===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MINUTES Joseph F. Bilotta Meeting Room, Town Hall August 1, 2017 Board of Selectmen: Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Paula Bertram, Clerk; Phyllis Luck, Member; Damon McQuaid, Member Also present: Heather Lemieux, Town Manager The meeting commenced at 7:00 p.m. with the Pledge of Allegiance. PUBLIC COMMENT: DPW Director Jack Rodriquenz reported the MassDOT website posted the Route 13 project, from Northfield Road to the Townsend line, at a cost of approximately $1.4 million, was advertised on July 8th. The bid opening will be in the fall. The work will probably not start until 2018. He thanked Ms. Bertram for her continuing work with MPO. 4 Quarter Financial Report for FY2017 Finance Director Brochu reported FY17 was a good year. Revenue On the revenue side, the total collections for FY17 were $37,110,671.82 or 101.07% of FY17 estimates through June 30, 2017. Under Local Receipts, we collected 116.36% of the FY17 Local Receipt estimate. Amounts received that were above target were Departmental Revenue- Schools (192.59% or $64,810.30 more); Licenses and Permits (124.36% or $60,631.31 more); Motor Vehicle Excise (116.43% or $253,604.29 more); Penalties and Interest (113.02% or $23,367.87 more); and Miscellaneous Non-Recurring revenue (150.84% or $156,417.75 more). Some categories that we received below what was estimated are Fines and Forfeits (63.01% or $13,205.89 below); Local Option Meals Tax (85.25% or $17,413.99 below); Departmental Revenue-Other (87.98% or $33,900.51 below) and Investment Income (83.17% or $9,098.25 below). Under Taxes - we received 99.02% or $241,667.06 less than the levy estimate. We also received $96,616.58 in tax lien revenue which wasn't included in the estimate tax levy. Under State Aid, we received 100.65% or $50,285.99 more than the state aid estimate due to an increase in our charter tuition reimbursement. Expenditures We expended/encumbered $36,811,166.27 (99.49%) of budgeted expenditures as of June 30, 2017. We had appropriation closeouts of $358,084.74. State assessments were $170,787 higher than the cherry sheet estimates. This was largely due to school choice/charter tuition for students going out of district. A large portion of the appropriation closeout is in the school department and represents the net increase in choice/charter assessments and charter reimbursement revenue. On the expenditure side, unexpended balances remain in the following: • Salary Reserve Fund $1733.96 • Assessors' Administration $1,156.17 • Tax Collector's Administration $5,804.53 • Legal Expenses $5,208.89 • Town Clerk's Administration $6810 • Conservation Commission $3118.48 • Central Purchasing $12,449.69 • Injury Leave $5187.17 RECEIVED & FILED JUN 23 2017 LUNENBURG TOWN CLERK OFFICE ===PAGE 2=== • Fire Dept. $5739.27 • Radio Watch $4,209.09 • School Dept. $120,674 • Montachusett Regional Vocational Technical School Assessment $9,209 • Vehicle Maintenance $43,369.39 • Police/Fire Medical no funds expended from the %5000 appropriation • Lunenburg Public Library $7,835.26 • Parks & Recreation $13,194.05 RECEIVED & FILED JUN 2 3 2017 LUNENBURG TOWN CLERK OFFICE • Health/Life Insurance $45,103.74 Some internal transfers were done to adjust all other appropriations to at or near zero at the close of the fiscal year. The preliminary estimate for Free Cash for FY17 is around $850,000. Mr. Ebersole noted $50,000 of motor vehicle excise has been dedicated annually to the pavement management plan. Mr. Toale thanked Ms. Brochu for her report. Resignation and Appointments to Agricultural Commission: Douglas MacMillan has resigned from the Agricultural Commission effective July 17, 2017. There is also an existing vacancy due to another member not being reappointed. Chairman Jeff Mendoza stated the commissioners sadly accepted MacMillan's resignation, who was one of the original founding members. Mendoza stated they have two candidates who have expressed interest in being appointed to the Agricultural Commission. Ryan Stober, 275 Pleasant Street, is well known in the farming community in town. He has attended several meetings. Ashley Steele, 61 Whalom Road, attended a meeting a while ago and expressed interest in taking on the clerk position on the commission. She is not actively farming but he stated it is good the entire community be represented. Ryan Stober stated agriculture has been in his blood since he was born. He has experience with dairy farming. He did not want to be a farmer but likes to help out the farmers. He wants to bring agriculture to the community more with a grange and more activity. Motion: P. Bertram To appoint Ryan Stober to the Agricultural Commission with a term ending June 30, 2020 2"d: R.Ebersole Vote: All in Favor Ashley Steele has been a resident for four years and attended Lunenburg High School. She wanted to be involved in the community so she went online and was immediately drawn to the Agricultural Commission. She loves gardening