===OCR macOS Vision===
===PAGE 1===
Not present: Phyllis Luck, Member
The meeting opened at 7:00 p.m. with the Pledge of Allegiance.
RECEIVED & FILED
PUBLIC COMMENT:
Mr. Toale announced the following vacancies:
AGRICULTURAL COMMISSION- 2 vacancies as of June 30, 2018
JUN 13 2018
LUNENBURG TOWN
CLERK OFFICE
ARCHITECTURAL PRESERVATION DISTRICT COMMISSION- 1 vacancy
CULTURAL COUNCIL- Several vacancies as of June 30, 2018
PUBLIC ACCESS CABLE COMMITTEE- 2 vacancies
PERSONNEL BOARD- 1 vacancy
FINANCE COMMITTEE- 1 vacancy as of June 30, 2018
He advised that anyone interested in any of these positions should submit a talent bank form to the Board of
Selectmen office.
Mr. Toale stated in accordance with the requirements of Open Meeting Law, he advised all that this meeting
was being recorded and broadcast over the Lunenburg Public Access channel.
Mr. Ebersole thanked everyone who came out to Annual Town Meeting on last Saturday.
Julia Callahan, 24 Beal Street, commented in regards to transforming the Passios Building into town offices and
creating a municipal campus around that location. She stated she works at Lunenburg High School and recently
they had to shelter in place due to a suspicious vehicle parked on the access road. Though this vehicle posed no
threat after investigation, it did create fear and anxiety for the students and faculty during the event. Bringing
more traffic on to the school campus could pose unforeseen consequences for student and staff safety.
Police Chief Marino reported Hannah Anderson is organizing a grassroots effort to raise funding for purchasing
AEDs (defibrillators) for the Police Department. He thanked her for the efforts she has already made. He
wanted to inform the public that she is organizing a basketball game and a team to play against the Police
Department as a fundraiser. It will be June 14" at the High School gymnasium. More information will come as
we near the date.
APPOINTMENTS
Liquor License Violation Hearing - J & M's Sports Bar- 5 Summer Street, #10; License #00047-GP-0636
He invited the licensee, Melissa Thibodeau and her attorney Donna Pawluk to come forward as well as the
Police Department officer, Sergeant Jack Hebert. He explained the hearing procedure to all and swore in
Sergeant Hebert. Sergeant Hebert read his police report aloud.
===PAGE 2===
This vehicle appeared to be a dark colored sedan, no other information was obtained. I backed up and pulled to
the side of the building by the cooler.
I advised dispatch that I would be out at this establishment, as another vehicle pulled into the parking lot
and parked on the side of the building. This vehicle was a black 1999 Honda Civic, Ma reg. 4JE721, registered
to Maria Gotsens. I exited my cruiser and approached this Honda. With the drivers side window rolled down, I
could hear the operator, identified as Gotsens, speaking with someone on her cellphone. I then heard Gotsens
state "I am outside," with a pause and then "O.k, I'm coming in to get the money," Gotsens then exited her
vehicle and began to walk towards the building. I asked where she was going and she stated she was meeting
someone at the bar to pick up some money. I advised her that she could not go into the bar after closing hours,
as I attempted to open the side door, both sides were locked. I then asked Gotsens to call whoever she was
meeting and have them come and open the door, which she did.
A couple seconds later, a female, known to me to be the bar owner Melissa Thibodeau (DOB
SS#:
., exited through the left side of this double door. I greeted her and advised her to catch the door,
as it was closing behind her and I did not want her to get locked out. Thibodeau then stated "He can let me back
in." I asked who he was and she stated "The bartender." I asked what she was doing here, on a Monday night, if
the bartender was closing and she advised me that she "Was the Manager on duty tonight." I asked who owned
the motorcycle and she stated it was Jason Parker's. Parker is known to me from a previous incident at this
location, during which time he identified himself as an employee of this establishment. I asked where he was
and Thibodeau stated "He left it here." I asked who owned the other 2 vehicles parked on the side of the
building and Thibodeau started to get upset, raised her voice and stated "I don't know."
It was later learned through a records check that the Nissan parked in the handicapped space belonged to
Kathleen Burke at the same address in Fitchburg as Thibodeau. It's known to me that Thibodeau typically parks
in this handicapped space when she is at this establishment. I asked who owned the yellow Monti Carlo out
front and she stated it was "The bartender's girlfriend's." I asked if she was inside and Thibodeau paused then
stated "Are we going to do this again." I reminded Thibodeau that she was just in front of the board of
Selectman for a violation hearing 2 weeks prior and the suspension for that violation hadn't been served yet,
scheduled for 4/8 through 4/15. I also reminded her that she had another violation hearing scheduled in front of
the board of Selectman for 2 weeks from this date, scheduled for 4/3/18.
As I spoke to Thibodeau, I noted that she had an odor of alcoholic beverages coming from her breath and
her eyes were bloodshot and glassy. I asked who else was in the bar after closing, as the time now was
approximately 0130, and then advised her to open the door for inspection. A knock on the door was answered
by a male, identified as Matthew Sciabarrasi.
