===OCR macOS Vision===
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Also present: Heather Lemieux, Town Manager
The meeting commenced with the Pledge of Allegiance.
PUBLIC COMMENT:
Mr. Toale announced due to attending a community forum on Tuesday, October 24",
, the Board will meet on
Monday, October 23* at 7:00 p.m. in the Lunenburg Middle/High School. The meeting will be recorded but
will be broadcast at a later time.
The Town is forming a partnership with its local businesses to enhance economic development. We would like
to hear from residents about what types of businesses and events can make Lunenburg a better place to live.
Residents are invited to participate in an interactive dialogue that will focus on what residents would like to see
moving forward in terms of business in Lunenburg. The meeting will be in the Bilotta meeting Room in Town
Hall on Monday, November 6" at 7:00 p.m. This meeting is being held with the assistance of the Montachusett
Regional Planning Commission. Please RSVP to John Hume at MRPC by email to jhume@mrpc.org or calling
the Board of Selectmen office at 978-582-4144 by November 1st
Ms. Luck announced free child care will be available during the Resources for Opioid Awareness and Recovery
(ROAR) Forum on the 24'h
at the Lunenburg Middle/High Auditorium from 6:00 - 8:30 p.m. The effort is a
collaboration of CORI'd adult volunteers from the Lunenburg Boys & Girls Club and the Lunenburg National
High School Society students.
Ms. Bertram announced the Lunenburg Snow Riders will have a bridge dedication ceremony in memory of
Peter Charpentier on October 28'* at 11:30 a.m. Participants should meet at the Lane Property parking lot on
Holman Street at 11:00 a.m. Please RSVP to Ms. Bertram at pbertram@lunenburgonline.com or you can go to
the Facebook page for the Lunenburg Snow Riders and RSVP. There will be a light lunch served afterwards.
Katey Adams, 40 Williams Ave, stated she has been advocating for some time to preserve the municipal
identity of town center and to preserve the municipal land for future municipal use. She submitted a citizens'
petition for the Special Town Meeting warrant to place a moratorium for no less than ten years on the sale of
municipal buildings known as T.C. Passios, Ritter Building, Town Hall, Brooks House and the Old Primary
School.
Terri Burchfield, Finance Committee Chair, announced their public hearing on the Special Town Meeting
articles on Thursday, November 9* at 7:00 p.m.
Storm Water Task Force Review MS4 Notice of Intent/discuss MS4 Stormwater Management Plan
Land Use Director Adam Burney gave a presentation about the Phase II permit. The permit is a federal
environmental agency permit issued under the National Pollution Discharge Elimination System process. It is
for the collection of stormwater within an urbanized area that is owned and maintained by a municipality. It
involves public outreach/education/participation and involvement, illicit discharge detection and elimination,
construction site runoff control, post construction runoff control, pollution prevention and good housekeeping.
Currently we are on year 12 of the 2003 permit. The permit is issued through the federal government (EPA)with
conditions and orders. The town submits a Notice of Intent (NOI); within the first year the town completes a
comprehensive storm management plan which outlines the actual activities and identifies responsible parties.
The town will work on yearly activities identified in the permit along with annual work, such as catch basin
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elements that are removed trom the permit.
Ms. Bertram asked for confirmation that mapping of the stormwater outfalls, public outreach and education
items will still go forward. Mr. Burney confirmed the mapping has been done to assist in the pavement
management program in an effort to identify problem areas. In addition, as part of the Community Compact
Program the Storm Water Task Force has hired a consultant to work with the DPW to look at catchment areas
within the MS4 and to start ranking and prioritizing which outfalls and catch basins may benefit from additional
infrastructure or may carry the most pollutant load and would need attention. Mr. Toale asked if the November
special town meeting article addressing stormwater has any relation to the permitting process.
Mr. Burney noted there was no change to the wording but they were being moved from the zoning to the
general bylaws.
Presentation on GASB (Governmental Accounting Standards Board) 75/OPEB
Parker Elmore of Odyssey Advisors reported on the actuarial asset valuation of the OPEB (Other Post
Employment Benefits) plan for the fiscal year ending June 30, 2017 and which reflects adoption of GASB
Statement #45 which became effective July 1, 2008.