and wants to get involved and bring the farmers together. Motion: R. Ebersole 2nd: P. Bertram To appoint Ashley Steele to the Agricultural Commission with a term to expire June 30, 2018 Vote: All in Favor Town Manager Appointments Local Building Inspector- Ms. Lemieux reported Andrew Hudson has been a lifelong resident of Lunenburg and has sixteen plus years of experience in construction and building maintenance. He is also aspiring to take the necessary state test to become Building Commissioner which was the intent in the job search. Land Use Director Burney, Interim Building Inspector Rhodes and Ms. Lemieux all agreed that he was the best candidate. They highly recommend that you ratify my appointment tonight. Mr. Hudson introduced himself to the Board stating he would like to bring in his knowledge of the field. He knows it's a long road ahead and he is willing to be here for the journey. He would love to give back to the town and community that made him who he is today. Motion: R. Ebersole 2nd: P. Bertram To ratify the appointment of Andrew Hudson as Local Building Inspector Vote: All in Favor ===PAGE 3=== Ms. Lemieux moved on to the position of DPW Administrative Assistant. DPW Director Rodriquenz stated Samantha Tucker is originally from New York City and resides in Shirley. He reported they received 30 applications for the position and with outgoing assistant Amanda Moore reduced them by 80%. He believed Ms. Tucker is a good fit for the position and requested the Board ratify her appointment. If ratified she will begin training on the 8th Motion: R. Ebersole 2"°: P. Luck To ratify the appointment of Samantha Tucker to the position of DPW Administrative Assistant Vote: All in Favor Architectural Preservation District Commission (APDC) /Continuation of Guidelines Review Chairman Richard McGrath asked if there were any questions or comments. Mr. Ebersole noted the property owners in the APD were notified via letter that the APD guidelines discussion was tonight. APDC Member Cullen Dwyer stated one issue that caused some confusion before was shutters; they were included in the design standards along with a description of what was historically valuable for shutters. Previous comments were that it was inappropriate, so it was moved to the glossary or definitions section. There is a description on how to hang shutters, but it is no longer part of the design standards. Previously under Reconsideration/Reapplication, it had read the commission had seven days to reconsider any decision that it made. That was in case any new information came to light or in the case they wanted to reconsider. After consideration the APDC decided it wasn't necessary as it caused confusion; so it was removed. Now the decision will be final, but the applicant can reapply. It was noted in the bylaw at the end of the guidelines that a space needs to be inserted between section 9 and 10 and between section 10 and 11. Mr. McQuaid had expressed a concern about mentioning means and methods of construction at the last meeting. It has been rephrased under Submission Requirements to read, "Plans including designs and methods of construction, use of joinery, fasteners, sealants and adhesives may all be relevant. Architectural plans, elevations and a selection of appropriate details to depict the proposed scope of work as it relates to the requirements of the bylaw." Another suggested change was made under APDC Approval Decision Process, in addition to other reasons to approve a project, to take into account the energy efficiency needs of a building and anything to preserve the structure itself. In addition, "Legally mandated alterations are also necessary, including those as a result of code requirements and operational requirements surrounding a change in use." In the same section under #4, previously it tried to quantify what the cost of repairs would be versus cost of historic value. They modified that to make it less arbitrary. Mr. McQuaid referred to wording under The Meaning of Historic Value; specifically Authenticity of materials and methods of construction. He believed we should be judging the historic appropriateness versus the authenticity because clearly if you are buying a replica piece to place on the building, it is not authentic material but is appropriate to place there based on the style of the home and the area. He had suggested renaming that section to Appropriateness of Materials and changing the first line to say, "Features of a property are deemed appropriate if they are made from materials visually appropriate to the historical period and style of the property." Clearly you are not going to find a 200 year old piece of millwork to stick on there. Mr. Dwyer stated they did discuss that and felt it was covered in the next section titled Appropriateness within the context. We stood our ground on this because we came up with various scenarios. A few years back the United Parish had proposed to tear down their steeple and replace it with a