===OCR macOS Vision===
===PAGE 1===
Meredith Weiss, David Tocki, Matt Furman, Carl Strathmeyer, David Passios, Greg Bittner, Katey Adams
The meeting opened at 7:00 p.m. with the Pledge of Allegiance.
PUBLIC COMMENT:
Ms. Luck announced the Lunenburg Farmers Market "Poop-a-palooza," on Saturday, April 7" from 8:00 a.m.
to 2:00 p.m. Composted manure from a variety of farm animals will be available for sale in various locations in
town. Pick up your map and 5 gallon bucket, with a $5.00 donation, available at H & M Farm located at 188
Flat Hill Road
John Baker, 53 Chase Road, thanked Selectman Paula Bertram for her 12 years of service to the town.
Kim Mayhew, 684 Flat Hill Road, informed all that the Lunenburg 4-H Club will be hosting the first Lunenburg
Earth Day Celebration at Wallis Park on Sunday, April 22nd from 1:00-4:00 p.m. There will be local vendors,
activities with chalk, bubbles and recycling.
Tom Alonzo, 284 Lancaster Avenue, announced the Lunenburg Boys and Girls Club 6" Annual, "Are You
Smarter than Our Six Graders?" fundraiser on Friday, April 13"
at the Lunenburg High School Auditorium. He
encouraged everyone to come out for the event.
Susan Whalen, 377 Flat Hill Road, presented with concerns about excessive stormwater and flooding issues on
her road that she has been dealing with over several years. She presented a handout to the Selectmen listing
some of the concerns. Ms. Luck noted she had walked the area recently and it is very saturated. The first coating
of pavement laid last year has already eroded on one side of the and two feet into the road are cracks in that are
several hundred feet long. Ms. Bertram suggested this item be placed on the next available agenda and to
request DPW Director Rodriquenz attend. Mr. Ebersole suggested Town Manager Lemieux check with the
Planning Board for any drainage plans etc. for the area as well.
Greg Bittner, 129 Pleasant Street, suggested if Ms. Lemieux had any further information, he could have it added
to the next Planning Board agenda.
APPOINTMENTS:
Liquor License Violation Hearing -MIJ,Inc. d/b/a J & M's Sports Bar, 5 Summer Street, #10
Mr. Toale opened the hearing, asked for representatives for the business and the Town and informed all on how
the hearing would proceed. He swore in owner Melissa Thibodeua and Lunenburg Police Sergeant Hebert.
Sgt. Hebert reported he pulled into the parking lot at approximately 1:04 a.m. and noticed a man in a silver Jeep
Cherokee leaning over. He ran the registration plate number and noticed the owner photo did not match the man
in the Jeep. He drove around the side of J& M's Sports Bar and noticed the actual Jeep owner entering the side
door after closing time with another female. He continued around the parking lot and back towards the front and
tound the man in the Jeep passed out in the front seat. He woke him up and determined his name was David.
David could not tell him anything else. David was actually driving a blue Jeep Wrangler and had gotten into the
wrong vehicle. He was taken into protective custody and blew a 238 blood alcohol test at the station 45 minutes
later. Before he went back to the station Hebert went to talk to the bartender on duty, Lisa Boivon. She
admitted this gentleman was in earlier however how much he had consumed, how long he was in there was
unclear as he was getting different answers from Boivin. He informed her if the man showed up in that
condition, she should have called the Police Dept. and not served him at all. That is the first violation. The
===PAGE 2===
sounds like you just said we can't monitor them, is that your procedure? Thibodeau stated we don't encourage
people to drive home intoxicated. Ms. Luck stated you let this intoxicated person leave. Is that your usual
habit? Thibodeau stated we do everything possible to make sure people get home safely. Ms. Luck asked what
did you do to make sure this person got home safely? Thibodeau stated the bartender did what she was
supposed to do by not letting him drink. Ms. Bertram asked how long had he been in the bar prior to being shut
oft. Thibodeau stated not long at all; he came in and asked for drink. The bartender realized he was intoxicated
and took the drink back. Ms. Bertram asked if the bartender was here this evening. Thibodeau replied no, she is
working at the bar. Ms. Bertram noted Sgt. Hebert said there were varying stories from the bartender on what
actually occurred. Without the individual telling us, as you said you were not there; this is a very serious
incident. To have someone in the parking lot with a .238 BA is absolutely unacceptable. Ms. Bertram stated we
are lucky he is still alive and did not drive off. Ms. Luck pointed out he was intoxicated when you let him leave
the building and she understood that is a license violation. Discussion ensued on what the procedure should be
to deal with an intoxicated person. Sgt. Hebert noted it is the business who should have a policy; other places in
town have called us and asked for us to give them a ride home or called a cab or called someone to come get
them. Normally they don't just shut someone off and let them walk out the door.
Ms. Lemieux noted the establishment does not currently have insurance coverage. Ms Thibodeau when asked to
address that, stated that is a surpise to her. Mr. Toale noted it is in the letter that was sent to you, in fact there
have been several letters sent to you. Ms. Bertram added as well as phone calls, attempted phone calls, emails.
Mr. Toale noted this was in the letter that was sent to you. Ms. Bertram asked Thibodeau what her email was.
Thibodeau confirmed it was the one on file with the Selectmen office yet denied receiving any emails from the
office.
Mr. Toale stated it was noted in the letter sent to you that you have failed to pay for and pick up your safety
certificate. Thibodeau stated the only thing she has gotten was notification of an audit. Mr. Toale asked who is
Andrea Fraticelli; that is who signed for the certified letter. Thibodeau stated that is our day bartender. Ms.