===PAGE 3===
ride, even though there was a vehicle parked outside that appeared to be driven to this establishment by
Thibodeau. From this statement, it appeared that Thibodeau herself felt she was to intoxicated to safely drive
herself home.
I advised Thibodeau that I would be filing another report and that when I pull into the parking lot and see
5 vehicles in the lot and 1 pulling in after closing, but the building is dark, it's kind of a give away that there are
people in the bar after closing. She then stated that they close every night in the dark, as I observed Mcneil
attempting to read a receipt by the light given off from the beverage cooler. I noted that the only lighting in the
establishment was from a small light at the front of the bar, the television behind the bar and various machines. I
also noted that I observe this establishment on a regular basis during closing time and the lights are typically
turned on during closing. It was so dark in this establishment that I had to use my flashlight to read the license
numbers off Sciabarrasi and Gallant's licenses, as well as to read Mcneils passport.
I then asked Sciabarrasi and Gallant to leave the establishment and wait outside. Thibodeau then began to
get nasty and tell me that she was getting a lawyer and that I was harassing her and her business. I again
reminded Thibodeau about the selectman's meeting 2 weeks prior to this incident, when the rules in regards to
patrons being in the bar after closing time was read and explained to her, and yet here she is again with people in
the bar well after closing time. I advised her that it was not a difficult concept to comprehend and advised her
that it she was having problems with people leaving then I would be glad to assist her with that issue, as I have
done with other bar's in Town, however the people she has in the bar after closing are always allowed to stay. I
then again asked Sciabarrasi and Gallant to wait outside, both Thibodeau and Gallant then had to comment
about it not being safe for Gallant, with Thibodeau stating 'If she gets raped out there it's on you" and Gallant
commenting about getting attacked in the parking lot and being on the Lunenburg Police Department. I advised
them that I would be glad to assist them if they felt the parking lot was not well lit enough and was unsafe,
however at this time they had to leave the bar. It should be noted that this parking lot is, in my opinion, the best
lit area in Town in regards to bars. The lot is lit by overhead lights in the parking lot, as well as from the street
lights and lights from the car dealership across the street and home surplus store next door. There are video
surveillance camera's located at the car dealership across the street, the Asian Video store in this same plaza, as
well as at J and M's Sports Bar itself.
Gallant then left through the front door, while Sciabarrasi and Thibodeau left through the side door.
Thibodeau was not observed to do anything, as far as cleanup or closing is concerned, the entire time I was in
the bar. She never went behind the bar, nor did she do anything prior to leaving with Sciabarrasi. Sciabarrasi and
Thibodeau then walked to the rear of the building and left in the dark colored sedan. A RMV check showed
===PAGE 4===
In conclusion, he stated that is the basis of the violation, having two people in the bar after closing. Ms. Bertram
noted the list of people in the beginning of the police report amounted to six. Hebert stated that is the list of
vehicles in the parking lot. There were four people in the bar; Ms.Thibodeau, who said she was the manager on
duty that night, the bartender, Sciabarrasi, her ride and Alisha Gallant. Ms. Bertram asked Sgt. Hebert when he
talked to Ms. Thibodeau that he smelled the odor of alcohol? He confirmed she had bloodshot glassy eyes and
the odor of alcoholic beverages coming from her breath. She said she was the manager on duty that night. When
we went into the bar he noticed she never went behind the bar to do any type of closing activities. She stayed on
the patron side of the bar and her vehicle was left there overnight and she said Sciabarrasi was her ride home
indicating to me that she felt she was too intoxicated to drive.
Ms. Thibodeau and her bartender, were sworn in by Mr. Toale.
Ms. Thobodeau stated she had drank earlier in the evening and stopped at 9:00 p.m. because she was closing
that night. I was on the other side of the bar when he (Hebert) came in but there was still cleaning that needed to
be done. My ride came to get and came in before we closed. His ride came ot get him, neither one were patrons.
As far as Maria (Gotsens), she had showed up outside and I had gone out to talk with her. She was on the
phone, she wasn't coming in the building. Mr. Toale asked you are testifying that had a drink and you were
manager that night. Thibodeau stated she hadn't had anything in hours. Ms. Bertram asked who was the manager
on duty priot to 9:00 p.m. Ms. Thibodeau replied the bartender. Thibodeau clarified she had pool onMondays
and had not drank at J &M's. Mr. Toale asked if the bartender was listed as a manager for your establishment?
Thibodeau stated she thought she was the only one listed as a manager, but he was in charge. Ms. Bertram
stated you have been before us several times in recent month and we have made it clear that everyone has to be
out of the bar by 12:45 a.m. Thibodeau stated everybody has been since the last meeting. This incident was
before the last hearing. Ms. Bertram asked Sgt. Hebert if since April 3 have you had opportunity to patrol this
area and have you seen any additional violations? Sgt. Hebert stated he personally has not, the license has been
suspended so they were closed for awhile due to lack of insurance coverage and license issues. However, I can
tell you they got their license back on a Sunday and there was a violation Monday night into Tuesday that
officers Campbell and Leger dealt with on April 17'
' Mr. Ebersole noted we can only deal with what is before
us tonight. Mr. Toale noted we can deal with the four past violations.