Mr. Elmore reported on the OPEB plan actuarial valuation for the reporting period ending June 30, 2018. The
figures relected in the report reflect the adoption by the town of GASB Statement #74 and 75.
The Board thanked him for coming in.
Hickory Hills Landowners Assoc. Dam Committee - Request for Easement
Ms. Bertram stated she was a member of Hickory Hills Dam Committee and a resident of Hickory Hills and
would be recusing herself from this discussion. She has filed a notice of disclosure with the Town Clerk office,
however she would be potentially participating in this and future discussions as a dam committee member and
landowner, but not as a member of this board.
Mr. Toale stated he was a resident/landowner in Hickory Hills and had filed a notice of disclosure under section
23(B)(3), with the Town Clerk office, but did plan to participate as a board member. He noted Mr. McQuaid is
also a Hickory Hills resident and should have filed a notice of disclosure as well. (McQuaid was not present for
this discussion tonight).
John Fortune and Mel Bertram were present to make the request for an easement on town property. Mr. Fortune
stated the dam committee has eight members. He gave a brief overview of the Hickory Hills Lake Dam. The
majority of the dam is adjacent to Townsend Harbor Road. In order to meet recent state requirements,
overtopping the 1900 foot long earthen portion of the dam with erosion resistant material is required. The dam
committee was requesting the town agree to a legal easement to allow HHL to perform and maintain the
overtopping within the right of way as well as approval to work with Town Counsel to draft an easement
agreement using their standard legal document. There will be no monetary cost to the Town, it is being funded
entirely by the Hickory Hills Lake residents. Ms. Bertram stated the committee is looking for approval to work
with Town counsel tonight. She stated she has spoken with Attorney Costa and he believes it makes sense for
him to draft the agreement.
Motion: REbersole
2"d.P. Luck
To authorize Town Counsel through the direction of the Town Manager to review this proposal and draft
the proposed easement
Vote: All in Favor except Ms. Bertram (who recused herself)
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by Attorney Costa, Ms. Lemieux and Mr. Scheid. Ms. Bertram stated she was in favor of the PILOT agreement
but reminded all that there are still other approval processes the applicant needs to go through.
Motion: R. Ebersole
2"d: P. Bertram
To approve the Nexamp PILOT as presented
Vote: All in Favor
Mr. Clark stated they are scheduled to appear before the Conservation Commission and Planning Board. The
exhibit to the document may change based on what's ultimately approved by the above boards. In addition, their
attorney has yet to review the PILOT agreement. He requested these steps be completed before executing the
agreement.
Mir. Ebersole amended his motion to approve this subject to calculations being changed based on the final
project. Ms. Bertram seconded.
Discussion: Ms. Bertram stated if there are substantial changes to the document she would assume it would
come back to this Board. Ms. Lemieux stated there is language within the agreement that it's based on the
nameplate which is the size of the facility, so it could decrease in size and the PILOT payments would be
adjusted. Mr. Ebersole withdrew his amendment to the motion.
The Board agreed that an changes by Nexamp's counsel would have to come back before the Board for
approval.
David Passios asked if this would affect the increase of real estate taxes on that property over that time period of
twenty years. Seletman Bertram confirmed that it would not affect real estate taxes.
Common Victualer License Application-
Global Montello Group d/b/a Honey Farms Store #3829, 134 Leominster-Shirley Road
Wayne Matthews, Territory Manager for Global Montello Group Corporation, presented for the common
victualer license application. He explained there was a change of ownership. They will be coming before the
Board in November for the alcohol license transfer.
