee will meet right after the annual meeting. All coalition members are invited to attend both meetings. Environmental groups are suing the EPA over the new Ms4 permit delay. The coalition is waiting to hear the announcement about a $250,000 grant application submitted for a statewide educational campaign. They are hosting a workshop on October 24; the target audience is DPW Directors and personnel. Participants will tour locations (Grafton, W. Boylston, Worcester) with attention on best management practices and mitigation measures covering a wide range of costs. There will be information on design, construction and effectiveness of each best management practice. Invitations will go out next week. The coalition voted to support attendance at regional and national conferences of one to two coalition members who will represent them and bring back information. Storm Water Task Force meets again on October 12'". Ms. Luck reported the Zoning Board of Appeals will hear a request for a 50 vehicle used car lot at 40 Summer Street. They will also hear a request to use the property at 102 Pleasant Street as a contractor's yard and to reduce the side yard to 10 feet to reconstruct a damaged building that was removed. Regarding the DCI Consultants' proposal, Ms. Bertram stated the town had previously contracted with Earth Tech to map all of the outfalls and we have all those GPS coordinates which were rated and color coded. Certainly there may have been changes but she was questioning the mapping component because we already paid someone to do that. Are we redoing what we've already done? Ms. Bertram suggested we try to locate that map. Mr. Toale reported the Finance Committee reviewed the spreadsheet that Mr. McQuaid was referring to in his capital planning committee report. It will give us the ability to do multiple year planning and cross checking. It will also be a productivity tool for the departments. Due to a recent resignation there is a vacancy on the Finance Committee. Animal Control Officer Quarterly Report Mr. Ebersole commended Police Chief Marino for his cover letter which summarized actions that were being taken such as obtaining a newer ACO vehicle, the contribution of a body shop to repair and paint the outside of the vehicle and install a police radio. He also noted the efforts of the Police Chief working with the ACO and Dispatch to improve items we stated needed to be improved. He has noted the work he is planning to do going forward. Chief Marino stated it was really nice of the body shop to do all of that work for free. They did call him last week to tell him there was a hole in the frame and this brings up a liability issue. He did find an old ===PAGE 13=== Expedition and brought that down to the body shop but it was determined later that it was beyond repair. He will be going to the body shop next week to look at the original car to assess the damage to the frame. He will also check with the state to see if an auto auction is coming up. Town Manager Report- DLTA Business Town Partnership Grant: We held the kick-off meeting yesterday with local businesses that is being facilitated by Montachusett Regional Planning Commission as part of a District Local Technical Assistance grant the Town received to promote local businesses and create a partnership between the Town and the business community. This first workshop was with local business owners and to hear what they thought were the strengths, weaknesses, opportunities, and challenges in doing business in Lunenburg. Provided in your materials tonight is a summary of thoughts, concerns and ideas shared by everyone at that meeting. Also, MRPC provided an ESRI Retail Marketplace Profile that shows what type of businesses bring in consumers from outside of Lunenburg and what type of businesses lose consumers to businesses outside of Lunenburg. There were a number of ideas shared and one I found encouraging because we have identified this as part of our future updated website is a desire to have a central directory of all the businesses in town. The next workshop will be on Monday, November 6 at 7 p.m. in the Town Hall Joseph Bilotta Meeting Room and this one will be for residents to come voice their ideas about the business community in Lunenburg and what types of business they would like to see. The next business workshop meeting will be on Monday, November 13* at 9:30 a.m. in the Town Hall Joseph Bilotta Meeting Room. CPR Training for Town Employees: The Lunenburg Fire Department is offering CPR Training for town employees on October 12th and October !. All town employees have been notified by the Fire Department and it is on a first come, first serve basis due to space limitations. Green Communities Task Force: The Green Communities Task Force will have a meeting tomorrow, October 4* and will review their recommendations for projects to be considered for the next grant round and the timeline that will need to be met in order to be eligible for the next grant round in the spring. There will also be discussion on the $5,000 District Local Technical Assistance Grant that will pay for grant administration services to be utilized to apply for the competitive Green Communities grant. Town Hall Painting Project: Bids are due on Wednesday, October 11** at noon. There are currently nine (9) companies that have requested the bid package. Town Counsel Office Hours: Town Counsel will be