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BOARD OF SELECTMEN
MINUTES
Joseph F. Bilotta Meeting Room, Town Hall
August 8, 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:
Ms. Luck announced the Lions Club Pancake Breakfast is at the Senior Center tomorrow morning from 8:00 to
11:00 a.m. The price is $2.00 per person and takeout is available.
Ms. Bertram announced the Conservation Commission is holding a public hearing on August 30 at 6:30 p.m. on
their forest stewardship planning for the small town forest. This is in line with their forestry management plan.
There will be a Walk in the Woods on August 26" to walk the small town forest. Those interested should meet
at the Ritter Building at 8:45 a.m.
Dave Berthiaume, 109 Whiting Street, and Marilyn Talley, 172 Peninsula Drive, came to announce the 37°
Annual Stillman Country Fair will be held on September 9' at 991 Lancaster Avenue. Monies raised this year
will be distributed to the Lunenburg Turkey Hill Family Lions Club and the 4-H Club. There is free parking and
admission and children's activities. The "King Lion Burger" will be featured this year at the fair.
Mr. Berthiaume stated the Lions Club would like to place their Lions Club International signs in areas around
Lunenburg. This will be scheduled on a future agenda.
PAYT Program Update-Bags fees, Retail Distribution Program, Extended Contract with WasteZero and
Recycling Textiles
Ms. Lemieux reported the Pay As You Throw extra large trash bag discussion is a continuance from a previous
meeting. If the Town was to do a pilot program introducing the extra large pay as you throw bag, a 40 gallon
clear plastic bag/2.0 mil thickness; the minimum order would be 50 cases at $75.50 per case of 200 bags. This
equates to an initial investment of $3775.00 for the Town. In order to recoup the cost of the bags and hauling
charges, Ms. Lemieux proposed charging $20.00 per roll. The 30 pound weight limit would remain for this size.
These bags could be sold at the DPW or at the retail stores that choose to offer them to customers. It was
suggested to put a survey on the town website to solicit any interest from the community regarding the extra
large bags.
Ms. Lemieux presented a new proposal that would be for a Retail Store Distribution Program with WasteZero.
WasteZero is under the MA state contract and has been our vendor since the PAYT program began. To date the
town has gone year to year with no contract with WasteZero. WasteZero has a Retail Store Distribution
program that would ship and deliver cases of bags directly to our retail store locations. This would eliminate
the DPW as the intermediary to monitor inventory, remove the liability of storing inventory on town premises,
and the town would not be liable for paying the upfront costs of bag inventory as every case ordered by the
retailer is billed to that store.
The contract proposal from WasteZero includes transitioning to the Retail Store Distribution with zero cost in
Year 1. The town could revert back to the previous model if we are not satisfied with the Retail Distribution
model. WasteZero has offered the Town a multi-year contract that will provide longer term stability on pricing
for budgeting and the best pricing available. The contract includes transitioning to the Retail Distribution
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Program at zero cost in year 1 and the increases to 4 cents per bag in year 2. Year 3 would increase by the
consumer price index plus 3% (based on the current CPI would be a total of a 3.5% increase).
Ms. Lemieux presented a proposal for recycling textiles. The Town could explore a textile recycling program
with a company called Simple Recycling. There would be a different colored PAYT bag provided to households
just for textiles. Simple Recycling trucks follow the same trash collection route on the same day that trash is
picked up. This is a free service and the Town is paid $20/ton. This program has begun in select communities.
Statistics indicate that 85% of textiles are not recycled or donated. The EPA estimates 68 pounds per person of
clothing are thrown away each year.
When asked what happens to the textiles, Courtney Forester of WasteZero stated some clothing is resold in
thrift stores and materials that aren't able to be reused are repurposed into rags, insulation, animal bedding etc.
Other textiles that are not fashionable but in good shape might be shipped to another country. 5% are
contaminated with grease or oil and are trashed. It was suggested to put a survey on the town website to solicit
any interest from the community regarding the extra large bags.
Discussion ensued on the current size PAYT bags, the small 15 gallon size and the large 33 gallon capacity,
both 1.4 mil thick. The proposed extra large bag would be a little taller and 2.0 mil thick. There is also an option
for drawstring style bags (at no extra charge) versus the tie together option on the current ones.
Ms. Forester went into more detail of the retail store distribution program. This program takes the burden of the
process of ordering, storing inventory and delivering bags to retail locations from the DPW. WasteZero
manages inventory, delivery, payments etc. The other benefit is there is no up front cost to the town.