Motion:R. Ebersole
To approve the common victualer license for Global Montello Group Corporation for 134 Leominister
Shirley Road as submitted
2nd: P. Bertram
Vote: All in Favor
OLD BUSINESS
1. Board of Selectmen Goals
• Identify desire for and type of Economic Development for Lunenburg
• Develop an Infrastructure Plan (including Roads, Buildings and Equipment)
• Improve Public Satisfaction through Community Involvement and Public Outreach
Mir. Toale stated the economic development workshop and a workshop relative to the municipal buildings
would be coming up within the next month. Ms. Bertram stated in light of the citizen petition article presented
for special town meeting, she suggested a discussion of the building reuse be placed on the agenda sooner rather
than later. She added it might be beneficial to hear from the presenters) of the article as to what the funding
mechanism would be behind their proposed suspension for the next ten years and understand what that would
mean to the town as far as what it means to reutilize or repurpose that space. Further discussion ensued about
the logistics of scheduling workshops in time for special town meeting.
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Mis. Lemleus reportea Josepn and Barbara Unners, the owners of property located at 2030 Massachusetts
Avenue, have notified the town of their intent to remove their 23 acre parcel out of Chapter 61B classification.
We have contacted the Planning Board, Conservation Commission and Open Space Committee to see if there
was any interest in the property. Planning Board had expressed interest in it. The assessed value is $224,000.
Ms. Lemieux explained the process required for the Right of First Refusal which requires a public hearing and
notice to the property landowner. An appraisal of the land, paid for by the town would have to be performed
also.
Motion: R. Ebersole
2nd: P. Bertram
That the Board pursues the option to exercise the Board's right under Chapter 61B to purchase the
property located at 2030 Massachusetts Avenue
Vote: All in Favor
Ms. Lemieux noted the town has 30 days to perform the appraisal after exercising their right.
3. Review November 28, 2017 Special Town Meeting Warrant Articles
Ms. Lemieux noted that any monetary articles that are raising and appropriating at a special town meeting
requires a 2/3rd vote.
Article 1 raises and appropriates or transfers from available funds, all sums of money necessary to amend the
amounts voted for the Town's FY 2018 Budget, under Article 8 of the May 6, 2017 Town Meeting. This article
is to utilize our excess levy due to a higher than expected excess new growth and make any necessary budget
adjustments. The figure can be provided once we receive certification of our new growth from the Department
of Revenue.
Articles 2 and 3 fund the first year, fiscal year 2018, of the Firefighters and Clerical union agreements
respectively.
Article 4 raises and appropriates or transfers from available funds, the sum of money to fund architectural and
engineering services for the conceptual design and construction cost estimates for the construction of municipal
offices at the T.C. Passios Building. A dollar amount will be assigned before the town meeting.
Article 5 is a citizen's petition to raise and appropriate or transfer from available funds, a sum of money in the
amount of $25,000 to supplement the amount voted under Article 7 of the 2017 Annual Town Meeting on May
6, 2017 under the Capital Planning Report which provided $12,000 to be used for the Playground Project at
Wallis Park. The funding source will have to be identified by the petitioner.
David Passios stated he understood there will be surplus money from new growth certification; he wanted to
know if the $800,000 in free cash is available for use at Special Town Meeting in November. Ms. Lemieux
stated it would be available, but that money is typically appropriated at Annual Town Meeting.
Article 6 creates a revolving fund that will use a technology fee that is proposed to be placed on permits and
licenses applied for online. The fees will pay for software fees, software upgrades and equipment related to the
electronic permitting. The departments using this software will be the Planning Board, Building Department,
Zoning Board of Appeals, Town Clerk, Board of Health, Conservation Commission, Board of Selectmen, Fire
Department, and Department of Public Works.
Article 7 establishes a revolving fund for the deposit of proceeds from the rental and lease of the artificial turf
field located at 1079 Massachusetts Avenue. This is a revolving fund established under Chapter 40, § 3 and
creates a revolving fund that will use rental and lease payments received for use of the turf field. If not
established these fees would go into the General Fund.
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expenaltures of the tuna for the upkeep and maintenance of said facility.
