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BOARD OF SELECTMEN
MINUTES
Joseph F. Bilotta Meeting Room, Town Hall
March 7, 2017
The Board of Selectmen met in the Lunenburg Town Hall, Joseph F. Bilotta Meeting Room, as scheduled with
Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Paula Bertram, Member; Phyllis Luck, Member and
Town Manager Heather Lemieux
Not present: Tom Alonzo, Clerk
The meeting commenced at 7:00 p.m. with the Pledge of Allegiance.
PUBLIC COMMENT
Ms. Luck reminded all of the pancake breakfast at Eagle House Senior Center tomorrow morning. It is $2.00
per person and takeout is available. Ms. Luck stated The Lunenburg Ledger is the only town newspaper and can
be an important source of information especially with annual town meeting coming up in May.
Mi. Toale announced the rabies vaccination clinic for dogs and cats on April 15 from 10:00 a.m. to 12 Noon at
Fallon Animal Clinic located at 79 Mass Ave. 2017 licenses will be available at that time too. If you have
questions, please contact the Town Clerk office.
Mir. Toale announced the following vacancies on committees: Personnel Committee (2), Storm Water Task
Force (1), ZBA Associates (2), Public Access Cable Committee (2), Sewer Commission (1) until the May
election, Cable Advisory Committee (1), Cultural Council (several). He encouraged people to volunteer.
APPOINTMENT
Automatic Amusement License -Bad Larry's - two billards tables
Owner/manager Adam Wernick presented on behalf of the license application. Their plan is to take the open
vacant space in the front and place more seating there and take half of the tables in the rear out and place two
billiards tables. This is to promote more business. One pinball game will be removed to keep the automatic
amusement devices to three as allowed.
Motion: R. Ebersole
2"d: P. Bertram
To approve the request to add two pool tables to Bad Larry's
Vote: All in Favor
CURRENT BUSINESS
Follow up discussion on Legal Services RFPS/Interviews
Ms. Lemieux requested as a follow up to the last meeting that Board members submit any further questions in
writing to her so they can be sent to the firms and be answered before the second round of interviews.
The Board discussed the second interview process. Ms. Bertram suggested the Board hear about from
reterences as this lead to additional questions. Questions to be asked of the references include response time and
availability. Ms. Bertram also mentioned success rate with litigation and if the counsel predicted the outcome
accurately. The Board should submit their evaluations of the legal firms and submit them to Ms. Lemieux. Ms.
Lemieux will call the three references listed by the firms plus one community similar in size to Lunenburg that
they work for that is not included on their list.
INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS
Resignation -Amory Phelps from Historical Commission effective September 16, 2016
Mr. Toale read Ms. Phelps resignation letter from the Historical Commission.
Motion: P. Bertram
2^°: P. Luck
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To accept Ms. Phelps resignation and send a letter of thanks to her
Vote: All in Favor
Mi. Toale stated he had a letter of recommendation from Historical Commission Chair Lantry to appoint
Jennifer Sanderson who has attended a meeting already. Ms. Sanderson presented and stated she would like to
be on the Historical Commission. She is the curator of the Lunenburg Historical Society and this is her passion.
She would like to see the Historical Commission and Historical Society have a conversation about each of their
charges. Mir. Ebersole noted the resignation letter is dated September 2016 and that the candidate tonight is
qualified. He stated however that on the same night of this board receiving the resignation and a candidate
being recommended does not give anyone else a chance to request to be appointed. He stated if there is a
vacancy, it should be made available for all Lunenburg citizens to apply. Ms. Bertram concurred.
Motion: P. Bertram
2"°: R. Ebersole
To appoint Ms. Sanderson to the Historical Commission with a term to expire June 30, 2020
Vote: All in Favor
Head Accounting Clerk Resignation
Mr. Toale read aloud Peggy Stewart's resignation letter dated the 16* of February effective March 31, 2017.
The Board signed a letter of appreciation for her.
