===OCR macOS Vision=== ===PAGE 1=== Board of Selectmen present: Jamie Toale, Chairman; Phyllis Luck, Clerk; Katey Adams, Member Not present: Damon McQuaid, Vice Chairman Others present: Heather Lemieux, Town Manager; Adam Burney, Land Use Director; Jim Marino, Police Chief The meeting opened at 7:00 p.m. with the Pledge of Allegiance. Mr. Toale announced in accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being recorded and broadcast over the Lunenburg Public Access channel. PUBLIC COMMENT: Ms. Luck announced the Lions Club Pancake Breakfast was tomorrow morning from 8:30 -10:30 a.m. at Eagle House Senior Center She read aloud a letter from Carl Luck.... Thank you for allowing Phyllis to read my public comment due to my need to be at another committee meeting tonight. I was very encouraged at a recent Finance Committee budget review meeting to hear the Town Manager reported that there is, and I quote, "a lot of effort to examine the alternative" to replacing the gas and diesel tanks. It was also reported that both Chiefs, the DPW Director and the Town Manager are working on this. The Finance Committee Chair also stated that two members were also investigating the cost side of this issue and offered for them to play a more integral role in this investigation. I was less encouraged by the Town Manager's somewhat lukewarm acceptance of this offer. As pleased as I was to hear all this, I still have three concerns and one suggestion that I hope are given serious consideration by the Town Manager: 1. It sounds like the ongoing investigation is focused on "the alternative", a single program offered by WEX Inc. that was brought to the Town's attention by a resident which has been used by Fitchburg since 2016. I would hope that whoever the task force is, that they would be chartered to look at all feasible alternatives and perhaps a combination of several to provide redundancy as needed. 2. To ask the same three department heads, and Town Manager, to perform a cost benefits analysis on a proposed alternate solution that they have already evaluated and recommended against may not be the most effective way to get all of the facts and issues into the analysis. 3. As the outcome of this investigation into both cost and risk mitigation will be a direct result of what questions are asked, who is contacted, and finally a distillation of the data, there could be important new questions and ideas raised when the report and recommendations are made public. This could cause unnecessary conflict between the team and the citizens and delay or sink this capital request altogether. To address these concerns, 1 would respectfully suggest that at least two citizens who would be advocates for an alternate solution be added to the task force gathering the data. Without this, concerned residents would have no alternative than to independently do their own investigation which would mostly be ===PAGE 2=== Uj course, y this or somerning simuar has atreaay been constarea ana actea on by ine town Manager, that is great and I only regret not having the opportunity to volunteer my time and experience to this important work. Ms. Lemieux requested a copy of the statement so she could review the request. Ms. Lemieux commented in response to comments made by Selectman Luck at the public comment periods during the March 5* Selectmen meeting and the March 7"' Finance Committee meeting, regarding two positions in the FY2020 Preliminary budget. She noted next year she will present a briefing to the Board prior to the preliminary budget presentation. The process can be improved and she will work towards that goal. She added she had sent out a detailed budget message to both Finance and the Board of Selectmen on February 12' days prior to my preliminary budget presentation to the Finance Committee that highlighted the new positions in the budget and did not receive any comments at the next meeting on February 19t ' Also, the Board was purposely posted for February 19th but only the chairman was able to attend. I followed the process that is outlined in the Town Charter, the same as I have done in the last two budget cycles and the role of the Town Manager is to present a budget that is reflects the needs of the departments that I administer as Chief Administrative Officer. My goal has and will continue to be to present a fiscally responsible budget that reflects the needs of all the departments against what is responsible and find efficiencies where possible. I would ask that any Board member that has a concern to speak to me about it first and not speak about it publicly first. I have the same goals as the members of the Board and that is to provide a level of professionalism and to perform my job in the best interests of the Town. Mr. Toale stated he was really dismayed with