===PAGE 1=== Page 1 of 9 Select Board Meeting Minutes February 13, 2024 Town of Lunenburg Select Board Meeting Minutes Town Hall, 17 Main Street and via Zoom Tuesday February 13, 2024 Members Present: Chair Michael Ray Jeffreys, Clerk Caesar Nuzzolo (via Zoom), Member Tom Alonzo, Member Renee Emkey, Member Absent: Vice-Chair Lou Franco Also Present: Heather Lemieux, Town Manager and Adam Costa, Town Counsel Public Comment Participants are listed in the minutes CALL TO ORDER AND PLEDGE OF ALLEGIANCE Chair Michael Ray Jeffreys called the meeting to order at 7:00 PM and led the Pledge of Allegiance. Chair Jeffreys informed attendees that the meeting was being recorded and broadcast live and would be uploaded to YouTube after the meeting. He explained that the agenda listed topics that may be discussed, but not all items may be addressed and other items not listed could be brought up as permitted by open meeting law. PUBLIC COMMENT George Burden, 39 Cortland Circle – commented that he has sent numerous emails and texts but not received any response. He added that the Home Owner’s Association is dysfunctional and was concerned that the 9” of snow was not the town’s responsibility. Chair Jeffreys stated that Mr. Burden is welcome to meet with the Board to discuss his concerns. John Bowen, 162 Highland Street- thanked the Board for giving him time to speak. He noted that Chair Jeffreys communicated with Nancy Yasko (Cemetery Commission) on 8/17/23 and that Nancy contacted Town Counsel on her own, without going through the Town Manager. Further he stated that the Cemetery Commission has no superintendence, maintenance and management powers—these are reserved for the Town Manager and DPW Director. ANNOUNCEMENTS Town Manager Lemieux gave the following announcement: • Annual Town Meeting Warrant is open now until March 18th at 4pm. Articles should be submitted to the Select Board office COMMUNICATIONS FROM OTHER BOARDS Discussion & Vote on ARPA funding request of $2,500 from Economic Development Committee – Chair Jeffreys reported that he has been working with the Economic Opportunity Committee and asked Joeci Gilcrest to make her presentation. Joeci, representing the 1st Middlesex District Economic and Community Development Collaborative, stated they are being asked to contribute $1,200 for development of the Collaborative Website. The amount had been ===PAGE 2=== Page 2 of 9 Select Board Meeting Minutes February 13, 2024 re-estimated from the original $2,500. This website will be the hub for area rural towns to display information that will lead to economic development and growth. They are still in the stage of gathering estimates for building the website. Chair Jeffreys noted that smaller towns experience a hardship in amplifying their needs and identifying what each has to offer for community activities and business. Joeci replied that this website would offer a central hub to display all this information and she will come back with more information as she gets it. They are working on a logo, mission statement and the website. Member Alonzo asked for a written proposal when it is available. Member Nuzzolo inquired about the figure for available ARPA funds and Chair Jeffreys replied that there is $58 K plus the $101K in interest. The Board welcomed the proposal but did not vote. INTERVIEWS/APPOINTMENTS/REAPPOINTMENTS/RESIGNATION • Public Hearing on Conrad’s Drive-In, 835 Massachusetts Avenue for Denial of License: no one present –tabled to later in the meeting. • Limousine License Application- George Kharialla d/b/a MediGo Transportation LLC, 313 Reservoir Road: Mr. Kharialla proposed starting a non-emergency medical transportation company to lessen the calls for ambulance transfers and is applying for a limousine license. His company would also be open for transporting people to do errands such as grocery shopping. He presently works in the ER at Leominster Hospital and has set up liability insurance. Member Emkey cautioned that he would need to set boundaries on the degree of medical conditions handled and Mr. Kharialla replied that he would deny any ER requests. They would transport in surrounding towns and he will check on license requirements for those towns. To start, they will use 2 four door vehicles and would like to add wheelchair accessible vans later. Chair Jeffreys stated he would suggest approval, conditional on proof of insurance and urged Mr. Kharialla to contact the building inspector about the number