Mr. Ebersole read the two items he saw before the board tonight.
1.03 Admission to the Premises (j) Licensees shall not lock the front door of the premises until the last patron
has exited from the premises and (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,
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.
Ms. Bertram stated there is also a violation of 1.05 (see below). The officer stated it was completely dark
===PAGE 5===
except those portions of the room under furniture. Attorney Pawluk asked to cross examine Sgt. Hebert. She
asked Hebert to confirm that he needed to use his flashlight to read the licenses of the people in the bar, correct?
Hebert stated that is correct. She asked but you were able to see them when you went in? He stated yes. She
asked the owner indicated to you that people were in the bar to give rides due to safety? Hebert stated that is
what she told me, yes. Pawluk asked you were aware that there was a bartender in Lunenburg and she was
followed home and murdered, correct? Hebert stated that was about 25 years ago. Pawluk asked and you are
aware that there was as stabbing in Donnelly's parking lot right outside the bar a few years ago/ Hebert stated
he has been here twelve years and not that he could remember. Pawluk asked Thibodeau if there were lights on
that evening. Thibodeau stated the bar lights were turned down and the television was on and the cooler light
was on. Pawluk asked if she was able to see the officer and everybody else when she was in there. Thibodeau
nodded her head yes. Pawluk asked if everyone that was in there was either employees or people who had come
to give rides home, correct? Thibodeau nodded again. Pawluk asked if her boyfriend picked her up because you
were going to the same place. Thibodeau stated yes, Shirley. Pawluk asked if the officer asked her that night if
you were drinking. Thibodeau did not recall. Pawluk stated and nobody was let in the premises after closing,
correct? Thibodeau shook her head no. Pawluk stated when your friend arrived, you went outside to see her,
correct? Thibodeau nodded her head yes.
Mr. Toale stated the hearing was closed and asked for any deliberation. Mr. Ebersole stated the question
becomes whether 1.03 occurred based on that last testimony; we don't have evidence that a person was admitted
after the closing time, however 1.04, no patrons shall be on the premises after closing hours; although the door
was locked and should not have been until the last patron has exited. Attorney Pawluk asked to address the
Board before they voted.
Motion; R.Ebersole
2nd: P. Bertram
To find there was a violation of 1.03(j), 1.04 (a), 1.05 (e) and 1.08 (a) and 1.08 (f)
Attorney Pawluk stated if you look at your regulations, they distinguish patron, guest and customer. In this case
you have to consider the people in the bar as guests. They were rides that had come for them. There is no
evidence before you that these people came in after hours nor is there evidence that they were drinking. If they
were not drinking alcohol, they were not patrons and they were guests. That is not a prohibition in your
regulations. You can also have people in there for safety; I know about that stabbing that took place at
Donnelly's and I read that Police report. There is a safety issue and that establishment is right next door to her
establishment. It really doesn't matter if it's a well-lit parking lot. If the bartender wanted his girlfriend to come
in for her safety and her ride came in for his safety, she did not think that was unreasonable. With regards to
hours of operation again, it's customers who have to be out on time. Guests are not the same as customers.
With regards to the locked door, all the customers have to be out and the officer only talked about the side door.
There is no evidence the front door was locked. I don't know how you can make a finding that that has been
violated. With regards to the lighting, there has been no talk about one candle, what does that mean? Typically
the lighting is one light foot per square foot. That is not in your regulations. I believe that most towns require
five light foots per square foot. Your regulation is incredibly low. If the officer had to go in and could see the
people and use a flashlight to read the licenses, that's not odd. I would need that. I would suggest she has met
your standard according to the rules that you have. Again, they weren't drinking; I think it is really reasonable
that these people aren't forced to wait out in the parking lot. I suggest to you that she really hasn't violated the
standards as you have written them. I ask that you consider that. She can only go by what's written and what's
before her. Mr. Toale called for a vote on the motion.
Vote: All in Favor
===PAGE 6===
to the officer's attention. I he Board considered the penalty.
Motion: R.Ebersole
2*: P. Bertram
To suspend the license for a three week period beginning June 10#
Discussion: Ms. Bertram asked at what point do we keep suspending, now we are looking at a three-week
suspension. At what point does the individual lose their entitlement to a liquor license? Mr. McQuaid stated
previously when we suspended for two weeks we were dealing with intoxication with people on the premises,
more serious than what we are dealing with now. Mr. Ebersole explained his motion for a three week
suspension due to this being the fourth violation. We did not know about this hearing at the last hearing.
Knowing that we have another hearing coming up, that's why I went with the three weeks. Ms. Bertram stated
she would be more amenable to a two week given the violations that we have identified.
Mr. Ebersole amended his motion to two week suspension beginning Sunday June 10"
. Ms. Bertram
seconded the amended motion.
