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Hardwick Board of Selectmen Discuss Horse Racing Facility Location

Original title: Hardwick, MA Board of Selectmen Meeting 10/11/22

These meeting notes are AI-generated and unofficial. They are provided for convenience and are not official Town records or approved municipal minutes. Verify all details using the source video and official Town documents.

Meeting details

Date

October 12, 2022

Duration

1h 4m

Decisions

4 recorded

Action Items

13 assigned

Summary

The Hardwick Board of Selectmen convened to discuss the proposed Great Meadowbrook Farm horse racing facility location, following previous public forums. The board acknowledged receipt of an FAQ document from a community group and a legal opinion letter from KP Law regarding the location approval process. Key discussions revolved around the statutory process for location approval, potential voter petitions for reconsideration, and the timeline for a final decision. The board decided to delay a vote on the location until after the Massachusetts Gaming Commission's public hearing on October 18th, tentatively scheduling their own vote for October 24th. The meeting also included the designation of the state election polling place and addressed numerous public questions via chat.

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Discussion Highlights

The meeting served as an opportunity for the Board of Selectmen to discuss the horse racing facility location among themselves and with legal counsel, following two public forums.
Legal counsel confirmed that an affirmative vote by the board to approve Great Meadowbrook Farm as a horse racetrack location would allow future applicants to seek a gaming license without requiring another board vote on the location.
The process for a voter petition to reconsider the board's vote was clarified: 12% of registered voters (approximately 235) can petition for reconsideration, which would lead to another board vote. If the board upholds its initial decision, a special election would be held within 45 days.
The proposed project would require a site plan review by the Planning Board, which has the authority to impose conditions, and would not require a town-wide vote at that stage.
The Massachusetts Gaming Commission is scheduled to hold its own public hearing on the matter on October 18th, from 4:00 PM to 7:00 PM, at Hardwick Elementary School.
The Board of Selectmen decided to delay their vote on the horse racing facility location until after the Gaming Commission's hearing, tentatively aiming for a vote at their regularly scheduled meeting on October 24th.
The board emphasized that they are operating on their own timeline, while being mindful of the November 14th/15th statutory deadline for the Gaming Commission's decision.
The board has received a draft Host Community Agreement (HCA) but has not yet reviewed or worked on it, as the HCA typically follows the location approval vote.
Legal counsel confirmed that the Board of Selectmen, not a town meeting, has the sole authority to approve the location in the first instance, and to approve the Host Community Agreement.
The property's classification under Chapter 61A and potential rezoning needs for extended uses were raised as questions requiring further investigation.

Transcript (9,722 words)

Lightly cleaned for readability. Each timestamp opens the video at that point.

00:00:00
Yourself if you don't know how to do that please if you'd like to speak I will recognize you as chair you'll have to just raise your hand or somehow holdify on our agenda we have the call to order we have a discussion relative to the
00:00:19
Horse racing facility location polling place designation for the state election and then adjournment so for purposes of this meeting this is the board's opportunity to have the discussion relative to the horse racing facility location
00:00:39
It is not our intent that we're going to take comments from folks on Zoom people have reached out to myself to Kelly and Rob relative to questions we've had a lot of Correspondence over the last few days
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A bit overwhelming and I will apologize first that uh it is tax season for me so I have a tax filing deadline on Monday I am reading all of your emails I cannot likely respond to you but I am reading yeah so uh thank you for all of that
00:01:17
So Angie confirming Hardwick TV is rolling I believe they are I don't see him as a user so I just want to confirm
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Foreign if you aren't muted please mute yourself
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Angie for those of people who are not muted can you mute them please yes foreign
00:02:31
Decided to call this meeting we had two days of public forum last week where the board really didn't have a chance to talk among ourselves and with Council Council from KP law Alex is here with us and this is our opportunity to ask any questions of Alex or talk about the