Bertram asked you never got the letter stating your insurance has lapsed and you need to supply the new
information in order to keep your license in good standing? Thibodeau stated she never saw any of that.
Mr. Ebersole read aloud from the letter: 1.03 Admission to the Premises (g) Licensees shall refuse entrance to
the premises to a person who appears intoxicated or unruly and shall evict such a patron except that in such a
case the licensee should call the police and should offer assistance to an intoxicated person when possible; and
1.03 Admission to the Premises (k) Licensees shall not allow any patron or any guest or any employee who is
not working that shift to enter the premises after the closing hour posted on the license or prior to the opening
hour posted on the license, and 1.04 (a) Hours of Operation The hours of operation shall be restricted to those
set by the Licensing Authority and stated on the face of the license. No patrons shall be on the premises before
the official opening hours or after the official closing hours. Last call is a minimum of thirty minutes prior to
closing time. Customers must be up and out once the closing hour of the licensed premise is reached. No drinks
shall be consumed after closing hours; 1.13 Other Causes for Revocation, Suspension and Modification (a)
(1) Violation by the licensee of any provision of the relevant General Laws of the Commonwealth, [M.G.L.
Chapter 138, § 12]; and of the regulations of the Alcoholic Beverages Control Commission or of the
regulations of the Licensing Authority; specifically,
1.13 Other Causes for Revocation, Suspension and Modification (4) Failure or refusal of the licensee to
furnish or disclose any information required by any provision of the General Laws or by any rule or regulation
of the Alcoholic Beverage Control Commission or any regulation of the Licensing Authority, [Failure to
===PAGE 3===
closing. Mr. Ebersole stated regulations state licensees shall not allow any patron or any guest or any employee
who is not working that shift to enter the premises after the closing hour. It does not give excuses for why
people are coming back in.
Sgt. Hebert reported the Jeep Cherokee owner and his girlfriend were on the side of the building where people
typically smoke and there is a large exterior cooler there. The Jeep owner couldn't see his vehicle from there.
He did not know somebody was in his vehicle until he approached me and I asked him if that was his vehicle
and to go through it to make sure nothing was taken. He did not know someone was in the vehicle until well
after 1:00 a.m. There were no further questions. Ms. Bertram stated it was extremely unfortunate that the
bartender did not appear tonight to answer specific questions because she was concerned about the level of
intoxication of the patron in the parking lot and not knowing the sequence of events leaves way too many
unanswered questions. Mr. Toale closed the hearing.
Motion: R. Ebersole
2nd: P. Luck
That the Board finds violations of 1.03 (k) Admission to the Premises; shall not allow any patron or any
guest or any employee who is not working that shift to enter the premises after the closing hour posted on the
license; 1.04 (a) Hours of Operation; No patrons shall be on the premises after the official closing hours
(12:45 a.m.); 1.13 Other Causes for Revocation, Suspension and Modification (a) (1) Violation by the
licensee of any regulations of the Alcoholic Beverages Control Commission or of the regulations of the
Licensing Authority; [Failure to provide proof of liquor liability and workers compensation insurance coverage
and to pay the fee for and obtain the safety inspection certificate mandated by the Commonwealth of
Massachusetts]
Discussion: Sgt. Hebert was asked to repeat his testimony regarding the patrons reentering the bar at 1:04 a.m.
Vote: All in Favor
The Board discussed possible sentencing options considering this was the third violation hearing. Ms. Bertram
noted they should be closed immediately until the insurance certificates are furnished. We cannot allow the
business to run without the necessary insurance.
Motion: R. Ebersole
2": P. Bertram
To issue a fourteen day suspension starting Sunday, May 6
Discussion ensued about requesting full year coverage from December 31 to December 31.
Mr. Ebersole amended his motion to require the above. Ms. Bertram amended her second.
Ms. Bertram stated again the business needs to be closed immediately.
Vote: All in Favor
Victory Distributors LLC d/b/a Hannaford Supermarket & Pharmacy - Change of Beneficial
Interest/Beneficial Interest Holders
Lunenburg Assistant Store Manager Jason Ahearn presented on behalf of the license amendment. He stated
there was a change of officers last year and this is to update the license.
Motion:R. Ebersole
2nd. P. Bertram
To approve the Change of Beneficial Interest/Beneficial Interest Holders as requested
Vote: All in Favor
===PAGE 4===
Owner Joslin Schneider presented on behalf of the weekday entertainment license application. They have been
holding an open mic on the first Friday of the month and have been getting more interest from other
entertainers. Mr. Ebersole asked if this would occur inside the buidling. Schneider stated yes. He asked what
their hours of operation were. Schneider replied they offer counter services Friday, Saturday and Sunday from
7:30 am to 3:30 pm and started offering light catering to offices and gyms in the area that want fresher options.
They are also working with the local farmers to do a First Friday Farm Share. Pickup would be at our location.
We would like to hold open mike from six to nine p.m. on the first Friday of the month.
Motion: R.Ebersole
2°°: P. Bertram
To approve the weekday entertainment license with hours not to exceed 9:30 p.m. Monday through
Saturday
Vote: All in Favor
Cable Advisory Committee re: Acceptance of new Comcast License Agreement
Mr. Toale recused himself from the discussion due to the fact his significant other is an employee of Lunenburg
Public Access. He requested Mr. Ebersole chair the discussion. Ms. Bertram noted she is also a member of the
Cable Advisory Committee.
