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BOARD OF SELECTMEN
MEETING MINUTES
4/22/2014
The Board of Selectmen met in the Joseph F. Bilotta meeting room at Fawn
Chair Paula Bertram, Dave Matthews, Jamie Toale, Robert Ebersole, & Town Manager Kerry Speidel.
Regular Meeting opened at 7:00 PM
7:00PM PUBLIC COMMENT: Ms. Bertram commented to say that the Lane Property Walk which was held on 4/19/2014, was well
attended, the next walk is scheduled for 4/26/2014, and asked for the public to attend. Information was also given regarding the Lane
Property website and Youtube video. A Public Forum is scheduled for 5/1/2014 from 5:30PM-7PM at the Library.
Public buck, So Sunget Lane announced that the Drug Give Back Day wilbe hold on april 25 r
trom 10AM-2PM at the Lunenburg
ANNOUNCEMENTS: Mr. Alonzo announced the following:
He thanked the Lunenburg Family Lions Club for the Easter Egg Hunt that they hosted which was a great success.
Representative Benson will be holding office hours at Lunenburg Town Hall on 5/13/2014 from 5:30PM-6:30PM
• The Boys & Girls Club will be holding a Town Wide Yard Sale on 5/17/2014 from 8AM-2PM
• Lunenburg Civic Forum & the Lunenburg Ledger will sponsor Candidates Debate Night on 4/30/2014, 7PM, at Town Hall
Lane Property Walk is scheduled for 4/26/2014 at 10AM
• Lunenburg Waste Days begin on 4/26/2014 and will run every Saturday until 5/31/2014 from 8AM-4PM at the Town Landfill
APPOINTMENTS: None
CURRENT BUSINESS
1. Review/ Discussion/ Recommendations of Warrant Articles for Annual Town Meeting:
Article 27 - Registered Marijuana Dispensaries: Joanna Bilotta Simeone, Chairperson of the Lunenburg Planning Board reviewed
the Medical Marijuana Bylaw with the board touching on the following items:
•
The steps the Planning Board took to develop this Bylaw
• Why this Bylaw was developed
• The Definition of Registered Marijuana Dispensary (RD)
• Background Information
• Municipalities Options
• RMD's Purpose; Applicability (explaining section 4.16.2.2); Definition; Location; Procedure for Submittal; Criteria; Conditional
Standards, Distance (to be measured from the building not the lot line); Setbacks & Buffer Strips; Design Standards; Waivers:
Security; & Documentation
Next Steps/Conclusions
Any changes made this evening will be book marked for Town Meeting floor
Discussion: BOS discussed the following regarding the Bylaw with the Planning Board Chair:
4.16.10. Documentation: Clerical change to the proposed language to be put forward by Mr. Ebersole
• 4.16.5.1.a Criteria 2): This will be enforced by making findings using all four points included in the criteria
• 4.16.6.2. Setbacks and Buffer Strips (residential): This will be enforced by having a 200' buffer strip consisting of either
screening, fencing, or plantings with abutters input
• 4.16.6.4 Waivers: This would only pertain to an applicant who did not have the 200' buffer strip in a residential area and would
require input from abutters
The BOS complimented the Planning Board on their efforts in developing this Bylaw.
Ms. Bertram moved for the BOS to recommend approval of Warrant Article 27, Registered Marijuana Dispensaries, at Annual Town
Meeting. Mr. Matthews seconded. On vote, motion carried, 5 in favor, 0 opposed.
Article 28 - Right to Farm Bylaw: Doug MacMillan & Jeffrey Mendoza representing the Agricultural Commission came before the
BOS seeking approval of Warrant Article 28 and discussed the following changes, approved by the Agricultural Commission, to be
brought forth on Town Meeting floor:
Section 3. Right-to-Farm Declaration - Strike the word "of" and replace with "on" in the second sentence
Strike the words "exclusively" and "commercial" in the 4* sentence
• Section 4. Disclosure Notification - Strike the word "duct" and replace with "dust" in the last sentence
Addition of the words "and practices" after the word "uses" in the first sentence
Mr. Mendoza pointed out the importance of having an Agricultural Commission, the significance of the farmland pictured on the Town
Flag and Town Seal, and asked for the BOS support of this Bylaw and Commission.