Tax Title Discussion
Ms. Lemiuex reported Town Treasurer/Collector Myleen Mallari would like to proceed with a Tax Lien Sale,
which sells the municipal liens on properties that have gone through the tax taking process. This does not mean
a change of ownership of the property, but the purchaser of the lien pays off all outstanding taxes, including
interest and fees on the property to the Town, and the purchaser of the lien is assigned and transferred the tax
title and the owner of the property pays the purchaser back any owed amounts plus interest. We currently have
in excess of $1.7 million in Tax Title properties that the Treasurer can proceed with under M.G.L. Chapter 60, 8
52. Under this section of law the Treasurer has authority to assign tax title by auction to the highest bidder,
individually or bundled, and it must be for at least the amount the taxpayer would have to pay to redeem the
parcel on the date of the auction. Ms. Mallari will be sending out a courtesy letter to delinquent tax title
property owners that the Town will be auctioning the tax title if they do not pay within 30 days and has sent this
same list to all town departments to see if there are any properties that the Town would be interested in
maintaining the lien. Ms. Mallari will then advertise a full list of the tax title properties 14 days before the
auction in the newspaper and post in at least two public places. Owners are again sent notice 10 days before the
auction.
The benefit to the town is any amount taken from that sale is Free Cash. The municipal lien holder is
responsible for keeping those parcels' taxes up to date going forward. Ms. Bertram asked if there was any
benefit for the town to go through the foreclosure process and then sell the property. Ms. Mallari stated the
foreclosure process does not guarantee the town getting all the money versus selling the tax lien and being paid
100%. Mr. Ebersole asked if the town is able to bundle all the parcels as one sale. The answer was yes. Ms.
Lemieux stated the foreclosure process is very expensive; to hire a tax title attorney it takes thousands of dolaars
per parcel to get to the foreclosure stage. You have to go through land court and it could take up to two years for
the process. Then there is a one year redemption period after that foreclosure for the origian landowner to
return to land court to appeal. It would very costly for the amount of land the town has in tax title. Another
benefit is that the tax title sale would take these properties off the town's books while bringing in revenue for
the town. Ms. Bertram stated she would like to know the actual value of each property and the potential legal
cost of going through foreclosure. Mr. Ebersole suggested in addition to supplying the assessed value of each
property to provide the square footage/acreage of the property, whether there is a building on it or not and the
original date of taking. Mr. Ebersole pointed out a lot of communities have done this; we are not in the business
of owning property, we are the business of collecting taxes. Further discussion ensued.
Tax Custodian- Ms. Lemieux stated in order to sell town land acquired through foreclosure, the Board must
appoint a tax custodian that can sell foreclosed properties at public auction per M.G.L. c. 50, §77B. Ms. Mallari
has four properties that are foreclosed. Ms. Lemieux recommended appointing Ms. Mallari as Tax Custodian.
Ms. Lemieux stated she went through the sale of foreclosed properties with the Treasurer/Collector in Barre by
hiring an auctioneer and they successfully sold properties that got back on the tax rolls. Ms. Mallari and she are
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currently working together on both the sale of Tax Title and Foreclosed properties and have consulted with
Accountant Brochu as well about the positive effects this will have on our Free Cash. Not only will these sales
have a positive effect on our revenues, but it will clean up our books to eliminate outstanding taxes; it will look
positive to our bonding agencies and is overall good financial management.
Motion:P. Bertram
To appoint Ms. Mallari as Tax Custodian
2nd. R. Ebersole
Vote: All in Favor
Ms. Lemieux asked if there were any potential town meeting articles to sell those properties. Further research is
needed. The Board thanked Ms. Mallari for coming in and Ms. Lemieux commended Ms. Mallari for coming
forward with this proposal:
Town Manager Report
Ms. Lemieux gave an update on the Community Compact. She submitted the Community Compact application
on February 15* and received a confirmation from the Division of Local Services and was also contacted by
MA Il to set up a phone conference to discuss our two IT related best practices. IT Director Steve Malandrinos
and she had that phone conference with Mass IT yesterday and have a direction on the cyber security best
practice but require a follow up conterence with Mass IT on the best practice to implement a citizen
engagement co-creation plan focused on enhancing residents' ability to participate in local government. In
order to assist the Town in what type of resources will be provided to the Town, Mass IT is looking to us to
provide what type of outcomes we are looking for i.e. utilizing the UMass Collins Center to facilitate public
input through different tools of communicating with the public and in the end also get a concrete product such
as a Strategic Plan. We can re-use the tools that we learn are the best modes of communicating and receiving
input from the public in all future projects/issues seeking more input. Ms. Lemieux is seeking more input from
the Board on this best practice in order to determine the scope of services we are requesting from the State.