Tom Alonzo, 284 Lancaster Ave., returned to the podium as the Cable Advisory Committee Chair. He reported
they have come to agreement with Comcast on the 10 year contract.
Highlights:
• A capital amount of $170,000; 50% paid in year 1; 25% paid in year 2; 25% paid in year 3
• Subscriber fees which fund the PACC operation will go from 2.5% to 5%
• There will be construction of a fiber video return line to the Middle/High School, location to be
determined
• We will convert a current Leominster channel to the third Lunenburg (education) channel within 2 years
There are three side letters; not part of the contract, but able to be revisited. The first is the ability for us to go to
high definition and that will be revisited sometime after two years have passed. The second talks about getting
an electronic program guide for Lunenburg programming, which is currently a technical issue for Comcast; as it
is hard to provide one for just Lunenburg when they have other towns in their territory. If that becomes
available we will be discussing that. Lastly, a senior discount for subscribers, another issue not under contract,
but could be open for future discussion.
Mr. Alonzo reported at their meeting on March 26#.
, the Cable Advisory Committee voted unanimously to
recommend this contract be signed by the Board of Selectmen. He asked if there were any questions.
Ms. Luck asked if you go with high definition will there be an additional cost? Mr. Alonzo stated since it is not
negotiated it is hard to know. Ms. Bertram added it would need to be discussed at the time if and when it
became available. Ms. Luck asked if there would be a cost for the electronic program guide. Mr. Alonzo noted
again it is not available so the definitive answer is I don't know. Ms. Luck asked if $170,000 is all the
Lunenburg subscribers pay now? Ms. Bertram stated they pay the franchise fee as well. Mr. Alonzo stated on
average it will be a fee change of an additional $2.80 per month; or a percentage of the franchise fee, collected
from Lunenburg subscribers.
Further discussion ensued about the cost to subscribers, cable services survey results and the public hearing.
===PAGE 5===
town for 29 years. She is a retired teacher from the Nashoba School district. Her two children went to
Lunenburg public schools. She would like to offer something back to the community that supported her children
during their school careers.
Ms. Sroka asked Mrs. Archambault if she would be willing to run for election when the time came for the
School Committee in 2019. Mrs. Archambault stated if everything went well, yes; part of the reason for filling
in is to try it out. Further discussion ensued about the time commitment. School committee member Jim LaVeck
asked if she had a vision for the position coming into it. Mrs. Archambault stated she does not have any
agendas; she spent a lot of time teaching in a very high quality school district and she knows what that requires.
Ms. Weiss inquired about how she would gain the background knowledge to begin her first steps on the
committee. Other than that she stated she did not have the background knowledge to say anything is a driving
force to take the position right now. She planned to review the minutes, check policies, the vision and mission
statements, etc. and get up to speed. As issues arise she would have to investigate and talk to parents, teachers
nd ake to parents tache
and other committee members. She added we all need to work together. Ms. Bertrand asked about what she
hopes to bring to the committee in terms of qualities and strengths. She believed her past experience as a
teacher, working with teachers and serving on committees provided a good foundation for being on the school
committee and knowing what a school's needs are. Mr. Ebersole thanked the School Committee for their
insightful questions to Mrs. Archambault.
Motion: REbersole
2™: H. Sroka
To appoint Carol Archambault to the one year term for the School Committee and the next election
Vote: Ms. Sroka -aye, Ms. Weiss- aye, Ms. Bertrand-aye, Mr. LaVeck-aye, Ms. Luck-aye, Mr.
McQuaid-aye, Ms. Bertram-aye, Mr. Ebersole-aye, Mr. Toale- aye.
The Board congratulated Ms. Archambault. The School Committee adjourned their meeting at 8:27 p.m.
Constable Appointment- John H. Godek
John Godek, 321 Pearl Street, Fitchburg was applying for a Constable appointment. He was previously a canine
officer handling both attack and narcotics dogs for the state of Massachusetts. He noted there is a need for civil
process that isn't handled by the local Police department and he was willing to do so.
Motion: R.Ebersole
2nd. P. Bertram
To appoint John Godek as Constable with a term to expire June 30, 2018
Vote: All in Favor
Animal Inspector- Kathleen Comeau-term May 1, 2018 - April 30, 2019
Ms. Lemieux reported animal inspectors make regular and thorough inspections of all neat cattle, sheep and
swine located within their town limits. They provide an annual report to the Commonwealth.
Motion: P. Bertram
To appoint Kathleen Comeau as Animal Inspector with a term of May 1, 2018 through April 30, 2019
2^°: P. Luck
Vote: All in Favor
Resignation- Maureen Dupuis from Agricultural Commission effective March 15, 2018.
Ms. Dupuis has resigned effective immediately due to family obligations.
Motion: R.Ebersole
To accept the resignation
2nd: P. Bertram
Vote: All in Favor
===PAGE 6===
recommendation is implemented, the responsible parties included in the implementation process, and the
estimated time frame that each recommendation can reasonably be accomplished
• Preparation and Distribution of a Promotional Tourism Brochure that would promote the local
businesses and be used on the town website to highlight Lunenburg's resources to visitors. The creation
and distribution of this type of information will assist both our residents in locating local businesses and
our local business owners. Currently there is no central location where this information can be sought
and often residents use social media to solicit information on certain services. This tool would also be
used to show the town's recreational resources, historic locations, and promote our natural resources. As
referenced in MRPC's December 2017 report "Formation of a Business/Town Partnership"
', recreation,
history, arts and culture are also economic development activities that will draw visitors to Lunenburg,
but they also foster a sense of community.
