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RECEIVED & FILED
BOARD OF SELECTMEN
OCT 0 5 2017
MINUTES
Joseph F. Bilotta Meeting Room, Town Hall
LUNENBURG TOWN
CLERK OFFICE
September 5, 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:
Mr. Toale opened with the following comment,
. "While not required by law and even discouraged in nearby
towns, it has been the tradition of the Board of Selectmen to encourage public input at our meetings through
Public Comment. Section 1.11 of the Board of Selectmen Policies and Procedures spells out the intentions of
the Board to:
• Strengthen communication with citizens
• Increase citizen participation
• And encourage input into board decisions
These guidelines call for a public comment section of the meeting of no more than 15 minutes with no more
than 3 minutes allowed per speaker, but gives considerable discretion to the Chairman. It has been my practice
to give considerable leeway to those wishing to speak, even allowing questions or brief statements on matters
under consideration during our meetings. When topics brought up during Public Comment appear to require a
lengthily response or detailed discussion, we usually put off this discussion to a future meeting for two reasons:
1. It gives us a chance to review the topic, the facts and gather the appropriate resources to have a
productive discussion, and
2. More importantly, it lets us put it on a posted agenda and publicize this upcoming discussion, so that all
residents that would like to participate in the discussion may attend and be heard.
I hope this makes the role of Public Comment during our meetings clear and I hope many of our residents take
advantage of this opportunity to be heard."
Mr. Ebersole wanted to thank the Lunenburg Fire Department for their efforts in collecting goods and cash to be
brought down to Texas in the aftermath of Hurricane Harvey. The initial Charter Review Committee meeting
will be September 6th at 7:00 p.m. at the Ritter Building. It will be an organizational meeting.
Mr. Toale announced the Board of Selectmen will have a volunteer booth at the Stillman Country Fair this
Saturday. There will be Talent Bank Forms available. Anyone who is interested in town committees and boards
is welcome to stop by. He also welcomed anyone who wanted to help staff the booth to contact him.
Dave Rodgers, 82 Highland Street, requested the Board increase and champion for the protection of persons and
property. The Public Safety Building (Police and Fire) is not manned 24 hours per day/365 days per year. He
encouraged this be addressed by the pertinent departments.
Katey Adams, 45 Williams Drive, apologized for her comments on August 22, stating she was frustrated and
concerned after the Board voted to consolidate all town offices at T.C. Passios on August 15'
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APPOINTMENTS
St. Boniface Parish 1 Day Beer and Wine License for October 7, 2017
Tom Bodkin, 64 Beal Street, and Claude Poirier, 68 Wildwood Road, presented on behalf of the license
application. They would like the one day special license for beer and wine between the hours of 1:00 and 7:00
p.m. Mr. Poirier stated there would only be five people serving versus seven who took TIPS training for the
event. He stated he had a plan showing where on the grounds the beer and wine would be served and would
send it to Executive Assistant Peterson tomorrow morning. Chief Marino had no issues with the license.
Motion: P. Bertram
2"°: D. McQuaid
To approve the One Day Special License (Beer & Wine) for St. Boniface Parish on October 7, 2017
between the hours of 1-7 p.m. on October 7, 2017, pending satisfactory approval of the CORI checks by
staff
Vote: All in Favor
Historical Society Request to use municipal parking lot on October 8, 2017
Chuck Venezia and Bill Tyler, members of the Historical Society, presented to request permission to use the old
Primary School parking lot for a yard sale and a craft sale on Sunday, October 8"h.
. Ms. Bertram asked about a
plot plan for parking and table location. Mr. Venezia said they were waiting to see what kind of repsonse they
would get but had planned on 10' × 10: areas for each person.
Motion: P. Bertram
2". R. Ebersole
To approve the use of the Primary School parking lot for the Lunenburg Historical Society
fundraiser/yard sale on October 8, 2017
Discussion: Mr. Toale asked if the society coordinated with the Farmer's Market about the event. Mr. Venezia
stated they attended their last meeting and there will be some events they are planning also.
