===PAGE 1=== Select Board Minutes October 10, 2023 7:00 PM Chairman Jeffreys called the meeting to order at 7:00 p.m. He asked everyone to rise for the Pledge of Allegiance. He announced in accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast live over the Lunenburg Public Access Channel, Facebook Live and the Public Access Facebook page and will be uploaded to the Public Access YouTube channel within 24 hours after the meeting. The agenda lists all the topics which may be discussed at this meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by the Open Meeting Law. Members Present: Michael-Ray Jeffreys, Charman; Lou Franco, Vice Chair; Caesar Nuzzolo, Clerk; Renee Emkey. Tom Alonzo, Absent. Others Present: Heather Lemieux, Town Manager, Chris Sullivan, Zoom Parks Commission, Karen Menard, Ana Lockwood. PUBLIC COMMENT R. Emkey noted new Town website went live today. Caesar Nuzzolo commented on agenda center page with agenda and minutes on one page. L. Franco made comment tomorrow morning (October 11th, 2023) there is a pancake breakfast at the Eagle House at the Lunenburg Adult Activities Center from 8:00 AM to 10:00 AM. Michael-Ray Jeffreys commented on the recent news headlines and encouraged those at home to offer prayers to the people of Israel and Palestine due to the current conflict. Carl Luck, 50 Sunset Lane: C. Luck made comments referring to Open Meeting Law Complaint that was previously filed. C. Luck noted the complaint only named two (2) of the members which included Town Manager and the Select Board Chair and did not name Member Tom Alonzo. MFS Final report identifies the main issue was the Principal Assessor’s work and Department Staffing. C. Luck referenced the investigation team’s report previously presented at Select Board Meetings “asserts that the principal Assessor did no wrong and followed all DOR process requirements. This is blatantly untrue…” Additional notes were made regarding the draft report and management of the prior contract outside the assessor’s supervision of the principal assessor and his Department. It was recommended to publish all teams and residents questions and to open up the process and remove barriers to access information more quickly. Phyllis Luck, 50 Sunset Lane: P Luck noted she was a former Select Board member and understands the situation the Select Board is in; referencing the tax debacle last January. P. Luck asked why the Principal Assessor would be on the investigation team, and noted potential conflict of interest. P. Luck questioned how the 135% tax increase for Lake properties never been answered. Ms. Luck made note investigation efforts seem tainted due to significant difference in MFS Draft and final version including doubled tax ===PAGE 2=== increase percentages which “curiously tied out to the amount the town manager had initially set aside.” It was then requested Chair and Town Manager resign from investigation team and select two new members to join Selectmen Alonzo. Michael-Ray Jeffreys noted there were many inaccuracies to the public comments this evening but chooses to not respond at this time. Ana Lockwood, 91 Main St: As a resident who was not affected by the tax increase A. Lockwood noted she does not believe there was anything nefarious about the investigation team. All reports have been made public and as a community lessons were learned and encouraged the community to look forward and to give support to town employees. APPOINTMENTS 7:05 PM Joint Meeting with Parks Commission to interview/appoint to Parks Commission Vacancy until the May 2024 Annual Election: Anita Schiepers, 63 Chestnut Street Anita Schiepers has been a town resident since 2009, Town Manager has a professional relationship as Anita used to be a Town Administrator and comes very highly recommended. A. Schiepers has 25 years of experience as a Town Administrator and Town Manager and has knowledge on putting forward any facility improvements or capital improvements and working alongside other Commission members with that goal in mind. Ana Lockwood was asked for any comments or questions and noted excitement to have Ms. Schiepers aboard and thanking her for volunteering and being an added resource. Chris Sullivan (remote) commented on his excitement to have someone with the experience and knowledge to bring to the table. Caesar Nuzzolo and Lou Franco made comments on heavy endorsement and noted experience as a Town Manager will be a benefit for the committee. Michael-Ray Jeffreys asked if Anita has seen plans for proposed use for Marshall Park and what part of the plans speaks to you most? Ms. Schiepers responded making note of parking improvements, different facets of the proposed park improvements and multi-generational benefits. Karen Menard made Motion to Appoint Anita