It was decided to get more pricing information on a thicker mil PAYT trash bag but to proceed with the survey
to solicit interest.
License Violation Hearing for Nuttings Body & Frame Co. Inc.- 40 Summer Street
Mr. Toale opened the hearing and stated anyone who testifies needs to be sworn in. Owner Scott Sanford was
sworn in. Mr. Toale reported the office received a letter from Mr. Sanford stating he was no longer doing
business at the 40 Summer Street location and was willing to surrender the license.
Mr. Sanford stated he had been bamboozled by someone who had offered to come in as a consultant. He asked
if he could bring a couple of cars down and before I knew it he had a mobile home there; he had more cars on
the lot than I did. He spray painted the building inside and out. I was made aware of this and instantly knew
there would be problems so I figured the best course of action was to have somebody come and take the
vehicles out, clean the lot up, paint it and get it ready for somebody else. There are four vehicles lett that will be
removed by the end of the week. The last day I will have a contractor come in and mow the lawn and remove
the trash.
Mr. Toale swore in Police Chief Marino, Officer McNamara and Building Commissioner Rhodes.
Officer McNamara reported the Police received a complaint from a resident on some of the things that were
going on at the business. He and the resident were under the impression the lot was under the other gentleman.
McNamara went with Mr. Rhodes to do a dealership inspection and they went through the car lot. It has been a
used car dealership for years however there were no dealer registration plates issued to that lot. We went
through and found a number of violations. He referred the Board to the letter that he had submitted to Chief
Marino regarding the investigation and asked the Board if they had any questions. He stated Mr. Sanford came
down and agreed to rectify everything. He did confirm there are only four vehicles remaining on the lot.
Rhodes stated he was requested to inspect the property on July 12, 2017. At that time he noted the number of
violations that were attached to the class II license; they were also conditions of the Zoning Board of Appeals
Special Permit. At the time of that inspection, Mr. Sanford verbally agreed to correct all the violations. It was
agreed that he would do it within seven days. At the end of seven days I revisited the site and there were still a
number of violations remaining. As a result, he wrote an enforcement order under the zoning. In addition he
added a new violation, which he believed the license had expired because Sanford had sublet the business.
Rhodes had gathered information with the help of the Police Department. There were business cards on the site
that indicated Intuit Auto was also running out of 40 Summer Street. Whether it was known or not, he felt that
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there was another business being run there. As a result he cited him and said he had to correct all the violations
and that the special permit had lapsed. Under zoning, Sanford has 30 days to appeal that decision to the Zoning
Board of Appeals. After the 30 days have been reached, Rhodes will go and reinspect. If there are still vehicles
there, he will take appropriate action. At this point it appears the vehicles will be moved by the end of this week
and there would be no further action he would need to take. Discussion ensued on how to proceed.
Motion: R. Ebersole
2nd: P. Bertram
Based on the documented evidence provided by the Building Commissioner and the Police Department it
is determined that violations to the Class Il auto dealer license did occur
Vote: All in Favor
Motion: P. Bertram
2"': R. Ebersole
To revoke the Class II auto dealer license for Nutting's Body and Frame Company located at 40 Summer
Street effective immediately
Vote: All in Favor
A letter will be issued to the owner. Mr. Toale closed the hearing.
Request from the Sewer Commission to use Special Legal Counsel
Mr. Ebersole reported as the liaison to the Sewer Commission that the commission had used KP Law, PC prior
to the change over to new legal counsel. They are currently in the middle of work with High Field Village to
settle items between them regarding an allocation agreement and the payment of that. They are asking to retain
KP Law in order to continue that work. This would not be an open-ended commitment, if they are unable to
come to a finalized agreement, they would come back to the Board of Selectmen if they need an additional
extension. He noted their use of this legal service is paid from a sewer account not town funds. Mr. Ebersole
stated he would support this request as they are right in the middle of the case.
Motion: R. Ebersole
2": P. Bertram
To support the request of the Sewer Commission to retain KP Law, PC for the High Field Village legal
work
Discussion: Mr. Toale asked Town Manager Lemieux if she supported this request. Ms. Lemieux stated she
did, with the understanding that it would be for a limited amount of time given we are under a retainer
agreement with our new town counsel.
Vote: All in Favor
Mr. Toale thanked the Sewer Commission members for being present.