fiberglass replica so that a telecommunications company could install an antennae. The deal fell through but it would be a loss to the community if it had happened as the the steeple would not be "real" anymore. Mr. McQuaid stated he could appreciate that but if it is wood or vinyl, you would not know unless you went up to it and knocked on it. Does it really add value to the commuity if it is wood? The vinyl one is going to last longer and look better longer. The church over there has viny! siding on it now and most people couldn't tell the difference. He stated sometimes aspiring to have people be authentic in material is somewhat burdensome and unrealistic. Mr. Dwyer responded the whole idea of historic value and the purpose of this bylaw is intangible values. Mr. McQuaid stated he would like to hear from some of the property owners in the district as this could be a burden to the people who live in the district every day. ===PAGE 4=== Dave Rodgers, 82 Highland Street, stated he resides in the district. He does not have any issue with the commission members but wanted to register his displeasure of being included in the district. He read a statement stating more regulations, intervention and costs are being imposed on our residents without any regard to the common sense and historic responsibility of the residents. Can anyone tell of specific instances over the past 5-20 years that have negatively impacted our town and thus require this type of regulation? The residents clearly care for their homes; they maintain them and are proud of them. Frankly they don't wait for five years to paint the Town Hall, the center of our community. After reviewing the guidelines, he had some questions. Has the board read the entire guidelines document? The board responded yes. He asked if the board was familiar with the style guidelines referrenced on page eight. Point was made this was an opportunity for public comment. Mr. Rodgers stated the reason he asked is because this is referenced in the guidelines by which all of the designs will be judged. Mr. McQuaid responded what these field guides are saying is these architectural styles are important to evaluate the properties. He believed the commissioners would use these to help the applicant better understand their property and so everyone can be on the same page. Mr. Rodgers noted in the body of the document it states they shall concern mostly with the alterations that are visible from the public right of way. They also note that even though you may not need a building permit you still should contact the APDC. He asked if vinyl or aluminum shutters would be allowed. Mr. Dwyer stated shutters are exempt from the bylaw. Mr. Rodgers asked if vinyl doors and windows are allowed. Mr. Dwyer stated they will be allowed as long as they don't degrade the historical value of the property. Mr. Rodgers asked who specifically makes that determination and what part will the homeowner have in that process? Mr. Dwyer stated the homeowner is responsible for bringing forth that proposal and communicating it to the APDC. The APDC will make the decision whether it maintains the historical value of the property or if it is a downgrade, in which case we wouldn't permit it unless it was deemed necessary. Mr. Rodgers noted there is a significant difference in cost between wood and vinyl windows. Further discussion ensued about sliding glass doors and greenhouses. Mr. Rodgers asked about sandblasting brick. Chair McGrath responded sandblasting destroys the brick surface. Mr. Rodgers asked if metal roofs would be permitted. Mr. McGrath stated it would change the historical appearance, so no. Rodgers asked about metal chimneys: McGrath responded not viewed from the front. Mi. Rodgers stated 82 Highland Street has two metal chimneys and has for years. Discussion ensued about existing structures being exempt because they existed prior to the bylaw acceptance and then moved on to exempt temporary buildings Mr. Rodgers moved on to Hearing Procedure wording in #2, presentation by the applicant, which may be limited "at the discretion of the Chair", #3 and #5, at "the direction of the Chair." Mr. Dwyer believed it was standard language for hearings. Mr. Rodgers disagreed. Mr. Rodgers pointed out the wording that APDC makes the determination if the alteration is necessary. Mr. Rodgers expressed concern about that wording and inspections by the APDC. How many inspectors do we need? Discussion ensued on how and why the district bylaw was created. Mr. Rodgers moved on to the flow chart, particularly the appeal process in accordance with General Laws. If you are turned down by the APD you have got to spend more money and go to Superior Court and fight your case. If someone wants to come in and do something, they have to have an architect draw up the plans. He was concerned about what kind of money people are going to have to spend. Mr. Rodgers' final comment was there are several gray areas here that need additional work. Land Use Director