Schiepers to the Parks Commission through May 2024; Seconded by Chris Sullivan. Roll Call Vote Ana Lockwood, aye. Karen Menard, aye. Chris Sullivan, aye. Renee Emkey, aye. Caesar Nuzzolo, aye. Lou Franco, aye. Michael-Ray Jeffreys, aye. Unanimous. K. Medard made Motion to Adjourn Joint Meeting of Parks Commission and Select Board. Chris Sullivan Seconded. Meeting Adjourned 7:25 PM 7:15 PM Meeting with Parks Commission Chair Ana Lockwood re: Special Town Meeting Warrant Article for PARC Grant for Marshall Park. Article is to apply for $500,000 of ARPA funds and have Select Board approve at Town Meeting. Purpose of article is to acknowledge the utilization for those authorized funds be used for Marshall Park and there are no conflicts and does not affect Town budget. The article will designate the park as Chapter 45 Section 3. The land was purchased by the Town in 1913 and has a deed restriction. ARPA Funding Application requires vote on allocation of funds but ARPA funds are not rescinded if vote does not pass at town meeting but funds will not be utilized for Marshall Park if voted down. Select Board including Renee Emkey and Michael-Ray Jeffreys expressed concerns about redundancy and how voters will interpret the presentation. Michael-Ray suggested to make presentation very clear to voters if they vote yes or no these are the affects. Heather Lemieux noted that this requirement is specific for this Grant and not typical as well as a requirement under the purchase and sale agreement to designate the property as Park property. ===PAGE 3=== INTERVIEWS/APPOINTMENTS/REAPPOINTMENTS/RESIGNATIONS Ratification of the Town Manager’s Appointment of Seasonal Cemetery Laborer Rachel Hunt: Applicant withdrew as she took another position. ANNOUNCEMENTS / TOWN MANAGER REPORT Interim Conservation Administrator Leah Virgorov has resigned due to relocation to Western MA. Ribbon Cutting Ceremony for the ADA Patio for the Adult Activity Center is on Wednesday October 11th at 12:00 PM. Town Manager commended to the efforts of past and present town employees including Rob Olivia, Sue Doherty, Bill Bernard, Chris Ruth, and Don Gagney. Lunenburg Business Association hosting Trunk or Treat Saturday October 28th 12 Noon – 3:00 PM at the High School Upper Parking Lot. Registration is required, information is on Lunenburg website. Halloween Trick or Treating will be October 31st 6 PM – 8 PM. Yard waste started this past Saturday and will be every Saturday until November 18th from 8:00AM – 4:00 PM at Youngs Road behind Tri Town. Planning Board will hold their Public Hearing for the Agricultural Commission and Planning Board Special Town Meeting articles on Monday October 30th at 6 PM in the Bilotta Meeting Room at Town Hall. Special Town Meeting is Tuesday November 14th at 7:00 PM at the High School Auditorium Finance Committee will be holding their Public Hearing Thursday October 12th at 7:00 PM in Bilotta Meeting Room at Town Hall. Land Use Director Adam Burney’s last day is October 12th DPW Employees assisted Mayor Wood in reconstructing a drainage pipe on Gibson Street that was damaged during the September 11th rain event and their efforts had the street open than expected. VACANCIES: Architectural Preservation District Commission – 1 Vacancy Cemetery Commission – 1 Vacancy until next annual town election Finance Committee – 2 Vacancies Green Communities Committee – 1 Vacancy; 1 Associate Vacancy Open Space Ad Hoc Committee – 1 member-at-large vacancy Personnel Committee – 1 Vacancy Volunteer Applications are available on the Town website. More information is available by calling 978- 582-4130 ext 144 EMPLOYMENT OPPORTUNITIES: Assistant to the Sewer Business Manager – 19 hours a week Assistant Town Accountant – 32 hours a week Assistant Meal Site Manager – 19.5 hours a week Conservation Administrator – 36 hours a week Facilities Superintendent – 40 hours a week Finance Director – 40 hours a week Heavy Equipment Operators – 40 hours a week ===PAGE 4=== Land Use Director – 40 hours a week Principal Assessor – 40 hours a week Seasonal Cemetery Laborers Videographer – 2-10 hours a week More information available under Job Opportunities on the Town website Update on Community Compact Best Practices Grant Application: Lieutenant Governor notified Town Manager they approved the request to update our financial management policies and procedures and to create a bridge and culvert management plan. Sean Cronin, the Senior Deputy Commissioner of Local Services, updated they were able to fund the management plan through the best practices funding and will be utilizing the department of local services staff to handle the financial management policies and procedures update instead of the Call Center staff. The new town website has launched today; shout out to