Vote: All in Favor
Mr. Venezia and Mr. Tyler thanked the Board. Venezia stated they have a pillary now and if anyone wants to
stop by for a photo opportunity, it would be great to see you all.
Tollbooth Fundraiser Location Change- Lunenburg Boys and Girls Club
Jim Laveck reported theBoys & Girls Club would like to change their location for their tollbooth fundraiser on
the 9th to Massachusetts Avenue and Lancaster Avenue.
Motion: P. Bertram
2"d: R.Ebersole
To approve the location change for the Boys & Girls Club tollbooth fundraiser from Lancaster Avenue to
the intersection of Lancaster Ave and Massachusetts Ave.
Mr. Toale asked if Chief Marino had any concerns. Chief Marino stated as long as they wear the safety vests he
was fine with it.
Vote: All in Favor
CURRENT BUSINESS
1. Traffic Rules & Orders Follow-up Discussion
Chief Marino reported he had submitted a letter to Ms. Lemieux requesting articles be placed on the Special
Town Meeting warrant regarding accepting new speed regulation laws and Chapter 90, § 20A ½ which will
bring us into compliance with the fine section for parking violations.
He also sent a letter asking the Board to consider some truck exclusions. MRC will do the study, if approved.
Chief Marino moved on to the Traffic Rules & Orders. In Article III, Section 3.2, "Any person who" is now
changed to "No person shall..." Section 3-4 (a) Superintendent of streets is now changed to Department of
Public Works (DPW) Director. Article V. Tow Away Zones was amended as well as Article IX, Penalties and
Repeals had some changes. Also added was Schedule XI, Fines.
Mr. Ebersole asked if the fines collected from Section IX, on page 42, would go directly to the Town. Chief
Marino said yes. Mr. Ebersole asked if these fines would affect one's auto insurance rates. Chief Marino stated
in many cases, yes. There is an appeal process in place also.
Ms. Bertram asked if the handicapped parking on Holman Street shouldn't be listed under Schedule I-A, Off
Street Parking Areas. Chief Marino stated it should. Ms. Bertram stated in Schedule IV, Isolated Stop Signs,
we had talked about private stop signs. Chief Marino stated Land Use Director Burney is working on that
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process. Mr. Ebersole noted under Schedule VII, 20 MPH School Zones, Turkey Hill Middle School needs to
be changed to Turkey Hill Elementary School. Also, under Oak Ave. to a point 650 ft. south, north also needs to
be added. The Town needs to adopt this first and then send them to MassDOT for review.
Motion: R. Ebersole
2°d: P. Bertram
To adopt the Traffic Rules and Orders as submitted with the correction to the 20 MPH School Zone on
Oak Avenue and the addition of handicapped parking on Holman Street (near the Lane Property) to
Schedule I-A
Discussion: Mr. Ebersole clarified this is the adoption of the current orders with some improvements and
additional work to be done on stops signs and other parking.
Vote: All in Favor
The Board thanked Chief Marino for his work on these rules.
2. Five Year Moratorium Policy for Road Opening
DPW Director Rodriquenz stated this policy protects the Town's financial investment in our roads. The
moratorium section is very small. The policy states for a period of five years from the date of completion of
paving as a road, that no disturbances to the pavement shall be allowed. The majority of the policy speaks to
exemptions and procedures for exemption and appeal. The road opening permit application fee has not been
he would use local newspapers, town website, televised meetings, letters to residents and phone calls for
notifications. Suggestion was made to create a checklist for notifications to utilities, residents and others who
would be affected.
Greg Bittner, Planning Board Chair, had concerns about the moratorium affecting a big project that could bring
in revenue for the Town. He offered to help get the word out via the Planning Board about roads being paved.
Mr. Rodriquenz stated a development is much more dynamic than installing water service and something he
would talk to his supervisor about. There are a whole myriad of exemptions.