Vote: All in Favor
Liquor License Change of Manager & Beneficial Interest- B & H Corporation d/b/a Mickey Sheas
License #00039-RS-0636
Proposed Manager Rebecca Andrews-Grifoni, 127 Kinsman Road, Fitchburg, and owner Robert Herrick
presented for the Change of Manager and the Change of Beneficial Interest for the alcohol license. Mr. Herrick
stated Andrews- Grifoni has been with him for seven years and she is scheduled to work 36-38 hours weekly.
Also one person is being removed from the beneficial interest listing. Mr. Herrick stated his wife and he are
becoming equal partners.
Motion: R.Ebersole
To approve the change of manager and beneficial interest as submitted
2nd: P. Bertram
Vote: All in Favor
Lunenburg Police Association Auto Show Request- Police Chief Marino
Chief Marino presented to request permission for Cruise Night scheduled for June 6* from 4 - 8 p.m. on
Memorial Drive. He would like to close the road down for the event. He invited all businesses to participate as
well. They would like to have more food vendors this year. Raindate will be June 13"
Motion: R.Ebersole
To approve the auto show on Memorial Drive on Wednesday, June 6th
2nd: P. Bertram
Vote: All in Favor
Weekday/Sunday Entertainment license for Lunenburg Arts Festival -June 9/raindate June 10
Laura Brzozski, 21 Francis Ave., and Minna Schoulten, 3 Oak Ave., presented the request of the Cultural
Council to have an entertainment license during their Arts Festival on Saturday June 9' with a raindate of June
". It will be located behind the Public Library along Memorial Drive in front of Kids Kingdom playground
and wrapping in front of the Passios Building. The festival runs from 10 a.m. to 3 p.m. Setup begins around 8
a.m. and hopefully clean up will be done by 5 p.m.
The library will be open until 2 p.m. for bathroom access and Eagle House will stay open so they can use their
restrooms. Ms. Brzozski has met with public safety concerning the event. Chief Marino reported Brzozski
presented a great plan and the Police will be assisting with traffic access to Memorial Drive.
Motion: P. Bertram
2"d: REbersole
To approve the Entertainment License for June 9" and raindate of June 10th
Vote: All in Favor
===PAGE 7===
TOWN MANAGER REPORT
925 Mass Ave (old Gas Station):
I spoke with the Vice-President of Community Development from MassDevelopment at the Economic
Development Summit I attended on May 1st about the redevelopment of the old gas station at 925 Mass Ave
and the potential for environmental cleanup if the Town took the property through the Tax Taking process.
Land Use Director Adam Burney and I have a meeting with MassDevelopment on Thursday May 17th to
discuss this property, any possible funding for clean-up costs, and assistance through
MassDevelopment. I had previously reached out to MRPC about this property last May and had a meeting with
John Hume and their consultant that was working with communities to submit applications to the EPA
Brownfields Grant for assessment. After some background research on the property the consultant found that
since the current owner (L& M Service Center) was the owner at the time the gas station was operating
this property would not qualify. In addition, I have correspondence from a consultant hired by the Town in
2013 that gasoline and oil impacts were identified in the soil and reported to MADEP in 2006 and is reflected
on the state's Department of Energy and Environmental Affairs database at
https://eeaonline.eea.state.ma.us/Portal/#!/wastesite/2-0016390.1 will update the Board as to the outcome of our
upcoming meeting with MassDevelopment and possible next steps.
ADA Transition Plan:
Montachusett Regional Planning Commission will be offering assistance to communities in the MRPC region to
bring about Americans with Disabilities Act (ADA) Transition Plan (Plan) compliance. The ADA Transition
Plan would detail any structural changes that the Town would need to undertake to achieve accessibility of
public services and facilities for people with disabilities.
Regional Animal Control Facility:
Chief Marino, the Townsend Deputy Police Chief, and I met with Roy S. Brown Architects on Friday, May 4th.
The interview went well and the reference checks came back with good reviews. A Notice of Award and Notice
to Proceed with the work will be issued this week and the feasibility study will begin forthwith.
Other meetings, trainings, and seminars:
© Dispatch Union Negotiations: As a member of the Administration Board for Nashoba Valley Regional
Dispatch District, I was chosen to be part of the negotiation team to negotiate the next Dispatch Collective
Bargaining Agreement. There was a session today and another will be held on May 17".
• ADA Coordinator Meeting:
The Massachusetts Office on Disability is holding an ADA Coordinator meeting on Monday, May 14th that I
will be attending.
• DPW Union Negotiations:
The next DPW Union negotiation meeting is May 16th.
• Superintendent Screening Committee:
Selectman Ebersole and I were appointed to the Superintendent Screening Committee. An orientation meeting
was held last Thursday, we will have three meetings the week of May 7th, and two
meetings the week of May 14"
===PAGE 8===
TOWN MANAGER GOALS AND OBJECTIVES
STATUS UPDATE - MAY 8, 2018
1. Goal #1: Increase Public Outreach and Improve Public Relations:
a. Objective: To increase access to current information and solicit input from citizens on topics that are important
to the Town, residents, and its' businesses.
i. Action: The Town Manager will use the Community Compact Best Practice "Implementation of a Citizen Engagement
Co-Creation Plan" to improve public participation through the website. The IT Director and I began working with
Q-Scend earlier this fiscal year and the site is expected to launch in a few weeks. The new site will allow for e
notifications, will have our Facebook feed on the homepage, and ways to get connected to what is happening in town
government. http://test-lunenburg-ma.pantheonsite.io Ms. Lemieux reviewed the test website features.