[00:00:00] yourself [00:00:01] if you don't know how to do that please [00:00:04] um [00:00:06] if you'd like to speak [00:00:09] um I will recognize you as chair you'll [00:00:12] have to just raise your hand or somehow [00:00:13] holdify [00:00:15] um on our agenda we have the call to [00:00:17] order [00:00:17] we have a discussion relative to the [00:00:19] horse racing facility location [00:00:22] polling place designation for the state [00:00:24] election and then adjournment [00:00:27] so for purposes of this meeting [00:00:30] um this is the board's opportunity to [00:00:33] have the discussion relative to the [00:00:36] horse racing facility location [00:00:39] um it is not our intent that we're going [00:00:41] to take [00:00:43] um comments from folks on Zoom [00:00:46] um people have reached out to myself [00:00:49] um to Kelly and Rob relative to [00:00:52] questions we've had a lot of [00:00:53] Correspondence [00:00:55] um over the last few days [00:00:57] um a bit overwhelming [00:00:59] um and I will apologize first that uh it [00:01:02] is tax season for me so I have a tax [00:01:04] filing deadline on Monday I am reading [00:01:06] all of your emails I cannot likely [00:01:09] respond to you [00:01:10] um but I am reading yeah so uh thank you [00:01:14] for all of that [00:01:15] um [00:01:17] so [00:01:19] um [00:01:20] Angie confirming Hardwick TV is rolling [00:01:28] I believe they are [00:01:31] I don't see him as a user so I just want [00:01:33] to confirm [00:01:43] foreign [00:01:59] if you aren't muted please mute yourself [00:02:10] Angie for those of people who are not [00:02:12] muted can you mute them please yes [00:02:17] foreign [00:02:31] decided to call this meeting we had two [00:02:34] days of public forum last week where the [00:02:37] board really didn't have a chance to [00:02:38] talk among ourselves and with Council uh [00:02:42] Council from KP law Alex is here with us [00:02:44] and this is our opportunity to ask any [00:02:47] questions of Alex or talk about the [00:02:49] subject amongst ourselves as a board so [00:02:53] that's why I'm asking that any visitors [00:02:55] refrain from asking questions if we have [00:02:58] time at the end I may entertain [00:03:01] questions but it really is really the [00:03:03] the purpose of this meeting is for the [00:03:06] board to be able to discuss our [00:03:07] questions and also Talk Amongst [00:03:09] ourselves [00:03:10] Bob and Kelly [00:03:12] um [00:03:13] Alex [00:03:15] um if [00:03:16] um Alex if you want to mute yourself so [00:03:19] um as part of the discussion [00:03:22] um we were [00:03:24] um in receipt of and I'm not sure you've [00:03:26] had a chance to look at it Rob or Kelly [00:03:29] um a letter from Alex dated [00:03:32] um today [00:03:34] with the subject of um great mother [00:03:36] great Meadowbrook farm horse racetrack [00:03:39] location [00:03:40] location approval pursuant to General [00:03:43] Law chapter 128 a section 13 a have you [00:03:48] guys had a chance to read it [00:03:51] I have [00:03:55] Rob you're on okay yeah there we go no I [00:03:59] I have not yet okay [00:04:01] um so [00:04:03] um we will [00:04:04] um what's the board's pleasure do we [00:04:06] want to defer acknowledging receipt of [00:04:08] this until you've had a chance to to [00:04:10] review it Rob [00:04:13] um if you want to start talking let me [00:04:15] just Breeze through and see if there's [00:04:17] anything that we really need to withhold [00:04:19] for people [00:04:20] okay [00:04:25] so we are also in receipt of [00:04:29] um a like um on the [00:04:32] um I never know the appropriate thing to [00:04:34] call it the lists or the Hardwick web [00:04:35] whatever you want to call it there was [00:04:38] um someone who requested that we do an [00:04:42] FAQ of all of the questions and [00:04:46] um we are in receipt of a document that [00:04:51] John Stephanie and his group put [00:04:52] together of all the questions that they [00:04:55] uh believe were asked during the meeting [00:04:57] and [00:04:59] um of course any they wouldn't have [00:05:01] access to any questions you've emailed [00:05:03] to Rob Kelly or I or to Nicole [00:05:06] um but based on the public forum they [00:05:09] would have had access to those questions [00:05:11] we are in receipt of that [00:05:14] um that's another document that we as [00:05:16] the board have to acknowledge a receipt [00:05:18] of [00:05:19] um so that we can post it for the public [00:05:21] I'm not sure you've had I I know you [00:05:24] um I think we got it Friday Friday or [00:05:27] over the weekend have you had a chance [00:05:29] to look at it Robin Kelly [00:05:31] I have [00:05:33] I actually have looked at their their [00:05:36] response to the questions and answers [00:05:37] yes [00:05:38] so what do we feel like [00:05:41] um comfortable acknowledging receipt of [00:05:42] that document so that it can be made [00:05:44] public [00:05:47] I am are you Kelly yes I am [00:05:50] do you want a motion Julie I would love [00:05:52] emotion please [00:05:53] um I would make a motion to accept [00:05:56] and acknowledge the letter [00:05:59] um dated October 7th 2022 [00:06:03] to you in in the select board [00:06:06] regarding questions and answers [00:06:09] um regarding uh great great Meadowbrook [00:06:13] Farm [00:06:16] I'll second that so it was moved by [00:06:18] Kelly and seconded by Rob any other [00:06:21] discussion [00:06:23] pairing on since we are on Zoom we need [00:06:25] to call the roll uh Kelly Kemp [00:06:29] aye Rob Ruggles [00:06:31] hi and Julie quink is a yes also so [00:06:34] we're acknowledging receipt of the FAQ [00:06:36] thank you John and the group for putting [00:06:38] that together and we will get it out so [00:06:40] that it's posted [00:06:42] um hopefully tomorrow perhaps Angie or [00:06:45] um we can perhaps get Julie Marquette to [00:06:47] post it [00:06:49] um Angie I'm not sure you have the [00:06:50] document but I'll make sure that it gets [00:06:52] sent to you [00:06:58] um [00:06:59] it just breathes through that document I [00:07:02] mean I I think it answers a few people's [00:07:04] questions so [00:07:07] um [00:07:08] okay with [00:07:12] okay [00:07:13] um Alex is there any reason why we [00:07:15] shouldn't be acknowledging this at this [00:07:17] meeting at this point [00:07:20] um no Madam chair that's uh that's a [00:07:22] matter of the board's discretion whether [00:07:23] or not [00:07:24] today okay [00:07:26] um thank you so [00:07:28] um then I'll entertain a motion to [00:07:31] acknowledge receipt of the letter dated [00:07:33] October 11 2022 from KP law authored by [00:07:38] Alex uh with a subject line of great [00:07:41] Meadowbrook farm horse racetrack [00:07:42] location approval pursue to General Law [00:07:45] chapter 128 a section 13 a [00:07:49] I will make the motion as Julie quick [00:07:52] just read it [00:08:00] so it was a second [00:08:02] thank you it was moved by Kelly seconded [00:08:05] by Rob [00:08:06] um again I'll call the roll Kelly [00:08:09] aye Rob [00:08:12] and Julie's and I also [00:08:14] that is also available [00:08:17] um [00:08:18] and um so as Rob mentioned some of the [00:08:21] questions that have been asked of the [00:08:24] board and were asked at The Forum last [00:08:26] week relative to the vote that is before [00:08:29] the board [00:08:31] um [00:08:31] relative to the horse track [00:08:34] um horse race track that's a mouthful [00:08:36] the horse race track location [00:08:40] um [00:08:40] uh the opinion of council is that [00:08:45] um an affirmative vote by the board to [00:08:47] approve the great Meadowbrook Farm as a [00:08:49] horse racetrack location will allow any [00:08:52] future applicant to apply to the gaming [00:08:54] commission for horse racing license [00:08:56] without the need for the board to [00:08:58] perform another vote approving a [00:09:00] location [00:09:01] so that there were several questions [00:09:03] brought up um at The Forum relative to [00:09:06] that and we believe that was the [00:09:08] understanding from conversations with [00:09:10] the gaming commission [00:09:12] um but Council has [00:09:14] um has confirmed an understanding so [00:09:16] thank you for that Alex [00:09:23] um Kelly or Rob do you have any [00:09:24] questions or anything that you want to [00:09:26] ask of Alex or [00:09:28] that you wanted to talk about [00:09:30] um I do [00:09:32] um Alex I I have a couple of questions [00:09:34] that um [00:09:36] I've been rolling around in my brain [00:09:40] um [00:09:42] I just I question first of all [00:09:45] if if and when we vote [00:09:48] and if it's a if it's a yes and they are [00:09:51] you know able to go forward with their [00:09:54] um [00:09:55] what they're proposing [00:09:57] um [00:09:58] we've all heard that you know there's a [00:10:01] petition already gone around that voters [00:10:04] will petition to take back our vote [00:10:08] I'm wondering if you can um put some [00:10:12] light on that process and [00:10:16] um how it would affect [00:10:18] the applicants [00:10:20] you know if if that were to come to you [00:10:23] know [00:10:25] I'm happy to answer that [00:10:28] answer that um [00:10:29] statute under [00:10:33] Junction 13A [00:10:35] there is a provision that [00:10:37] provides that we [00:10:41] of the registered voters in the [00:10:44] submit a petition requesting the or [00:10:48] selectman [00:10:50] your vote [00:10:51] that you would then need to hold another [00:10:55] meeting to [00:10:56] formally reconsider your vote [00:11:00] um [00:11:04] upheld your initial vote [00:11:08] you know assuming for the sake of [00:11:10] argument that you initially approved and [00:11:13] then there was a request that you [00:11:16] hold another vote to reconsider if you [00:11:19] then upheld the [00:11:23] then it would go to [00:11:25] to General ballot question where [00:11:28] our town would [00:11:34] have so that's that's generally how [00:11:37] would work [00:11:39] you know until there's a final approval [00:11:42] I'm not sure what the gaming [00:11:44] commission's interpretation [00:11:49] to see how the [00:11:53] without a final [00:11:55] approval of the license [00:11:58] right and is there a time frame in which [00:12:01] all that has to occur within [00:12:05] um [00:12:06] yes there is a time frame I believe for [00:12:09] the initial I'm sorry I just need to [00:12:11] pull up the statute that's okay yeah I [00:12:23] [Music] [00:12:24] um [00:12:28] foreign [00:12:32] so in terms of the [00:12:36] assuming there's a petition [00:12:39] um [00:12:40] 12 percent of the voters [00:12:42] requesting a [00:12:45] reconsideration vote this [00:12:54] in my opinion that would mean that [00:12:56] uh you would need to hold another vote [00:13:00] at your next regularly scheduled meeting [00:13:04] um [00:13:09] and then assuming that you were to [00:13:12] uphold your initial vote of approval [00:13:17] uh there would be [00:13:20] a special [00:13:21] election held on the issue [00:13:25] 45 days [00:13:27] of the vote to okay that's what okay I [00:13:30] think that's what we had heard so it's [00:13:32] just I just and more for other so [00:13:35] everyone else understands that process [00:13:37] too [00:13:38] um you know wanted to um [00:13:41] to [00:13:42] um ask that question my my other [00:13:44] question [00:13:45] um is if this does move forward and [00:13:50] you know they they start doing what [00:13:52] they're what they're proposing is there [00:13:55] a legal [00:13:57] you know out per se the town has if [00:14:02] things start [00:14:04] you know moving in a direction that you [00:14:06] know we're not pleased with [00:14:13] that is a difficult answer and a [00:14:17] question to answer uh and I hate to give [00:14:20] a typical lawyer response but the answer [00:14:22] is it depends [00:14:24] you know it depends on where things are [00:14:26] in the process depends on what the [00:14:28] issues are that are cause for concern [00:14:33] um you know certainly [00:14:35] um you know through the permitting [00:14:37] process thus there will be [00:14:39] missions that are imposed on the [00:14:41] operation both by the town and by the [00:14:44] state [00:14:46] of the state so there will be [00:14:48] you should get a degree of oversight [00:14:49] throughout the process [00:14:52] um [00:14:53] and you know in terms of [00:14:56] the project [00:14:59] depends on [00:15:01] on what the specific [00:15:06] fair enough [00:15:13] rob you have any questions of counsel or [00:15:15] anything [00:15:16] so I I guess while Rob's on muting I I [00:15:19] can um I can assure you all letter [00:15:21] listening that um I have received many [00:15:24] emails and support and many emails [00:15:26] against [00:15:28] um and [00:15:29] um I'm sure you all can all appreciate [00:15:32] how difficult of a position the board of [00:15:34] selectment is in [00:15:35] um making this decision [00:15:38] um and [00:15:39] um [00:15:40] you know certainly [00:15:42] um appreciate you know Alex's input on [00:15:46] the process and Kelly your question sort [00:15:48] of mirrored what I was going to ask and [00:15:50] you know if if um certainly we have the [00:15:53] host Community agreement [00:15:55] um [00:15:56] to fall back on if the town were to sign [00:15:58] one that has some um remedy in it if [00:16:02] there's an issue but we're talking [00:16:04] specifically here the site locations so [00:16:07] if there were an issue with the site [00:16:09] um the host Community agreement isn't [00:16:11] even in play at that point so [00:16:14] um you know I appreciate Alex's comments [00:16:16] on it really and understand that you [00:16:18] know it depends depends on what the [00:16:20] issue is [00:16:22] um [00:16:22] Rob did you want to say something or did [00:16:24] you have questions [00:16:27] I did [00:16:28] um my question is if [00:16:30] say this if [00:16:32] this forward [00:16:34] would this still need to go to the [00:16:36] planning board for a site review as far [00:16:41] as [00:16:42] completely different permit and [00:16:44] everything [00:16:45] says [00:16:46] yes Rob so [00:16:49] a project would require [00:16:51] a site plan review eventually [00:16:55] from the cleaning board so there would [00:16:57] be you know [00:17:00] review I'm sure there would be probably [00:17:01] peer reviews involved and looking at [00:17:05] um [00:17:07] things like that [00:17:08] and you know reasonable conditions [00:17:12] issued by the plan [00:17:15] question there there would [00:17:18] oversight [00:17:20] through that [00:17:24] at any time with the planning board [00:17:27] require the town to vote or would this [00:17:28] be something that the [00:17:31] as a board would approve [00:17:34] is the [00:17:37] Authority the [00:17:50] banking [00:17:57] that's that's was really my question so [00:18:03] so [00:18:05] um can we talk maybe let's talk about [00:18:08] the timeline just so that we're clear on [00:18:10] the timeline and the timeline that the [00:18:12] board is facing so for purposes of this [00:18:15] um the gaming commission is scheduled to [00:18:18] come out [00:18:19] um October 18th I believe am I correct [00:18:21] in that Angie [00:18:24] I believe they're coming out October [00:18:25] 18th from four to seven yeah yeah [00:18:28] um and that gaming commission is holding [00:18:31] their own hearing [00:18:32] it's a three-hour hearing at Hardwick [00:18:35] Elementary School [00:18:37] um so as part of the process they need [00:18:40] to conduct their own [00:18:42] that [00:18:43] do their own due diligence and that [00:18:46] isn't on the calendar yet so or [00:18:49] um [00:18:51] we don't we don't have a meeting that [00:18:53] night [00:18:54] scheduled either so [00:18:57] um Angie can you schedule meetings [00:19:00] yes okay [00:19:03] we should have that on schedule for us [00:19:05] as well as yeah and that that meeting [00:19:08] should go up on the calendar and [00:19:12] um Facebook just so that people are [00:19:14] aware of it [00:19:16] and obviously anyone on this call or [00:19:18] Zoom can spread the word too [00:19:22] so October 18th four to seven Hardwick [00:19:25] Elementary School [00:19:27] it's not a board of selectman meeting [00:19:28] it's a meeting that is although we are [00:19:31] posting it just to be conservative and [00:19:33] transparent [00:19:35] um it is not