an awful lot of public comment and public criticism of volunteer town people in various capacities and paid town people in public knowing that a lot of these issues haven't been worked privately, brought to somebody's attention and the people given an opportunity to respond to them. It's really disappointing to look at a town our size where neighbors come forward to do their jobs as best as they can and paid professionals get hired to do their job by screening committees and then to have folks snipe at each other in public as opposed to working together to support the town and our objectives. Pete and Deb Lincoln, 46 Hemlock Drive, announced the Baseball 2018 World Champion Trophy will be coming to Lunenburg. It will be here on Sunday, April 7" from 2:30 -4:30 p.m. at Eagle House Senior Center. This will be a fundraiser for the Eagle House and it is being sponsored by the Eagle House Supporters. For five dollars, you can have your photo taken with the trophy for the entire family. Bring your own camera. Clarence Floyd, 720 Goodrich Street, commented on the concept of the Annual Town Meeting being conducted over two days. Some people think it should be two successive Saturdays rather than the Monday following the Saturday. People have to work or may be working. A suggestion was made to put the important articles on Saturday. ===PAGE 3=== restrooms also. Motion: P. Luck 2nd: K. Adams To approve the Lunenburg Arts Festival for Saturday June 8, with a rain date of Sunday June 9th Vote: All in Favor Ms. Lemieux explained Facilities Director Londa has approached her about renting the TC Passios and the rental fee was to cover the cost of the custodian. Ms. Brzozoski thanked the Board Borrego Solar PILOT Proposal for 190 Electric Ave. Josh Farkes of Borrego Solar stated he was representing a new project that is working its way for approval through the Town. We have received our Planning Board permit and are still working with the Conservation Commission. He recently learned a Solar PILOT agreement was scheduled on the upcoming Annual Town meeting warrant and wanted to see if there was an opportunity for Borrego to replicate that same PILOT agreement. He reviewed it and was fine with the terms in the agreement. He provided a red-lined copy that basically changes nothing more than the company, property address, system size and all that. He offered to provide a cleaner digital version. He asked if there were any questions about the project or if there was anything he needs to do. Ms. Lemieux stated the PILOT you see before you has the same terms and language that was used and recently approved with Nexamp for the Northfield Road property. This would still need to go to Town Meeting to seek approval for the Board to negotiate terms of a PILOT. Motion: P. Luck 2"d: K. Adams To place a warrant article on the Annual Town Meeting warrant for a PILOT agreement with Borrego Solar Vote: All in Favor Mr. Frakes thanked the Board. Ms. Lemieux stated the Annual Town Meeting is May 4*h. INTERVIEWS/APPOINTMENTS/RE-APPOINTMENTS/ RESIGNATIONS Cultural Council Appointment-Stephanie Karlson, 674 Flat Hill Road Ms. Carlson stated she would like to be on the Cultural Council because she is an artist and would like to be more connected in town. She works as an Art Therapist. Motion: K. Adams 2nd: P. Luck To appoint Stephanie Carlson to the Cultural Council with a term to expire June 30, 2022 Vote: All in Favor ===PAGE 4=== rate on electricity and for the first 45 days this will only be open to Lunenburg residents. The informational sessions will be on Wednesday, April 10th at 6:30 p.m. location at the Lunenburg MS/HS Collaborative Room and Saturday, April 13th at 10 a.m. in the Library. Donation of Memorial Bench for Whalom Lakefront The family of Mr. Lionel Edes has donated a granite bench in his memory to be installed on the WhalomLakefront. Mr. Edes was a lifelong resident of Lunenburg for almost 56 years before he passed on February 23, 2019. As Mr. Edes fished on Lake Whalom, the children of Mr. Edes all worked at Whalom Park growing up, and Mr. Edes' wife walked along that lakefront on a daily basis for years therefore the Whalom Lakefront has special meaning for the Edes family. The DPW has offered to install the bench at a date to be determined. Red Sox World Series Trophy Coming to the Eagle House 2018 Red Sox World Series Trophy Coming to the Eagle House Senior Community Center! Sunday April 1, 2019; 2:30-4:30PM $5 admission per family gets you in so you can snap a picture using your own camera with the trophy! All proceeds will benefit the Eagle House Supporters Inc. The Eagle House Supporters are the 501c3 fundraising group who provide funding for programs at the senior center such as the Memory Café, furniture, kitchen supplies, arts and crafts