Adam Burney stated the language referring to the Superior Court is in accordance with MA General Laws and is from the bylaw itself as was suggested by Town Counsel. He added there is no Board within the land use departments other than the Conservation Commission where an appeal of that board's decision is not through Superior Court. It is standard practice for municipal boards. He noted if the APDC denies the application, these guidelines do provide the opportunity to modify your application and resubmit your application. In so much as features of structures that exist now and them being grandfathered or exempt, Burney believed within the effective date language, there could be some language added in or a separate section that alludes to features/structures existing prior to the date of the approval of these regulations shall be considered conforming until such time as an alteration/modification/demolition is proposed. This would be a catchall so prior to whatever effective date these become effective you have a statement that eliminates the concern that someone might have to retroactively fit out their wood stove chimney with a brick exterior. Discussion ensued on demolition by neglect situations. ===PAGE 5=== Mr. Burney addressed the hearing procedure. This is standard language on many rules and regulations. The Chair always has the right to conduct the hearing; it's a facilitating of the meeting. Regarding motor homes, there are subtle differences in each of those four categories based on where it is parked and whether or not it is blocking the façade. Nathan Lockwood, 91 Main Street, stated he is a homeowner in the district. He thanked the APDC for working on the guidelines. He stated it would be really useful to understand the difference between a downgrade and upgrade to a structure in the guidelines document. Having some clarity, for example, on already existing vinyl siding and replacing it with vinyl siding if it looks okay would give homeowners some assurance. Also, the painting of brick is very common. What if a building's brick is already painted? Look at the Ritter Building. He also believed there was lack of clarity in the Demolition by Neglect section; particularly the APDC's thinking behind it would be usetul. Mr. McQuaid referred to the APD bylaw wording and stressed the guidelines should not stray from what the Town approved. Jamie Anderson, 944 Mass Ave, noted the primary concern was the front appearance of a house. He stated most people can see three sides of a house from the road and suggested that be clarified. There is some ambiguity in the wording relating to siding. He was also concerned about the added cost to provide eight sets of plans from an architect for replacing siding. Mr. McGrath stated that would not be required for minor repairs. He recommended a pre-meeting with the APD to find out what would be required for your individual situation. We are here to be the guiding body. Mr. Dwyer stated the APDC has the right to waive any and all requirements. That would be part of the administrative review. Not all of them are relevant to every project. Ms. Bertram noted that the wording in the guidelines is more stringent than what was voted on by the Town as a whole. It is important to understand what the goal was; to keep a visual historic appearance but also use contemporary technology in the district. When we are talking about window and doors, to have a homeowner keep to authentic materials could be costly and maintenance prohibitive. She was concerned about the language in the current regulations. Mi. Ebersole stated there is more work to be done from this discussion; procedural and substansive. He suggested one more pass at the guidelines. Mr. McQuaid stated there were some design standards that were in the bylaw that were not covered completely in the guidelines. He suggested going back to section 9 of the original bylaw design standards and make sure they stay generally in line with that. Dragonfly Garden Café LL.C- Common Victualer License Application-3 Lancaster Ave. Applicant Joslin Schneider noted the last agenda item was very insightful because she is attempting to revitalize a historical landmark and offer a coffee/tea house with fresh ingredients and hopefully use some of the beautiful local farms resources that we have in this area. She described the business as a small group of local hospitality professionals that hope to have a place that people can gather, share and learn. We would also like to have local artists display their work in the space as well. Their hours will be from 7:00 a.m. to 4:30 p.m. with an exception of game night on a Friday or an occasional tea, birthday party or shower on a Saturday or Sunday. We hope to bring something unique to the town. Motion: R. Ebersole 20: P. Bertram To approve the common victualer license for Dragonfly Garden Café, LLC at 3 Lancaster Avenue Vote: All in Favor Mutual Appointment to the Cemetery Commission with the Cemetery Commissioners Cemetery