a meeting that we are it is [00:19:37] a gaming commission meeting [00:19:40] um [00:19:41] and so [00:19:43] um [00:19:43] and I think we um I know Nicole has been [00:19:46] in contact with the gaming commission [00:19:48] they have been very [00:19:51] um helpful with some of her questions [00:19:53] that she's raised [00:19:55] um and I look forward to hearing more of [00:19:57] what they have to say on that date and [00:19:59] to be able to answer any questions [00:20:03] um [00:20:04] I think [00:20:05] um [00:20:06] at this point I mean I think um Alex has [00:20:09] answered the questions that I think I [00:20:11] had and [00:20:13] um [00:20:14] posed by the both of you I can't imagine [00:20:17] this is our last meeting on the subject [00:20:21] um [00:20:22] and so [00:20:24] um I guess what is the you know [00:20:28] the agenda says discussion [00:20:31] um we can take a vote tonight [00:20:34] um if we wanted to although it is not on [00:20:36] the agenda we did say we would be [00:20:37] transparent about taking a vote but [00:20:40] given the 46 participants on the zoom [00:20:42] call I don't think as a board member [00:20:45] I've ever seen that many people in the [00:20:48] room I think there probably was some [00:20:50] anticipation that we were going to vote [00:20:52] on that [00:20:54] um even though we did were very [00:20:56] transparent about what our agenda would [00:20:57] say [00:20:59] um so what is the pleasure of the board [00:21:01] with regard to this issue [00:21:05] I would like to attend the um the gaming [00:21:09] commission meeting next week [00:21:12] and hear all that input from that [00:21:14] meeting [00:21:17] well I I would agree with you Kelly I [00:21:20] think [00:21:21] if anything it gives people some more [00:21:23] time to get [00:21:25] so maybe it will make them feel better [00:21:28] or worse I don't I [00:21:30] don't I I feel everybody's asked us to [00:21:33] take a moment [00:21:34] let them process it as much as [00:21:41] we need [00:21:43] I I don't disagree and there's been a [00:21:46] lot of concern in conversation relative [00:21:48] to 20 days they would be the folks that [00:21:52] could shed some light on that for us [00:21:54] perhaps also [00:21:56] um and so I do I do agree that um [00:22:01] I would I would like to hear what they [00:22:03] have to say on the 18th so from I [00:22:05] started to say from a timeline [00:22:08] um [00:22:09] perspective [00:22:10] um I believe [00:22:12] um Alex can you shed some light on the [00:22:15] timeline for this [00:22:18] in terms of the gaming commission having [00:22:20] their meeting on the 18th and we as a as [00:22:24] the board have to [00:22:26] um firmly vote on This I Believe by the [00:22:29] end of October [00:22:41] from the gaming commission about [00:22:44] their time requirement but I can get you [00:22:47] an answer on that [00:22:48] yeah I believe it was our understanding [00:22:51] that [00:22:51] um the process needed to be completed by [00:22:54] November 15th in in its entirety [00:22:58] um and [00:23:00] um I would think Madam chair that the [00:23:02] board could [00:23:03] um you know [00:23:04] one more meeting to vote after the [00:23:10] we do have a regularly scheduled meeting [00:23:13] on October 24th and we do have plenty of [00:23:15] time in the meantime [00:23:18] um although I I would imagine that um [00:23:21] from an applicant standpoint I I would [00:23:23] imagine [00:23:24] um you know [00:23:27] that we don't want to be on the deadline [00:23:30] um [00:23:34] so [00:23:35] um and again I I do see a sort of [00:23:38] comment in the chat about [00:23:39] um attending [00:23:42] um I'm glad that people are attending to [00:23:44] hear the discussion and was hoping that [00:23:46] people weren't attending because they [00:23:48] were thinking we were voting perhaps I [00:23:49] should have just clarified that a little [00:23:51] bit because we did say we would be [00:23:53] transparent and it would say vote on the [00:23:55] agenda so that those who are interested [00:23:57] in seeing how the vote went we will have [00:24:00] to vote at some point so [00:24:02] um that will be coming [00:24:04] um but um [00:24:05] [Music] [00:24:08] um so there is a question in the chat [00:24:10] from Judy and I am entertaining these [00:24:13] questions [00:24:14] um [00:24:16] um there is in terms of a special town [00:24:19] meeting I believe we only need [00:24:23] um is it I don't know if it's 7 or 14 [00:24:25] days or I think it's 14 for a special [00:24:27] seven for an annual [00:24:30] would this be an election or a or a town [00:24:33] meeting [00:24:35] it would be a special town meeting [00:24:39] so I don't think Ryan is on [00:24:41] to confirm [00:24:43] um [00:24:46] I can text them that would be great just [00:24:48] to confirm so we can answer the question [00:24:51] 14 for a special [00:24:54] that's what I thought thank you Keenan [00:25:00] so if we were to make a decision [00:25:02] um [00:25:03] if we were to make a decision I don't [00:25:05] know how that fits into the time frame [00:25:07] we'll need to get some more information [00:25:08] perhaps perhaps we can do [00:25:11] um since we do have a select men's [00:25:13] meeting [00:25:14] um on the 18th we can [00:25:17] um either speak briefly before or after [00:25:19] the gaming commission to just sort of [00:25:21] solidify that and get our timeline in [00:25:23] place [00:25:26] and we'll have concrete information [00:25:28] about [00:25:29] um confirmed with Ryan [00:25:31] on the timing of things [00:25:34] um Ryan did just confirm it is 14 and [00:25:37] he's trying to get into the meeting [00:25:39] okay [00:25:45] when it comes down to we vote [00:25:48] say we voted [00:25:50] we'll just throw the 24th out there and [00:25:52] please don't anybody take this as a real [00:25:54] date [00:25:56] if you use a number so we can work off [00:25:58] of numbers because Ryan asked us to be [00:26:00] careful about the holiday season [00:26:03] people moved forward [00:26:06] petition [00:26:07] so we gotta concern ourselves with the [00:26:10] time frame to be able to hold that [00:26:13] special town meeting [00:26:15] so say we did the 24th that puts us [00:26:19] then we would if they got the signatures [00:26:21] and say on our following meeting [00:26:24] we voted again [00:26:27] was it where does that put us is it the [00:26:30] 7th of November would that be the [00:26:33] following meeting actually be the 14th [00:26:35] is because we do don't we do second and [00:26:37] fourth [00:26:39] so all right [00:26:41] so yeah that'll be the 14th [00:26:45] um [00:26:46] so then basically we have 14 [00:26:49] days give or take from there [00:26:52] so that'd be putting us if the town [00:26:54] voted if they had to [00:26:57] we would be at a special town meeting [00:26:59] somewhere at the beginning of December [00:27:01] so I guess the time frame would fit [00:27:05] if [00:27:07] but we we need to be a little [00:27:09] I guess we just gotta be a little [00:27:11] cautious of what we're going to have for [00:27:13] our schedule [00:27:15] I agree [00:27:19] Brian has Ryan joined us [00:27:22] uh no yeah I've seen him on here yet oh [00:27:24] hi Ryan [00:27:27] hi Rob hi Ryan hi [00:27:30] so um thanks for confirming the 14 days [00:27:34] Ryan so a question has been asked [00:27:37] which is a good question [00:27:39] um in terms of petition I know you've [00:27:41] been [00:27:42] um made aware and provided the [00:27:45] appropriate information for someone if [00:27:48] they wanted to do the petition [00:27:49] question's been asked how much time do [00:27:51] they have to gather the signatures [00:27:53] that really doesn't it's it's it's [00:27:56] silent on it [00:27:58] um it really doesn't say [00:28:01] so from a time frame standpoint [00:28:04] um I believe that [00:28:06] um [00:28:07] I believe that [00:28:09] um [00:28:10] you know we're up we're up against a [00:28:12] November 15th deadline [00:28:13] um I you know what I I'd like John to be [00:28:15] able to speak for a minute just to the [00:28:17] deadline from the proponents standpoint [00:28:19] so we can understand uh John do you want [00:28:21] to unmute