Article 10 is a citizens petition and places a moratorium of no less than ten years on the sale of the land and/or
buildings situated thereon known as the Ritter Memorial Building located at 960 Massachusetts Avenue, shown
on Assessor's Map 071, Lot 074; the land and/or buildings situated thereon known as the old Primary School
Building located at 30 School Street, shown on Assessor's Map 071, Lot 076; the land and/or buildings situated
thereon known as Town Hall located at 17 Main Street, shown on Assessor's Map 060, Lot 005; the land and/or
buildings situated thereon known as the Brooks House located at 1033 Massachusetts Avenue, shown on
Assessor's Map 060, Lot 055; and the land and/or buildings situated thereon know n as T.C. Passios School
located at 1025 Massachusetts Avenue, Assessor's Map 060, Lot 055. It was noted the vote will be a non-
binding vote in that it cannot require that a town meeting within the next ten years vote to sell one of the
identified town buildings.
Article 11 authorizes the Board of Selectmen to enter into a lease agreement with a telecommunications
company for the lease of space at the Town Hall, for a term of ten (10) years, with three (3), five (5) year
extensions on such terms and conditions as the Board of Selectmen deem in the best interest of the Town; and to
authorize the Board of Selectmen to take all actions necessary to administer and implement such agreement.
This article is on the warrant because the lease agreement with T-Mobile that was authorized in 2000 is
invalid. The law at that time only allowed for a 10 year lease and the Board at that time signed a 25 year lease
agreement. Once town meeting approves a new lease term of 25 years total, a RFP will be issued to comply
with procurement law as well.
Article 12 amends Article XV of the Town's Bylaw entitled "Salary Administration Plan" of the Town of
Lunenburg as follows: the position of Beach Director be added and assigned to Grade 7; the position of
Lifeguard be added and assigned to Grade 1; the position of Local Inspector be added and assigned to Grade 10.
This article is to comply with the Salary Administration Bylaw to accept any new positions into the Salary
Administration Plan at town meeting with their established grade as approved by the Personnel Committee.
Article 13 accepts M.G.L. c. 90, §17C, authorizing the establishment of a speed limit of 25 miles per hour on
any roadway inside a thickly settled or business district that is not a state highway.
Article 14 accepts M.G.L. c. 90, §18B, authorizing the establishment of designated safety zones with a speed
limit of 20 miles per hour on, at, or near any way which is not a state highway and/or, with the approval of the
Division of Highways, a state highway.
Article 15 accepts M.G.L., c. 90 §20A½, authorizing designation of a parking clerk to perform the duties
specified in said statute.
Article 16 authorizes the Lunenburg Public Schools to enter into a lease agreement for up to five years for the
purchase of a perpetual license agreement with "Footsteps 2 Brilliance" for an early learning mobile technology
platform. This article is a requirement under MGL Chapter 30B because it is for a lease agreement in excess of
three years.
Article 17 authorizes the Board of Selectmen to negotiate, approve, and enter into a tax agreement pursuant to
the provisions of M.G.L. Chapter 59, Section 38H (b), and Chapter 164, Section 1, or any other enabling
authority, between the Town and Nugen, LL.C, or its successors or assigns, for personal property attributable to
solar photovoltaic facilities to be installed and operated in the Town of Lunenburg on land located at 265
Pleasant Street and as shown on Assessor's Map 97, Parcel 90 for a term of up to 25 years and on such terms
and conditions and for such consideration as the Board of Selectmen deems appropriate, and further to authorize
the Board of Selectmen to take such action as may be necessary to carry out the vote taken hereunder;
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Article 1y amends the General Bylaws, by adding the tollowing text as Chapter 204 Sections 1 and 2. Mr.
Burney stated that this article moves the wording from zoning to the general bylaws.
These articles will be reviewed again at the next Board meeting.
4. MSBA Closeout; Approve Final Payment Requisition
This item was tabled until a future meeting.
5. Minutes/Warrants/Action File Issues
The Board signed an accounts payable warrant in the amount of $274,392.77, a payroll warrant in the amount of
$755,675.35 and a deduction warrant in the amount of $160,052.90.
The Board signed Special State Primary Election warrants for Senator in General Court scheduled for Tuesday,
November 7, 2017.
• Ms. Luck stated she has not seen the road opening moratorium policy on the town website. She suggested
placing an informational flyer for inclusion in the next mailing of tax bills. It would need to be submitted to the
Tax Collector's office by December 12" and would cost around $240.00. It was suggested to put the road
opening moratorium policy on one side and stormwater alleviation tips for homeowners of the other side. Ms.