Commissioners Lance May and Lorraine Mendoza were present. Chairman May called their meeting to order. Mr. May reported they had met earlier and had voted to recommend William Tyler to the vacancy. He motioned to appoint Mr. Tyler to the three year term. Discussion ensued over the term of the appointment. The elected vacancy, when appointed to, shall only be until the next annual election. Mr. Ebersole seconded the Cemetery Commission nomination of William Tyler. Mr. Tyler, 5 Graham Street, stated he recently retired and wanted to get more involved with the town. He is Vice President of the Lunenburg Historical Society. He thought the Cemetery Commission sounded interesting. He made it a point to read the last year's minutes so he would know what is involved with projects. He visited the cemeteries with Cemetery Supt. Todd Holman so he has a general idea of what goes on there. There were no other nominations. ===PAGE 6=== Discussion: DPW Rodriquenz recommended a policy for new people being appointed either before or after, to meet with the Town Manager to understand the position and the duties. Vote: Mr. McQuaid-aye, Ms. Luck-aye, Ms. Bertram - aye, Mr. Ebersole-aye, Mr. Toale- aye, Mr. May- aye, Ms.Mendoza- aye Ms. Bertram thanked Mr. Tyler for volunteering. Appointment to Town Clockwinder- Tom Alonzo, 284 Lancaster Ave. Motion: R. Ebersole To appoint Tom Alonzo as Town Clockwinder with a term to expire June 30, 2018 2"°: P. Bertram Vote: All in Favor CURRENT BUSINESS 1. Charter Review Discussion and Timeline Mr. Toale stated once every ten years the Town Charter must be reviewed and committee members are required. The committee is composed of nine members: (2) Selectmen, (2) School Committee members, (2) Finance Committee members; (2) selected by Town Moderator and (1) Planning Board member. Mr. Ebersole and Mr. Toale will be the Selectmen representatives. The other committees and Town moderator will be contacted for their recommendations. The committee will meet and make recommendations for the next annual Town Meeting in 2018. 2. Sign MBTA Lease Agreement for Summer Street Construction Project Ms. Lemieux presented the MBTA Use and Occupancy License Agreement. It has been reviewed by both the MBTA counsel and our legal counsel. Trish Domigan of Vanasse Hangen Brustlin, Inc. (VHB) has been working with the firm representing the MBTA to negotiate the annual license fee of $1000 that the Town will pay to the MBTA. The one time administrative fee of $1000 has already been paid. The Town can continue to pay the annual license fee for twenty years or at some point pay $25,000 for a permanent easement. This is the final step in the right of way process and once executed can be advertised. Ms. Lemieux requested the Board authorize her to sign the license agreement on their behalf. Motion: R. Ebersole 2": P. Bertram To authorize Town Manager to sign the Massachusetts Department of Transportation Traffic Control Agreement #101529 as presented Vote: All in Favor 3. Town of Lancaster Letter of Support for Mass Works Grant Mr. Toale stated this letter is similar to the one signed last year for infrastructure. This letter of support would be for the construction phase. Ms. Bertram expressed concern given the current water use restrictions the town is under. She referred to a recent article in the Lunenburg Ledger concerning the water district exceeding the amount of water allowed under their permit. Her concern was that water use restrictions do not apply to commercial entities. The Town of Lancaster is looking to attract commercial business. She stated she would be opposed to signing this letter until such time this Board hears from the water district that their existing water withdrawal permit has been increased. She was concerned about the impact this would have on the Town of Lunenburg residents. Mr. Toale agreed. Further discussion ensued. Mr. Toale wanted to hear more information from Lancaster and the water district. Ms. Bertram would like the water district to report on where we are on the increase of the water withdrawal permit. Mr. Ebersole reported the water district has not signed a Memorandum of Understanding with the Town of Lancaster to date; they are still in discussions. 4. Minutes/ Warrants/Action File Issues The Board approved minutes of July 11 and July 18, 2017. The Board signed accounts payable warrants in the amounts of $78,840.31; $45,333.68, a Middle/High School construction warrant in the amount of $378,331.56; a payroll warrant in the amount of $611,479.85 and a payroll deduction warrant in the amount of $625,236.38. Also presented was the FY 2018 1" Quarter Water Department Commitment in the amount of $6,592.46. Ms. Bertram stated at a previous meeting there was a request for a budget revision request for the stabilization bars for the projectors. Did we follow up on that? Ms. Lemieux reported the Chair's signature was more of an ===PAGE 7=== acknowledgement of the revision notice. The work had already been done and