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McQuaid, Clerk; Katey Adams, Member;
Not present: Michael-Ray Jeffreys, Member
Others present: Heather Lemieux, Town Manager Adam Burney, Land Use Director
The meeting opened at 7:00 p.m. with the Pledge of Allegiance. Mr. Alonzo announced In
accordance with the requirements of the Open Meeting Law please be advised that this
meeting is being recorded and broadcast over the Lunenburg Public Access channel.
PUBLIC COMMENT
Ms. Adams, in response to an email about the Unitil Storm Resiliency Program (SP) that
she read where someone was advocating for the pruning of the trees and they did not want to
stop that, she noted standard pruning is not what this program is about; it occurs anyways.
She wanted that person to know if we are advocating to keep trees it does not mean we are
not advocating to still the prune trees.
Mr. Alonzo announced the Board is hosting a Volunteer Appreciation Keception on
September 19 from 6:00 - 8:00 p.m. at Eagle House Senior Center. It is for all committee and
board members so the Board can recognize their volunteerism. It will also be an opportunity
for townspeople to speak with these appointed/elected officials. Please RS VP to Executive
Assistant Elaine Peterson by 4:00 p.m. on September 12th so refreshments can be planned
accordingly.
Ms. Lemieux announced Casella Waste has notified us that a truck has broken down today so
Electric Avenue (one side), Hollis Road, Whalom Road, and all connecting roads' trash and
recycling will be picked up tomorrow.
Steve Weaver, 288 Holman Street, thanked the Board for their position on the Unitil SRP
proposal to remove all the trees. Regarding the TC Building Design Committee, he advised
waiting another year due to housing development in town and the possibility of more school
children coming into town. He suggested adding an associate member to fill in for any
vacancies on that committee. He believed the Town should only address one building at a
time and it should be the old Primary Building.
Ron Dionne, White Street, stated he rode down the street and could not find any marked trees
involved in the SRP. He also questioned why the Town would grant permission to private
property owners to remove their trees. Ms. Alonzo explained some of these roads are scenic
roads and a tree hearing is required for removing trees on them.
Quarterly Financial Report from Finance Director Karen Brochu
Ms. Brochu referred to the FY19 4* Quarter report she had provided. She stated she would
read the summary and if there were questions to present them to her.
Revenues
Total collections for FY19 are $40,740,654.14. Actuals exceeded estimates by .22% or
$88,772.34.
Below is a summary of the individual categories:
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but due to increases in other categories overall actuals exceeded estimates.
• Taxes: We received 98.35% or $441,858.79 less than the levy estimate. We
also received $143,695.63 in tax lien revenue.
• State Aid: We received 100.82% or $72,416.00 more than the state aid
estimate. This was primarily due to increases in our charter tuition
reimbursement and also FY 18 40S funds were not received until early in FY 19.
Expenditures We expended/encumbered $39,880,567.65 (98.1%) of budgeted expenditures
as of 6/30/19. There were appropriation closeouts in the amount of $771,315.15. State
Assessments were $12,935.00 higher than cherry sheet estimates. This was due to changes
in Choice & Charter Tuition costs for students going out of district. Of note on the
expenditure side is the following:
• Salary Reserve- There was an unappropriated balance of
$57,303.04 in this account at year-end.
• Public Buildings = There is an unexpended balance of
$39,479.87 in this account at year-end, primarily due to
unexpended electricity costs.
• Facilities & Grounds- There was an unexpended balance of
$47,089.37 in this account at year-end, primarily due to a vacant
position.
• Police Department - There was an unexpended balance of
$50,869.60 in this department budget at year-end.
• Police Lock Up - There was an unexpended balance of
$18,580.78 at year-end.
• Building Inspection - There was an unexpended balance of
$51,620.10 in this appropriation at year-end, primarily due to a
vacant position.
• School Department - There was an unexpended balance in the
school department of $13,653.15. This amount reflects offsets
made to the School Department budget to account for
Choice/Charter tuition assessments and the deficit in
Choice/Charter tuitions.