• Creation of a Permitting Guidebook to assist customers with projects of any type and scale or need to
obtain any permit. The Town is in the process of moving to electronic permitting software to create
greater efficiencies in the permitting process and ease of use by the applicant. A permitting guidebook
will complement this process by outlining the requirements for applicants and also address how they can
file their application online and view the status remotely as well.
The Land Use Director and I have a meeting with MRPC staff on Tuesday, April 10th to discuss next steps.
Annual Town Meeting Warrant and Request for Ballot Question on Annual Town Election Warrant:
Due to the deadline to provide the finalized Annual Town Meeting warrant booklet to the printer to mail to
every household according to the Charter/Town Bylaws, there is insufficient time for a ballot question for a debt
exclusion for the demolition of the old Primary School to get on the Annual Town Election warrant. The
Annual Town Election warrant is included in the booklet that is mailed out and is among the warrants to be
signed by the Board tonight. The alternative would be that the Selectmen call a Special Election no later than
September 15th to include a ballot question that would request exempt borrowing for the demolition of the old
Primary School. This would require a 2/3 vote of the entire Board to place an exclusion question on the ballot
(G.L. Ch. 59 §21C (il/2), (i), (k)). A contingent vote that is passed at Annual Town Meeting has until
September 15th to be passed on a referendum vote on the ballot or the appropriation vote at town meeting is
null and void.
Economic Development: Mini-Workshop with Agricultural Commission and Planning Board:
The Agricultural Commission and Planning Board have been invited to the Selectmen's meeting on April 10th
to discuss economic development in relation to our agricultural resources and farms. The second half of the
meeting will be dedicated to a workshop format on this topic.
Dental Insurance:
Last month I requested our insurance broker to seek quotes on dental insurance for Fiscal Year 2019. Our
current provider, Altus Dental, responded with a significant reduction to the monthly premium and a rate that is
guaranteed until June 30, 2020. Currently the rates are as follows:
===PAGE 7===
CURRENT BUSINESS
1. Final Vote on all Annual Town Meeting (ATM) Warrant Articles
Ms. Lemieux reported one article was removed from the warrant at the request of the Sewer
Commission. The articles were then renumbered accordingly.
Article 1. Reports from Committees
Motion: REbersole
To recommend approval of Article 1
2nd: P. Bertram
Vote: All in Favor
Article 2. Amends the general by-laws of Town by adding a new section to establish and authorize revolving
funds for use by certain town departments, boards, committees, agencies or officers under Massachusetts
General Laws Chapter 44, § 53E½
Motion: R.Ebersole
2': P. Bertram
To recommend approval of Article 2
Vote: All in Favor
Article 3. Authorizes revolving funds for various departments, boards, committees, agencies or officers
pursuant to Massachusetts General Law Chapter 44, Section 53E ½ for the fiscal year beginning July 1, 2018 to
be expended in accordance with the by-law heretofore approved
Motion: R.Ebersole
To recommend approval of Article 3
2nd: P. Bertram
Vote: All in Favor
Article 4. Will vote to raise and appropriate, or transfer from available funds, a sum of money for payment of
prior year expenses; Note: at this time there are no prior year expenses.
Motion: R.Ebersole
To make a recommendation at Town Meeting
2nd: P. Bertram
Vote: All in Favor
Article 5. Will vote to transfer 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 Annual Town Meeting and Article 1 of the
November 28, 2017 Special Town Meeting
Motion: REbersole
2"d: P. Bertram
To make a recommendation at Town Meeting
Vote: All in Favor
Article 6. Will vote to raise and appropriate, borrow, or transfer from available funds a sum of money for the
FY 2019 Capital Plan, as appearing in the Capital Planning Committee Report
Motion: R.Ebersole
To recommend approval of Article 6
2nd: P. Bertram
Vote: All in Favor
Article 7. Will vote to raise and appropriate or transfer from available funds, a sum of money to defray the
charges and expenses of the Town for FY 2019 and to fix the salaries and compensation of all elected officials
of the Town and any other items included in the budget of the Town Manager;
Motion: R.Ebersole
2nd: P. Bertram
To recommend approval of Article 7
Vote: All in Favor
===PAGE 8===
Article 10. Will vote to raise and appropriate or transfer from available funds, a sum of money into the OPEB
Trust Fund that was created at the November 10, 2010 Special Town Meeting; (Recommendation is $100,000
from Free Cash and $656.00 from Sewer Retained Funds)
Motion: R.Ebersole
2nd: P. Bertram
To recommend approval of Article 10
Vote: All in Favor
Article 11. Will vote to raise and appropriate or transfer from available funds, a sum of money to operate the
Sewer Enterprise Fund for FY 2019
Motion: R.Ebersole
To recommend approval of Article 11
2nd: P. Bertram
Vote: All in Favor
Article 12. Will vote to transter from available funds a sum of money into the Sewer Capital Reserve
Stabilization Fund; (Recommendation is $29,000.)
Motion: R.Ebersole
To recommend approval of Article 12
2"i: P. Bertram
Vote: All in Favor
Article 13. Will vote to raise and appropriate or transfer from available funds a sum of money to operate the
Solid Waste Disposal Program Enterprise Fund for FY 2019; (Recommendation is $292,000.)
Motion: R.Ebersole
To recommend approval of Article 13
2n': P. Bertram
Vote: All in Favor
Article 14. Will vote to raise and appropriate or transfer from available funds a sum of money to operate the
Water Department/Water Enterprise Fund for FY 2019; (Recommendation is $25,000.)
