===PAGE 1=== Lunenburg Park Commission February 3, 2026 page of 41 Town of Lunenburg Park Commission Karin Menard, Chair 978.582.4146 Chris Sullivan, Vice Chair 960 Massachusetts Ave Marianne Mascari, Member Lunenburg, MA 01462 Colleen Shapiro, Member Town of Lunenburg Park Commission Meeting Minutes Remote via Zoom Tuesday, February 3, 2026 – 10:00 a.m. Members Present: Chair Karin Menard, Vice-Chair Chris Sullivan, Member Colleen Shapiro, Member Marianne Mascari Members Absent: None OPEN MEETING Chair K. Menard called the meeting to order at 10:02 AM. Chair K. Menard informed attendees that the meeting was being recorded and would be uploaded to YouTube after the meeting. She explained that the agenda listed topics that may be discussed, but not all items may be addressed, and other items not listed could be brought up as permitted by open meeting law. BOARD & PUBLIC COMMENT None. LUNENBURG SKATE PARK – DISCUSSION WITH SKATE PARK GROUP AND LEGAL COUNSEL(S) ON SKATE PARK CONSTRUCTION AND LEGAL DOCUMENTS Anthony Caiozzo and Griffin Caiozzo stated that they are on the Lunenburg Skate Park Board of Directors. Steve Powell and Greg Roy stated that they are assisting with the Lunenburg Skate Park Efforts. Thomas Bodkin stated that he is the legal counsel for the Lunenburg Skate Park Board of Directors. Town Manager Jennifer Warren-Dyment, Select Board Chair Caesar Nuzzolo, Town Counsel Adam Costa, and Recreation Director Christopher Ruth introduced themselves. K. Menard provided an update as to why the meeting is occurring. K. Menard stated that there needs to be a final price so that the Lunenburg Skate Park Board Members have a number for bonding purposes. K. Menard stated that Lunenburg Skate Park is also proposing a new way to handle bonding for the project. ===PAGE 2=== Lunenburg Park Commission February 3, 2026 page of 42 K. Menard stated that she provided a document yesterday from Dillis and Roy. K. Menard stated that this project is not a Town project, and it is being done by a private entity on public land. K. Menard asked if the final project price provided by Dillis & Roy, if it was completed outside of the private sector, as $1.14 Million. G. Roy stated that $1,143,705.60 is the estimate if it is completed within public sector regulations and procurement laws. K. Menard stated that within the documents provided to the Commission, the subtotal is $914,964.48 with a mobilization/demobilization price of 5%, and engineering services during bidding, construction, and administration price of 10%, and a contingency of 10%. J. Warren-Dyment stated that evaluating the bond has been difficult because the project is not something that the Town has been working with the design team on. J. Warren-Dyment stated that the Town does not have consultants advising the Town on this project because the Town can’t have that level of involvement, because it is not a Town project. J. Warren-Dyment stated that she researched other projects recently done by municipalities. J. Warren-Dyment stated that the estimated $1.5 million bond that the Town proposed was sufficient. J. Warren-Dyment stated that the DPW Director and the Recreation Director did not believe that the estimates made by the Lunenburg Skate Park Board of Directors were reasonable. C. Ruth agreed with J. Warren-Dyment and stated that the proposed Town estimate of $1.5 million is more reasonable. C. Ruth noted that if the project had to be taken over by the Town, it might incur additional costs. J. Warren-Dyment stated that the Town does not have a true estimate because the Town does not have a design team working on this project. G. Roy stated he is providing pro-bono work on behalf of the Skate Park Board of Directors and is providing a typical analysis of this type of work. A. Costa stated that this decision is based on the Park Commission’s discretion and is not that different from a private subdivision project. A. Costa stated that the Town would need to step in to complete the infrastructure project. A. Costa stated that the Commission has a fiduciary duty to ensure that it is comfortable with the data that is being received and that it’s going to be relying upon and determining the amount of the bond that it’ll demand. J. Warren-Dyment reiterated that the Town does not have consultants for this project because the Town cannot have that level of involvement. A. Costa agreed and stated that the Town cannot dictate parameters of the project at issue and cannot inextricably intertwine itself with the day-to-day construction of this project. A. Costa stated that if the Commission has funds to engage a third-party consultant to review the Dillis & Roy estimate and the sources of information that he’s relying upon in issuing the estimate, the consultant can simply advise the Park Commission whether the estimate is high, low, or appropriate. K. Menard asked C. Ruth if the Park Commission has funds for this review. C. Ruth stated that he could find the funds needed within the revolving account; he estimated that this would cost roughly $3,000. M. Mascari noted that, besides the monetary cost, there is the cost of valuable time to this project. M. Mascari stated that this project's development is different from other projects. M. Mascari stated that the ===PAGE 3=== Lunenburg Park Commission February 3, 2026 page of 43 people involved with this project have been committed over the years, and she believes they are acting in good faith. C. Shapiro stated that she believes in the good intentions of the estimate from Dillis and Roy. C. Shapiro stated that, from her experience working on other boards and commissions