yourself and just give us an [00:28:23] idea of the timeline [00:28:26] so the timeline by Statute is the gaming [00:28:29] commission has until November 14 and [00:28:32] your decision is uh required for them to [00:28:36] make a decision so anytime before that [00:28:40] I would assume is [00:28:42] okay I mean obviously [00:28:45] um you're gonna think of the logistics [00:28:48] and everything else but I think that [00:28:50] whatever time you need to answer [00:28:52] whatever questions you have you should [00:28:54] take [00:28:57] thank you John [00:29:02] you were you were talking about a [00:29:04] special town meeting is this something [00:29:05] separate from this potential vote that [00:29:10] you're taking regarding the location [00:29:12] so what we what you missed a little bit [00:29:14] on Ryan was we're talking about the [00:29:15] process so that folks on the uh we're [00:29:18] trying to be sort of transparent and [00:29:19] talking about the process so if the [00:29:21] board chooses to vote Yes to support [00:29:24] this [00:29:25] um location and [00:29:27] um townspeople [00:29:29] um want to file a petition to bring this [00:29:33] do a town vote that's sort of the [00:29:35] process we're talking about [00:29:38] so for everybody the [00:29:41] the Mass General Law chapter one [00:29:44] one two eight a section 13a13a [00:29:49] in a nutshell [00:29:51] hypothetically if you vote to approve [00:29:55] the location [00:29:58] 12 of the registered voters [00:30:00] can file a petition with my office [00:30:04] the time frame in which they have to do [00:30:06] it I have not been able to find [00:30:09] however [00:30:11] 14 excuse me 12 right now is [00:30:14] approximately 235 [00:30:17] um I have I believe a number of days [00:30:19] five days to certify it I and this is [00:30:22] something I wanted to run by Nicole or [00:30:25] yourself to get some clarification but [00:30:27] again might be putting the proverbial [00:30:30] cart before the horse [00:30:33] um you know if a vote hasn't been taken [00:30:35] so it is 45 days from the submission of [00:30:39] that petition if you were not to resend [00:30:42] your vote hypothetically again you vote [00:30:44] in favor of the location the 12 of the [00:30:47] registered voters file the petition with [00:30:49] my office I certify the names or certify [00:30:51] the total or certify the percentage [00:30:53] you are required to immediately [00:30:56] reconsider your decision if you rescind [00:30:59] it end of end of the story it's the [00:31:01] decision is no longer valid if you don't [00:31:05] then a special election must be held [00:31:08] within 45 days of the submission of the [00:31:11] petition and the question that I [00:31:13] certainly have is is the 45-day clock [00:31:16] the submission of the petition to me or [00:31:19] is it the submission of the petition to [00:31:21] you after I've certified the signatures [00:31:23] bottom line is we're looking at no later [00:31:25] than 45 days after you guys vote if you [00:31:29] vote in the affirmative that would have [00:31:30] to be having a special election which [00:31:33] would be putting us right in the middle [00:31:34] of December so it's an election not a [00:31:37] meeting [00:31:41] it's an election a special election [00:31:48] so [00:31:50] so for purposes of the election [00:31:52] um there would be a ballot um item there [00:31:55] would be a there would be a ballot there [00:31:56] would be a question I would certainly [00:31:58] work with Secretary of State in the [00:31:59] Shell Towson area I mean it's pretty cut [00:32:01] and dry it's basically you know the the [00:32:04] question presented to the version would [00:32:06] be something along the lines of call the [00:32:08] town vote to approve of the decision [00:32:10] made by the board of Selectmen yada yada [00:32:13] yada on such a data proofing [00:32:15] you know the the the vote if a majority [00:32:18] vote the affirmative then then it it's [00:32:22] it's on if they vote in the negative [00:32:23] then it's [00:32:25] um it's seceded [00:32:29] thank you Ryan [00:32:31] so Julie I'm sorry I couldn't get I'm [00:32:33] sorry I wasn't able to get on until just [00:32:34] now no no that's fine this has been [00:32:36] perfect we really haven't [00:32:39] of course we always need you on the [00:32:40] meeting but we haven't really needed [00:32:41] your expertise until right now so [00:32:43] perfect timing so there was a question [00:32:45] in the chat [00:32:46] um [00:32:47] and and and so let's be clear [00:32:51] um let's be clear that the board of [00:32:53] Selectmen what we are charged with as [00:32:56] elected officials you elected us is to [00:32:58] do what's in the best interest of the [00:33:00] town that does not mean that we are [00:33:04] um [00:33:05] I think the three of us are doing the [00:33:07] best we can with gathering information [00:33:09] hearing people's concerns [00:33:13] um it does not mean that we are on [00:33:14] anybody else's timeline but ours [00:33:18] it is we're being mindful of the [00:33:20] timelines that are um set out by the [00:33:24] gaming commission by the applicant we're [00:33:27] doing our due diligence to make sure [00:33:28] that we understand the timelines doesn't [00:33:31] mean we have to follow it [00:33:33] but I just want to we want to be clear [00:33:35] that everybody understands what the [00:33:36] timelines are so I know that was in the [00:33:38] chat I hope that answers the question [00:33:41] um we are on our own timeline [00:33:44] um [00:33:45] but certainly respectful anyone you know [00:33:48] coming through to the town should be [00:33:50] treated with respect regardless of how [00:33:52] you sit on the issue and we're trying to [00:33:54] be respectful of what's in front of us [00:33:58] um [00:33:59] so again [00:34:01] um I think the three of us are of the [00:34:03] mind that we are delaying a vote on this [00:34:07] until we've heard more information [00:34:11] um [00:34:12] uh at the gaming commission meeting on [00:34:14] the 18th and [00:34:16] um [00:34:17] and then we certainly can reconvene [00:34:20] another meeting that week if we feel [00:34:21] it's that important that we should do [00:34:23] that outside of our meeting on the 24th [00:34:26] we do have the ability to do that at any [00:34:28] time [00:34:29] um do we feel that the 24th is [00:34:32] um the date that we would you'd feel [00:34:34] comfortable at least tentatively coming [00:34:36] to a vote on this [00:34:37] [Music] [00:34:42] oh if you're looking for opinions I um [00:34:46] I have spent the weekend reading all the [00:34:50] emails that have come in come in and [00:34:51] doing my own research and following up [00:34:55] with anyone that has reached out [00:34:58] um [00:34:59] and I do you know I do feel that we are [00:35:02] you know we paused last week and for [00:35:06] everyone to be able to [00:35:09] um get answers ask questions [00:35:11] and I think that um [00:35:14] I I think it would be feasible to [00:35:17] vote on the 24th [00:35:22] I was at least I'd have to agree with [00:35:24] you Kelly [00:35:25] at this point [00:35:27] I mean we're trying to get some answers [00:35:29] as I think we're getting them [00:35:33] assumed that we would have [00:35:35] an iPhone that we would we could move [00:35:37] forward [00:35:45] I don't disagree [00:35:47] yeah and I I um and maybe we do want to [00:35:51] um have our another so there's a lot of [00:35:54] Joy [00:35:55] questions that are [00:35:57] coming [00:36:00] um policing and Staffing those will be [00:36:03] addressed by I'm gonna turn my video off [00:36:06] if you don't mind because the internet [00:36:12] are not um become um some of the [00:36:15] questions that are being asked are [00:36:16] really uh um items that would be dressed [00:36:18] addressed to the host Community [00:36:19] agreement [00:36:21] um [00:36:25] so I think we would talk about those [00:36:27] concerns down the road certainly can [00:36:28] talk about them now [00:36:30] um but I think those would be more uh [00:36:33] appropriate for [00:36:35] um the um [00:36:40] um sorry the host Community the chat [00:36:43] discussion is a little distracting so