Motion: R.Ebersole
To recommend approval of Article 14
2nd: P. Bertram
Vote: All in Favor
Article 15. Will vote to appropriate from Public Educational Governmental (PEG) Access and Cable Related
Fund Revenues, a sum of money to fund the FY 2019 PEG Access Committee operating budget and capital
budget; (Recommendation is $192,600.)
Motion: R.Ebersole
2nd. P. Bertram
To recommend approval of Article 15
Vote: All in Favor
Article 16. Will vote to appropriate a sum of money from the Sale of Cemetery lots account to be used for the
care and improvement and embellishment of the Town Cemeteries; (Recommendation is $20,000.)
Motion: R.Ebersole
2*: P. Bertram
To recommend approval of Article 16
Vote: All in Favor
Article 17. Will vote to rescind the sum of $838,675, the remaining borrowing authorization, from Article 25 of
the May 3, 2014 Annual Town Meeting for sewer construction;
Motion: R.Ebersole
To recommend approval of Article 17
2nd: P. Bertram
Vote: All in Favor
===PAGE 9===
Article 20. Will vote to authorize the Board of Selectmen to convey the building known as the Brooks House,
located at 1033 Massachusetts Avenue, shown on Assessor's Map 060, Lot 055 from the Board of Selectmen
for general purposes to the Board of Selectmen for the purpose of conveyance, and to authorize the Board of
Selectmen to sell the building situated thereon, and take any legal action necessary to effectuate the sale of said
building situated thereon;
Motion: REbersole
2nd: P. Luck
To recommend approval of Article 20
Discussion: Mr. Ebersole noted the Architectural Preservation District Commission has jurisdiction over
demolition or removal of a building. Ms. Bertram stated there is not a comprehensive plan for the buildings as a
whole and taking them piecemeal is not an option she would support. Mr. McQuaid stated we need to find out if
someone actually wants the building first and that feeds into the plan. If we are going to knock it down that is
part of the process too by showing the APDC that we tried to do something with it. Ms. Bertram understood the
rationale but stated this Board had not had any prior conversations about this. Mr. Ebersole believed to try to tie
every single building together is going to make every effort fail. Ms. Bertram disagreed and thought all the
buildings are tied together. This Board talked about a town center plan and we have diverged from that.
Vote: 4 in favor, 1 against (Bertram)
Article 21. Will vote to authorize the Board of Selectmen to convey to Hickory Hills Landowners Inc.., the
owners of the property located at 199 Townsend Harbor Road, Assessors Map 042 Parcel 01, 285 Townsend
Harbor Road, Assessors Map 043 Parcel 03 and to Ryan and Marley Dixon, the owners of the property located
at 307 Townsend Harbor Road, Assessors Map 043 Parcel 01, and their successors, a perpetual easement along
and upon portions of the Town owned property along Townsend Harbor Road from 169 Townsend Harbor
Road to 307 Townsend Harbor Road, approximately 12' feet wide by 1900' long, for the purpose of installing
overtopping protection along Hickory Hills Dam, and maintenance thereof, on such terms and conditions which
the Board of Selectmen may determine; (This is a citizens' petition).
Discussion: Mr. Toale recommended that due to the fact three Board members are residents in Hickory Hills
that the Board not make a recommendation on this article. Ms. Bertram noted she filed a Notice of Appearance
of Conflict of Interest as a member of the Hickory Hills Dam Committee and was advised by Town counsel that
she could represent them as long as she filed the form. Mr. Ebersole stated he supported this article because this
is work to make sure the dam does not fail in the event of catastrophic additional water and other issues.
Article 22. Will vote to authorize the Board of Selectmen to convey the property located at 161 Gilchrest
Street, shown on Assessor's Map 031 Parcel 0010 from the Board of Selectmen for general purposes to the
Board of Selectmen for the purpose of conveyance on such terms and conditions and for such consideration as
the Board of Selectmen deems appropriate, and to take any legal action necessary to effectuate the same; and to
authorize the Board of Selectmen to acquire, in partial or full consideration of the 161 Gilchrest Street property
that other property located at 171 Gilchrest Street, shown on Assessor's Map 031 Parcel 0011, for the purpose
of conservation land and in order to obtain meaningful access to the Lane Conservation property
Motion: R.Ebersole
2": P. Bertram
To recommend approval of Article 22
Vote: All in Favor
===PAGE 10===
$400,000.00, or some other sum or sums; and that to meet this appropriation, the Treasurer, with the approval of
the Selectmen, be authorized to borrow said amount under and pursuant to Chapter 44, Section 7(1) of the
General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor;
and that the Board of Selectmen be authorized to take any other action necessary to carry out this project; and
further, to see whether such vote will be contingent upon a vote by ballot at the annual town election to exclude
the amounts necessary to repay the debt service on any such borrowing from the property tax limitation
provisions of Chapter 59, Section 21C of the General Laws (Proposition Two and One Half Ms. Lemieux
noted this is a citizen's petition and the petitioner was here tonight.
Dave Passios, 56 Whiting Street, stated this petition was the result of citizens getting together over the past two
months. It does separate this building out from the other five buildings. He stated it would help enhance open
space and provide an area for a farmer's market, band concerts, small performance events and festivals in a
safer location. It opens up more parking spaces for that area. It would be like a town park not for sports venues.
Further discussion ensued on the pros and cons of demolishing the building, possible additional unforeseen
costs and the resulting impact on real estate tax bills and the capital plan, current maintenance of the building,
current maintenance of the existing Town green spaces, a lack of a comprehensive plan for all the affected
municipal buildings, as well as the area being on a dead end street with lack of visibility from the road.