• Highway Labor - There is an unexpended balance of
$79,232.10 at year-end primarily due to vacant positions.
• Vehicle Maintenance - There is an unexpended balance of $25,999.22.
• Veterans Benefits There is an unexpended balance of $37,761.49.
• Unemployment Compensation - There were limited benefits
in FY 19 and as a result, $5,719.00 will close to free cash atyear-
end.
• Worker's Compensation/Liability Insurance - There was an
unexpended balance in these appropriations of $37,752.65 at
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is roughly si million. Once all the reports are complete and the balance sheet is submitted to
the state we will probably see Free Cash somewhere in the range of $1 million.
Mr. Alonzo asked about the tax receipts at 98.35%, is that typical? Ms. Brochu stated yes. He
asked about some of the revenues being over 100%, what should we be doing for the future.
Ms. Brochu advised being conservative with our local receipt estimates. They are dependent
on the economy, so the more conservative we are; the better off we are because we could end
up in a situation where we overestimate and then we would have to raise that deficit in the
next year.
Ms. Luck noted the motor vehicle excise receipts being higher than anticipated this year and
suggested every year, we should try to estimate, "closer to the bone," because if people see
we have a lot of free cash, they want to spend it. Ms. Brochu understood what Ms. Luck was
saying but respectfully disagreed. Ms. Luck requested all the estimates for motor vehicle
excise taxes over the last ten years. Ms. Brochu stated she could provide those. Brochu added
you should be looking at all the local receipts because you may have other categories that are
under-estimated. We have increased the motor vehicle excise estimate by $50,000 to allow
for the budgeted contribution to the pavement management plan. Also, if you look at the
overall amounts, we were only $88,000 above the total estimates.
Mr. Alonzo noted if we keep the receipt estimates conservative, then you can't spend it at
town meeting because of the budget limits.
Ms. Lemieux added that is why we have a Free Cash Policy to use it for one time
expenditures. Mr. Alonzo agreed with Ms. Brochu because it is too easy to justify spending
Free Cash if the money is available.
Mr. McQuaid stated in the past, the Capital Plan was lucky if it had $400,000 in a good year.
We always have more that $1 million in requests; that does not change.
Mr. Alonzo added to Ms. Luck's request and asked for a spreadsheet showing all local receipt
estimates and the percentages for comparison. The Board thanked Ms. Brochu.
PILOT for 190 Electric Avenue: Borrego Solar and Regional Assessor Representative
Greg Rocher representing Borrego Solar, and Diane Peterson, Regional Resource Associates
Assessor/Solar Consultant were present for the discussion. Mr. Alonzo noted this was an
informational discussion.
Mr. Rocher stated they have been working with the Town for about 18 months to develop this
2.5 mega-watt ground-mounted solar project. We have obtained all the required permits from
the Town and interconnection approval from Unitil. It was submitted into the Smart Solar
Program and qualifies for it. We are waiting for the program to be extended as currently it is
full.
Ms. Peterson stated they have been working with the developers on behalf of the Town and
have looked at the economics of the project. Under the Smart Program, it is regulated on
what the reimbursement rate is for the developers. What we do is a discounted cash flow
analysis on all the costs and credits under the Smart Program, and come up with a program
that we believe is in line with what a PILOT agreement should be based on; the economics of
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they were not paying the find would they sull be paying approximately the same amount
over the life of the project. Ms. Peterson stated they would be paying less.
Ms. Lemieux stated the PILOT is being reviewed by legal counsel. There will be a future
meeting to sign the contract, if accepted. Ms. Lemieux asked for Selectman Jeffreys, who
was not present, if the payments could be tied to the consumer price index. Ms. Peterson
stated an escalator of 2.5% was built into the agreement.