I [00:36:44] apologize I'm trying to read them all to [00:36:47] make sure that we're answering them [00:36:49] um [00:36:50] so in terms of the format for this [00:36:52] meeting the board has been meeting very [00:36:55] very frequently this it was intended to [00:36:57] not be a long drawn out meeting and [00:37:00] that's why it's on Zoom so I appreciate [00:37:02] that we want to have them in person but [00:37:05] um [00:37:06] this is public it is going to be [00:37:08] recorded Hardwick TV it is being [00:37:10] recorded Hardwick TV is recording so it [00:37:12] will be available on our YouTube channel [00:37:14] for anybody to watch [00:37:16] um [00:37:19] uh email addresses [00:37:21] um I believe the ones that are on the [00:37:23] town website are accurate for us [00:37:26] um they are available through Nicole so [00:37:29] you can certainly see or Angie [00:37:32] um they both have our email addresses so [00:37:34] you can certainly I don't have a problem [00:37:36] putting mine up in the chat I will put [00:37:38] it up in the chat [00:37:40] um as I did mention [00:37:42] um I am reading your emails I am not [00:37:44] able to respond to them I'm fortunately [00:37:47] in the middle of tax season but I do [00:37:50] hear all of your comments and I do hear [00:37:52] all of your concerns and I know the [00:37:54] other board members are reviewing them [00:37:56] as well I will respond back to them as [00:37:58] soon as I can but I am receiving them [00:38:00] all we all are receiving them so um we [00:38:03] appreciate that feedback [00:38:06] foreign [00:38:10] agreed about the police that would be [00:38:12] something for any of you who have [00:38:15] followed sort of our prior [00:38:16] post-community agreement discussions [00:38:19] um we do have a lengthy conversation [00:38:21] about Security Police all those kinds of [00:38:24] things that go into the agreement before [00:38:27] it is approved so yes absolutely it is [00:38:30] important [00:38:31] um that would be something that would be [00:38:33] discussed at that point [00:38:39] so I put my email up in the chat you can [00:38:42] feel free to use that [00:38:44] um [00:38:44] I previously did have my work email up [00:38:48] there but I can tell you that I probably [00:38:49] got 75 emails today and trying to sift [00:38:52] through that in client emails is a [00:38:54] little challenging so I'm going to [00:38:56] redirect you to my personal email just [00:38:58] to make it a little easier [00:39:07] I guess I'll certainly I'll even put my [00:39:09] phone number up so you can text if you'd [00:39:10] like Kelly and Rob you guys can feel [00:39:12] free to do that or not do that that's [00:39:14] entirely up to you [00:39:22] any other discussion on this topic [00:39:28] um it is 7-Eleven [00:39:31] um we have one more thing to talk about [00:39:32] would the board [00:39:34] um I did say that this purpose of this [00:39:36] meeting was a discussion for the board [00:39:38] there are 45 people on so [00:39:42] um perhaps we can if we can get through [00:39:44] the polling place designation we can [00:39:46] take a very few minutes to answer any [00:39:48] questions that haven't been asked is the [00:39:51] board okay with that [00:39:57] that's fine okay I think how how you're [00:40:00] doing it right now with the chat is is [00:40:03] nice instead of people trying to talk [00:40:05] over one another [00:40:06] so why don't we do that we can um we're [00:40:09] gonna continue moving on [00:40:11] um [00:40:14] um we can gonna continue on with the [00:40:16] meeting do our polling place and then [00:40:19] certainly take a look at the items in [00:40:21] the chat so we can try to adjust thrust [00:40:23] them so Ryan did you want to speak to [00:40:26] the polling place designation for the [00:40:28] state election [00:40:31] Julie it's uh just standard boilerplate [00:40:34] the motion that I sent to you just that [00:40:37] it needs to be designated by I believe [00:40:39] the [00:40:40] uh I believe the 19th or the 15th I [00:40:43] don't I don't have it right in front of [00:40:44] me so that's why I put it for this [00:40:46] meeting because just please designate [00:40:49] the elementary school as the towns uh [00:40:52] polling location for the interstate [00:40:54] election [00:40:57] um [00:40:57] emotion Julie if you're ready that'd be [00:41:00] great thank you I moved the board [00:41:02] designate the Hardwick Elementary School [00:41:04] 76 Schoolhouse drive as the town of [00:41:07] Hardwick's polling location for the [00:41:09] November 8th 2022 state election [00:41:13] foreign [00:41:20] it's been moved and seconded any other [00:41:22] discussion [00:41:24] hearing none I'll call the roll Kelly [00:41:27] aye [00:41:28] Rob [00:41:30] bie [00:41:31] and Julie is an eye also [00:41:36] okay thank you all very much Julie I'll [00:41:37] stay on [00:41:39] your automated thank you I appreciate it [00:41:43] so I'm just quickly reading through [00:41:48] foreign [00:41:53] so again there was a question about [00:41:54] whose timeline we're on just reiterating [00:41:56] we're on the board's timeline [00:41:59] it is um Alex didn't say Town election [00:42:03] that is corrected special Town election [00:42:11] we talked about the police voicing their [00:42:13] opinions [00:42:14] um to my knowledge they have not [00:42:17] um perhaps they've gone to the [00:42:19] proponents and the promotes have to talk [00:42:22] to them directly I am not aware of that [00:42:24] directly but we certainly would be [00:42:26] having those Communications before [00:42:28] approving or denying any host Community [00:42:30] agreement [00:42:34] we've talked about the zooms and we'll [00:42:36] do the best we can to have things in [00:42:38] person [00:42:40] I think pretty much all of us have put [00:42:42] our contact information in the chat so [00:42:44] hopefully you can see it anybody who [00:42:46] can't see the chat [00:42:48] um you can reach out to Nicole or [00:42:51] um [00:42:53] um Angie to get our email information [00:43:08] um so there's a question relative to an [00:43:10] outline of due diligence topics covered [00:43:12] will any due diligence be provided in [00:43:14] report form for distribution when and do [00:43:17] you need any help so I'm not sure in [00:43:21] terms of due diligence topics [00:43:24] um [00:43:25] I'm not sure there was an FAQ that we [00:43:28] talked about earlier acknowledging the [00:43:29] state of that that will be out there I'm [00:43:31] not sure if that's what your [00:43:33] I'm referring to in report form [00:43:36] or if there's something else that you [00:43:38] are um [00:43:40] referring to so if you want to follow up [00:43:42] in the chat [00:43:47] so there was a comment about why are the [00:43:50] residents of Barry Road and upper church [00:43:51] not being directly consulted I'm not [00:43:53] worried about John's schedule [00:43:55] um we are we are mindful of the schedule [00:43:59] that doesn't mean that we're worried [00:44:01] about it and that doesn't mean we'll [00:44:02] make the schedule we're trying to be [00:44:04] factual and understand what the timeline [00:44:07] is [00:44:08] um [00:44:09] I I'm fairly certain [00:44:11] um that we've not excluded anybody [00:44:15] um from the um the conversation [00:44:19] um listen to [00:44:21] um I'm fairly certain that probably both [00:44:23] Rob and Kelly [00:44:25] um and myself as well have had Direct [00:44:27] conversations with folks all over town [00:44:31] um [00:44:32] under understanding Barry Road and upper [00:44:34] church I think the folks of Barry Road [00:44:37] and upper Church were fairly well [00:44:38] represented in the Forum [00:44:41] um and heard a lot of the concerns [00:44:42] relative to that happy to have a [00:44:45] conversation with anybody relative to [00:44:48] that anybody on Berry Road and upper [00:44:50] church and I'm sure the same for Kelly [00:44:51] and Rob I don't want to speak for them [00:44:53] but I'm sure the same for them relative [00:44:55] to your concerns [00:45:03] um we are in receipt of address draft [00:45:05] host Community agreement [00:45:07] um the board has not reviewed it it will [00:45:09] not be public