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BOARD OF SELECTMEN
MEETING MINUTES
8/7/12
E lf t sae.
The Board of Selectmen met in the Joseph F. Bilotta Meeting Room,
Town Hall as scheduled with David Matthews,
Steven M. deBettencourt, Paula Bertram, Tom Alonzo, Carl "Ernie" Sund and Town Manager Kerry Speidel present.
Regular Meeting opened at 7:00 PM with the Pledge of Allegiance.
7:00PM PUBLIC COMMENT
ANNOUNCEMENTS
1. Fire Chief's Employment Contract (Taken out of order after the MSBA Contract Feasibility Study) - Ms.
Speidel announced on behalf of the BOS that the Town has entered into a 3 year agreement with Patrick Sullivan to serve
as Fire Chief for the Town of Lunenburg. Salary for this position for FY13 is $80,000, FY14 $82,000,and for FY15
$84,000.
Mr. Matthews said that this contract was voted on at the last meeting in Executive Session and that it was a unanimous
vote to support.
APPOINTMENTS
7:00 PM Joint Meeting with School Committee to appoint person to School Committee Vacancy - (Taken
out of order before Announcements)
School Committee members called their meeting to order for the joint meeting with the BOS to appoint a person to
the School Committee vacancy. Present from the School Committee were: Michael Mackin, Colleen Shapiro, Gregory
Berthiaume, and participating via Remote Participation was Brendan Grady. Superintendent Loxi Calmes was also
present at the meeting.
Mr. Matthews opened the floor for nominations for the open seat. Mr. Mackin nominated Todd Blake for the open
position on the School Committee. Mr. Berthiaume seconded the nomination.
Discussion: Mr. Alonzo said that all three candidates had great qualities and thanked everyone for coming forward during
diffficult times. He stated that whenever there is more than one candidate that comes forward it is always difficult to make
the decision.
Mr. Sund nominated Anthony Caiozzo for the School Committee position. Mr. deBettencourt seconded the nomination.
Mr. Matthews called for a roll call vote to appoint Mr. Todd Blake to the School Committee.
Mackin - Aye
Berthiaume - Aye
Grady - Aye
Shapiro - Aye
Matthews - Aye
Alonzo - Aye
Bertram - Aye
Being that the majority of School Committee and BOS members present voted to appoint Mr. Blake, it was deemed not
necessary to call for a vote for Mr. Caiozzo.
Mr. Bethiaume said that the School Committee will be resuming their meeting at the Brooks House.
Mr. Matthews thanked all three candidates for coming forward, reminded them that there will be an election in May and
encouraged Mr. Caiozzo and Mr. Meek La Veck to seek other volunteer opportunities within the town government.
Mr. Mackin said that there will be more opportunities to serve and that there were other offices in town available for
appointment including a seat on the BOS that will be up for election next year. He encouraged Mr. Caiozzo and Mr.
Meek La Veck to stay involved.
CURRENT BUSINESS
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1. EPG Solar, Offer to Purchase Net Metering Credits - Ms. Speidel stated that Mike Borkowski from EPG Solar
will be giving a presentation to the BOS regarding the Town's purchasing of Net Metering Credits from this project. EPG
Solar's project was approved by Special Use Permit by the Planning Board. Ms. Speidel stated that EPG Solar made a
number of concessions in order to meet the requirements of the new Bylaw, specifically with regard to Setbacks, and in
will produce approximately 1.5M KW of power per year. Because of the reduced size of the project, it is now a "Net
Metering" project. Unitil, under currant State Law, is required to purchase 2% of its maximum load as "Green Energy"
has brought this proposal to the Town. Ms. Speidel and Director of Facilities John Londa, have reviewed this proposal
save the town approximately $80K - $1O0K annually in utility costs.
Mr. Borkowski distributed a presentation to the BOS and went on to say that he commends the Planning Board and
Conservation Commission for their efforts in working with EPG Solar and the abutters to get the project down to a
manageable size. He explained that it has been switched from a whole sale arrangement to a net meter arrangement which
will allow them to take advantage of a State incentive.
Mr. Matthews congratulated the neighbors who "made their voices heard" and basically helped to write the Bylaw. He
also thanked EPG Solar for seeing the value of seeing within the special permit range so that there would not be more
battles going down the road.