instructors, writing classes, and health/wellness programs. People of all ages and from surrounding communities are welcome to come! Save the Date! Dementia Friendly Kick-Off Event Monday May 20#h at 3:00 PM at the Lunenburg Library This will be the big kick-off event for announcing that Lunenburg is in the process of becoming a recognized Dementia Friendly Community. Town officials, public, and legislators will be invited to attend, as well as an invitation to the Governor's Office and the Mass Council on Aging and Executive Office of Elder Affairs. Meetings: AT&T FirstNet Presentation: I attended a meeting today at the Dispatch Center in Devens for a presentation on FirstNet, which is a dedicated communications network tool that was created for and by public safety after 9/11. The Federal Government put out a RFP to create this network and AT&T was the only bidder and awarded the contract in 2017. Since then every State has chosen to opt in and this is another option exclusively for public safety. Chief Sullivan and IT Director Steve Malandrinos also attended the presentation. Finance Committee has budget meetings with the DPW at 7:00 p.m. and Lunenburg Public Schools at 8:00 p.m. this Thursday in the Joseph Bilotta Meeting Room in Town Hall. NVRDD Negotiations: I will be attending a Dispatch Negotiation session on March 14th. ===PAGE 5=== • In November 2018 and February 2019 BOS Meetings discussed FY20 budget priorities and utilizing available tax levy • Town Manager sent target budgets to departments in December 2018 due back on January 10, 2019 • Capital Planning Committee finalized FY20 Plan in January • Per Section 6-7 of the Town Charter: The Town Manager presents FY20 Capital Plan and FY20-FY24 Five Year Financial Forecast at the end of January 2019. • The FY20 Budget Message was sent out to the Finance Committee and BOS on February 12th and summary published newspaper on February 15th • Per Section 6-3 of the Town Charter: The Town Manager presents a Preliminary FY20 Budget by mid-February (February 14th). FY2020 Target Budget Highlights • General Govt.: $60K for an Asst. Town Manager/HR Director, $8K increase for updates to General Code • Police- $80k for additional Patrol Officer • Fire - $58k for additional Career Firefighter • Regional Dispatch- $25K assessment increase • DPW- $50K for Pavement Management; additional $40K for Facilities; $45k tor F1 Recreation Director • Recycling Program: $65K due to recycling market changes • Lunenburg Public Schools-$504K for a 2.5% increase • Monty Tech Assessment- $20K for a 2.5% increase • Health Insurance-$186K or 8% increase FY2020 Above Target Highlights: • General Govt.: $8K more than target for additional funds for election, census and registration workers • Police- Reduction of $5k from target budget figure • Fire - additional $92k more than target to hire Career Firefighter, associated costs, Training for Paramedic & only funds OT at 44% • Radio Watch- $38k for weekend coverage for Desk Officer at PSB • DPW- $60K for Stormwater related costs • Lunenburg Public Schools - Total original request +629K over target to fund Superintendent/ School Committee Recommended Budget (5.9% increase as of end of December). FY2020 TM Preliminary Budget on February 14th: • General Govt.: Funds the target and above target requests for Asst. Town Manager/HR ===PAGE 6=== • Recycling- $62K due to recycling market changes • Health Insurance- Reduced to max. of 5% increase or $116,183 increase. • Monty Tech- Preliminary recommendation 2.5% increase. • Lunenburg Public Schools - Preliminary recommendation 2.5% increase; due to the reduction in health insurance figure from 8% to 5%, the School "level service" request is now a 3.04% increase or $109K more than target budget and Supt. Recommended budget is 5.5% increase or $600K more than target budget. Updates to the FY2020 TM Preliminary Budget since February 14th: • General Govt.- Increase of $13K for Assessors software • Regional Dispatch- Assessment $3K higher than preliminary estimate • Health Insurance- Actual renewal decreased by 2.45% =-$64K • Monty Tech- Assessment decreased by 4.8% = -$60K • Lunenburg Public Schools - Due to the 2.45% decrease in health insurance from 5% to -2.45%, the School "level service" request is now a 2.14% increase and the TM target budget exceeds the level service budget by $74K and the Superintendent's Recommended budget is a 4.2% increase or $334k more than target budget. In the process of providing the School an updated figure given the decreases in other areas. FY20 Personnel Highlights: • HR Director/Assistant Town Manager- Adds a Regular PT HR Director/Assistant Town Manager (approx. 