document until the board [00:45:12] acknowledges receipt of it and we start [00:45:13] working on it [00:45:15] um so that hopefully that answers the [00:45:18] question [00:45:20] um we [00:45:21] um the host Community agreement and [00:45:24] again Alex perhaps you want to weigh in [00:45:26] on this the host Community agreement [00:45:28] follows the vote the vote is the first [00:45:30] step I believe and so [00:45:33] um [00:45:34] from a procedural standpoint and this is [00:45:37] not John's group requiring this this is [00:45:40] procedure under statute that we have to [00:45:42] vote the location first [00:45:45] um and then the other things follow so [00:45:49] um that's right sure [00:45:52] thanks Alex [00:46:01] anything else [00:46:04] um [00:46:05] any other comments or anyone want to put [00:46:08] anything in the chat that we haven't [00:46:09] answered [00:46:25] so there's a chat a comment in the chat [00:46:27] 128 does not require an HCA so can be [00:46:30] before your boat and should be Alex is [00:46:32] that accurate [00:46:38] sure [00:46:39] agreement [00:46:41] but part of the [00:46:45] like Community agreement be in effect so [00:46:49] you know my recommendation would be that [00:46:51] the host Community agreement [00:46:53] be negotiated after a vote on whether to [00:46:56] approve the location [00:47:00] right from a procedural standpoint if [00:47:02] the board chooses to vote no the HCA is [00:47:06] a moot point [00:47:09] um I it would make sense that that would [00:47:11] be procedurally [00:47:12] agreed Alex John John [00:47:16] oh I'm sorry John [00:47:19] I would just add to that that the gaming [00:47:21] Commission in other communities has made [00:47:24] and I would assume that the board of the [00:47:27] select board would make an HCA approval [00:47:30] a condition of any vote you take meaning [00:47:33] your vote doesn't become effective until [00:47:35] the HCA is approved so it's the timing [00:47:38] of it doesn't really matter because you [00:47:41] you'll condition one on the other [00:47:46] Alex did you want to speak to that [00:47:54] [Music] [00:48:01] um that's Ryan [00:48:04] um can I just can I just hit the second [00:48:06] part of this just before we get off that [00:48:08] topic so Alex the question was asked Can [00:48:10] you cite where that is in the law [00:48:16] it's a requirement of the gaming [00:48:18] part of the gaming commission regulation [00:48:22] I mean I could for you okay [00:48:26] so that's something we get answered on [00:48:28] the 18th Maybe [00:48:30] sure that yeah I'm sure [00:48:37] Andy do you have the contact at the [00:48:39] gaming commission that [00:48:41] um Nicole was speaking with I do not but [00:48:44] I will look through her emails and see [00:48:45] if I can find anybody okay so can you [00:48:48] send me that contact and I'll make sure [00:48:50] that we have these questions prepared [00:48:52] for them [00:48:53] just so that we have the appropriate [00:48:55] answers [00:49:00] um question relative to rezoning the [00:49:02] property needs no rezoning to proceed [00:49:04] right thus there's no there's likely to [00:49:07] be no Town election on the matter unless [00:49:09] it's driven by the petition following [00:49:11] the board of selectman ok of 13A [00:49:15] um [00:49:17] uh foreign could choose as other towns [00:49:21] have to have a town vote first right so [00:49:23] I'm not sure if you were on but it was [00:49:25] mentioned that [00:49:27] um [00:49:28] I think Rob asked a question of Alex [00:49:30] about uh site review I'm probably not [00:49:34] saying it correctly by the button review [00:49:36] Saipan reveal which would go in front of [00:49:39] the planning board [00:49:41] um so he did reiterate his [00:49:44] um opinion that there would be no Town [00:49:46] vote required [00:49:48] um the second part of the question is [00:49:51] um [00:49:53] the board of selectment shoes as other [00:49:55] towns have to have a town vote [00:49:59] rather than I'm presuming you're saying [00:50:01] rather than [00:50:04] um have the board of selection the board [00:50:06] of selection Board of Selectmen vote on [00:50:09] it [00:50:10] um [00:50:11] I'm presuming that's what the question [00:50:14] was referred to [00:50:15] so to summarize could the board defer [00:50:18] not vote and send it to town meeting for [00:50:20] a vote [00:50:26] it is I'm sorry Alex [00:50:31] um the under the statute it is only the [00:50:34] board of Selectmen that has the [00:50:35] authority [00:50:36] whether or not to approve in the first [00:50:39] instance [00:50:41] and then the procedures for [00:50:43] reconsideration and or ballot question [00:50:46] would kick in [00:50:50] thank you thank you for the contact [00:50:52] information Ryan for the gaming [00:50:54] commission [00:50:55] um so [00:50:57] um there is a comment relative to a [00:51:00] posting on the Hardwick virtual common [00:51:03] um that we're continuing to work on in [00:51:05] HCA we have received a draft HCA this [00:51:09] board has done no work on the draft HCA [00:51:12] at this point we are just in receipt of [00:51:14] it [00:51:16] so there's nothing to put on hold yet [00:51:18] because we haven't started anything [00:51:25] so um HCA is a cannabis term are we [00:51:28] really discussing the pilot [00:51:30] um there's a section in a law regarding [00:51:32] impact fees negotiated special terms [00:51:34] conditions this is another round of [00:51:36] negotiating requiring discussion agreed [00:51:40] um I don't know what the term is we call [00:51:42] it a host Community agreement just [00:51:43] because that's what we're used to is [00:51:45] that the correct terminology for it Alex [00:51:47] yes it is okay [00:52:03] um there's some commentary on here [00:52:18] if they buy land from a private resident [00:52:21] for the purpose of creating a paved [00:52:22] parking lot can the butters of that [00:52:24] private property not permit that sale to [00:52:26] happen if so then what happens to their [00:52:28] plan [00:52:35] I [00:52:46] um [00:52:47] um Madam chair that's [00:52:49] it's really more of sort of a private [00:52:51] property dispute type question [00:52:56] that I [00:52:57] am not really comfortable answering [00:53:00] um I'm half of a private resident okay [00:53:02] so [00:53:04] um understood [00:53:06] um so I'm going to I believe that [00:53:10] um all of these I just want to make sure [00:53:11] we catch every everyone's comments in [00:53:13] the chat [00:53:15] um [00:53:28] I thought you got everybody Julie do we [00:53:31] know if there is um this is procedurally [00:53:33] and I'm just because I don't is there a [00:53:35] way to print the chat [00:53:38] just so we can make sure we have it [00:53:41] and save it [00:53:44] if you click on the little [00:53:46] three little tabs you can save it [00:53:56] I don't know where it saves it to though [00:54:02] I'm sorry [00:54:05] Angie can you try to save the chat just [00:54:07] so we make you caught all these oh okay [00:54:10] same chance [00:54:16] chat [00:54:20] okay I do have it [00:54:23] okay it goes in like some document it [00:54:26] does I have it I just want to be sure we [00:54:28] have all the chat stuff saved perfect [00:54:31] um [00:54:32] so I'd like to end at 7 30. [00:54:35] um [00:54:36] thank you Cara [00:54:39] we figured it out finally [00:54:42] um [00:54:43] the community host agreement is voted on [00:54:45] by the board of Selectmen [00:54:47] and I believe Alex can you comment on [00:54:49] that the other [00:54:51] um comment is um can it be deferred to [00:54:55] um [00:54:56] uh town meeting [00:54:59] uh no Madam chair that's [00:55:02] border select me needs to approve my [00:55:04] opinion [00:55:05] has been has been done in the past the [00:55:08] um Community host agreement has been [00:55:10] approved by the board previous have been [00:55:12] approved by the board of selectman [00:55:17] um I thought this was an agricultural [00:55:18] use as required by the APR but it [00:55:20] requires a special permit because it is [00:55:22] not agricultural is that correct [00:55:27] um part of the use is agricultural [00:55:30] um [00:55:32] there are other aspects