Mr. Borkowski gave a lengthy presentation to the BOS which included an explanation of Net Meter Credits, how it works
and the cost savings to the customer. He explained that the Unitil territory is a very small load zone and 2% of their
electric at this point which only allows for Net Metering at approximately 1.8 MW, which potentially could double when
new legislation is passed. Once 1.8MW per facility have been installed, nobody will receive those Net Meter Credits
anymore, and it will work on a first-come, first-served basis. He stressed that there is only about a 2 month window that
is open to get the 1.8MW for this project and that there is a limited amount of Net Meter Credits available. He requested a
Pilot agreement that EPG's tax payments to the Town be straight lined over a period of time in order to make a more even
cash flow rather than wild fluctuations and uncertainty. Mr. Borkowski stated that the proposal is for EPG Solar to sell
January and EPG is ready to go forward now.
Ms. Speidel stated that the Power Purchase agreement is a 20 year agreement and any contract over 3 years needs Town
Meeting approval. Although the BOS can negotiate a Pilot Agreement, it would also need approval at Town Meeting. She
is investigating if there is an interim step which could be taken in order to get this moving and said that EPG had indicated
that they would pay for the cost of a Special Town Meeting. Ms. Speidel also assured the Board that by entering into this
project, it would not interfere with the progress of the solar project at the landfill. Ms. Speidel stated that she feels that if
we don't take advantage of this opportunity then another community will. Ms. Speidel will ask the Assessors office to
provide an updated estimated Assessed Valuation Calculation.
Mr. Alonzo asked if this would jeopardize any of the aggregation plans the town has with the municipal buildings to
which Ms. Speidel replied no.
Mr. Sund asked if the solar panels on the school are Net Metering to which Ms. Speidel replied yes and they are already
factored in.
Ms. Bertram said that she supported this project but has concerns with the timelines and the set up of Special Town
Meeting. She would also like to hear from the Assessors on the real estate tax impact. She questioned the exit strategy
and said that she has some technical questions on the contract. She asked Mr. Borkowski what he was looking for in a
time frame to have this settled. Mr. Borkowski replied that they would like to hear from the Town when the earliest
possibility for a Town Meeting could be and if they got an affirmed date which falls within acceptable timelines then they
will be able to "keep the window open".
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Discussion ensued about a September Special Town Meeting and that there would be two questions, one relating to the
Power Purchase and the other concerning the Pilot Agreement.
Ms. Bertram asked Mr. Borkowski what if the Town were not willing to go into a Pilot Agreement would it affect the Net
Metering Agreement. Mr. Borkowski replied that he did not think it would and at the end of the day they are going to pay
the taxes.
Mr. Alonzo said that he would like to make sure that the rates for the Net Metering were fair. Ms. Speidel replied that Mr.
Londa has done all of that analysis and independent verifications.
Mr. Matthews stated that he was comfortable with going forward with this project now. Mr. Matthews said that he would
like to entertain a vote to start the process toward a Town Meeting, commit that we will go to Town Meeting, but not to
commit to any agreements yet until we get the numbers.
Mr. deBettencourt moved the vote. Mr. Sund seconded. On
vote, motion carried, 5 in favor, 0 opposed.
2. State Primary Posting, Sign Warrant - Ms. Speidel presented a warrant for the State Primary posting which
requires the BOS signature. Mr. Matthews read the warrant into the record and it was signed by the board.
3. FY12 Year End Budget Transfers - Ms. Speidel made a request to the board under MGL C. 44, Section 33B, to
transfer $220.53 from the Treasurer's Administration to the Administrative Fee/Loans and a transfer of $21,152.82 from
Health Insurance to Central Purchasing. These transfers had previously been approved by the Finance Committee at their
July 26, 2012 meeting.
Mr. deBettencourt moved to approve the transfers as identified by the Town Manager. Mr. Sund seconded. On vote,
motion carried, 5 in favor, 0 opposed.
4. MSBA Contract, Feasibility Study (Taken out of order after Appointments) - School Superintendent, Loxi
Calmes updated the BOS on the timeline for returning the MSBA Contract/Feasibility study to the State which is 30 days
from the time that it was submitted to the School Building Committee, which she believes they are approximately 2 weeks
into now. It is currently being reviewed by Town Counsel and Ms. Calmes will forward it to the BOS for review.
Ms. Speidel stated that Counsel has not completed the review, a draft copy will be sent to the BOS for review, and this
item will be on the agenda for next weeks BOS meeting.
Mir. Matthews updated the public that the BOS had met at 6PM for a Work Session on updating Policies & Procedures.