28 hours/week). Recommending based on priority need and create greater efficiencies. • Library- Additional 2 hours a week for one of the staff librarians. • Police- Additional Police Officer that follows 10 year long term plan. • Fire- Increases OT costs to more adequately address shift coverages. Still on target with 4 year plan since two firefighters hired in FY19. • Parks- Adds a seasonal Parks Director (19 hours/week). Based on absence of any paid staff to perform administrative functions and programming needs of the Parks Commission. Process for New Positions: • HR Director/Assistant TM- Per Salary Administration Plan (SAP) Dept. Head (Town Manager) would propose new job description and proposed compensation/classification to the Personnel Committee, that if approved, would need to be voted at a town meeting to be added to the SAP Salary Grid. • Library- Additional hours added upon approval of Omnibus Budget at Town Meeting. • Police- Posting of position per Collective Bargaining Agreement. • Parks- Per SAP Dept. Head (DPW Director) would propose new job description and proposed compensation/classification to the Personnel Committee, that if approved, would need to be ===PAGE 7=== budget cuts. Ms. Adams asked how did this Assistant Town Manager position come up? Ms. Lemieux stated it was identified by herself as a priority need. Ms. Luck stated when the Land Use Director position was created, it was presented that the position would include Assistant Town Manager. Ms. Lemieux stayed that has never been instituted. Ms. Adams suggested perhaps a volunteer could take on some of the duties that Ms. Lemieux has been unable to accomplish at a cost savings for the town. We already have an Executive Assistant. Mr. Toale stated we are not looking for volunteers to do town work. Ms. Luck added the 28/week position is benefited, so adds to costs of OPEB and health insurance benefit costs for the town too. Ms. Adams preferred seeing more police officers and EMTS. Mr. Toale noted the role of the Board of Selectmen is governance not management. Ms. Lemieux stated the HR Director is not a position for a volunteer due to the confidentiality involved. Ms. Luck suggested the School HR Director could be used or take some of the people who work at Town Hall work on Fridays without adding another person. Ms. Lemieux stated this is a pattern she had noticed of continuing to add more responsibilities to a position, including the Land Use Director. The Land Use Director is a full-time position in itself. Motion: K. Adams 2ed: P. Luck That the Board of Selectmen not support the Assistant Town Manager position without evidence that it is truly not something we can accomplish without other means Mr. Toale noted the Board has an agreement that when we make important decisions we try to do it with the full Board being present. He requested that we don't act on that motion. Ms. Adams asked if that was a formal policy. Mr. Toale did not believe it was in the best interest of the Board without the full Board being present and having a discussion. It is not listed as an agenda item to make a decision on staffing that is not in our realm but...he called for a vote. Vote: 2- in favor, 1 opposed (Toale) Ms. Lemieux asked if this was also for the Parks Director and the Library hours. Ms. Adams stated no just for the Asst. Town Manager. Ms. Luck stated there has been nothing provided to articulate what the cost of each position will be for the town as was provided in the past for a firefighter. Ms. Lemieux noted that was a different position with more cost involved. She expects the same amount of rigor to go into any position that you are suggesting. Ms. Adams stated we are discussing a budget it was discouraging that the Town Manager and Chairman were being confrontational with herself and Ms. Luck just thinking about costs. Ms. Lemieux stated she was discouraged by the lack of support by a recommendation for a need that she has identified for the Town. Mr. Toale asked Ms. Luck and Ms. Adams if they thought it was the role of the Board to get down to detail when we have paid professionals to manage the Town. Ms. Luck and Ms. Adams stated yes. Mr. Toale stated we disagree totally on the role of the Board. Ms. Luck stated she wanted more detail on the pay and other costs. Ms. Lemieux stated she had stated earlier that the Personnel Board sets the pay scale. Further discussion on process of creating a position ensued. ===PAGE 8=== serious need. Ms. Lemieux stated she meets with her department heads regularly and perhaps sees the need(s) from a different perspective. Further discussion ensued about the specific responsibilities of an HR Director. 