of vehicles he can have at a residence before needing a commercial location. Motion by Member Alonzo to approve the limousine license application for George Kharialla d/b/a MediGo Transportation LLC, 313 Reservoir Road, conditional on him providing us proof of insurance and liability and all other insurances required by the limousine policy as stated. Seconded by Member Emkey. Roll Call Vote: Clerk Nuzzolo-aye, Member Emkey-aye, Member Alonzo-aye and Chair Jeffreys- aye. Motion passed. (4-0-0) The Board will sign and hold until insurance proof is provided. INTERVIEWS/APPOINTMENTS/REAPPOINTMENTS/RESIGNATIONS Ratification of the Town Manager’s Appointment of Executive Assistant to Town Manager/Select Board, Annie Aubrey: The Town Manager detailed the application process which yielded 5 interviews. Annie Aubrey has been the Assistant to the Planning Board and was the best fit. In the absence of a Land Use Director, she has been keeping that office going. Chair ===PAGE 3=== Page 3 of 9 Select Board Meeting Minutes February 13, 2024 Jeffreys noted that Annie has demonstrated the ability to work well with the public and the Board is happy to see the job filled internally. Motion by Chair Jeffreys to ratify the Town Manager’s appointment of Executive Assistant to the Town Manager/Select Board of Annie Aubrey. Seconded by Member Alonzo. Roll Call Vote: Clerk Nuzzolo-aye, Member Emkey-aye, Member Alonzo-aye and Chair Jeffreys-aye. Motion passed. (4-0-0) Heather Lemieux stated the appointment will go into effect immediately and they will advertise for the Assistant to the Planning Board position. INTERVIEWS/APPOINTMENTS/REAPPOINTMENTS/RESIGNATION • Meeting with DPW Director and Town Counsel to review and vote on Flat Hill Road Order of Takings for Flat Hill Road Culvert project: Bill Bernard DPW Director reported they are getting ready to advertise the project for the Flat Hill Bridge over the Catacoonamug Brook at Lake Shirley. They need to move the utility poles and lines upstream 10 feet and requires easements, in order to bring a crane in for the project. Town Counsel referenced the map showing the easements and added that Bill was successful in getting 2 of the 4 property owners to do voluntary conveyances. He did not have success with the 3rd property and the 4th property is subject to a mortgage which would be complicated. He is proposing an order of taking for 890 & 914 Flat Hill Road- areas 1 and 3. Mr. Costa explained the wording for the vote and noted the rates for compensation to property owners based on appraisals – 890 Flat Hill Rd.- $3,000 and 914 Flat Hill Rd- $2,100 for easement awards. His office will contact those residents. Motion made by Chair Jeffreys that the Select Board acquire by eminent domain for the necessary health and welfare of the inhabitants of Lunenburg for municipal purposes, specifically for improvements to the bridge on Flat Hill Road over the Catacoonamug Brook, as authorized by Article 10 of Lunenburg Special Town Meeting of November 16, 2021 and that it further authorize the Board’s Chair, Michael Ray Jeffreys, to execute and enter into any and all documents necessary to effectuate the acquisition of the following property: a temporary easement located at 890 Flat Hill Road, Lunenburg, Massachusetts, depicted as temp. easement #3 area about 1,803 sq. ft. and a permanent easement located at 890 Flat Hill Road, Lunenburg, Massachusetts, depicted as perm. easement # 3, area about 667 sq. ft. on the plan entitled “Easement Plan of Land of Lunenburg, Massachusetts”, prepared by VHB, Inc. comprised of 2 total sheets dated January 6, 2023 and to be recorded with Worcester North District Registry of Deeds, together with the order of taking and a temporary easement located at 914 Flat Hill Road, Lunenburg, Massachusetts, depicted as temp. easement # 1 area about 1,104 sq. ft. and a permanent easement located at 914 Flat Hill Road, Lunenburg, Massachusetts, depicted as perm. easement # 1, area about 81 sq. ft. on the plan entitled “Easement Plan of Land of Lunenburg, Massachusetts”, prepared by VHB, Inc. comprised of 2 total sheets dated January 6, 2023, and to be recorded with Worcester North District Registry of Deeds, together with the order of taking and that still further, the Board award damages for said eminent domain takings in the total amount of $5,100.00 to ===PAGE 4=== Page 4 of 9 Select Board Meeting Minutes February 13, 2024 the affected record owners of said land, the