in the Town, it's important that due diligence be conducted for a project. C. Shapiro stated that she believes the Commission should ensure that there is minimal liability to the Town. C. Sullivan stated that he is concerned about whether the Commission has the funds to conduct the review. C. Sullivan stated that he has faith and trust in the group that is putting forward the project. K. Menard stated that there are funds available for review if the Commission decides. G. Roy stated that he does not disagree with A. Costa’s review of the issue. G. Roy stated that reviews are common. G. Roy stated that some municipalities review the estimates internally. C. Ruth stated that the project is private, not a Town project. G. Roy described how the project developer asks that some of the bond be released once a portion of the project is complete. A. Costa stated that he doesn’t necessarily agree with G. Roy’s perspective from a subdivision example and standpoint. A. Costa stated that within the context of the Skate Park project, the contract states that the full surety shall remain in effect for the duration of the project and for a period of 12 months following the completion of the project. A. Costa stated that the surety includes construction and a full year of operation of the Skate Park. J. Warren-Dyment stated that if the Town acquires project responsibility partially through construction, and the rest of the project goes out to bid, she stated that it could have a real impact on what bids we receive back. J. Warren-Dyment acknowledged her concern. K. Menard stated that she echoes the concern of J. Warren-Dyment. K. Menard described a project 20 years ago to complete the turf field at the High School. K. Menard stated that the project was initiated by well-intentioned volunteers who could not come up with the funds fast enough to complete the project. K. Menard stated that in that situation, the Town Meeting allocated funds to complete the project. K. Menard stated that the Town’s financial outlook is very different from 20 years ago, and she is concerned that the project may not be funded. K. Menard stated that she would consider an independent review of the estimate. M. Mascari stated that she would be comfortable with a peer review that may delay the project for four weeks. C. Shapiro stated that she agrees with M. Mascari. C. Sullivan stated that he agrees with the other Commission members. C. Sullivan stated that this is not a reflection of the work done by the volunteers who are organizing the project. C. Sullivan moved to request that the Facilities Director obtain a peer review of the project with an allocation of $6,000. Seconded by C. Shapiro. Call for the vote: C. Sullivan-aye, C. Shapiro-aye, M. Mascari-aye, K. Menard-aye. The motion passed unanimously (4-0-0). G. Roy stated that Skate Park organizers proposed to establish a cash escrow account to cover whatever is decided. G. Roy stated that the Skate Park Board of Directors has tried for six months to get a bond ===PAGE 4=== Lunenburg Park Commission February 3, 2026 page of 44 from an insurance provider. G. Roy stated that no security insurance provider is interested in insuring the project due to the overall amount of money. G. Roy stated that there is an option to have a tri-party agreement, which has a mortgage agreement with a bank where the Town is a third-party to that agreement and could exercise funds in that manner. G. Roy stated that resident who would like to help would like to remain anonymous. K. Menard asked A. Costa, what his thoughts are regarding this proposal. A. Costa stated that, in terms of whether that amounts to an amendment of the contract or the reissuance of the contract with amended terms, the Commission considers holding an executive session. A. Costa agrees with G. Roy regarding the types of sureties that are available in circumstances like these. A. Costa noted that non-profit organizations sometimes have difficulties in finding an insurer, especially if the non-profit is established for the sole purpose of developing a project. A. Costa described the escrow option. A. Costa stated that he has no issue with any of the sureties that have been described. G. Roy described the current terms of the contract and the right of entry agreement that were negotiated. G. Roy stated that if bond funds come from an individual, the organizers of the project would prefer not to have significant funds being tied up for the duration of the construction and 12 months of operation. G. Roy stated that he proposes that the Commission and the organizers renegotiate the right of entry agreement. A. Costa described the current terms of the contract and the right of entry agreement that were negotiated. A. Caiozzo reiterated the complexity of the project and the significant hurdles that keep occurring. A. Caiozzo asked for assurances that additional issues would not keep arising. K. Menard stated that the Town Manager, Town Counsel, and she are working to make sure that there is continued momentum for the project. S. Powell stated that he is proud of the efforts of the individuals who have organized this project for years. S. Powell stated that the efforts of the children involved in the project have been inspirational. S. Powell described the issues with the High School turf project and the entities involved. ADJOURNMENT C. Shapiro moved to adjourn. Seconded by C. Sullivan. Call for the vote: C. Sullivan-aye, C. Shapiro- aye, M. Mascari-aye, K. Menard-aye. The motion passed unanimously (4-0-0). Meeting adjourned at 11:09 A.M. Respectfully Submitted, Anthony Senesi, Recording Clerk