Board Comments: Ms. Bertram thought the website looked much more user- friendly and interactive. Ms.
Bertram rated this goal as "Completed." As it launches there will be changes but she believed the Town Manager
has done an excellent job of improving public outreach. The Facebook page follows are growing. She has done a
great job of moving this goal forward.
ii. Action: The Town Manager will implement other interactive platforms that will seek input from citizens on current
issues and create two way communications:
Related to achieving the goals of ascertaining the level of interest on topics such as Economic Development, the color of
paint for Town Hall, and project areas that would benefit by greater accessibility and increased safety (Complete
Streets"), Survey Monkey was used as an interactive tool to reach a broader group of people in addition to the traditional
methods. These surveys were shared on the Town Facebook page, the website, and the newspaper.
Another method used to gather ideas and input were the public forums on Town Facilities and the one on Complete
Streets. Meetings were held with the Business Community in October, November, December, February and March that
sought their input on ways the Town can promote the local economy and our business owners. Based on the meetings held
in October and November, a report was issued with a number of recommendations from our regional planning
commission, two of which we have secured another round of District Local Technical Assistance in order to implement
(Brochure to promote local businesses and permitting guidebook). The creation of an Economic Development Committee
was another recommendation and a charge for an EDC is in the process of being developed.
ili. Action: The Town Manager will create a Facebook page to provide information to the public: I launched the Town
Facebook page in January and it has been a successful means of providing information to the public including upcoming
town events, updates about trash pick-up, emergency information such as fires, I have received a number of messages
through Facebook that have prompted a public post on information requested or responded directly to the resident if it
only affected them. I set up the DPW Facebook page, which is administered now by the DPW Director and the DPW
Administrative Assistant. This has also been well received and will be an effective means for the DPW Director to
communicate about the condition of roads, road projects, and other related public works information.
Board Comments: Mr. Ebersole noted he was almost at "Completed," he was at Substantially Complete because he
was waiting for the website to be up. The fact that you are organizing outreach events where you are not
controlling but allowing the process to work; this allows people to feel they can communicate without being
questioned based on their opinions. He ranked Ms. Lemieux very highly on that part. As Ms. Bertram stated the
different systems will be constantly changing but great job.
Mr. McQuaid agreed, obviously it's an ongoing thing and the information is there if people want to get it. It's
Complete or Substantially Complete barring the website going live.
Mr. Toale read from Ms. Luck's submitted comments: "Substantive progress, the Town Manager has set up a
Facebook page and other departments are setting theirs up as well. Hopefully residents will begin to use these
pages to obtain information about town resources. I applaud her directive that all town departments post town
information on the Town Facebook pages and website only. A significant amount of residents are left out of this
stream so methods of outreach other than Facebook are needed. I am also concerned too many Town resources will
===PAGE 9===
Mr. Ebersole stated we need to develop a way to measure public satisfaction. There are surveys where people can
provide feedback on satisfaction and will differ based on the subject matter. Mr. MeQuaid stated based on his
experience you would get more dissatisfied responses than satisfied. It's a good way to get criticism but I am not
sure about getting positive feedback. Ms. Bertram believed the Board has made progress on this goal and the Town
Manager has been instrumental. She believed there are a number of issues facing the Town that a charrette type of
environment is key to getting public involvement and she hoped the Board will continue those as well as more
advanced notice to the public of those events. Mr. Ebersole suggested reserving certain dates well in advance so the
public is aware of them.
2. Goal #2: Create a Comprehensive Infrastructure Plan:
a. Objective:
i. Action: Town Manager will develop an inventory of all town assets including town buildings, school buildings, town-
owned land, recreation areas, equipment, and vehicles. In process. See attached.
Board Comments: Mr. McQuaid noted it's a daunting amount of information to gather but the progress that Town
Manager has made is great and he is looking forward to next year's Capital Planning process and getting to use
some of that information. This year we focused on public safety and next year we will have to focus more on our
public buildings and that information will be useful.
ii. Action: Town Manager will develop a Building and Infrastructure Maintenance Plan that will include repair and
maintenance of town buildings, school buildings/land, recreation areas, roads, and underground infrastructure: There
as been signiticant process on this goal in the last year and a half. In March of 2017 1 received an Indoor Air Qualit
Report for the Town Hall that had a number of recommendations that included mold remediation and containment of
future moisture issues in the basement, cleaning of bird waste in the attic, removal and cleaning of records in the basement
and attic, and cleaning of the HVAC system. Funding was requested and approved at the November 2017 Special Town
Meeting to perform seven property condition assessments that addressed the lack of a long term plan. The firm completed
the assessments and presented their findings in February 2018. The reports outlined immediate repairs and extended
building maintenance with the associated costs, information that the Town previously did not have at its disposal.