Ms. Lemieux asked about battery storage and how that is calculated differently. Mr. Rocher
stated it allows us to release energy at peak hours when the sun is not shining. The electricity
is not priced higher due to the battery storage versus solar panels. The Smart Program does
offer an "adder," for battery storage per kilowatt hour, but the utility pays the same amount.
TOWN MANAGER REPORT
Announcement on Existing Vacancies:
The following is a list of vacancies on the following committees:
• Agricultural Commission (1 regular memberand 3 alternate vacancies)
• Americans with Disabilities Act Commission (1 vacancy)
• Architectural Preservation District Commission (1 designprofessional; craftspersonor
building contractor familiar with historic renovation)
• Finance Committee(1 positionappointedby the Finance Committee Appointing Committee)
• Housing Authority (1 elected position that will be a joint appointment with remaining
Housing Authority members and Selectmen)
• Planning Board (1 elected position that will bea joint appointment with theremaining
Planning Board members and Selectmen)
• Sewer Commission (2 elected positions that will beajoint appointment with theremaining
Sewer Commission members and Selectmen)
• Zoning Board of Appeals (1 regular member and 2 Associate vacancies)
Talent bank forms can be obtained on the Town Website and forwarded to the Board of
Selectmen's Office.
Turkey Hill Elementary School, Primary School, and TC Passios Water Sampling Results:
Recently the School had sampling for lead and copper performed and some water taps at the Turkey
Hill Elementary, Primary School, and TC Passios building had copper and lead levels above the MA
Action Level for copper and lead in drinking water at schools and early education and childcare
facilities. The School Superintendent sent me the notices that went home to all the families of children
in each building, as well as the summer extended day families for the TC Passios building, and which
are posted on the School District website. This week a letter to all the families of students registered
for the fall extended day program will be sent out as well. The school administration is working with
the Lunenburg Water District and Mass DEP. Due to a concerned resident that reached out to the
Board and myself about questions on whether this was a problem with the town water, 1 reached out
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Thereare no leadservicelines in Lunenburg and connections from the water main to residences do not
use lead solderingto makethe connections. Lead isused specifically within homes that have copper
tubing. Copper tubing is common in most homes, but less now with most plumbers using plastic
tubing. Lines that have not been flushed and water has sat in the plumbing for 6 hours or more, may
see elevated levels.
The Water District injects Sodium Hydroxide into the water that raises the pH of the water. A pH of 7.0
is neutral. Over the many years of sampling for copper and lead, the Water District has determined
that Lunenburg should have a pH in the water system in the area of 7.3. When the Water District does
their monthly bacteria testing, they also do tests for pH and chlorine levels. They are very confident
that the pH levels throughout the water system are at a level adequate to limit the leaching of copper
and lead from household plumbing. They do recommend that even with passing the sampling
requirements that residents should flush the water until it is cold before using it for drinking or
cooking.
MassDEP Recycling IQ Kit Grant Update (TM Goal #2):
Weare currently advertising for four grant-funded positions that will be doing the curbside checks on
recyclingand trackingthedata. Thepositions wereadvertised in the Ledger, areon thetown website,
Indeed.com, and the Town Facebook page. Pleasepassalongthepostingto anyoneyouknow thatis
interested.
Engineering Services for Year 2 of the MS4 Permit:
The Stormwater Task Force Committee, DPW Director, Land Use Director and I met with the
engineering firm, CEL, on Thursday, August 15th to review all the associated tasks that need to be
accomplished during Year 2 and the time frame that each task will be accomplished. CEl is currently
reviewing the contract and we should be able to finalize it by next week.
Live Streaming Meetings through YouTube:
As a follow-up to an action item at the last Selectmen's meeting, I reached out to the Cable Manager
that the live streaming feed was not able to be accessed. The Cable Manager responded at that time it
was a server-related issue regarding updating a code and that it had been fixed. However, the Cable
Manager contacted me yesterday that because there is music behind our bulletin, she has received a
notice that the stream has been suspended for policy violations (i.e. the music is copyrighted and will
not air while the music is playing). She will try to find a work around for the issue to get the
meetings up and running again through the live streaming.