Kara McCarthy for doing an excellent job as well as Casey Chisholm working with Civic Plus and all departments getting the agendas and minutes posted. MUNIS: Upgrade last week which had several critical issues which has since been resolved. Karen Brochu has approximately 120 hours remaining as interim Finance Director. Her priority right now is to close out FY23 and Steve Barrett the Assistant Town Accountant will be taking on more responsibilities. CURRENT BUSINESS Approval of Minutes August 8, 2023: Caesar Nuzzolo made Motion to approve Minutes from August 8, 2023. Seconded by Tom Alonzo. All, aye. Warrants/Action Items: Payroll warrant $986,208.24. Payroll deduction warrant $687,871.84. Accounts payable warrant $98,161.23. Action Items: Michael-Ray Jeffreys posed the question of how long does it take to cut the cemeteries using existing equipment. DPW Director and Cemeteries Superintendent have been working on it and they were going to use Lakeview and Select Board has been invited to their meeting on the 19 th. COMMITTEE REPORTS: School Committee – Approved Capital Plan as proposed but meeting was conducted without the facilities director. Next meeting is on the 18 th and will have an update on the Rte 70 bridge. Council on Aging – Ribbon Cutting ceremony will happen tomorrow, there will be indoor seating and hot dogs. Master Planning Steering Committee – met on the 5 th and discussed tentative public meeting on November 2nd from 7 – 9 PM in the Library and details will be confirmed at next meeting October 19th. Existing Conditions report of the Town will be discussed and a 5 ft x 7 ft model of the Town will be built in 3-D. PlanLunenburg.com for more information. Capital Planning Committee: Next meeting is October 23rd Municipal Building Design Committee: No report Finance Committee: Michael-Ray will attend next meeting to discuss warrant related to special sterilization fund ===PAGE 5=== OLD BUSINESS Disposition of Town Property: 671 West St, 66.5 acres, intersection of West and Pleasant St as well as Pratt St. ; 225 Pleasant Street and parcel on 27 Young’s Road. Chairman encouraged Select Board Members to walk town owned property. Intent of properties is to hold future use for municipal buildings and intent to create policy in regard to the town holding onto property for future development. Review of the Special Town Meeting Warrant Articles: Motion to Defer Article A to Special Town Meeting, all aye. Motion to Defer Article B to Special Town Meeting, all aye. Motion to Defer Article C to Special Town Meeting, all aye. Motion to Defer recommendation of Article D to Special Town Meeting, all aye. Motion to recommend approval for Article E: Vote to transfer $232,800 from the FY23 Capital Plan under Article 6 of the May 7, 2022 Annual Town Meeting to the Lunenburg School District for the purpose of installing Ductless Split Climate Control Systems. Michael-Ray Jeffreys expressed intent to vote against which initiated a discussion. Mr. Jeffreys is in support of getting installation of air conditioning in school. Is not in favor of all the penetrations into the building exterior that will come with ductless split systems. Every penetration becomes a point of maintenance and vote is against the use of that system for the building. Analysis from facilities director pointed at costing upwards of several million dollars if that system is not used and Michael-Ray rejects that analysis. Board continued discussion and majority in-favor but agreed is less than ideal situation but the cost is greater to not get the school air conditioning. Made Motion to recommend for approval Article E. Lou Franco, aye; Caesar Nuzzolo, aye; Renee Emkey, aye; Michael-Ray Jeffreys, no. In favor 3-1. Article F requests the appropriation of $300,000 for repair TC Passios Building roof. Excess funding from the 30 School St project after receipt of an earmark for $100,000 from the State and Capital Plan FY23 with the Hazardous Materials abatement for 30 School St and funding for this project is available. Michael-Ray Jeffreys made Motion to recommend Approval for Article F to Special Town Meeting, all aye. Article G. To see if Town will vote to transfer $1,851.30 into the Sewer Reserve Capacity Stabilization Fund. Michael-Ray Jeffreys made Motion to recommend approval to Special Town Meeting, ally aye. Article H. To see if town will vote to transfer $5,340 into the Sewer Inflow/Infiltration Stabilization Fund. Michael-Ray Jeffreys made Motion to recommend approval to the Special Town Meeting, all aye. Article I. Vote to transfer $986,000 from Special Purpose Stabilization Fund to pay for a new ambulance to replace Rescue 1 and two (2) new dump trucks to replace two (2) decommissioned dump trucks. Michael-Ray made Motion to recommend approval to the