holding office hours on Monday, October 16th from 3-7 p.m. and on Monday, October 30t from 2-6 p.m. Bylaw/General Code e360: General Code has completed codifying our bylaws and Town Charter and they are now online for easy access and users have the ability to use a search feature. This project started in FY 2013 and will contribute to our future website that will be easier to navigate and locate information for residents and businesses. Rental of TC Passios Kitchen Space: In August I was contacted by a local business owner that was interested in renting the kitchen space at the T.C. Passios. We met and began discussions in August and since then one other business owner that is affiliated with the first business owner is interested in co-renting the space. We have met and corresponded in the last two months to address all the questions that relate to renting space and special requirements that would have to be met since it would be used for commercial kitchen space. I have a meeting tomorrow with Jim Garreffi of ===PAGE 14=== the Nashoba Associated Boards of Health to discuss the Board of Health food service permit. This would also require a grease trap permit from the Sewer Commission and a hood inspection from the Fire Department. The renter would be required to have the limits of insurance coverage as recommended by our insurance carrier and name the Town as an additional insured. The rental fee would cover electricity, gas, water, sewer, trash disposal costs and the use of the existing commercial equipment. Attorney Costa has provided a draft agreement that I am currently reviewing. The term will be a month to month agreement. In light of the article that was in the Sentinel yesterday about opening a community kitchen in Lunenburg and the interest that has been expressed by those referenced in the article, as well as at the DLTA Business workshop held yesterday, I caution that this in fact does deserve exploration but a rental of that space is already currently in progress. Starting off renting to one or two local businesses provides us an opportunity to find out what works and what does not. This should be considered similar to a pilot program and will give the Town sufficient time to explore all the logistics of sharing space with multiple business owners. I have contacted the Worcester Chamber of Commerce, who was part of forming the Worcester Regional Food Hub, to request information on the formation. This particular food hub included a commercial kitchen incubator program, marketing and distribution services for local farms and producers, and workforce development culinary training. One thing I found particularly interesting was the distribution services component looked at how these farmers could provide produce for local colleges and Worcester Public Schools. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Ms. Lemieux requested the Board ratify the appointment of Jane Ranley as Sewer Commission Minutes Clerk. Motion: R. Ebersole 2nd.P. Bertram That the Board ratifies the appointment of Jane Ranley as Sewer Commission Minutes Clerk Vote: All in Favor Resignation from APDC/Historical Commission Representative - Cullen Dwyer Mr. Toale noted that there are now two vacancies on the APDC, one for the Historical Commission and the other for a craftsperson/design professional. Resignation from Finance Committee- Cindy Testa Ms. Testa's business has picked up so she has no time for the committee now. Anyone interesed should submit a talent bank form to the Board of Selectmen office. The Board signed letters of appreciation to the two committee members. Mr. Toale reviewed the upcoming meeting schedule with the Board members. PUBLIC COMMENT: Mr. McQuaid wanted to express his appreciation for the work that the Police Department does, noting in light of recent events, that it is a dangerous job and that we should be doing everything we can to support them. He stated he would be in favor of adding more personnel to that department at budget time. Mr. Toale wanted to make a general statement regarding public comment at board and committee meetings. It is a difficult job to be on a committee in this town; there is homework to be done, there are meetings and subcommittee meetings to attend. When citizens exercise their right, which they certainly have, to speak at those meetings, I would encourage them to remember that the people they are speaking to and about are volunteers and have the best interest of the town at heart or they wouldn't be doing that job. Certain allegations of some people being quite forceful, abusive and threatening at some of those meetings is inappropriate when we are talking about a public committee. It's important for us to reinforce the fact that we are dedicated to getting input from the public but without intimidating, threatening or belittling someone who is giving their effort to the town. He thanked Attorney Costa for being present tonight. Costa thanked him and informed the board he would be continuing the office hours at different times to allow everyone to get some time; we are working through some of the kinks in the timing of the appointments. It will get smoother as time goes on. It's been enjoyable so far. ===PAGE 15=== Motion:P. B ertram To adjourn the meeting at 9:37 p.m. Respectfully submitted, Clairem Peterson Elaine M. Peterson Executive Assistant to the Town Manager 2"°: R.Ebersole Vote:All in Favor