Update on Intersection of Route 13 and Route 2A:
Chief Marino reported that Montachusett Regional Planning Commission has submitted the required
Accident Study to the Massachusetts Department of Transportation. Chief Marino spoke with Barry
Lorionat MassDOTand MassDOT will beperformingatrafficcount at that location onceschool
traffic begins in September and doing a site visit in early Octoberto discuss the right lane turn issue
and the left lane protection pulling out of Electric Avenue when turning left. MassDOT did relay that
they will act in the best interest of the Town but ultimately the decision about any improvements to
this intersection is up to MassDOT.
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evaluation process for ADA complianceas part of District Local Technical Assistance funding.
Attendance at Meetings, Other Announcements:
• I will be attending a Police Union Negotiation Meeting on August 21st.
• I will be attending the Personnel Committee Meeting on Tuesday, August 27th.
CURRENT BUSINESS
1. Decision regarding complaint about Conservation Commission Chairman
Mr. Alonzo stated his next comments are based on what was decided last week in
Executive Session, noting those Minutes have not been released. He reported the
Board received a resident complaint regarding Conservation Chairman Bursch's
conduct at the May 29t Commission meeting. This Board notified the complainant
and he had the option of hearing the complaint in either Open Session or Executive
Session. Mr. Bursch chose Executive Session and the Board met with him where it
was determined:
a) The Open Meeting Law was violated; this has already been determined by the
state and the commission; that the meeting was closed to the public (hence the
OML violation)
b) There were statements made by the Chair and Commission that were
inappropriate
c) The situation at the meeting got out of control and it is under the Chair's
jurisdiction to keep the meeting in order
We found these to be the transgressions of Chairman Bursch that evening. We weighed
this against his history of being on the commission for 20 years without any incidents, of
which he has been Chair for five or six years. We considered these transgressions while
noting the heated subject with the Lake Shirley Improvement Corporation (LSIC) that had
been ongoing over several meetings and the overcrowded room in the Ritter Building had
added to the tension, but certainly not excusing his behavior and conduct.
As a result, Mr. Bursch is to issue a public apology at their first televised meeting and he will
attend an Open Meeting Law training through the Town. This will be kept in a file on the
Chair in case of other events down the road. We decided this as a Board and felt this decision
was appropriate to the act and to the situation that was presented the evening of May 29,
2019.
2. Earth Removal Permit Renewals
Ms. Lemieux read aloud the memo from Land Use Director Adam Burney.
As you are aware, Garry Rhodes resigned his position with the Town of Lunenburg as of 1
August 2019. Due to this I have taken up the review and reporting on Earth Removal Permits
in the interim. The Select Board has a hearing scheduled on 20 August 2019 to review and
potentially renew these permits. Unfortunately, I will be out of Town with my family at this
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To renew all active earth removal permits until september 3, 4019
Discussion: Ms. Adams asked if one of the permits being requested to be closed out should
be addressed this evening. Ms. Lemieux stated there was a question on whether that should
be closed out, so they should wait.
Vote: All in Favor
Discussion on creating Minimum Level Spending Subcommittee
Mr. Alonzo stated in the past we have had an ad hoc non-voting committee that was made up
of the Town Manager, School Superintendent, one member each of the School and Finance
Committees, and a Selectman that would meet during budget season that would discuss
current issues and bring back what was discussed to their respective boards. It was a way to
inform all about their ideas coming in and going out and keep boards apprised of what was
going on. Alonzo felt when it was ongoing that it worked well. Ms. Luck believed
communication always improves a process. Mr. Alonzo felt if this Board was in favor, he
would send a message to the other people who would be involved to see if they would like to
reinstate this ad hoc committee. If there is interest then we can nominate people to be on it.
The Board concurred.
3. Minutes/Warrants/ Action Items
There were no Minutes. The Board signed an Accounts Payable warrant in the amount of
$308,527.22; a Payroll warrant in the amount of $609,625.48 and a Payroll deductions
warrant in the amount of $656,463.37. There were no action items.