T-Mobile Lease Agreement for Town Hall
Ms. Lemieux reported the Town has a signed lease agreement for the wireless communications equipment in
the interior of the Town Hall attic and exterior on the clock tower with T-Mobile. The original lease was signed
in 2000 and an amended lease agreement was signed in 2012 and according to the amended lease agreement is
scheduled to renew for another five years on August 31, 2017. After review by our current Town Counsel, it
was discovered that the original lease agreement was invalid because the term in that agreement was for a total
of 25 years and was in excess of the ten years maximum that was allowed under the law in 2000. Also, there
are no records that it was put out to bid and this term exceeded the annual town meeting vote on May 13, 2000
that authorized "the Selectmen to enter into one or more ten year leases or licenses of town owned real property
for telecommunications antennas and equipment".
Town Counsel has advised that the lease be put out to bid to abide by procurement laws with a term not to
exceed ten years as authorized by the town meeting vote. The other option is to go back to town meeting to
request authorization for a term not to exceed 30 years. We would still be required to go out to bid under this
option. The benefits of a longer term agreement are that it is more desirable for communications companies and
ensures a long term revenue source for the Town. Since it is unknown whether town offices will continue to
operate out of this building, we could include language in the contract with the selected party that transfers the
lease agreement to subsequent owners or an escape clause that if the property transfers ownership, the lease can
be terminated. According to town counsel Costa we could wait until fall town meeting and operate under the
same conditions. He believes T-Mobile would agree to that. Discussion ensued on how to proceed.
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It was decided to research what other communities are doing for this type of lease agreement. A memorandum
of agreement should be drafted for the interim until a new lease is negotiated.
Earth Removal Permits Renewals
Ms. Lemieux reported earth removal permits are renewed annually by the end of August. Building
Commissioner Rhodes issued a letter on his inspection of the pits. She invited Rhodes to review his
recommendations with the Board. Mr. Rhodes reported he did do inspections as well as review the town bylaw
and previous inspection reports. He stated Powell Sand and Gravel and P. J. Keating Company were very
gracious and showed him around the various sites. He did not meet with Montouri because he could drive
through and see what he needed. One of the things that was clear to him when he went through a lot of the sites
was that there was no earth removal occurring. In some cases the sites were already beginning to reforest. The
bylaw is clear about the removal of earth products, so he was questioning whether the Board wanted some of
these pits closed out. The Board has the right within the bylaw to request a closure plan. There was one site that
Powell has at 395 Goodrich Street that still has material to be removed. There is still activity on a Keating site
that borders Lancaster. The majority was for processing material, nothing that requires an earth removal permit.
It was suggested to invite the permit owners to discuss at the August 22 meeting. Moe Langlois, Operations
Manager for P. J. Keating, stated Ms. Peterson had contacted them and they do support more discussion on this
item but tonight they are not prepared to do so.
Warrants/Action Pile Issues
The Board signed an accounts payable warrant in the amount of $702,093.29, a payroll warrant in the amount of'
$594,733.80 and a payroll deduction warrant in the amount of $527,172.50.
Mr. Ebersole wanted to remind that the Board was going to work on an evaluation document for the Town
Manager. Mr. Toale stated he and Ms. Lemieux had begun work on that and planned it for the August 22
agenda. Mr. Ebersole asked what next steps were needed following the goal setting workshop. Ms. Lemieux
stated that would be incorporated into the discussion on the evaluation document.
Committee Reports
Mr. McQuaid reported Capital Planning has their first meeting next week. Ms. Luck attended the Hazard
Mitigation and Climate Adaptation Stakeholder workshop on August 2"°
. The focus was on stormwater. They
expected precipitation events are going to be stronger and more frequent. We should expect a 20% increase in
the amount of precipitation over the next fifty years. More planning is needed by municipalities and state
agencies to educate and provide outreach regarding the increased stormwater to prevent pollution and flooding.
The School Committee met on August 2nd
!. They are cleaning out the T.C. Passios building and the FLAAC
Collaborative is moving out of the building. They wanted to take some storage cabinets that are there and the
school no longer needs them. Facilities Director Londa suggested they be sold to them for $20 each. If any
remain after they purchase what they need, they will be offered to town departments. The committee will meet
on the 16". The Storm Water Task Force meets on the 24"
Ms. Bertram reported MPO is not meeting in August. She attended the Conservation Commission meeting on
August 2ªd where they approved several wetland applications. There was an application for 338 Sunset Lane for
the placement of a large boulder, a dock and construction of a tree house. The Building Commissioner had
determined the 12' × 12' treehouse was not a structure under building code. The commission reviewed photos
of the proposed finished structure which included a roof, siding, windows and sheetrock and they determined it
was in their opinion, a structure. It was proposed to be in the 50 foot no structure zone so they did deny the
application and the owner subsequently withdrew it. It was an interesting discussion.