Discussion: BOS recommended the following regarding changes to the Right to Farm Bylaw:
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• Agricultural Commission should discuss changes with the Moderator before Annual Town Meeting
• Section 5. Resolution of Disputes - Using the word shall" rather than "may" in the last sentence if the intent is to make this
• Section 2. Definitions - BOS requested clarification be received back, before the Annual Town Meeting, on the verbiage "lot"
vs. "parcel" along with the further research of other community's size requirements for farming on smaller portions of land, in
order to properly address any future disputes
Mr. Ebersole moved for the BOS to recommend approval at Annual Town Meeting, on Warrant Article 28, Right to Farm Bylaw as
revised. Ms. Bertram seconded. On vote, motion carried, 5 in favor, 0 opposed.
BOS thanked the Agricultural Commission on their efforts in developing this Bylaw.
Article 9 - FY14 Budget Amendments: Ms. Speidel provided the BOS with an updated spreadsheet, which reflects the FY2014
budget mends and supplemental appropriation that will be requested at Annual Town Meeting. Included in her review was the
•
The deficit has been balanced
• FY2014 Monty Tech Supplemental Assessment will be paid & the funds which were earmarked in the FY2015 budget will now
be made available to the Lunenburg Public Schools
• Transfers will be made from Interest/Temporary Loans; Liability Insurance; Workers Compensation; Health Insurance; Life
Insurance; Historical Commission; Reserve Fund; Salary Reserve (after transfers); Unemployment Expense; & Recycling Line
to cover projected deficits in Legal Expense; Police Lock up; Injury Leave; Fire Dept.; Snow Removal; & Veteran's Benefits
They will be seeking a supplemental appropriation of Free Cash in the amount of $154,563
• Transferring of unexpended appropriations from two articles relating to school planning expenses in the amount of $1500&
$2439
Balance of Free Cash remaining is $5230
Ms. Speidel also mentioned that action will be needed by the BOS regarding Article 8. Payment of Prior Year Bills, concerning a Police
OD In Duty medical bill of $570 which was received last week. This will be placed on the 4/29/2014 agenda.
Mr. Matthews moved for the BOS to recommend approval at Annual Town Meeting, on Warrant Article 9, FY14 Budget Amendments.
Ms. Bertram seconded.
Noted was that this motion is for Article 9 and not Article 8
• Department Heads, Employees, and Town Manager were all thanked for making the FY14 budget successful despite all the
extra expenses incurred throughout the year
On vote, motion carried, 5 in favor, 0 opposed.
Mr. Alonzo mentioned that the reason why there are not many "no" votes on the board is that they work hard behind the scenes with 1"!
drafts, workshops, etc...where their discussion points have all been heard by the possible opposing parties, which has kept us well
informed, and has enabled us to work together in order to come to agreements on different items.
Article 19 - Administrative Reorganization, Land Use Departments: Ms. Speidel commented to say that after further review she
does not believe that this Article requires an Administrative change under the Town Charter, which does not mean that it cannot be
presented here or at Annual Town Meeting for full disclosure. She has submitted this to Town Counsel for review but has not heard
back from them yet. She intends to move forward with the Public Hearing for next week and hopes to have an opinion from Town
Counsel by then. This document has been submitted to the Land Use Departments for comment and the Board of Health (BOH) has
been the only department to reply. They voiced their support of the expanded concept but are concerned about a potential conflict of
interest with having a consolidated department.
Ms. Speidel reiterated the fact that the BOH is specifically excluded because State Law gives them a Separation of Duty & Authority
under Massachusetts General Law (MGL).
The intent is for a coordinated effort and not to supercede the role of any individual staff member or any board or committee that is a
part of Land Use.
There has been some interest in this position and if this is approved it will be advertised within the Town for approximately 3-4 weeks in
the month of May to be followed by interviews conducted in June, with hiring in July.
Discussion among the board included the following:
•
BOS members voicing support for the Land Use Director position and acknowledged the fact that there may not be a need for
a Bylaw but transparency through presenting at Public Hearings & Annual Town Meeting is important
Adding the Sewer Commission to the list of departments along with coordinating activities with the DPW
• Town Manager will present this at Annual Town Meeting and it cannot be amended on the floor
•
This does not require a changing of agencies, but rather extending the use of Planning Director to become Land Use Director
• If it is determined that a vote by the people at Annual Town Meeting should not be required, then we should not ask them to do
SO
• Intent of this position is not to delegate appointment authority or to delegate disciplinary action
• The BOS will review further the last paragraph on page 3 of the draft document of the Administrative Organization Plan for
potential change in language
A Public Hearing concerning this Article has been set for 4/29/2014.