of the use that [00:55:34] may fall under a different type of use I [00:55:36] believe the so zoning bylaws speaks to [00:55:39] an out [00:55:40] use [00:55:41] that um [00:55:43] acquire a special permit as much [00:55:47] thank you [00:55:48] Ryan I didn't let you speak earlier I [00:55:50] apologize and [00:55:52] um did you have some a question or [00:55:54] something you wanted to say [00:55:56] that's quite all right jewelry I I uh [00:55:59] Madam chair as well um you were letting [00:56:01] the flow go so I certainly understand [00:56:04] I just wanted to get some clarification [00:56:05] if possible from Council [00:56:09] if you vote [00:56:12] approve a location contingent upon [00:56:16] um acceptance of an HCA I'm just [00:56:18] wondering how that impacts I'm I'm just [00:56:21] I'm looking at again the 128 a 13 a hole [00:56:24] petition basically when they file a [00:56:26] petition that suspends any action that [00:56:28] you've taken so I I just don't know if [00:56:31] she can comment or or follow up at a [00:56:34] later date what a vote you guys the [00:56:37] board takes in regards to [00:56:40] um contingency you know the what impact [00:56:44] that has on any filing of a petition [00:56:50] um it's a good question Ryan I'll I'll [00:56:52] look into that my [00:56:55] um my inclination is is that the uh you [00:57:03] forward but I'll I'll give that some [00:57:06] more thought and um [00:57:08] get your formal opinion on that issue [00:57:12] thank you Council thank you madam chair [00:57:15] thank you Ryan for your patience [00:57:18] um so the question came up will 10 24 [00:57:19] meeting be Zoom only [00:57:22] um I don't believe so we are holding our [00:57:23] meetings in person now this is a [00:57:26] non-scheduled meeting for us [00:57:29] um uh we had our meetings last week we [00:57:32] are doing it on Zoom because our touted [00:57:34] administrator [00:57:44] yeah [00:57:46] Emily you froze up [00:57:48] the chat is reviewable you can scroll up [00:57:51] and down on it on the right hand side if [00:57:54] you click on the three dots on the [00:57:55] bottom [00:57:57] I'm once again shut my video off because [00:57:59] of issues [00:58:02] um [00:58:02] you can click the three dots to say save [00:58:04] chat we will make sure the chat is [00:58:06] available for public [00:58:09] um consumption [00:58:11] um [00:58:15] most Community agreements and mitigation [00:58:17] fees are for gaming casino [00:58:20] not horse race tracks there is nothing [00:58:24] in the regs or statute for that there's [00:58:26] never been a racetrack license approved [00:58:28] by the gaming commission only in the [00:58:30] past some legal one not by the prior [00:58:32] race racing Commission [00:58:36] I don't know if you have anything to add [00:58:38] to that Council [00:58:47] license is issued that [00:58:49] the agreement [00:58:52] [Music] [00:58:54] thank you [00:58:59] um I have it's close to 7 30 so I'll [00:59:02] entertain a couple more questions in the [00:59:03] chat if adjacent properties are [00:59:05] purchased by the racetrack then made [00:59:08] into extended uses of the drace track [00:59:10] with those properties need rezoning I [00:59:12] think that's a question for probably the [00:59:15] planning board [00:59:17] um to answer so we can certainly get a [00:59:19] follow-up answer to that [00:59:22] to make sure that we're answering your [00:59:23] question properly [00:59:27] I don't think anybody from the planning [00:59:29] board is on [00:59:40] is this property classified under [00:59:42] chapter 61a the property has to be [00:59:44] offered to the town right question mark [00:59:51] I'm not sure about the whether the [00:59:54] property is so designated but I'm sure [01:00:01] so again we probably from a procedural [01:00:04] standpoint we can get the answer to that [01:00:06] question as well [01:00:09] thank you [01:00:12] Kelly or Rob do you have anything [01:00:14] um [01:00:17] that you want to add or discuss [01:00:23] I'm good Julie [01:00:27] um [01:00:28] I guess [01:00:29] I just add that [01:00:31] that I think people should attend the uh [01:00:33] the commission hearing [01:00:36] seems [01:00:38] some of these technical questions would [01:00:40] be [01:00:42] answered there [01:00:43] probably give us some clarification on [01:00:46] what [01:00:47] what the town is actually looking at [01:00:48] from the state standpoint [01:00:52] and then that [01:00:56] nothing [01:00:57] unless you want to move to adjourn well [01:01:00] there's one so there was one question in [01:01:02] the chat that I think we should answer [01:01:04] um where will you offer answers to the [01:01:06] questions that have not been answered [01:01:07] tonight [01:01:07] um we'll do our best to get them [01:01:09] answered [01:01:10] um [01:01:11] between now and [01:01:13] um [01:01:14] next week [01:01:16] um and we'll do our best to post them [01:01:17] we've tried to be very very transparent [01:01:20] so perhaps Angie you can um Champion [01:01:23] getting [01:01:24] um these things answered by Council or [01:01:27] our other professionals on our team [01:01:30] um [01:01:31] and get those available [01:01:33] um we will do the best we can with [01:01:35] getting them out on a Harvard virtual [01:01:36] common or getting them out in public [01:01:39] forum similar to the FAQs [01:01:42] um I have a couple more questions I'll [01:01:44] entertain I have two that are um that [01:01:47] have just come up and we'll entertain [01:01:49] those and then I'll call for a motion to [01:01:50] adjourn [01:01:52] um do you know if there's an opportunity [01:01:53] to submit questions to the gaming [01:01:54] commission prior to the meeting [01:01:57] um we are going to give them a primer on [01:02:00] some of the questions that have been [01:02:01] asked tonight to make sure that they [01:02:03] come with those questions [01:02:05] um but certainly we'll be in contact to [01:02:07] make sure that we know that answer [01:02:10] um and certainly we can put something [01:02:11] out on the virtual common that you can [01:02:14] forward those questions in and we'll [01:02:16] make sure that they they get to the [01:02:17] appropriate person for answers [01:02:24] um last question does this APR this is [01:02:26] an early one container writer first [01:02:28] approval or right to purchase at AG [01:02:31] value as do recent aprs I'm not sure we [01:02:34] know the answer to that so we unless [01:02:37] somebody on the [01:02:39] the zoom meeting knows [01:02:41] um we will need to get an answer for you [01:02:42] on that question [01:02:45] yeah I would need to review that [01:02:47] document [01:02:50] so um Alex we'll make sure that we send [01:02:53] you the chat so that you have sort of [01:02:55] your marching orders and open questions [01:02:58] so we can get those answered [01:03:01] um and then as soon as those are [01:03:02] available we will get them publicly uh [01:03:05] posted [01:03:08] sounds good to me thank you thank you [01:03:12] um so it is now 7 33. [01:03:15] um I appreciate [01:03:18] um [01:03:18] everyone attending the meeting [01:03:21] um it's nice to see so many people [01:03:24] um clearly uh um a topic that [01:03:27] um everyone is interested in so um [01:03:30] rightly so so [01:03:32] um [01:03:33] I will entertain a motion to adjourn [01:03:37] make a motion [01:03:42] is there a second [01:03:45] second all right so it's been moved and [01:03:48] seconded by both Kelly and Rob [01:03:51] um I just wanted to say before we [01:03:52] formally adjourn I wanted to thank Alex [01:03:54] for attending I want to thank everyone [01:03:56] for your comments and [01:03:58] um questions that you put in the chat we [01:04:01] will follow up with information as soon [01:04:03] as we have it uh thank you John for [01:04:05] attending the meeting and also thank you [01:04:08] to Fuji for running the meeting you did [01:04:10] a great job uh now that we know you can [01:04:13] do it [01:04:14] um [01:04:16] uh thank you everybody [01:04:19] I hope to see you all watch for the [01:04:21] information on the gaming commission [01:04:22] meeting posting and [01:04:25] um hope to see you all there [01:04:29] thank you