Motion: D. McQuaid
To not recommend approval of Article 24
2": P. Luck
Vote: All in Favor
Mr. Passios stated he felt he did his due diligence as best he could with the data available and intended to take
this to town meeting floor. We will also debate it there with the townspeople and his hope is they will agree
with our group. He thanked the Board.
Article 25. Will vote to amend the Sewer Service Area Map, adding Tilton Avenue to the Lunenburg Sewer
Service Area and Sewer Service Zone (parcel ID's 75-18, -19, -20, -21, -22, - 23, - 24, - 25, - 26, -27, a total of 10
parcels);
Mr. Ebersole noted this was a parcel that was excluded when the town service area map was done. They have
determined that that it was should go back into it, partly because of the needs of the residents. The article that
was removed was to do a betterment to put a sewer in. They did not get the 2/3rd required vote to support it.
There are some people at the initial part of the road that would qualify to do a private sewer extension if this
was included in the service area.
Motion: R. Ebersole
To recommend approval of Article 25
Following further discussion, Mr. Ebersole withdrew his motion.
Motion: P. Luck To recommend approval of Article 25 There was no second.
Motion: R. Ebersole To make a recommendation at Town Meeting
2"d: P. Bertram
Vote: 4 in favor, 1 opposed (Luck)
===PAGE 11===
1. Change the name of the board of selectmen to select board.
2. Change the manner of selection of the town clerk from elected to appointed by the town manager subject
to ratification by the select board.
3. Providing that persons appointed to town committees be residents registered to vote in town.
4. Providing for a second annual town meeting in the fall, the time and date of which to be set by by-law.
5. Providing that conduct of town meeting to be governed by "Town Meeting Time"
6. Clarify and confirm the appointment powers of the select board and town manager to provide for
appointment of various department heads be appointed by the town manager subject to ratification by
the select board.
7. Clarifying the duties of the town manager relating to personnel management, jurisdiction over town
facilities, property and day to day operations, the budget process and enforcement of charter provisions
and town by-laws:
%. Make certain other grammatical and phrasing changes that do not alter the meaning or intent of existin
provisions, as well as updating requirements of the open meeting law to comply with state law.,
and to authorize the charter review committee to submit to the General Court for enactment as the Revised
Charter of the Town of Lunenburg the proposed legislation contained in the Final Report of the Charter Review
Committee 2018, copies of which were placed on file in the office of the Board of Selectmen and the office of
the Town Clerk and copies of which were made available for public distribution at the office of the Board of
Selectmen, the office of the Town Clerk at the Town Hall, at the main circulation desk of the Lunenburg Public
Library and on the town website forthwith following such filing. Said Charter Review Committee is further
authorized to consult with the members of the General Court and is hereby authorized to approve such changes
or alteration to the draft text of the special legislation as may be suggested by the General Court if any;
(Submitted by the Charter Review Committee)
Mr. Ebersole noted there is a public hearing on this Thursday for the charter changes.
Motion: R. Ebersole
2": P. Luck
To make a recommendation at Town Meeting
Discussion ensued about protocol for any changes to the charter after posting the warrant article
Vote: All in Favor
Ms. Bertram requested further discussion occur at a Board before Annual Town Meeting. Mr. Ebersole
encouraged feedback on the proposed changes from residents.
Article 28. Votes to amend the Town of Lunenburg Code, Chapter 81 Town Meetings, as follows:
In 81-2 Meeting and election dates to add the word "first" before the words "Annual Town Meeting" and to add
the following sentence at the end of the section: The second Annual Town Meeting shall be held on the second
Tuesday in November commencing at 7:00 p.m., so that the section reads as follows:
The first Annual Town Meeting shall be held on the first Saturday in May commencing at 9:00 a.m., and all
required reports shall be made at that time. The Annual Town Election shall be held on the third Saturday in
May commencing at 7:00 a.m. and ending at 5:00 p.m. The second Annual Town Meeting shall be held on the
second Tuesday in November commencing at 7:00 p.m.; and
• -
===PAGE 12===
bylaw articles and budget adjustment articles will automatically move to that which then would make the town
meeting in the spring a shorter time period. We believed if voters knew the two dates for the meeting they
would not schedule other things during that time period. This could be approved regardless of what happens
with the previous article. The other reason we were talking about a second annual town meeting was to not
follow the rules of the special town meeting as special town meeting requires a 2/3rd vote for money articles.
This would not be the case with a second annual town meeting.
Motion: R. Ebersole
To make a recommendation at Town Meeting
2*: P. Bertram
Vote: All in Favor
Ms. Bertram asked if this would be discussed before the annual town meeting also. She also requested the cost
of holding an annual town meeting. Over the last ten years how many times have we had to hold a special town
meeting?