Ms. Lemieux also discussed applying for the IT grant that we are eligible for with Mr. Malindrinos which is due
by April 1 and he would like to apply for funding to install fiber at the town buildings.
Mr. Ebersole stated social media reported the City of Leominster has installed website software for citizens to
report problems. He suggested some other way to get vacancies on Lunenburg committees filled; how to engage
potential volunteers. Mr. Toale stated they had started a strategic planning process; ie charrettes, different kinds
of meetings, etc. Ms. Bertam offered to provide a template she created from notes taken from that workshop
meeting to Ms. Lemieux. Mr. Ebersole added getting feedback on specific topics like the Village Center
District, Conservation, Trails. Ms. Lemieux suggested creating a vision and tools to implement using social
media; it's something easy for people to do.
Complete Streets
Ms. Lemieux spoke with the DPW Director about proceeding to the next step in applying for the Complete
Streets funding and that would be to adopt a Complete Streets policy. She is requesting a meeting with the
Board of Selectmen Chairman, the Land Use Director, and the DPW Superintendent to review a draft Complete
Streets Policy that once finalized, will be presented to the Board for adoption. Once adopted it is submitted
through the Complete Streets portal for review and a score; scores of 80 points or more are then eligible for up
to $50,000 in technical assistance to put together a Prioritization Plan. At that point we would contract with a
consultant, using the technical assistance funding, to put together this plan. Mr. Toale offered his assistance but
stated the final decision should involve the entire Board.
DLTA Application
Ms. Lemieux reported notification from MRC for Requests for applications for District Local Technical
Assistance applications which are due by April 3r.
Ms. Lemieux stated there currently is not a local business
association and she would like to apply for technical assistance to facilitate meetings between the business
community and the town in order to help with promoting businesses in Lunenburg and town events in order to
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increase tourism. She would also like to work into the application that MRPC provides assistance with doing an
assessment of all our brownfields, abandoned properties or underutilized properties in town. It was suggested to
break it down into two separate applications since neither is related to each other.
Department Head Meeting
Ms. Lemieux reported the first department head meeting occurred on Tuesday, February 28" and it was well
attended. Everyone gave an overview of the current projects/programs they are working on and it was good to
see that a lot of the departments are already working together on a number of things and the sense of teamwork.
We will be meeting once a month and will be rotating the meetings between the various town buildings.
Minutes/ Warrants/Action File Issues
The Board signed an accounts payable warrant in the amount of $849,668.05, a payroll warrant in the amount of
$1066.02, another payroll warrant in the amount of $742,267.92 and a payroll deductibles warrant in the
amount of $527,510.83.
Ms. Bertram stated Ms. Luck noted that in Leominster there is a informational "Welcome to Leominster"
handout that highlights their city. She added this is the kind of thing from an economic development standpoint
that Lunenburg needs to put together to sell ourselves.
Committee Reports:
Ms. Luck reported the School Committee met on February 15th.
• Supt. Calmes reported the $36,000 for
technology removed from the Capital Plan will be taken from 40S funding should the state furnish those funds.
Additional 40S funding will also go for curriculum initiatives and furniture at the Turkey Hill Elementary
School. They met again on March 1st
and Facilities Director Londa requested a line item change of $5,000 from
electricity which expense has been reduced due to energy efficiencies. He will use the money for supplies.