Mis. Lemieux wanted to thank the DPW and the DPW Director for heading that project.
Action: Town Manager will address infrastructure needs through recommendations to fund capital projects and
recommend a budget that will address annual maintenance of facilities. The cost estimates in the property condition
assessments were integrated into the Capital Plan and still require a review by all appropriate officials (Capital Planning,
Finance Committee, Town Manager). Expectation that this information will be updated as smaller projects
are completed by use of Town Facilities funding and larger projects will be prioritized during the Capital Planning
process. FY2019 approved budget included an additional $40,000 in the Facilities account to address deferred
maintenance projects. Infrastructure needs were also addressed through the FY19 Capital Plan including $65,000 to
address the DPW Roof, asbestos abatement at Turkey Hill, and demolition of a modular classroom. In March we applied
for the next round of Green Communities funding to address energy efficiency projects at the Town Hall, Ritter Building,
Turkey Hill, and the Public Safety building that if awarded will defer spending taxpayer dollars on needed improvements
that will ultimately have an energy savings that will reduce the operation costs for those buildings.
Board Comments: Ms. Bertram stated substantive progress has been made. She was impressed with the progress
the Town Manager has made and her actions taken to address some of the issues. She was confident that Ms.
Lemieux is going to continue to move these projects forward based on the information that has been compiled and
develop a comprehensive plan. Great job. Mr. Ebersole stated he ranked this as substantive progress as well. Mr.
Ver io contine discussio level lines and are submise immens earle press vanilerively barel
plan as outlined above but I've seen no evidence of such. "
===PAGE 10===
eligible roads in town. The assistance of the DPW Department is needed to fulfill that. We can also engage with
Montachusett Regional Planning Trail Coalition program.
3. Goal #3: Facilitate Business and Economic Development:
i. Action: Work with the Business Community to promote existing and attract new businesses and improve their
opportunity for successful operations in the community. This process will include charrettes that will look at the type of
economic development is most desired for the Town of Lunenburg. Completed round one of "Promoting the Local
Economy" through a DLTA grant that provided technical assistance from our regional planning agency in
December 2017. Town Manager will continue holding sessions with the business community to find ways we can
partner with our local businesses and help them grow (addressed under Goal #1, Action ii.).
ii. Action: The Town Manager will use the Information Technology Grant to implement permitting software that will
make it easier for residents and businesses to go through the permitting process in Lunenburg. The internal e-
permitting software is going "live" this week and will be going "live" externally by the beginning of June. Also, the
District Local Technical Assistance the Town will receive from Montachusett Regional Planning Commission staff will
be used to create a Permitting Guidebook that will provide a guide to the permitting process for applicants.
Board Comments: Mr. Ebersole stated he marked this as substantive progress on Ms. Lemieux's part. He noted
the business community would be taking this over more as time goes on. Ms. Lemieux stated it started as a small
group and it is growing. Ms. Bertram marked this as a substantive progress as well. She believed the Board could
assist this goal by appointing an Economic Development Committee. Partnering with various boards would be an
asset. We need to continue the charrettes and try to engage more participation. Mr. McQuaid stated the strong suit
of this is to get the business community to take some lead on their own. This is one of those cases where there is
substantive progress. He applauded Town Manager.
Mr. Toale read from Ms. Luck's submitted comments:" Substantive progress, there has been outreach and
charrettes, however it still remains to be seen if the community wants economic development. Attendance was by a
small group which was the same for each charrette. While some ideas were put forward, others were ignored. It
would be a reach to state that anything conclusive resulted from these meetings."
Mr. Toale stated he sees from the Town Manager's view, two tracks. In achievement of this goal she attacked both
the business group in terms of what environment or need to be filled is appropriate to people who want to do
business in town and from the residents' point of view; what do they want in town? Our next step as a Board is to
develop a task force, whether it's a business or economic development task force that would at least begin with an
agricultural focus and build from there. Ms. Bertram added agriculture and ecotourism. Mr. McQuaid stated it's
good to see what people want but we can't make a business come here. Ms. Bertram stated the community has to
market itself.
Mr. Toale stated this covers the Board's goals for the past year. He would like to set next year's goals for the Board in
workshop by July so they can begin to work on them.
4. Goal #4: Create Long Term Plan for Tax Title/Foreclosure:
a. Objective: To improve the Town's financial stability and ensure that the amount of outstanding taxes on properties does
not exceed valuations and maintain a stable cash flow.
i. Action: Town Manager will work with the Financial Officers to develop a policy on a Tax Title and Foreclosure
process. Draft policy attached. This can be discussed at another time.
ii. Action: Town Manager will review all ongoing tax title properties with the Financial Officers and recommend a budget
that will support the foreclosure process. As I reported at the May 1st Board meeting, the Town Treasurer/Collector is
working with the Tax Title Attorney to hold a tax title assignment auction by the beginning of the new fiscal year. In just
the last two months, a total of $104,934.96 has been on tax title properties. Also, the number of tax title properties has
reduced from 34 to 29. Comparing the total of what has been collected for the same nine month time period in FY18
===PAGE 11===
Mr. McQuaid stated it appeared there has been substantive progress. It's tough to say anything is complete
because there is always more work to be done.