the bill paid. Mr. Ebersole noted in the future if the budget revision is in the account payable warrant; that is the time to take action. We should be alerted to it before we sign it. Ms. Bertram asked about the discussion on the town center, is it scheduled in August? Mr. Toale confirmed. Committee Reports Mr. McQuaid reported the Planning Board met on July 24* and the highlight of their meeting was a public hearing for 40 Pioneer Drive and 98 Leominster-Shirley Road for construction of an addition for office and warehouse space for Ecological Fibers, Inc. Ms. Luck reported she is attending a Hazard Mitigation and Climate Adaptation Stakeholder workshop tomorrow at the Massachusetts Division of Wildlife and Fisheries Headquarters in Westboro. It has a stormwater focus. At the July 27 meeting of the Storm Water Task Force they reviewed the status of the 2003 MS4 permit. Our consultants believe we are in good shape generally but are lacking in documentation and data collection, as well as procedures for dealing with illicit discharge protection and elimination. The Central Mass Regional Stormwater Coalition does have templates we could adopt but they need to be reviewed and tailored to the town. The town needs to come up with a central data system for recording and preserving documentation for improvements as required by the stormwater management plan. Ms. Bertram noted MRPC has a tool that is available to members to catalog data surrounding every stormwater structure as well as to maintain plans. The Storm Water Task Force reviewed the draft Notice of Intent for the new MS4 permit, which we now expect to be due in September of 2018. It is scheduled on the Board of Selectmen October 17, 2017 agenda. Town Manager Lemieux has informed the SWTF that it may begin to utilize the $25,000 Community Compact grant. That will be a discussion at their next meeting on August 24*" The School Committee held a brief goal setting workshop on the 19* and they meet again tomorrow evening. Town Manager Report: Town Hall Painting Project: In order to receive more input from the citizenry, a survey monkey will be placed on the Town website about the future color of the Town Hall. Due to the fact there is a Preservation Restriction Agreement between Mass Historical Commission and the Town that is attached to the deed, she contacted Mass Historical Commission to check to see if we needed their approval to paint or change the color of the paint of the Town Hall prior to proceeding with putting it out to bid. Paul Holtz of Mass Historical told her that the paint was not considered an alteration under the terms of the agreement and does not need their approval, but any replacement of carpentry of the building would need to match the existing carpentry. This will be incorporated into the bid and once a contractor is chosen, we will correspond with Mass Historical that the material chosen will match the existing material. Union Negotiations: Labor Counsel Marc Terry and I have had three negotiation sessions with the Municipal Employees Union thus far and have another meeting scheduled for August 10#h . We have had negotiation sessions with the Firefighters' Union three times and have another meeting scheduled for August 17" Town Counsel Oftice Hours: Our new Town Counsel held their first office hours on Tuesday, July 25" … A "town-wide" email was sent to all departments, employees, boards, and committee members to invite them to meet with them to discuss any. pending or potential legal matters. Attorney Adam Costa, who will be our lead counsel and Attorney Jay Talerman came at the end of our monthly department head meeting to introduce themselves and subsequently met with a couple of department heads and one Sewer Commission member. I discussed with Attorney Costa about alternating between day and evening office hours in order to accommodate board and committee members that may work during the day. The next monthly office hours will be the evening of August 22 and Attorney Costa will be available to attend the Board of Selectmen's meeting that evening to brief the Board on the status of any pending litigation. It was suggested the liaisons should encourage their boards to take advantage of the office hours. Office hours will be held for three to four hours per month. ===PAGE 8=== Mr. Toale reported this board meets again on August 8t*; the 15' will be a non-televised workshop meeting on town buildings/infrastructure. It is open to the public. The Board will meet on August 22d since there are five weeks in this month. Public Comment: Mr. Ebersole reported tonight is the Town's 289th anniversary. The Board signed thank you letters to outgoing committee members (Douglas MacMillan and Stephen Schaff) and a retiring constable (Stanley Young). Motion: P. Bertram To adjourn the meeting at 9:25 p.m. 2"'d. P. Luck Vote: All in Favor Respectfully submitted, Elaine M. Peterson Executive Assistant to the Town Manager RECEIVED & FILED JUN 2 3 2017 LUNENBURG TOWY CLERK OFFICE