They discussed the algae treatment plan at Lake Shirley, which is experiencing algae problems this summer.
That evolved into discussion of Lake Shirley ownership, which has an unclear title. One commissioner
suggested the town should oversee the management of Lake Shirley. Ms. Bertram recommended as an
individual they present their request formally to the Board of Selectmen. She also informed them of the town
counsel office hours.
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Mr. Toale reported Finance Committee meets this Thursday. He reminded the Board liaisons to inform their
boards of the August town counsel office hours.
Town Manager Report:
Town Hall Painting Project:
In an effort to receive more input on the chosen color to paint the Town Hall, she worked with the IT Director
and put up a survey on the town website. This was shared by the Police Department's Facebook page and the
non-town-run Lunenburg Facebook page. The poll solicited input on whether the Town Hall should be painted
white or the current color scheme and had a comment box for those that wished to provide written input. The
survey generated approximately 593 responses as of today, with 83 comments. 85.32% of responses chose
white and 14.68% chose the same color scheme as the building currently has. The use of Survey Monkey was a
great citizen engagement tool to solicit input on this topic. This item will be an action item 'on the August 22
meeting agenda.
Town Hall Mold Abatement:
The company selected to remediate the mold in the basement of the Town Hall will begin next week.
Foreclosure Auction:
The notices for the foreclosure auction on August 29, 2017 at 1:00 p.m. have been posted at four public places,
although only two are required by law, and notices sent to the original property owners. The information on the
auction and the properties that will be auctioned is on the town website, with a link to the auctioneer's website
and information has been sent to Cable Access to advertise it on the cable bulletin. 485 Townsend Harbor Road
has been removed from the list of properties that will be auctioned on August 29'h due to the appearance of what
may be encroachment by adjacent property owners. The Town will need to perform a boundary survey to
verify whether or not there is encroachment before taking an action on selling that parcel.
Tax Title Properties:
The Treasurer/Collector will be mailing letters this week to the properties in tax title to notify them that they
have 30 days to pay their outstanding past due balances or the Town will file a Petition to Foreclose with Land
Court or the tax lien will be sold at a Tax Title Assignment Sale Auction.
Town Counsel Office Hours:
An email was sent to all employees, boards, and committee members today through the "town-wide" email
address that Attorney Adam Costa will be available on August 22ªd from 4 - 7 p.m. for monthly office hours.
Summer Street Project:
We received confirmation from Larry Cash at MassDOT that a signed Right of Way Certificate has been issued
for the Summer Street project and that the anticipated advertisement date is August 19"
FY2019-FY2023 Capital Planning Process:
In order to begin the Capital Planning process earlier than normal, I requested the Capital Planning Committee
meet during the summer. Our first meeting this fiscal year will be Tuesday, August 15" at 5 p.m. I met with
John Henshaw last week to have a preliminary discussion and solicit his assistance in developing a more
comprehensive Capital Plan similar to the one the UMass Collins Center did for the Town of Barre. We also
discussed how we can automate the capital request forms so that departments did not have to refill out
information that they have filled out each year in the past for projects that are in future fiscal years or have not
been funded but pushed out to the next fiscal year. John has graciously offered his assistance in the
development of both projects and has already begun with a Google Sheets template that will automate capital
requests from departments.
Mr. Toale reported the meeting on August 15 will be a workshop on town buildings. It will not be televised but
is open to the public. The August 22 meeting will be televised.
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PUBLIC COMMENT:
Mr. Ebersole stated a few years ago funding had been approved for recodification of the general bylaws into a
consistent format. He requested Ms. Lemieux check with Town Clerk to see if there is any movement on that.
Ms. Lemieux reported Town Clerk had stated she was going to check with General Code but she expected it
within the month.
Ms. Bertram reported Cable Advisory Committee is meeting August 22 at 6:00 pm before their regular meeting
to continue negotiations with Comcast on the license renewal.
Motion: P. Bertram
To adjourn the meeting at 8:26 p.m.
2"d: R. Ebersole
Vote: All in Favor
Respectfully submitted,
Elaiiem Piterson
Elaine M. Peterson
Executive Assistant to the Town Manager