Luck stated a double sided version would be $480.00. Discussion ensued further and Ms. Lemieux will follow
up on this request.
6. Committee Reports
Ms. Luck reported the School Committee met on October 4" and appointed a new Business Manager/HR
director, Michael Cassidy. There was an Executive Session to discuss strategy in preparations to for
negotiations with Lunenburg Custodial Union, Local 503. They meet again on October 18th.
Storm Water Task Force (SWIF) met on October 12th. Ms. Lemieux has signed the proposal submitted by
Design Consultants. $25,000 from the Community Compact grant plus $10,000 in the stormwater budget will
pay for their work. Design Consultants will attend the SWTF meeting on December 7" to report on the status of
the work. Brian Doherty of MRPC is working on setting up a demonstration of using the data collection and
cataloguing software. DPW Director Rodriquenz reported on the status of stormwater mitigation work currently
being performed on the roads being paved as part of the debt exclusion. Berms and other improvements that can
be incorporated during the paving are being done. Off road work will be completed following the paving.
SWTF meets again on November 9th
Ms. Luck attended the MMA Selectmen Fall Conference. She has reached out to the Town of Medfield to see
how they attract civic engagement at town meetings. She took a session on Using Technology to Enhance Civic
Engagement; the public information officer/webmaster from Framingham detailed the 21 ways they utilize from
9 interactive Facebook pages to Hootsuite. They spend around $5,000 plus her time/salary and other
departments' involvement to keep this effort going. She recommended if a town had a FB page to start out
making it informational only and to post at least two daily posts to keep it visual and active.
Ms. Bertram reported Conservation Commission met on October 4". They had a number of hearings, including
a presentation by the Hickory Hills Dam Committee similar to the one presented tonight. There was a site walk
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Cable Advisory continues their negotiations for the license renewal with Comcast.
Town Manager Report:
As a follow-up on a question about how the owners of the liquor license establishments were notified of the
violation hearings on October 3rd
, it was confirmed they were notified by certified mail and the letters to Elena's
Gourmet Grocery, Hadwen Market and Bad Larry's were hand delivered by Ms. Peterson. For those three
businesses they signed a receipt that they received it. Ms. Peterson mailed all the license violation letters last
week by certified mail and all but Elena's has received the letter. All the letters were also sent to the ABCC.
• DLTA Business Town Partnership Grant:_As mentioned at the October 3 Board of Selectmen meeting,
the creation of a central directory of all the businesses in town on the town website was identified as one
method the Town could promote local businesses. After posting the meeting notes from the October 2'"d
meeting with businesses to the website, IT Director Steve Malandrinos set up a form for local businesses
to fill out in order to submit their information and it will be included in a Local Business section on our
website. Ms. Lemieux wanted to thank Steve tor setting up the form and getting the ball rolling. The
next workshop is on Monday, November 6" at 7 p.m. in the Town Hall Joseph Bilotta Meeting Room
and will be for residents to come voice their ideas about the business community in Lunenburg and what
types of business they would like to see. The next scheduled business workshop meeting will be on
Monday, November 13' at 9:30 a.m. in the Town Hall, Joseph Bilotta Meeting Room.
• Nashoba Valley Regional Dispatch District Update: Two other administration board members and I
completed negotiations with the new Executive Director for the Dispatch Center. Mr. Ross Klun began
yesterday and brings 23 years of experience working at a senior level position at Barnstable County
Sheriff's Office. The Administration Board and the staff at the Center are excited to have him on board.
• CPR Training for Town Employees: The Lunenburg Fire Department held the first of two CPR
Trainings for town employees on October 12th
. There were representatives from each of the town
buildings that received the training including the Town Hall, Eagle House Senior Center, Ritter
Building, TC Passios, and the DPW. I want to thank Chief Sullivan, EMS Coordinator Karen Weller,
and John Pozark, a Dispatch Supervisor, who assisted with the training.
• Green Communities Task Force: The Green Communities Task Force met on October 4'*.