4. Committee Reports
Ms. Luck thanked Ms. Lemieux for giving the Storm Water Task Force report earlier in the
meeting. Ms. Luck will be attending the Central Mass Regional Stormwater Coalition
Steering Committee meeting on August 22nd. Mr. McQuaid announced Capital Planning will
begin meeting soon.
OLD BUSINESS
1. Discussion about Unitil's Storm Resiliency Program
Mr. Alonzo stated everyone should have received an email from the DPW Director/Tree
Warden regarding the proposed pruning/cutting of shade trees program. The Board of
Selectmen would need to get involved with scenic roads if public comment was against it.
Ms. Lemieux reported Land Use Director Burney is organizing a site walk to review the
proposed trees. Mr. Alonzo noted Mr. Rodriquenz has walked the proposed route with a local
tree service person and many of the trees Unitil is proposing to remove are alive and viable.
Discussion ensued about the aesthetics of healthy trees being cut and/or removed and the
actual effect on the power grid and outages. Ms. Lemieux asked if there were any questions
for Unitil in advance of the next hearing. Ms. Adams stated the Unitil representatives were
pushing for the program and had said if it is not approved, the funding to remove anything
would be taken away. Will they be willing to pay for some of the work if the cutting was
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common notation that will allow each of the independent forms/tables to be cross-
reterenced,
• A map that shows each of the trees to be trimmed or removed that are being
discussed,
• More specific information on tree replacement, perhaps including species, quantities,
timing, etc.
• Information on if, how, timing, ballpark cost of moving the wires underground.
(I understand this is well outside the scope of the discussion, but some general
information may clarify the reality of this being an option or not.)
• Quantitative data on outages, customers affected, relation to pruning and vegetation
management; this may assist in further clarifying the issue and requests to perform the
Storm Resiliency Program
• Provide the total number of trees to be removed; public and private. If you are
removing a large number of private trees that are not covered by the Public Shade
Tree Act, it may help to provide a breakdown of those covered and those not
included.
• Priority ranking of trees to be removed
• Providing several locations where the SRP was successfully implemented and how
long ago the cutting was.
Ms. Luck stated if a map is provided, it would be helpful to know which trees are public and
private. Ms. Lemieux reported Mr. Burney asked Unitil to send some potential dates for the
site walk.
On a different matter, Ms. Lemieux reported Selectman Jeffreys is going to P J Keating's for
a site visit on August 22(8:00 a.m.) related to the earth removal permit renewals coming up
in September and he will be touring the town facilities with Kit Walker at 8:00 a.m. on the
29". If anyone else wants to attend, please let her know so she can let Mr. Walker know.
2. Discussion with Labor Counsel on Process of conducting Town Manager Annual
Evaluation
Attorney Marc Terry was present to assist. Mr. Alonzo stated we have just concluded
updating the annual evaluation form for the Town Manager. We have questions concerning
the individual evaluations and the written composite evaluation that brings all of the
individual ones together.
There is a question of whether the Board members during the Town Manager evaluation are
able to talk with Department heads on certain subject areas in the Town Manager evaluation
that would relate to us how that is being fulfilled other than our own interactions with her.
Attorney Terry stated the general premise is you can really come to agreement with the Town
Manager on the process that you want to use. We have to be mindful of the Open Meeting
law. It basically says that when you are doing a composite form evaluation and you choose to
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individual evaluation during the meeting; that makes it a public document. There is a court
case that came out the last couple of years that put a finer point on that. It did cause the
Attorney General to clarify some of the guidance that it had published before that was
consistent with what the court said but just wasn't clear on how it was communicated.
Can you as individual Board members or collectively as a Board, confer with other
individuals in town, whether department heads or other employees? There is no law that says
you can't do that. It is a matter of contract between you and Town Manager. If there is a
provision that has been negotiated and agreed upon that says, "working relationships with
department heads," it would make sense that conversations would occur. It does present some
challenges, such as how do you make sure that one person's opinion isn't overly weighted
and how do you make sure there's an opportunity to hear from both sides.