amount per record of owner being specified in aforementioned order of taking. Seconded by Member Alonzo. Discussion: Member Alonzo asked why there were irregular shapes on the map and Bill Bernard stated that is where the telephone poles are being moved back. Roll Call Vote: Clerk Nuzzolo-aye, Member Emkey-aye, Member Alonzo-aye and Chair Jeffreys-aye. Motion passed. (4-0-0). The Board signed the sheets. • Meeting with Village at Flat Hill Trustees to discuss and review Stormwater Maintenance Plan: Chair Jeffreys noted that this is a discussion of the Flat Hill Road and Page Street drainage. Wayne Gariepy, 32 Cortland Circle (also Flat Hill Trustee) stated they want to get permission from the Conservation Commission to do the maintenance dredging on the retention pond. After the work is done, they will ask the Engineer, contracted by the town, to check the work and make further arrangements. They will be contracting with Powell Stone & Gravel for the dredging after receiving permission from Conservation. Mr. Gariepy added that the Trustees were looking for assurance that the town will not use this opportunity to add more requirements. Member Alonzo mentioned the possibility of water getting into the pipes. Mr. Gariepy replied that after the engineer makes his conclusions, they can address that issue. Member Emkey suggested asking the engineer for a scope of work and Mr. Gariepy stated they would be open to that. Chris St. Germain, 268 Flat Hill Road and member of Conservation Commission- said he did not think the retention pond was wetlands. They can contact the Conservation Admin. for clarification. Brian Marchetti – (Engineer contracted) – commented that the first step is to do an as- built survey of the basin and compare it to the design plans. The basin is not wetlands but it is located within the buffer zones to the resource area and should be an RDA with Conservation. Matt Allison, 188 and 305 Flat Hill Road – noted the issue was that the basin was not done correctly and questioned if the study was already done with suggestions. He added that Mr. Marchetti stated previously that the structure was in failure. He also confirmed there is still $40K in the Capital Plan for this project. Susan Whalen, 377 Flat Hill Road – expressed concern about water coming across the St. Germain property and down the road. She questioned if the water may be coming from the vacant lot and if it could be detained prior to entering the road. Chair Jeffreys noted the engineer did suggest adding a pond there to deal with the water. Karen Menard, 672 Page Street – thanked Mr. Gariepy for working with the neighbors. She added that she also has water in her yard along with flooding in her basement. David Melvin, 655 Page Street – stated that the drain is not handling the water coming from Flat Hill Road to Page Street and suggested there may be a blockage between the 1st and 3rd drain. He asked if they could put a camera through to check for that and suggested adding drains were the water is collecting. ===PAGE 5=== Page 5 of 9 Select Board Meeting Minutes February 13, 2024 Bill Bernard – replied the Jetter truck came out twice and the catch basin truck cleaned the catch basin. The Jetter went through but it appears the pipes are undersized. They also have had similar flooding at Electric Ave. and New West Townsend Road. Bill has put in 3 Capital Plan requests for Stormwater related issues in these 3 areas. They just need to find money to do the upgrades. Brian Marchetti – reported that Whitman & Bingham (now Haley Ward) did a right of way survey 2 years ago of Flat Hill from Cortland Circle down to Page Street and a right of way survey from the intersection of Page down to Beaver Brook. They looked at the drains and did test pits for stormwater but it did not make sense. The findings report included deficiencies in the outlet structures. He stated that the as-built survey of the basin will give them a better understanding of what condition the pond is in. Brian added that no closed pipe system can deal with the 100 year storms we are now getting. Chair Jeffreys summarized they will work collaboratively with the Village of Flat Hill, provide some engineering to evaluate their scopes, perform assessment to identify what the as-built is compared to what it was meant to do, converse on other sources of water contributing to this and how to mitigate it. Brian Marchetti- suggested engaging a hydrogeologist to do borings and ground water