Food services has a deficit of over $20,000 due to unpaid lunch bills. They've begun a practice of turning bills
over 90 days to a collection agency. $3,000 has been collected so far. There is a policy subcommittee that will
address this issue. The new school roof had some snow and ice damage over the school vacation week resulting
in water damage. The school architects have suggested the school install snow guards. Mr. Londa reported the
security cameras at the Turkey Hill Elementary School and Primary School will be installed this summer.
The Central Massachusetts Regional Stormwater Coalition steering committee met February 15" and there was
a discussion on road sand and salt. The Holden DPW Director reported they no longer use sand on the roads.
There was no additional capital cost for this. The state is still expecting a final report on the MS4 permit which
is due May 1st.
• Further discussion ensued. An update on the permit was requested from the DPW Director on
the next agenda.
The Stormwater Task Force met on February 23°. During public comment a Reservoir Road resident expressed
concern over stormwater runoff and percieved poor housekeeping habits of the construction crew building new
homes adjacent to her home. She was directed to the DPW Director, Planning Board and Land Use Director as
the task force is not the enforcing agency.
Ms. Luck attended the Mass Municipal Legislative breakfast in Leominister on March 3rd. Representative
Benson spoke on local interest matters. There was a discussion on an appellate court decision exempting a solar
farm from paying property taxes. The legislature is trying to come up with legislation to close that loop. Other
issues discussed were veterans benefits and local school funding.
Ms. Luck reported under ZBA, the Building Inspector has issued a building permit for Whalom Luxury
Apartments consisting of five (24 unit) apartment buildings at 250 Whalom Road.
Ms. Bertram reported MPO met on February 15"h
• Under the 2017-2021 TIP, there is an amendment out right
now for the transit element and it's basically a change of the bus components and a change of funding. It is out
for public comment. They began to discuss the 2018- 2022 TIP. They are going through the prioritization
scoring. The Metropolitan Planning Organization Planning Area and Reform Rule will be effective in 2018.
This means that there shall one MPO per urban area. Lancaster and Shirley will be funded through the Boston
MPO. There was discussion on the funding effects on existing MPOs at that meeting. They meet again next
week.
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Ms. Bertram reported Conservation Commission met on March 1st
• The Woodlands at Hickory Hills is planning
to do vegetation management and installation of a kayak/canoe rack structure. Approval was granted pending
additional information. Lake Shirley Improvement Corporation presented an update on their vegetation control
plan. Discussion ensued on a continued Notice of Intent for 675 Reservoir Road. There was a significant
violation changing topography and an enforcement fine of $9,000 was issued
The Planning Board met February 27". Asian Imperial Garden, 5 Electric Avenue, had requested to withdraw
their parking lot extension without prejudice. The Planning Board suggested a meeting with the applicant before
doing so due to other issues. The 274 Prospect Street (3 acre parcel in the Whalom Overlay District) applicant
withdrew their application and the Planning Board accepted that. The proposed hockey rinks at 691 Chase Road
were approved; this will be done in phases. Walker Orthodontics at 119 Massachusetts Ave. was seeking a
waiver and approval and they did get that subject to stipulations for planting:
Lastly, the Board of Health requested the Planning Board not sign the ANR for 224 Goodrich Street because a
Title V inspection had not been done. Planning Board discussed and had no ability to not sign the AN under
that condition. They did make the applicant aware of the need for a Title V inspection.
Mr. Toale reported the RFPs for the municipal buildings have been advertised and a couple have been
requested. The process continues and the responses are expected by the 25" with review on the 27"h
PUBLIC COMMENT
Ms. Bertram stated she wasn't aware of the new school's solar panels being placed on the flat part of the roof.
She questioned if there were leaks from them and is it covered undered warranty. Ms. Lemieux will follow up
on this. Mr. Ebersole asked about the status of the Building Inspector replacement. Ms. Lemieux reported she
and Mr. Burney are interviewing three applicants next week.
Motion: P. Bertram
To adjourn the meeting at 8:31 p.m.
2n°: R. Ebersole
Vote: All in Favor
Respectfully submitted,
Claire m. Peterson
Elaine M. Peterson
Executive Assistant to the Town Manager