Mr. Alonzo stated our process is that each BOS member writes an individual evaluation when
Ms. Lemieux presents her self-evaluation. They will each meet with her and discuss their
individual evaluation. The Chair will write the composite which will be the public record and
presented and read aloud at a public meeting without voting. Once presented, the BOS
members would have access to each other's which are now completed for the purpose of
reviewing for the next week's meeting to be able to compare it to the composite to discern
whether it is a fair blend of all five evaluations. At the next meeting, the composite will be
discussed, agreed to and voted on. Mr. Alonzo asked Mr. Terry, does that follow the proper
requisites and (to the other Board members) does that process suit you to be able to get to the
final document?
Mr. Terry stated the one little piece he was thinking about is whether or not the review of
each other's individual comments amounts to the same kind of deliberation that the court was
concerned about in the legal case and the Attorney General was concerned about on advanced
view of the individual's. The process of the legal case that the AG had a problem with was if
you met before open session for everybody to see the composite in advance. The reason they
had a problem with that was because it amounted to deliberation which was the process of
you all discussing and knowing what everybody else was thinking. The only place you might
have concerns about was if there are things that are reflected in one of the five evaluations
that aren't carried forward in the composite. Then you do potentially have the scenario of
saying for example, "Mr. Alonzo's evaluation raised a particular point that wasn't in the
composite," and then it is not discussed, but then other members go and look and are now
aware of something that wasn't included in that particular document, but was raised in the
public sphere. I'm not sure I have a resolution to that.
Mr. Alonzo replied we need a one-page policy that specifically outlines all the steps. It is
vital that if people don't agree with the composite, that they don't cite specific ones because
then they are relying on them. Discussion ensued on whether or not to even view the
individual evaluations. Mr. Alonzo stated he would also like included in the policy that no
department head is quoted verbatim or named after speaking to a Board member. Ms. Luck
stated in other towns one Board member reached out to the department heads and compiled
all comments.
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PUBLIC COMMENT
Peter Beardmore, 282 Pleasant Street, stated at their June 18th meeting, there was a gentleman
from Pratt Street that came up to discuss an ongoing situation at the bottom of Pleasant
Street, specifically debris washing into it from private property following rain storms.
Beardmore wanted to know if there has been follow-up on that. Ms. Lemieux stated she
would look into it and get back to him.
Dave Passios, 56 Whiting Street, in regards to the earlier PILOT discussion, recalled past
discussion by this Board that a PILOT agreement was not worthwhile unless the Town got
net metering credits as well. He also believed the Town should be getting better numbers if a
PILOT is not agreed upon. He cited a legal case regarding taxation of solar equipment that
was ongoing at the time but never heard the outcome. Mr. Alonzo stated they were getting a
table showing the difference from the Town's Regional Assessors.
Mr. Passios inquired if they had received certification of new growth number yet. Ms.
Lemieux stated no.
Ms. Adams stated school starts next week on August 27th and to be mindful of school buses
being back on the road.
Mr. Alonzo stated he would entertain a Motion to enter into Executive Session Pursuant to
M.G.L. c. 30A, Sec. 21, Reason #3, to discuss strategy with respect to collective
bargaining and the Chair so declares that an open meeting may have a detrimental
effect on the negotiating position of the governmental body (Police Union) and to not
return to Open Session upon adjournment
Motion was made by Mr. McQuaid and seconded by Ms. Luck
Vote; Ms. Adams- aye, Mr. McQuaid-aye, Ms. Luck-aye, Mr. Alonzo-aye
The meeting adjourned at 9:23 p.m.
********************Executive Session Minutes are Separate*********************
Respectfully submitted,
Elaine m. Peterson
Elaine M. Peterson
Executive Assistant to the Town Manager