testing. The most realistic solution is to collect stormwater at the source and pipe it underground to the detention basin. Chair Jeffreys- further summarized that the Village of Flat Hill will be cleaning out the detention basin and the engineer will evaluate the scope of work to confirm if the basin is as it should be. They will ask Mr. Marchetti to use a camera to look for blockages in the drains. • Public Hearing on Conrad’s Drive-In, 835 Massachusetts Avenue for Denial of License – No one is present for this hearing. The Town Manager stated that the Board can act on the denial of license. She added that the owner has not paid the back taxes and had a payment agreement. Member Alonzo pointed out that their license expired on December 31, 2023 and they did not apply for a renewal. The Board discussed giving them due process and whether to open the public hearing. Motion by Chair Jeffreys to continue the hearing until February 20, 2024 at 6:45 pm. Seconded by Member Alonzo. Roll Call Vote: Clerk Nuzzolo-aye, Member Emkey-aye, Member Alonzo-aye and Chair Jeffreys-aye. Motion passed. (4-0-0). TOWN MANAGER REPORT Town Manager Heather Lemieux provided a comprehensive list of openings on town boards and commissions, urging interested citizens to fill out an application on the town website. She further noted these job opportunities -Facilities Custodian, Heavy Equipment Operator, Land Use Director and Temporary Administrative Assessing Assistant. • Update on 925 Mass. Ave. – The Town Manager reached out to the EPA for funding to do the water and soil testing. They met with Jim Byrne (EPA) about doing the scope of work and Joe McLaughlin (consultant) will provide the scope. He will also file an Immediate Response Action as required. ===PAGE 6=== Page 6 of 9 Select Board Meeting Minutes February 13, 2024 • Bids & RFPs – Data Collection Services for Assessing Dept. for FY25 to FY27. Request for Qualifications for Owners Project Manager for Marshall Park Project. • Assistant Town Manager is working with the Facilities Director for bids on roof replacement at the Town Hall. • IFB – for Flat Hill Culvert project will be advertised on 2/27, with bids due 3/27 • IFB – for road materials is due 2/21 • Request for quotations for personal property maintenance and utility appraisal services was due 2/8. They received 1 proposal from RFC for $21,100 for FY25, $22,600 for FY26 and $23,200 for FY27. The Asst. Town Manager notified RFC that they were awarded the bid. • FEMA decision on September Storm Reimbursement – The Town Manager was notified that FEMA denied the state’s request for reimbursement and the state will appeal. • The state did appropriate $5 Million in the fall for the September Storm and there’s a chance Lunenburg and other affected communities will receive reimbursement. The town requested $75,000 from FEMA. • FEMA for Covid Related Services – the Fire Department submitted paperwork 3 years ago for $66,780. When it is received, it will be a local receipt and a close-out balance for the fiscal year received. • FY25 update – the Town Manager was notified by the MIIA representative that the insurance increase will be 5.7% for active town and school employees. The first estimate was 10%, which was revised to 6.6% and finalized at 5.7%. • Monty Tech – Town Manager was notified that there will be a 3.75% increase for $44,256. The School Committee will vote on the budget 3/6. • Update on electricity supply – Working with Tradition Energy, they solicited a new contract, starting November 2024. They will be securing a new contract with BP for $.1177/kwh. The current rate is $.11868/kwh for 48 months. • Grants – The Fire Department received an emergency performance grant for $3,500 to replace 2 cold water rescue suits and accessories for the inflatable sled. Also $18,800 for the Fire Fighter Safety Grant to update 3 power saws and 3 radios. OLD BUSINESS 1. Review and Vote on Sub-Recipient Grant Agreement for ARPA Distribution to outside agencies – The Town Manager reported that it was reviewed by Town Counsel, with tracked changes. The Water District had no questions, the Food Pantry asked who fills it out and the Boys & Girls Club were reviewing the last version at their February 12th meeting. Motion by Member Alonzo to approve and accept the ARPA Grant Agreement as printed to us, dated 2/01/24. Seconded by Member Emkey. Roll Call Vote: Clerk Nuzzolo-aye, Member Emkey-aye, Member Alonzo-aye and Chair Jeffreys- aye. Motion passed (4-0-0). 