2. Discussion about Annual Town Meeting Warrant articles The Board reviewed the first draft of the Annual Town Meeting Warrant articles. Discussion ensued on policy regarding making decisions without a full Board present. Dave Passios, 56 Whiting Street, stated in regards to the vote taken earlier that is a blatant disregard for Open Meeting Law. If you read the agenda (Current Business #1 Presentation and Discussion on Town Manager's Preliminary Budget), there is nothing there that states a vote may be taken as indicated elsewhere in the other agenda items. Mr. Toale stated he would look into that. Ms. Lemieux read aloud the articles: ARTICLE 1. To see if the Town will vote to hear and/or accept the regular written reports of the Town Officers and Committees, ARTICLE 2. To see if the Town will vote to amend the general by-laws of Town by replacing the current table that establishes the annual revolving funds with the table as printed in the Annual Town Meeting warrant, ARTICLE 3. To see if the Town will vote to authorize 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, 2019 to be expended in accordance with the by-law heretotore approved, ARTICLE 4. To see if the Town will vote to raise and appropriate, or transfer from available funds, a sum of money for payment of prior year expenses, ARTICLE 5. To see if the Town will vote to transfer from available funds, all sums of money necessary to amend the amounts voted for the Town's FY 2019 Budget, under Article 7 of the May 5, 2018 Annual Town Meeting and Article 1 of the November 13, 2018 Special Town Meeting, ARTICLE 6. To see if the Town will vote to raise and appropriate, borrow, or transfer from available funds a sum of money for the FY 2020 Capital Plan, as appearing in the Capital Planning Committee Report, ===PAGE 9=== the Charter changed. ARTICLE 7. To see if the Town 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 EX 2020 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, ARTICLE 8. To see if the Town will vote to replace the current Salary Schedule in Article AV, Salary Administration Plan of the General Bylaws with FY 2020 Salary Schedule as recommended by the Personnel Committee which authorizes a cost of living increase for Fiscal Year 2020, for permanent employees not covered by a collective bargaining unit agreement or individual contract and to authorize a COLA increase for Fiscal Years 2021 and FY2022, ARTICLE 9. To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money to the Stabilization Fund, ARTICLE 10. To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money into the Special Purpose Stabilization Fund, ARTICLE 11. To see if the Town 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, ARTICLE 12. To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money to operate the Sewer Enterprise Fund for FY 2020, ARTICLE 13. To see if the Town will vote to transfer from available funds the sum of $27,521 into the Sewer Capital Reserve Stabilization Fund, ARTICLE 14. To see if the Town 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 2020, ARTICLE 15. To see if the Town will vote to raise and appropriate or transter from avallable funds a sum of money to operate the Water Department/Water Enterprise Fund for FX 2020, ARTICLE 16. To see if the Town will vote to establish, under Chapter 44, §53F ½, a PEG Access Enterprise Fund, and transfer in to such fund all funds remaining in the PEG Access and ===PAGE 10=== (PEG) Access and Cable Related Fund Revenues the sum of $152,000 to fund the PEG Access Committee FY20 operating budget, ARTICLE 19. To see if the Town will vote to appropriate from the Comcast Tech Capital Grant fund the sum of $120,000 to fund the PEG Access Committee FY20 capital budget, ARTICLE 20. To see if the Town will vote to appropriate a sum of $35,000 from the Sale of Cemetery lots account to be used for the care and improvement and embellishment of the Town Cemeteries, ARTICLE 21. To see if the Town will vote to authorize the Board of Selectmen to negotiate and enter into a payments in lieu of tax agreement ("PILOT") pursuant to the provisions of M.G.L. Chapter 59, Section 38H (b), and Chapter 164, Section 1, or any other enabling authority, between the Town and Borrego Solar, Inc. or its successors or assigns, for real property and /or personal property attributable to solar photovoltaic facilities to be installed and operated in the Town of Lunenburg on land located at 190 Electric Avenue and as shown on Assessor's Map 77, Parcel 14 for a term of 20 years and on such terms and conditions and for such consideration as the Board of Selectmen deems appropriate and further to authorize the Board of Selectmen to take such action as may be necessary to carry out the vote taken hereunder; ARTICLE 22. To see it the Town will vote to transter the care, custody, and control of the land and/or buildings known as the old Primary School Building, located at 30 School Street, shown on Assessor's Map 071, Lot 076 from the Board of Selectmen for general purposes to the Board of Selectmen for general