Motion: R. Ebersole
2nd. P. Bertram
That we approve the policy with the following changes: deleting the second sentence in Policy Statement;
adding the words "or designee" after Town Manager under V. Exemption Procedure (F) and (G); adding
the line "Decision to be issued within 14 days," to Sections V. (F) and (G); under VI. Fees (A.)
Application Fee, amending to read, "The application fee for a Street Improvement Permit shall be in
accordance with the fee schedule as adopted by the Board of Selectmen"; under Section VII (C) amend to
read, "Impacted bike lanes or sidewalks shall be restored in their entirety as approved by the DPW
Director"; and under Section VII. (A) (1) delete the words "in his/her sole discretion."
Vote: All in Favor
The Board requested Mr. Rodriquenz provide a fee schedule as soon as possible so they could adopt it.
3. Use of Information Technology Resources Policy for Employees, Boards and Committees
Mr. Toale noted there are two policies, one for appointed and elected board/committee members and one for
employees. Ms. Lemieux reported Labor Counsel Marc Terry drafted these for the Town. She and IT Director
Malindrinos also reviewed it and made some changes.
Motion: P. Bertram
2nd: R.Ebersole
To adopt the Use of Information Technology Resources Policy for Appointed and Elected
Board/Committee Members and Employees
Vote: All in Favor
4. Board of Selectmen Goals
Mr. Toale stated he would like to keep this item on the agenda to plan to make progress in each of their three
goals. We are working on the infrastructure plan through the budget and the Capital Planning process and
finally economic development. Next week at our September 12 workshop meeting we will be discussing
economic development with the Planning Board members and the assistance of Land Use Director Burney and
Ms. Lemieux. This meeting will be televised.
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Minutes/ Warrants/Action File Issues
The Board signed accounts payable warrants in the amounts of $220,743.95 and $109,462.20, and a payroll
warrant in the amount of $739,341.31.
The Board approved minutes of August 8, 2017 and August 15, 2017, as well as Executive Session Minutes of
June 21, 2016 (Session I), August 9, 2016 and January 24, 2017.
Action File Issues: Ms. Luck requested to invite the Lunenburg Water Commissioners to a meeting to discuss
the water usage by the district. Ms. Bertram stated there is correspondence in the file regarding Conservation
Commission minutes not being posted. Ms. Lemieux stated we did follow up and the minutes are now posted on
the town website. Ms. Bertram noted there is correspondence in the file regarding liquor license violations
related to compliance checks by the Police Department. Ms. Lemieux reported Ms. Peterson was drafting letters
to the affected businesses.
Committee Reports
Mr. McQuaid reported Planning Board met on August 28 and held a public hearing for a special permit and site
plan for 994 Northfield Road for construction of a 6 MW large scale ground-mounted photovoltaic installation.
There were a lot of questions from the Board as it relates to the status of the PILOT agreement with that
developer. They are worried about potential impacts of that project on the town and not having a PILOT in
place. Ms. Lemieux reported Nexamp has requested more time to work on the PILOT and to work with the
Assessors' office and herself. This will on the October 3rd
agenda. She had a question into legal counsel whether
Planning Board can grant the permit contingent on the PILOT agreement.
Capital Planning met earlier today. John Henshaw is working on a spreadsheet used to analyze the Capital
requests. We are cleaning capital request forms up to get them to the department heads by the end of the month.
At the same time, Ms. Lemieux is working with the DPW Director and others on a comprehensive Capital plan
that includes school buildings and equipment, municipal buildings and equipment, recreational resources and
water and sewer infrastructure to get a complete view of the town's needs going forward.