Article 29. Votes to amend the Code of Lunenburg, Chapter 70 entitled "Salary Administration Plan" as
follows: the position of Outreach Coordinator be added and assigned Grade 7; amend the title of Outreach
Worker, Grade 6, to Outreach Assistant; and to amend §70.2, 70.18, and 70.26 as shown on a document entitled
"Amendments to the Salary Administration Plan Bylaw," dated April 10, 2018, with additions to the Bylaw
underlined and deletions stricken-through therein, the entire text of which is on file at the office of the Town
Clerk and Board of Selectmen's Office; or take any other action relative thereto. (Submitted by the Personnel
Committee)
Motion: REbersole
2nd: P. Bertram
To recommend approval of Article 29
Vote: All in Favor
Article 30. Votes to amend the Code of Lunenburg, Chapter 12, Article VIII, §12-22 by inserting the bold text
as follows:
Article VIII Agricultural Commission
Section 12-22 Membership and appointment; terms
"The Commission shall consist of five members, and two (2) alternate members, appointed by the Board of
Selectmen at the recommendation of the Town Manager. A majority of the membership shall be substantially
engaged in the pursuit of agriculture. Members shall be appointed to serve three-year terms, except that the
initial terms of office shall be staggered at the discretion of the Board of Selectmen, so that the approximately
1/3 of the terms shall expire each year. The appointing authority shall fill any vacancy based on the unexpired
term being vacated at the recommendations of the standing Commission." (Submitted by the Agricultural
Commission)
Agricultural Commission Chair Jeffrey Mendoza, 162 Lancaster Avenue, stated getting a quorum for meetings
can be difficult during certain times of the year. This would allow us to continue the commission's work.
Motion: R.Ebersole
2": P. Bertram
To recommend approval of Article 30
Vote: All in Favor
Article 31. Votes to amend the Code of Lunenburg, Chapter 250, § 4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, and 4.17,
which are Sections of the Protective Bylaw, regarding permitted and prohibited uses, generally, as well as the
specific use provisions of the Residence and Outlying Districts, Recreation District, Limited
===PAGE 13===
VAA
Sections of the Protective Bylaw, regarding the use provisions of the Water Supply Protection District, Route
2A Overlay District, Lake Whalom Overlay District, Tri-Town Smart Growth District and Summer Street
Revitalization Overlay District, as shown on a document entitled "Overlay Districts," dated April 10, 2018, with
additions to the Bylaw underlined and deletions stricken through therein, the entire text of which is on file at the
office of the Town Clerk, Board of Selectmen, and Planning Board; or take any action relative thereto.
(Submitted by the Planning Board)
Motion: R.Ebersole
2°: P. Bertram
To make recommendations at town meeting for articles 32, 33, 34, 35; all zoning articles
Vote: All in Favor
2. Sign the Annual Town Meeting Warrant
Ms. Lemieux presented the five warrants for legal posting around town. These do list any recommendations by
the Board.
Motion: R.Ebersole
To sign the Annual Town Meeting warrant
2"°: P. Bertram
Vote: All in Favor
3. Request by Citizen for debt exclusion question on Annual Town Election Ballot
Dave Passios, 56 Whiting Street, returned to the podium and stated part of the process to get the funding for the
article involves exempted borrowing outside of Proposition 2 1/2. This is not the same as an override as the
extra amount on the real tax bills goes away after the short term borrowing is paid off. Massachusetts General
Law dictates the placing of a question on the election ballot following annual town meeting. He stated he had
requested it be placed on the ballot on March 22°d and Town Manager had called him this evening and informed
him there was a problem with the time frame. It would have to go to a special election if the article is approved.
He stated he did his due diligence and requested an accommodation be made to get this question on the election
ballot. Right now he was being told it would have to go on a special election ballot and therefore adding
another cost for the Town. He did talk with the DPW Director and received a cost of $1000 annually for utilities
for the old Primary School building maintenance.
Ms. Lemieux confirmed the warrant needs to go the printer in order to be mailed in time to meet legal posting
requirements. Discussion ensued about process for town meeting.
Motion: P. Bertram
2"®; P. Luck
To place the election ballot question as written
Discussion: Ms. Luck wanted to be assured the Town would not go over the requested amount of $400,000.
She was informed that you can't do that. Mr. Ebersole noted the article states including "the payment of all
costs associated incidental and related" Town meeting could limit it to $400,000 but if the final number came in
at $500,000, we would have to return to town meeting to revote. But you would not have a second vote at the
election ballot because you voted to exempt the borrowing purposes.
Mr. Passios noted the wording of the article and the election question were drafted by an experienced municipal
attorney. Tom Alonzo, 284 Lancaster Avenue, wanted to remind people that Prop. 2 ½ laws governed by the
state strictly say that citizen petitions can't demand one so the power of putting one on the warrant is within the
Board of Selectmen's purview. When there is talk of an accommodation there's no expectation that it would go
on the ballot to begin with. It is clear why the legislation is read that way; putting a $400,000 item on the
warrant that is going to increase people's taxes and then say we are going to wait potentially until town meeting,
===PAGE 14===
Katey Adams, 43 Willlams Drive, stated a lot of communities encourage citizen's petitions and see them as a
healthy process because in open town meeting government, the town is the legislative body. When she hears
Mr. Alonzo talking about it being up to the Board on what's on the ballot, it may be true, but it doesn't
represent how we should be treating another.
Mr. McQuaid stated there needs to be a plan; everything we do feeds into a plan, a budget; what are we going to
do next? The one shot citizen's petitions don't participate in that plan. The people have the right to vote on it
but he was concerned with the trend. We can't keep doing these one shot things; everything should be part of
the plan. Come in earlier in the process and go to the Capital Planning Committee meetings, go to the Finance
Committee meetings, get involved in the process. He was concerned that things that are important are going to
be left behind as a result, that's not the right way to operate a town.
Mr. Ebersole asked if town counsel reviewed the article. Ms. Lemieux confirmed he did but because it is a
citizen's petition the wording can't be changed. Ms. Luck was not in favor or more tax increases. She had asked
that there be a discussion about taxes being raised every year and was told it would be discussed at budget time.
We have not had a discussion at all about this. Ms. Bertram requested the vote be taken on her motion.