2. Request to Abate Ambulance Bill: Ms. Speidel presented the board a request for abatement on ambulance bill #WHITB in the
amount of $3947.10.
The applicant must meet certain income guidelines in order to receive this abatement, the Fire Chief has
reviewed this application and has determined that the applicant qualifies.
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Ms. Bertram moved to abate the ambulance bills as noted in the documentation amounting to $3947.10. Mr. Matthews seconded. On
vote, motion carried, 5 in favor, 0 opposed.
3. Appoint Designee, Declaration of Support/No Support for FY15 Mosquito Control Funding: Ms. Speidel reviewed the process
of how the Mosquito Control Board asks communities in their district to support or not support their budget. Lunenburg's assessment
portion for FY2015 is $62,374 and is included in the Town Manager's budget recommendation. The BOH is the designated liaison to
the Mosquito Control District and have sent this declaration to the BOS for their support for their budget and to designate the
Chairperson of the Lunenburg BOH to officially support, on behalf of the Town of Lunenburg, the FY2015 assessment for the mosquito
Ms. Bertram moved to support the budget and to appoint the Chairperson of the Lunenburg Board of Health as the designee for the
mosquito control funding. Mr. Matthews seconded. On vote, motion carried, 5 in favor, 0 opposed
Ms. Bertram mentioned that if residents have areas they would like sprayed they need to contact the Mosquito Control to request
services.
4. Review Q3 Financials; Board of Selectmen Goals; Town Manager Goals: Board of Selectmen Goals & Town Manager Goals will
be discussed at the 4/29/2014 BOS meeting
Ms. Speidel reviewed the Third Quarter Financials prepared by the Town Accountant with the board as follows:
•
After review of Q3 Financials, Town Manager found nothing she would disagree with
Revenues - As of 3/31/2014 76.44% of FY14 estimates have been collected
•
Local Receipts - 86.79% of the estimated 3 quarter of FY2014 have been collected
Taxes & State Aid - 74% of our Tax Levy and 75% of our State Aid estimate has been collected
•
Expenditures - As of 3/31/2014 73% of budgeted expenditures have been expended
• This report will be presented to the FinCom at their next meeting
Mr. Matthews suggested that in regards to Local Receipts he would like to see the $99k received from the Zoning Incentive
payment for the Tri-Town Development be set aside to be used for improvements in the neighborhood that surrounds the
development and/or for the Summer St. project.
5. Minutes/Warrants/Action File Issues
Minutes:
4/15/2014
Warrants:
4/22/2014
4/23/2014
W#55-14
W#56-14
$202,830.03
$257,811.69
$621,863.92
Action File Issues: Mr. Alonzo stated that inquiries are being received from various entities regarding the Open Meeting Law and
requested that all questions concerning this should be directed to the Town Clerks office. The Town will continue to hold Open Meeting
Law Workshops periodically.
Ms. Speidel added that she has received questions concerning agendas and minutes and she has referred all inquiries to the Town
Clerk.
Mr. Ebersole questioned whether or not these questions stem from people not attending the Open Meeting Law Workshops. He
commented to say that the BOS minutes & agendas are a good format for other boards & commissions to use. He receives complaints
about people who are not in compliance and all of the Attorney General's information regarding Open Meeting Law is easily accessible
through the internet and on the Town's website. Minutes do not need to be detailed but rather simple and to the point.
6. Committee Report: Board of Health; Building Reuse Committee; Capital Planning Committee; Finance Committee; Library
Board of Trustees; MPO; Planning Board; PACC; School Advisory Committee on Acceptance & Diversity; School Committee;
School Building Committee; Sewer Commission; MA Broadband:
Board of Health - No Report
Building Reuse Committee - No Report
Capital Planning Committee-Mr. Toale reported that this committee will attend the FinCom meeting this Thursday to discuss their policy
on Capital spending.
Finance Committee - No Report
Library Board of Trustees- Mr. Ebersole reported that this board has received the resignation of Joanne McQuaid and a joint meeting
between the BOS and this board will be set to fill that vacancy.
Mr. Alonzo added that the Library Board of Trustees and Board of Selectmen will appoint someone to serve until the next election at
which point the remainder of the seat will be up for a ballot vote.