Ms. Luck reported the School Committee meets tomorrow. The Storm Water Task Force met on August 24"
and discussed how to use the Community Compact grant funds. There will be a follow up discussion at the
September 28 meeting. We reached out to Brian Doherty of MRPC concerning the data collection and
cataloging tool. Doherty was happy to give a demonstration at their facility. The DPW Director was not at our
meeting, so I have reached out to him but have not heard back yet. The status of the 2003 Ms4 permit
requirements was also discussed. System mapping has been completed. Procedures for removing illicit
discharges to stormwater systems will be identified and documented by Land Use Director Burney using the
Central MA Regional Stormwater Coalition template. These procedures need to be adopted by the Department
of Public Works. Our consultants at DCI are emphasizing the importance of documentation within a central
electronic data system to comply with the requirements of the 2003 permit. Due to Mr. Rodriquenz' absence,
the item was not addressed. Mr. Burney reported articles will be placed on the fall Special Town Meeting to
move the illicit discharge detection and elimination (IDDE) zoning bylaw and the stormwater bylaw will be put
from zoning to the general bylaws.
Ms. Bertram reported Cable Advisory Committee and our legal counsel are meeting Thursday night to continue
negotiations with the Comcast representative.
Town Manager Report
Ms. Lemieux reported the public auction of the foreclosed properties occurred on August 29"
. Four out of five
properties were sold. We received no bids for 98 Youngs Road and received a net total of $37,000 from the sale
of the other four properties. This will have a direct impact on our Free Cash for fiscal 2018 as well as getting
these properties back on the tax rolls. The fees for legal and the auctioneer are on top of the minimum bid.
The mold abatement in the Town Hall basement has been completed. Air samples will be taken within the next
week to confirm all the mold has been abated. A dehumidifier has been installed by DPW personnel. A sump
pump will be installed next. The next step will be to hire a ventilation engineer to evaluate what is needed to
repair the original exhaust/ventilation system on the first floor and whether the existing ductwork can be
restored in order to provide fresh air to and from the offices. The hygienist (air testing) cost is $800.00; we do
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not have a figure for the ventilation engineer yet. The dehumidifier was around $200.00 and we don't have a
cost for the sump pump yet.
Ms. Lemieux met with Facilities Director John Londa last week to identify a T.C. Passios room to store current
Town records. A room was chosen that will not interfere with any future renovation projects. It is easily
accessible by the side parking lot to bring the records into that space. She and the DPW Director will be
meeting with the Worcester County Sheriff's Department on Thursday to discuss potential projects, one of
which will be moving records out of the attic at Town Hall.
Regarding Town Counsel hours, Adam Costa can do two office hour sessions for the next couple of months;
September 11*" from 9 a.m. - Noon and September 25" from 4-7 p.m. Attorney Costa will also be attending a
Planning Board meeting on the 25t
Ms. Bertram inquired if the Summer Street project was advertised at the end of August. Ms. Lemieux will
follow up for confirmation.
Charter Review Committee
Mike Mackin, 26 Cortland Circle, has been appointed as a School Committee designee for the Charter Review
Committee.
Motion:P. Bertram
2"°: R. Ebersole
To ratify the Charter Review Committee appointment of Michael Mackin to the Charter Review
Committee/School Committee designee
Vote: All in Favor
Mr. Ebersole reported Milree Keeling had to decline her appointment due to personal reasons. The Town
Moderator will be appointing a replacement. The School Committee will possibly be naming their other
appointment tomorrow.
There was no further public comment.
Mr. Toale read aloud the reason for entering Executive Session.
Motion: R. Ebersole
2"': P. Bertram
To discuss strategy with respect to litigation, if an open meeting may have a detrimental effect on the
government's bargaining or litigating position, and the Chair declares so, namely Laura Caron- Gustus
v. Town of Lunenburg, The Board of Selectmen and Kerry Speidel, Individual; (Worcester Superior
Court- Civil Action No. WOCV2013-0054C) and to not return to open session
Vote: Ms. Luck-aye, Mr. McQuaid-aye, Ms. Bertram-aye, Mr. Ebersole-aye, Mr. Toale- aye
The meeting was adjourned at 8:31 p.m.
Respectfully submitted,
laurel Peterson
laine M. Peterson
Executive Assistant to the Town Manager