5. Minutes/Warrants/Action File Issues
Minutes:
9/13/11
6/5/12
7/10/12
Workshop 7/10/12
7/24/12
Warrants :
8/1/12
8/7/12
7/31/12
7/25/12
7/31/12
W 7-13
₩ 8-13
₩ 6-13
WSA-13
W/3P-13
$316,612.55
$616,156.60
$96,543.34
$7.54
$520,363.30
Action File Issues : Mr. Sund asked about the project list from DPW, to which Ms. Speidel replied that she had
just received it today, has not had a chance to review it yet, and should have it for the next meeting.
Mr. Alonzo thanked the DPW for helping with the Eagle Scout Project in replacing the damaged bench at the
lower common.
Ms. Bertram requested copies of correspondence from Town Counsel concerning the Open Meeting Law. She
would also like Ms. Speidel to contact Kopelman & Page on scheduling a Workshop concerning the Open
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Meeting Law. Ms. Speidel replied that the Town Clerk is working on a scheduling one with them either in
September or October.
Mr. Matthews reported that a neighbor of the N. Leominster Rod & Gun Club on Lancaster Ave had complained
to the State Representative, who in turn passed the information on to the BOS, concerning gun fire/explosions
happening after their operating hours. Ms. Speidel stated that she referred the complaint to the Building Inspector
who has met with the neighbor and has scheduled a meeting with a representative from the club. Ms. Speidel
explained that the use has been in existence for a long time, pre-dates Lunenburg Zoning, and is a
"Grandfathered" use, although it still would be subject to Lunenburg's Noise Ordinance. She will provide the
BOS with updates when she receives them.
Board members discussed this issue in saying that the shooting area has been expanded dramatically over the
years, the loss of wooded area has added to the increased noise, and the weapons being fired include more than
guns.
3. Committee Reports - Mr. Alonzo reported that the Finance Committee met a couple of weeks ago and discussed
the FY12 year-end budget transfers. Also discussed was a list which was compiled consisting of Town owned properties
that are being used and others that are, or will be vacant, so that the Town can have a good handle on where these
properties are located. The next meeting of the Finance Committee will be this Thursday at 7PM, in Town Hall.
Mr. Matthews asked if the developers who are interested in the Primary School Building have come back with the
changes in their agreement to help with their funding for the project. Ms. Speidel will follow up with them.
Mr. deBettencourt told the board that he had discovered a Lunenburg/Fitchburg town line sign which had been damaged.
He requested that the City of Fitchburg be contacted about a joint replacement of the sign and cleanup of that area. Ms.
Speidel will investigate this matter.
Mr. Matthews reported that the School Building Committee had met and are in the process of working with the MSBA
regarding approval of the RFS for a Project Manager and they hope to move forward with this soon.
4. Department Reports - None
5. Town Manager Reports - Ms. Speidel mentioned that she had received the contracts back from MEMA in regards
to the October 2011 Ice Storm reimbursement. Several different requests had been submitted for approximately $607,000.
The contracts received yesterday from the State totaled $447,000, were signed and returned to EMA. Reimbursement
should be received shortly.
Mr. Alonzo mentioned that in the 2008 Ice storm the Town of Lunenburg, had appealed to the State for payment of the
25% remainder of the reimbursement, which was not reimbursed from FEMA. He asked about the letter, which was
signed off on by other communities, to be sent to the Governor and the State Reps. to see if we could do the same with
this. Ms. Speidel told him that the letter had been sent but there has been no reply.
Ms. Speidel said that the State Transportation Bond Bill was approved by the Legislature. This includes the remainder of
the design money for the Summer St. project, which will cover 80% of the design. The bill is now waiting for the
Governor's signature.
Ms. Speidel thanked Senator Flanagan, Representative Benson, Representative DiNatale, and
Representative Rosa for continuing to push this project forward.
OLD BUSINESS - None
APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS - None
Mr. Sund mentioned that he saw a survey concerning tax rates within the State and Lunenburg was ranked as the 56"
highest rate in the State out of 352 towns and communities.
Mr. Matthews pointed out that it was only half of the equation and that the other half is the valuation, which Lunenburg is
currently taxed at 10% below the State average.
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Mr. Alonzo cautioned the public that tax rates are not indicative but rather tax bills are whats indicative of how much you
pay. Tax rates are based on what the valuation of your home is and the same home placed in different parts of the state
fluctuate wildly.
EXECUTIVE SESSION - None
Being no further business Mr. deBettencourt motioned to adjourn the meeting. Ms. Bertram seconded. The board voted
unanimously to adjourn regular session at 8:20PM.
UPCOMING MEETING SCHEDULE
August 14, 2012
Respectfully submitted,
Susan Doherty, Recording Secretary
Board of Selectmen