Mr. Toale read from Ms. Luck's submitted comments: "Some visible progress, Treasurer/Collector has come
before the Board to discuss moving some properties back on to the tax rolls and I applaud that ongoing effort. I
have not seen a policy on tax title/foreclosure nor do I recall one being discussed in the Town Manager report.
Also there are other more global areas like budget and finance that the Town Manager needs to work on to ensure
that the needs of the citizens are being met. This is more of a goal for the financial officers under the Town
Manager to undertake with her input of course. "
Mr. Toale stated this is something we specifically asked her to get accomplished and although I don't want to get
down to the level of telling the Town Manager how to approach it, when you see an increase in the amount
collected and when there is a question on how much we should be budgeting going forward; if it is an increase for a
higher return, it's worth noting.
5. Goal #5: Advance Human Resource Management:
a. Objective: Streamline processes and procedures for employees and newly appointed committee/board members.
i. Action: Complete comprehensive update of personnel policies and procedures:
A variety of policies were adopted or updated in the past year including:
1. The Standards of Conduct
2. Conflict of Interest/Financial Disclosure
3. Family & Medical Leave
4. Parental Leave
5. Domestic Violence Leave
6. Sexual Harassment
7. Protected Class Harassment
8. Workplace Violence
9. Drug and Alcohol for Commercial Driver's License Employees
10. Social Media
11. Use of Information Technology Resources
12. Pregnant Workers Fairness
ii. Action: Create an Employee Handbook-All employee related policies in one place and given to all employees (CBA's
would supersede on items already addressed in the CBA's). In process. The updating of personnel policies was the
first step in the process.
ili. Action: Create and implement performance evaluations for Department heads: Created management and non-
management performance evaluations that are currently being reviewed by department heads.
iv. Action: Create onboarding process for all newly appointed officials and handbook for all committees/boards.
Currently reviewing sample handbooks from other communities. Topics to cover Open Meeting Law, Public Records
Law, Conflict of Interest, Code of Conduct, Use of Town Equipment, appointment, reappointment, filling of vacancies,
resignation, etc.
Board Comments: Mr. Ebersole stated we also talked about providing guidance on how to record minutes and
conduct a meeting. Mr. McQuaid added reminding new and existing boards what their charge and responsibilities
are; some don't do everything they are supposed to be doing and others do more than they should.
Mr. Toale read from Ms. Luck's submitted comments:" Little progress, as far as I know there is no employee
handbook at this time nor am I aware of progress towards the same. When I look at this goal, it seems a clerical
task or one to be outsourced. The Town Manager's number one responsibility in my view is to manage personnel
and to ensure that all personnel are doing their jobs. As I have stated previously the Town is in a very good place
===PAGE 12===
also encouraged the various boards to do goal setting and self-evaluations as well.
Ms. Lemieux thought the workshop format they used, inviting the committees to discuss their goals and how we
can work together to achieve them was a good way to address that. She noted the Public Employee Committee
agreement regarding the health insurance benefits was beneficial to both the town and employees. She heard
employees say they appreciated the process and what was achieved.
Mr. Ebersole gave credit to Ms. Lemieux for getting so much of all the above goals done considering her day-to-
day workload. He also hoped this Board would go to the next step on some of their goals.
3. Minutes/Warrants/Action File Issues
An accounts payable warrant in the amount of $149,089.62 was presented. The 4th Quarter Water Commitment
of $7,612.40 was presented
Action File Issue: there was none
4. Committee Reports
Ms. Bertram reported the 2019- 2023 Transportation Improvement Plan (TIP) has been released and is open for
public comment. In 2020 there is a plan to do an intersection improvement on Route 117 and Route 70. There is
also funding for a Rail Trail project. The entire TIP can be found on the MRPC website. Regarding the Unified
Planning Work Plan (Of Wl) there are a couple of tasks in the plan that have an impact to Lunenburg; one is
the pavement management system. They are working on a regional pavement management plan and doing an
assessment of various roadways in the member communities. They are developing a local conditions map for
all communities and are offering technical assistance with a database that they are making available.
Montachusett Regional Trail Coalition is currently doing regional trail planning and printing. We do have an
opportunity to have Lunenburg trails published. She did not know where Conservation stands on publishing that
data; perhaps working with Conservation to get ahead of this. The Lunenburg parking and walkability study has
been included in the UPWP.
5. Department Reports- QUARTERLY FINANCIAL REPORT
The Quarterly Financial Report will be reviewed at the next meeting.
Mr. Toale reviewed the Board's upcoming meetings.
PUBLIC COMMENT:
Michael-Ray Jeffreys, 1170 Mass. Ave, stated the Town Manager was doing a great job. He thanked Paula
Bertram for her service to the Town, particularly all her committee work with MPO. She would be leaving big
shoes to fill. Regarding the earlier discussion about outreach, he encouraged more signage options around town
for elections, debates, etc.