MPO- Ms. Bertram attended the 4/16/2014 MPO meeting where they discussed the following:
There were several amendments to the existing TIP due in large part to the Leominster Rt. 13 project and they are reallocating
money to many other projects, which can be reviewed on their website
• MART has finalized changes and updates to their funding element
• Preliminary discussions were held for the 15/18 TIP. It was thought that there would be money available in FY16 but due to
proposed intersection improvements on Rt. 12 in Sterling, the cost for these improvements have gone from $1.3m to in excess
of $6.1m. Ms. Bertram will follow up with MRPC on clarification regarding this issue.
Many projects which were on the TIP are now dropping off in scenarios 1 through 3, which MassDOT has a problem with
They went through a "Universe of Projects" which are considered ranked and Chase Rd. is not included because we were too
late in sending it to MassDOT. MassDOT has vetted the project however MRC did not have any details nor has it received a
project number. We need to take care of this so it can be put into the appendix of the TIP
Ms. Bertram stressed the fact that any project we want considered for funding, needs to be submitted to MassDOT sooner rather than
later and she explained the simple process to the board. There are 25 roads in Lunenburg that are eligible for Federal funding and we
are not taking advantage of that program. She stated that she cannot lobby for something if she does not have the data.
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Planning Board-No Report
PACC- No Report
School Advisory Committee on Acceptance & Diversity- No Report
School Committee- No Report
School Bullding. Committee- Mr. Matthews reported that the Designer/Architect cost estimate has been going through and the
Construction Management Co. has been revising estimates. A limited Peer review will be conducted "pro bono" for the project
Sewer Commission - No Report
MA Broadband- Mr. Alonzo reported that he has re-sent his letter concerning the high cost of connection to MA Broadband, he has not
heard back from them, and will follow up with a phone call to them.
6. Town Manager Reports or Department Reports:
Proposed Tennessee Gas Pipeline Project: Ms. Speidel received a letter informing the Town of this project and will schedule a
Public Meeting with a representative from Tennessee Gas to discuss the proposed gas pipeline project within in the next 3 months.
Tennessee Gas is proposing the following:
An upgrade of an existing pipeline within New York, Massachusetts, Connecticut, and New Hampshire which will result in the
construction of approximately 250 miles of pipeline
They are looking to locate a significant portion within existing utility easements
• They are in the process of surveying for the purpose of soil testing and have contacted some individual homeowners
• Homeowners have the right to refuse entrance onto their property
This project is slated to begin in the year 2018
Ms. Speidel added that the Town of Lunenburg cannot review any agreements or provide legal advice on any document that a
homeowner might be asked to sign concerning this project.
Mr. Matthews mentioned problems which had occurred with homeowners concerning liens being placed onto their properties by a sub-
contractor, the last time this project came through, due to non-payment to the sub-contractor by Tennessee Gas.
Ms. Speidel replied that all of those issues have been resolved. The Town in that instance did provide legal assistance to the Town as
a whole, specifically coordinating activities with attorneys that individuals had hired themselves, and this was a highly unusual
circumstance.
A revised FY2015 assessment letter was received from Monty Tech and it is approximately $17,988 less than what is projected in the
budget. Ms. Speidel recommends that these funds be re-appropriated to the Lunenburg Public Schools in FY2015
APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS
1. Accept Resignations: Jim Lattanzi, Ag Commission and Joe Levine, Building Reuse Committee: Mr. Alonzo announced the
resignations of Jim Lattanzi from the Agricultural Commission and Joe Levine from the Building Reuse Committee. Neither person has
sent a formal letter of resignation yet. Mr. Alonzo stated that the BOS will accept these resignations. The board agreed to send letters
to Mr. Lattanzi and Mr. Levine thanking them for their service to the Town.
Mr. Alonzo informed all that if anyone was interested in being appointed to the Agricultural Commission to please fill out and return a
Talent Bank form.
EXECUTIVE SESSION: None
PUBLIC COMMENT: Mr. Ebersole noted that today is Earth Day and all should reduce, reuse, and recycle.
Mr. Ebersole also mentioned that he will be collecting information from our licensees who may be collecting meals tax. There is a
provision, which is a $25 fee, to have the applicants receive a Certificate of Good Standing from the Department of Revenue.
ADJOURNMENT: Being no further business Ms. Bertram moved to adjourn the meeting. Mr. Matthews seconded
Meeting mourned at 9. 5 invavor, O opposed.
UPCOMING MEETING SCHEDULE
April 29, 2014 Special Meeting
Susan Doors, Recording Secretary
Board of Selectmel