. The Green
Communities Task Force is looking for potential energy efficiency projects; I have emailed the
appropriate departments to seek input on potential projects at their respective buildings. They were
asked to have potential projects submitted by November 1st,
as the Green Communities Task Force will
Task Force will
meet on November 8th to discuss the next steps in applying for the Competitive Round of Green
Communities funding. Also, at this next meeting MRPC consultants will be present to discuss how they
will be assisting with grant administration services through the DOER Technical Assistance Grant that
the Town was a recipient of.
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Marshall Park: The DP W Director, the Police Chief, and I met last week to discuss the next steps for
Marshall Park. We agreed that the last engineered plan for parking does not address the limitations of
that property, including potential impact to the wetlands on the property. The DPW Director will be
requesting the engineer revisit the site and provide an alternative to parking that would include
additional parking, keeping the limitations of the property in mind. Once this is complete, we will
present the plan to the Parks Commission, work with the property owners in that neighborhood, and
update the Board on the plan to address the overflow parking that occurs on Chestnut Street.
• 842 Chase Road:_I received a forwarded email from the Conservation Commission about a request by
the owner of property at 842 Chase Road. The owner is interested in donating the land; the property
abuts the Large Town Forest and the Lane Property. I am working with Conservation, Open Space
Committee member Brandon Kibbe and Town Counsel to identify all the necessary steps and town
meeting action that would need to occur. This item could be placed on the Special Town Meeting
warrant now that it has been re-opened.
• Announcements:_Municipal Aggregation Electricity Rates: The new rates for residents that are
municipal aggregation customers with Constellation NewEnergy (formerly ConEdison Solutions, was
acquired by Constellation last year) will be 10.465 cents per kWh starting on their November meter read
date. Our municipal aggregation consultant, Colonial Power, procured this rate from Constellation after
going out tor competitive bids. This rate is .00804 cents higher than last year and this is increase is
largely based on the increase in the capacity charge that is part of the supplier charge (supplier charge is
made up of actual generation cost of the electricity, capacity charge, transmission charge and other
• cheapier charge is
smaller charges). The capacity charge is affected by a decrease in overall electricity generated for this
region due to planned electricity generation plant closures that will in turn mean a shortfall in meeting
peak electricity demand. As of December 1, 2017, Unitil's electric service fixed residential rates will
rise to 12.402 cents per k Wh. Residents can opt in or opt out at any point. We will post a public notice
on the town website with the new rates under this program that includes the contact information to opt in
or opt out of the program is on that Public Notice.
• Affordable Housing Rental Units at Whalom Luxury Apartments:MCO Housing Services sent notice to
the Town advertising affordable rental units at Whalom Luxury Apartments at 250 Whalom Road.
There are 30 affordable units with one and two bedroom apartments that interested persons can submit
an application to participate in this housing lottery. Information has been posted on the town website or
you can contact MCO Housing Services at lotteryinfo@mcohousingservices.com.
Appointment to Conservation Commission- 1 vacancy
Catie Childs- 14 Kimball St.
Mr. Toale reported the conservation Commission is endorsing the appointment of Ms. Childs to its board. She
has a degree in environmental conservation. She has also served on a conservation commission in another
community.
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Dave Passios, 26 Whiting St., reminded residents the Special Town Meeting warrant is open until the 25" of
October at 5:00 p.m.
Mr. Ebersole stated someone responded to Ms. Luck's earlier comment about the School Committee
negotiations. Pror to Proposition 2 ½ being adopted in 1980, the School Committee could come to Town
Meeting and ask for any money and Town Meeting had to appropriate it. Proposition 2 ½ allows the Town to
vote the bottom line. After we vote the bottom line, the budget and all actions by the School Department are
under their jurisdiction. We do not have any authority to be involved in negotiations. Mr. Toale noted the
School Committee is elected and represents the town and trusted they would take their fiduciary responsibility
seriously.
Motion: P. Bertram
To adjourn the meeting
2"d: R. Ebersole
Vote: All in Favor
The meeting adjourned at 9:18 p.m.
Respectfully submitted,
Elaine m. Peters on
Elaine M. Peterson
Executive Assistant to the Town Manager