Katey Adams, 45 Williams Drive, regarding economic development, noted a lot of times we talk about what to
add and a lot of the small business owners felt it's not always necessarily what we need to add but to enhance
what we have.
Ms. Bertram agreed with the previous comment and thought that was why they would be focusing on
agriculture and ecotourism, which is to expand on existing businesses. There are also a number of vacant spaces
that would benefit from an expansion of those activities or we should promote those vacant spaces.
===PAGE 13===
Respectfully submitted,
Clairem Peteson
Elaine M. Peterson
Executive Assistant to the Town Manager
===PAGE 14===
estate taxes into the tax title status. The creation of a tax title has proven to be the most erective
remedy for enforcement of the collection of taxes on real property. The foreclosure process is an
effective payment enforcement tool available to the Town. The Treasurer/Collector can induce a
delinquent taxpayer to redeem a tax title by paying the necessary tax and charges or to forfeit
title to the property by action of the Land Court.
Time of Taking
The Treasurer/Collector will process the initial tax taking for each levy year the following fiscal
year. The Town has the option of initiating the process as early as 14 days after the demand has
been issued, but must complete the taking within 3 years and 6 months from the end of the fiscal
year for which the taxes were assessed under Mass General Law Chapter 60 Section 37.
Collection biforts Prior to Taking
The Town issues a demand 14 days after the fourth quarter due date each fiscal year. The
demand notice is sent out to property owners during the middle of May or before the end of the
fiscal year.
Procedure for Tax Taking
Courtesy letters will be sent out by the Treasurer/Collector to property owners and to the
subsequent owner know, reminding them of the previous year's unpaid taxes and informing them
that if the taxes remain unpaid that the tax title process will take place.
Before moving forward with preparing for the tax taking, the Treasurer/Collector's office
confirms that a demand notice has been issued to the property owner at least 14 days before
preparing the Notice of Taking. The Town will begin the tax taking process six months after the
demand has been sent, allowing taxpayers a greater amount of time to satisfy the tax obligation.
The Treasurer/Collector will prepare a Notice of Tax Advertising for each parcel. The Notice of
Tax Advertising includes the names of all owners known, property location, bill number, parcel
number, and book/page. If the owner of the parcel as shown by the Assessor's records at the
time of the taking is different from the owner who was assessed for the delinquent taxes, the
name of that subsequent owner should be included in the notice of intent to take. This
communication makes the property owner aware of when the legal notice of parcels with
outstanding taxes for the levy year approaching tax title will be published in the local newspaper.
The letter also lists the total amount due and the acceptable forms of payment.
===PAGE 15===
Certification of Subsequent Tax Takings:
The Treasurer/Collector prior to September 1" will certify all unpaid taxes and assessments for
parcels of real estate taken into tax title for nonpayment of taxes in prior years and not
redeemed 14 days after the demand was issued.
The Treasurer/Collector prepares a list of Subsequent Tax Takings. A copy is provided to the
Town Accountant and a copy is filed in the office.
Payment of Tax Title Obligation
Upon payment of the amount outstanding on a tax title property, the Treasurer/Collector will
prepare a Certificate of Redemption and will be provided to the homeowner or whoever
requested it. This will be filed with the Registry of Deeds and removes the lien that was
originally placed on the property. Payment of the tax title obligation may only be made up until
the point that a petition to foreclose has been filed in the Land Court.
Foreclosure Proceedings
The law offices of the Town's attorney will mail letters to all the delinquent taxpayers and
present owners of properties that were placed in tax title informing them of the importance of
redeeming the property and that the next step if the obligation remains unpaid is to begin
foreclosure proceedings. The payment amount changes on a daily basis and an exact amount
should be obtained before coming to Town Hall.
===PAGE 16===
1'm 1
"
i,
BE SEE
IZVE9
OD'OL
(000 '2*
000'8L
OSL'E
000° L
6298191W
929810)
LLLOEdN
2017 FORO - F350
2016 FORD - F350
301701
30101
BONOd
Borod
30170d
301100
30l01
33100
Maa
Mda
Mda
Mda
Mdd
Mda
Mida
Mdd
Mdd
Mdd
Mdd
Mdd
Mda
Maa
Mda
===PAGE 17===
a Passios Building/Cable & School Office
1025 Mass. Ave.
Personal Property In Above
Brooks House/School Facilities
1033 Mass Ave.
Personal Property in Above
Utility Buliding at High School
1079 Mass. Ave.
Personal Property in Above
Middle/HS w/ Rooftop Solar Panels
1079 Mass Ave,
Personal Property in Above
Field House & Concession Stand
1079 Mass Avenue
Personal Property in Above
McNally Park & Snack Shack
Lesure Avenue
Marshall Park Snack Shack @ Softbail Field
Chestnut Street
Marshall Park Snack Shack @Powell Field
Chestnul Street
Wallis Park
Old Primary School (Vacant)
30 School Sireet
Veterans Memerial Park