purposes and for the purpose of conveyance, and to authorize the Board of Selectmen to convey a fee simple interest or any portion thereon, or to lease the property, on such terms and conditions as the Board of Selectmen deem to be in the best interest of the Town, and to execute any and all agreements and documents to effectuate said sale or lease of any of the properties and any portion thereof and to authorize and /or reauthorize the Board of Selectmen to sell and /or lease the parcel and/or buildings situated thereon, and/or subdivide in any manner said parcels and/or buildings situated and /or take any legal action necessary to effectuate the sale, lease, subdivision, and/or transfer of said land and buildings situated thereon, ARTICLE 23. To see if the Town 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, ===PAGE 11=== funds a sum of money for the design and engineering to consolidate town offices, school offices and community space at the building and land known as the TC Passios, located at 1079 Massachusetts Avenue, shown on Assessor's Map 060, Lot 055, and any and all incidental and related costs, including but not limited to, site evaluation, engineering and final design services, ARTICLE 26. To see if the Town will vote to amend the Code of Lunenburg, to modify Section 250-4.1 by inserting 250-4.10(1-6), to delete Section 250-4.15 Temporary Moratorium on Sale and Distribution of Recreational Marijuana and replace it with Section 250-4.15 Non-Medical Marijuana Establishments, ARTICLE 27. To see if the Town will vote to amend the Code of Lunenburg, to modify §250- 4.1 by inserting §250-4.10(1) Marijuana Cultivator, NON-MEDICAL 4.10 MARIJUANA USES 4.10(1) Marijuana cultivator' 3. Per G.L. c. 94G, § 3(a)(2), marijuana cultivators, as defined by G.L. c. 94G, § 1, are prohibited within the Town of Lunenburg but expressly excluding Medical Marijuana Treatment Centers. Said prohibition shall be effective only upon passage by the voters at a regular or special Town election. 4.10(1) "Marijuana cultivator", , an entity licensed to cultivate, process and package marijuana, to deliver marijuana to marijuana establishments and to transfer marijuana to other marijuana establishments, but not to consumers. ARTICLE 28. To see if the Town will vote to amend the Code of Lunenburg, to modify §250- 4.1 by inserting §250-4.10(2) Marijuana Product Manufacturer, NON-MEDICAL 4.10 MARIJUANA USES RA RB LB/R OP/1 R VCD SS TT Marijuana product manufacturer' 4.10(2) - 4. Per G.L. c. 94G, § 3(a)(2), marijuana product manufacturers, as defined by G.L. c. 94G, § 1, are prohibited within the Town of Lunenburg but expressly excluding Medical Marijuana Treatment Centers. Said prohibition shall be effective only upon passage by the voters at a regular or special Town election. 4.10(2) "Marijuana product manufacturer", ", an entity licensed to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers. ===PAGE 12=== prohibited within the Town of Lunenburg but expressly excluding Medical Marijuana Treatment Centers. Said prohibition shall be effective only upon passage by the voters at a regular or special Town election. 4.10(3) "Marijuana testing facility", an entity licensed to test marijuana and marijuana products, including certification for potency and the presence of contaminants. ARTICLE 30. To see if the Town will vote to amend the Code of Lunenburg, to modify §250- 4.1 by inserting §250-4.10(4) Marijuana Retailer; 4.10 NON-MEDICAL MARIJUANA USES RA RB LB/R OP/L R VCD SS 4.10(4) Marijuana retailer° 6. Per G.L. c. 94G, § 3(a)(2), marijuana retailers, as defined by G.L. c. 94G, § 1, are prohibited within the Town of Lunenburg but expressly excluding Medical Marijuana Treatment Centers. Said prohibition shall be effective only upon passage by the voters at a regular or special Town election. 4.10(4) "Marijuana retailer" ', an entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers. ARTICLE 31. To see if the Town will vote to amend the Code of Lunenburg, to modify §250- 4.1 by inserting §250-4.10(5) Marijuana Retailer; NON-MEDICAL 4.10 MARIJUANA USES W 4.10(5) Marijuana transporter 7. Per G.L. c. 94G, § 3(a)(2), marijuana transporter, as defined by G.L. c. 94G, § 1, are prohibited within the Town of Lunenburg but expressly excluding Medical Marijuana Treatment Centers. Said prohibition shall be effective only upon passage by the voters at a regular or special Town election. 4.10(5) "Marijuana Transporter" an entity, not otherwise licensed by the Commission, that is licensed to purchase, obtain, and possess cannabis or marijuana product solely for the purpose of transporting, temporary storage, sale and distribution to Marijuana Establishments, but not to consumers. Marijuana Transporters may be an Existing Licensee Transporter or Third Party Transporter. ===PAGE 13=== prohibited within the lown of Lunenburg but expressly excluding Medical Marjuana reatment Centers. Said prohibition shall be effective only upon passage by the voters at a regular or special Town election. 