2. Discussion on Fiscal Year 2024 Budget, Fiscal Year 2025 Budget, Capital Plan, and ===PAGE 7=== Page 7 of 9 Select Board Meeting Minutes February 13, 2024 Annual Town Meeting Warrant articles – Chair Jeffreys noted the Town Manager will present to Finance Committee on February 15th and encouraged all the Board to watch. He also suggested discussion at the next meeting. FY24 Budget – 40S funding – Town Manager met with Representative Kushmerek and on February 13th. She stated this year’s calculation was based on FY23 when they received a large bump of $730,000 in Chapter 70 money as a foundation community. Due to this, Lunenburg was disqualified from receiving aid now. They may be able to close out without a deficit due to conservative estimates for local receipts. Most likely they will qualify again next year. Chair Jeffreys noted he met with members of their delegation, pointing out the flaw in the 2 ½ system, with no inflationary adjustment. CURRENT BUSINESS Minutes/Warrants/Action Items Regular Session Minutes for October 3, 2023. Motion by Chair Jeffreys to approve the minutes of October 3, 2023. Seconded by Member Emkey. Roll Call Vote: Clerk Nuzzolo- aye, Member Emkey-aye, Member Alonzo- aye and Chair Jeffreys-aye. Motion passed. (4- 0-0) Warrants Accounts Payable warrant in the amount of $ 668,531.70. Payroll Adjustment of $744.45. Payroll warrant in the amount of $987,987.12. Action Items - none COMMITTEE REPORTS Board of Assessors: Member Alonzo reported they are going through the preliminary numbers of the final re-val, setting up their town report and how to convey information to the public before it is approved by the DOR. Finance Committee: Member Alonzo reported they had a discussion concerning the grant writer proposition, 2 ½ and the School Budget, and the Town Manager’s proposed Budget to be presented on Thursday. Stormwater Task Force: Member Emkey noted the board is now full, with Jenny Pewtherer joining from Conservation. Planning Board: Clerk Nuzzolo stated the board met 2/12 and the development at 255 Sunnyhill Road was continued to February 26th. Chair Jeffreys thanked the Board for their openness in hearing Joeci’s presentation. He also received an email from Shady Point in response to Open Space’s request to transfer property to provide access to the community for non-motorized vehicles. They have not discussed time-lines yet. Chair Jeffreys would like to schedule a meeting when they next discuss Open Space’s request. He reported they had a productive meeting with the School Committee Chair concerning the budget. ===PAGE 8=== Page 8 of 9 Select Board Meeting Minutes February 13, 2024 UPCOMING MEETING/EVENTS SCHEDULE February 17th at 10 am - Site Walk at 51 Parmenter Road and 0 Shirley Reservoir Road February 20th at 7 pm- Meeting with our State Delegation, Evan Watters (Finance Committee Chair) and Carol Archambault (School Committee Chair). They will meet 7-8:30 pm and the regular meeting will begin at 8:30. There will be 3 meetings in March. Member Emkey asked if they will be discussing the remote meeting policy and Chair Jeffreys replied they will discuss it in March. PUBLIC COMMENT TOWN MANAGER: none PUBLIC: Dave Passios, 56 Whiting Street and member of the Green Communities Committee – requested help in getting Associate member Kim Duffy to a full voting seat. ChairJeffreys replied that they will put this on the next meeting agenda and Ms. Duffy does not need to be present. Kim Duffy, 1479 Mass. Ave. – stated she would like to become a full voting member of the Green Communities Committee. She has rolled out a social media presence for the Committee to spread awareness of the grant opportunities. Also she would like to encourage collaboration between her committee and other town boards. BOARD COMMENTS Chair Jeffreys – encouraged residents to present public comments and for boards to meet with the Select Board. ADJOURNMENT Member Alonzo made Motion to Adjourn. Seconded by Member Emkey. Roll Call Vote: Clerk Nuzzolo-aye, Member Emkey-aye, Member Alanzo-aye, and Chair. Jeffreys-aye. Motion passed. (4-0-0). Meeting adjourned at 9:43 P.M. Respectfully Submitted, Jane Ranley, Minute Clerk These Minutes were reviewed and approved by the Select Board on: ===PAGE 9=== Page 9 of 9 Select Board Meeting Minutes February 13, 2024 Tuesday ______ Member ____made Motion to Approve minutes from February 13, 2024. Seconded by Member ____. All, aye. Passed unanimously (5-0-0).