Vote: 4-1 not in favor (Bertram voted in favor)
It was noted if town meeting votes in favor of the article it would return to the Board of Selectmen. Ms. Bertram
expressed frustration at not continuing to hold charrettes, discussions, etc. She got the impression that only a
couple hundred people responded to the survey and the consensus was their opinions don't count.
Mr. Toale stated people have a right, a duty and an obligation and they are welcome. But there is a Capital Plan
process with priorities and just because there is a special interest group that is not subject to Open Meeting law
comes up with an idea and has a couple of people that support it, doesn't mean they get to jump the line.
Further discussion ensued about moving forward. Ms. Lemieux suggested the May workshop agenda address
town facilities; hold another charrette or discuss options for a long term plan for the buildings. We also
discussed inviting the Parks Commission as far as their piece on the town facilities and infrastructure.
The first step after receiving all that Vertex data is moving that into the Capital Plan. We need to look at that
data and see how we spread that cost out and prioritize each of those costs. Ms. Bertram disagreed with that
approach; we have to decide as community what our plan is.
Mr. Ebersole noted no one is going to support anything unless they know the costs. That is why we have been
asking for more information, doing more research. We did not get into the over one year, it's been going on for
years and we have to do it with a plan and it is going to take time. There have to be parallel tracks. He
appreciated the citizen involvement and just because we disagree with you doesn't mean we don't welcome
you. Ms. Lemieux stated the Capital Plan is a working document. As priorities change you update it. So if the
decision to demolish the old Primary School is approved, we will put it in the Capital Plan.
4. Minutes/ Warrants/ Action File Issues
Minutes of March 20 and March 29, 2018 were approved. An accounts payable warrant in the amount of
$225,732.44; a payroll warrant in the amount of $783,303.16; a payroll deductions warrant in the amount of
$549,405.76 and a payroll/workers compensation warrant in the amount of $2007.66 were presented.
The May 19, 2018 Annual Election warrant was presented for signatures.
===PAGE 15===
as moderator and Mark Bursch was reelected to the commission.
Ms. Bertram reported Montachusett Planning Organization (MPO) met on March 28" and started talking about
the 2019-2023 Iransportation Improvement Plan (lIP). There are limited funds available and many projects.
They did come up with a scenario that they will recommend at their next meeting. They discussed the United
Planning Work Program (UPWP) and the Lunenburg walkability and parking study is currently included in the
draft. This study will complement the town's Complete Streets prioritization plan. One of the UPWP's tasks is
pavement management systems; specifically looking at the federal aid eligible roadways within the region.
Lunenburg has around 25 federal eligible roads. There will be an inventory of the roads using Road Manager
software. She is hoping we can utilize that data to complement our pavement management plan. She
recommended the DPW Director keep in contact with Brad Harris on that specific task because Lunenburg
could benefit and not have to duplicate efforts.
Ms. Bertram announced the passing away of Nicki Tischler, aged 29, the MassDOT Boston liaison to MPO. due
to a brain aneurism. She will be sadly missed.
Mr. McQuaid announced the Planning Board public hearings on their warrant articles will be on April 9".
Mr. Ebersole announced the Charter Review Committee will be holding their public hearing on proposed Town
Charter changes on April 5"' here at 7:00 p.m. It will be televised and they welcome written comments in
advance sent to the Town Manager but people are welcome to make comments personally as well.
Mr. Toale announced the April 10" meeting will have a discussion on social media and we will also meet with
the Agricultural Commission and the Planning Board to discuss economic development.
PUBLIC COMMENT
Katey Adams, 45 Williams Drive, stated she likes consistency and pointed out that Article 5 on the November
2017 meeting was a citizen petition warrant and the Board of Selectmen voted to endorse it even though it did
not go through the process. So there is an inconsistency of choosing some to endorse and some to not endorse.
Jeremy Madore, 98 Old Farm Road, stated he just moved to town and referred to the earlier public comment
about the Flat Hill Road flooding. He stated when he was growing up their basement flooded. They decided to
plant a garden and all of the sudden the flooding stopped. It occurred to him while Ms. Whalen was talking that
the nearby field that was previously used may have settled and is causing the water runoff.
In regards to the Public Access Channel, he questioned what is the actual viewership and whether or not the
subscriber fees increase to 5% are actually worth it or is it more of a public relations basis or if it is actually
being utilized because the viewership has created a demand.
Dave Passios, 56 Whiting Street, noted the article for the demolition of the Primary School is moving forward
to town meeting. He asked the citizens of Lunenburg to tell us at town meeting if you agree or disagree. He
questioned the timeframe of a special election if the article passes. Ms. Lemieux stated it would be 90 days from
the vote or September 15'
Dave Rodgers, 82 Highland Street, when asked to identify himself initially stated his name was Jose Jiminez
and then corrected it to his actual name. He stated the Wallis Park playground build is going to take place on the
3'' and 4"' of May and should be completed by May I'h
"Jeffrey Mendoza, 162 Lancaster Ave., stated he found
the Jose Jimenez crack to be offensive.
Mr. McQuaid noted the Wallis Park project did involve extensive community involvement, not just a citizen's
petition warrant article. There was money raised ahead of the article coming forward and it was a longer more
involved process with community and town discussion. So he would put the other citizen's petition in a
===PAGE 16===
The public session adjourned at 10:33 p.m.
*************************Executive Session Minutes are Separate******************************
Respectfully submitted,
Elaiiem. Peterson
Elaine M. Peterson
Executive Assistant to the Town Manager