4.10(6) "Marijuana Researcher Facility" an entity licensed to cultivate, purchase, or otherwise acquire marijuana for the purpose of conducting research regarding marijuana products. ARTICLE 33. To see if the Town will vote to accept G.L. c. 64N, § 3 to impose an excise on the retail sales of marijuana for adult use at the rate of 3 percent of the total sales price received by marijuana retailers as a consideration of the sale of marijuana or marijuana products; ARTICLE 34. Citizen's Petition to Rezone 131 Leominster-Shirley Road ARTICLE 35. To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for the enactment of a special legislation revising the Lunenburg Home Rule Charter adopted at the Town Election held in 1999 and filed in the office of the archivist of the commonwealth as provided in section 12 of chapter 43B of the General Laws, and amended by the town on May 3, 2008 and enacted by the Senate and House of Representatives of the General Court on October 8, 2009, in the following manner: 1. Make certain other grammatical and phrasing changes that do not alter the meaning or intent of existing 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; ARTICLE 36. To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for the enactment of a special legislation revising the Lunenburg Home Rule Charter adopted at the Town Election held in 1999 and filed in the office of the archivist of the commonwealth as provided in section 12 of chapter 43B of the General Laws, and amended by the town on May 3, 2008 and enacted by the Senate and House of Representatives of the General Court on October o, 2009, in the tollowing manner: 1. Providing that persons appointed to town committees be residents registered to vote in ===PAGE 14=== 5. 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. 6. Providing more specifics in the process for removal and suspension of the town manager. 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, ARTICLE 37. To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for the enactment of a special legislation revising the Lunenburg Home Rule Charter adopted at the Town Election held in 1999 and filed in the office of the archivist of the commonwealth as provided in section 12 of chapter 43B of the General Laws, and amended by the town on May 3, 2008 and enacted by the Senate and House of Representatives of the General Court on October 8, 2009, in the following manner: 1. Change the name of the board of selectmen to select board. 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 ===PAGE 15=== LUVU .... Court on October 8, 2009, in the following manner: 1. Change the manner of selection of the town clerk from elected to appointed by the Town Manager subject to ratification by the Board of Selectmen. 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. Ms. Lemieux stated she anticipated one more article from Planning Board and possibly other citizen petitions. The Board discussed the ordering of the articles. The Board tabled discussion of Old Business agenda item # 2 (Discussion on holding the Annual Town Meeting over two days) and #3 (Discussion on town building articles for the Annual Town Meeting) until the next meeting. 3. Minutes/ Warrants/ Action File Issues The Board approved Minutes of February 19, 2019. The Board signed an accounts payable warrant in the amount of $172,820.99. Action File Issues: Ms. Luck reminded about the "vote may be taken" on the agenda issue. There were no committee or department reports. Mr. Toale stated we are scheduled to meet with the focus group on March 19th. Times available are 10:00 am or 1:00 pm. The next Board of Selectmen regular business meeting is on March 19t" as well. PUBLIC COMMENT: Dave Passios, 56 Whiting Street, stated he actually started advocating for this a year ago and he was concerned about the earlier discussion related to not being willing to hire new personnel. We are one of the fastest growing towns in the state and we are not growing the entities that run this ===PAGE 16=== Motion:K. Adams 2nd: P. Luck To enter into Executive Session and to adjourn the meeting after exiting Executive Session: Pursuant to M.G.L. c. 30 § 21, Reason #6, to consider the purchase, exchange, taking, lease, or value of real property if such discussion may have a detrimental effect on the negotiating position of the governmental body (conservation land) and to adjourn immediately afterwards Vote: Ms. Adams-aye, Ms. Luck-aye, Mr. Toale-aye The meeting adjourned at 8:42 PM Respectfully submitted, Elainem. Peterson Elaine M. Peterson Executive to the Town Manager