Special Town Meeting. Seconded by Caesar Nuzzolo, all aye. Article J. To see if Town will hear interim report from Municipal Building Design Committee. Michael- Ray made Motion to approve to the Special Town Meeting, Seconded by Caesar Nuzzolo, all, aye. ===PAGE 6=== Article K. To see if Town will vote to reauthorize raising and appropriating $184,000 for final engineering and design services for certain recreation and open space areas at Marshall Park, located at 100 Chestnut Street with an additional sum of $1,000,000 from available ARPA funds. Proposed construction of a playground, multi-sport courts and pavilion, for a total amount $1,184,000. Michael- Ray made Motion to accept Article K into the Warrant. Motion to recommend approval to Special Town Meeting, Caesar Nuzzolo Seconded. All,aye. Article L. Vote to amend the Code of Lunenburg Chapter 250, Zoning Bylaw Definitions. Michael-Ray made Motion to recommend approval to Special Town Meeting, Seconded by Caesar Nuzzolo, all aye. Article M. Vote to amend the Code of Lunenburg Section 250-6.4 Driveways and Entrances. Michael- Ray made Motion to recommend approval to Special Town Meeting, Seconded by Caesar Nuzzolo, all aye. Article N. Vote to amend the Code of Lunenburg Section 250-4.5 and 250-4.6 by adding new sections 250-4.5A(6) and 250-4.6A(4) to include language regarding Solar Parking Canopy. Michael-Ray made Motion to defer to next week Select Board Meeting, Seconded by Lou Franco, all aye. Article O. Vote to amend the Code of Lunenburg Section 250-4.13 Solar Energy Systems by modifying the definition of Large-Scale Ground-Mounted Photovoltaic Installation. Michael-Ray made Motion to recommend approval to Special Town Meeting, Seconded by Lou Franco, all, aye. Article P. Vote to amend the Code of Lunenburg Section 250-4.9 Water Supply Protection District. Michael-Ray made Motion to recommend approval for Special Town Meeting, Seconded by Lou Franco, all aye. Michael-Ray withdrew Motion and Lou Franco withdrew Second. Michael-Ray made Motion to defer to Special Town Meeting, Seconded by Lou Franco, all aye. Lou Franco made Motion that the Select Board has voted on a disposition of any article to either defer, not recommend approval, or recommend approval. Such vote on disposition also explicitly constitutes a vote to put it on the warrant. Seconded by Michael-Ray, all aye. Review Select Board Bylaws (FY24 Select Board Goal #3) Chapter 305 in Select Board Policies pertains to remote participation. Currently guidelines for participating remotely is limited to emergencies, illnesses, or military service. Michael-Ray recommended language changes. Meeting on the 24 th to discuss Chapter 305. Chapter 74 – Michael-Ray made Motion to modify the language in Chapter 74 to read each instance of the word selectman and phrase Board of Selectmen shall be replaced with Select Board. Seconded by Lou Franco, all aye. Michael-Ray made Motion to add those modifications to Chapter 74 to the Annual Town Meeting in the Spring. Seconded by Lou Franco, all aye. Chapter 5 – Administration of Government. 5-3 Conflict with current language in the Charter. The discussion shifted towards Chapter 5 of the town's administration, particularly focusing on sections 5-3, 5-2, and 5-4. There was a noted discrepancy between the current language in the charter and the identified responsibilities. The discussion primarily revolved around the town manager's role in overseeing public grounds, parks, buildings, and places of public resort. It was suggested that clarification is necessary to delineate responsibilities between the Board of Selectmen and the town manager. ===PAGE 7=== Recommendations were made to maintain the current language in section 5-2 regarding the Police Department's oversight, emphasizing the importance of their unique role and the need for additional oversight despite state and town management supervision. It was agreed not to propose substantive changes to Chapter 5 but to review it comprehensively. Tasks were assigned for further review and analysis, with a request for the town manager to advise on Section 5- 3 by the first meeting in December. UPCOMING MEETING/EVENTS SCHEDULE October 17, October 24 October 11th Ribbon Cutting for new ADA Patio, 12 PM, Lunenburg Adult Activity Center, 25 Memorial Drive; November 14th Special Town Meeting at 7 PM, LMSHS Auditorium PUBLIC COMMENT A clarification was provided regarding the town manager's role in the investigation, emphasizing cooperation rather than active investigation. The importance of providing accurate information to the public was underscored. The meeting concluded with a reminder of the ongoing investigation report compilation and the challenges of balancing responsibilities alongside other commitments. ADJOURNED 9:24 PM