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have their plumber, as well as Gary Williams (plumbing inspector) sign off on the upgrade.
PUBLIC COMMENT-Jennifer Johnson (5 Richards Way) said that they have been trying to get the Deduct meter
installed but have not heard back from (their contractor). She added that she paid the annual fee and Barb replied
that the annual fee was for FY20. Barb added that she needs to submit the application when the meter is installed
along with a copy of the plumbing permit and signature from the Plumbing Inspector (Gary Williams). Carl Luck
shared a conversation with John Esposito in regard to not being able to get information on the location of the
connections in the street for 362 and 384 Mass Ave. John E. also said he was told that the town did not provide that
information and that it's his responsibility to find the T. In addition, for a prior connection on Pratt, he was told that he
had to obtain a key in order to turn on the low pressure system. Carl told John he did not know who was responsible
for this information and suggested he contact the Town Manager. Carl noted that the Commission may have a policy
issue and thanked the Chair for adding it to the Agenda for discussion. Carl's second comment referred to the O&M
contract awarded at the last meeting and he said that although all procurement regulations were properly complied
with, the process followed by the Commission was flawed. He pointed out that reference checks were done on only 1
of the bidders, there was a large difference in the bid rates and there was little debate by the Commission on the
factors affecting the decision. His third comment was in regard to the proposal to restrict a Commissioner's access to
legal office hours. He added that no other Commission restricts access and the legal hours are a free tool for
Commissioners. The policy proposal, to be discussed later in the meeting, would require prior Commission approval
before taking advantage of the legal office hours.
APPOINTMENTS -
Public Hearing - Deduct Meter Policy update for Sewer Use Regs-Article VII-3D(2) and Appendix K- Barb
announced that this was the 2nd of 2 public hearings for the updated Deduct Meter Policy. The changes to the policy
were the name change to Deduct Meter Policy, changes to how fees are handled and some clerical
updates/clarifications. Barb added that the Commission made the changes at the 8/25/20 meeting and the updated
policy has been posted on the website. There were no further comments from the public or Commission, so Barb
suggested that the Commission vote to accept the new policy and the hearing be closed.
Motion: Carl L.
Second: John R.
To accept proposed changes to the Sewer Use Regs Deduct Meter Policy-Article VII-3D(2) and Appendix K.
Vote Unanimous: Mike-aye, Carl-aye, John-aye, Brett-aye and Dave-aye.
Contract for Pump Station Operations & Maintenance - contract acceptance-Dave asked Commissioners if they
had any questions/comments on the contract that both Town Manager and counsel had approved and seeing none,
asked for a vote.
Motion: John R.
Second: Brett R.
To accept the Lunenburg Sewer Commission 2020 Operations & Maintenance Pump Station Contract.
Vote Unanimous: Mike-aye, Carl-aye, John-aye, Brett-aye and Dave-aye.
Dave requested that after the contract is executed, Barb invite Empey to a meeting to meet the Commissioners. Barb
said she will send the contract to Empey for their approval and the Commission will sign thereafter. Dave noted that
the contract starts on 9/15/20 and expires next June. Jack added that he will be all set to work with them after the
contract is signed.
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Leominster to discuss their plans.
Policy Discussions- Connection policy and process - The Commission discussed the packet that is given to
contractors, for tie-ins to sewer. Barb explained the process for contractors to apply for sewer connections. Jack
noted that many as-builts are missing and they sometimes need to camera the line to find the T. Sometimes the T
does not exist or a couple times someone paid a betterment and the Town is obligated to go into the road to find the
lateral. They have done 800 plus connections and had only 1 complaint which Jack addressed. John asked Jack to
explain the key for the low-pressure system and Jack replied it is basically a pipe wrench used by the contractor for
opening the valve at the connection. John asked if the Sewer Commission should have one available and Jack
replied that they have never had to use one. Carl noted that the Town Manager stated the town is not responsible for
finding the location of the connection and asked Barb if the town's responsibility is stated in the regulations. Barb
replied that the contractors are responsible for the preliminary work and the Town's responsibility is not clearly
spelled out. Carl suggested that the regulations should indicate what is or is not the Town's responsibility for finding
the location for the contractor. Carl asked Jack if the valve for the low-pressure system is the Town's responsibility?
Jack replied that in the regulations the Town is only responsible for the sewer main and not the lateral off the main,
even if a portion of it is in the Town right-of-way. He added that the Town and the Sewer Commission are not
responsible for anything past the outside diameter of the main line in the street. Carl suggested adding a small
paragraph, stating the Town's responsibility for location. Barb and Jack confirmed the contractor has tied in at least
10 times before. Barb will work with Jack on the wording for the next meeting.
Counsel access - Dave explained that since this is a team, if any Commissioner wants to go to open legal hours,
they should let the Commission know they are going and why. It is not meant to limit access to counsel. The
Commission discussed the issue, noting that the open legal hours are important, and they should discuss an issue as
a group before talking to counsel. Carl noted that the policy does restrict Commissioners from going to counsel hours
without permission of the Commission. He is against restricting Commissioners and that the Town set up the office
hours for any town employee or Commissioner to go. John added that if a Commissioner is speaking to counsel, it
should be clear if they are going for himself or on behalf of the Sewer Commission. Commission discussed the
wording for the Counsel Access Policy and Dave suggested changing permission to notification. Jack added that it is
protocol for department head to notify the Town Manager prior to meeting with counsel. The Commission discussed
and agreed to change the word to notification.
Motion: John R.
Second: Mike D.
To accept the policy for access to Town Counsel, changing 'permission' to 'notification'.
Vote unanimous: Mike-aye, John-aye, Brett-aye, Carl-aye and Dave-aye.
Q1 FY21 Commitment and Warrant - Barb reported the Q1 Commitment was $212,461.81 for the Q1 billing, which
has gone out. The document will be signed later when they meet in person. In regard to the Special Town Meeting,
the warrant will be for the Stabilization Fund transfer. Commissioners should contact Barb if any other articles need
to be added. Carl asked about the transfer of money for Bright Farms. Barb replied she needed to talk to Fitchburg
concerning making prepayments to save interest. Carl added that during the budget discussions, they agreed to put it
into the operating budget and decide how to handle the funds before the spring town meeting. Dave asked
Commissioners to not reply back on emails from a Commissioner, so as not to violate Open Meeting Law.
YTD FY21 Budget status - Barb will report at next meeting.
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Business Discussion - none
Business Manager Report - Barb reported there are 28 participants in the Deduct radio Meter program, which is
about half of the prior participants. The participant list has been sent to the Lunenburg Water Department for
readings to coincide with their water readings. Invoices- Mead Talerman for $329.62 (end of July to 8/5). I/l Billing
Tool-Meter Import - Barb is working on a test file in the training database. Jane will be starting the meter import on
9/9. Carl asked about discussing the format of the pump station runtime data with Woodward & Curran. Barb had not
had any discussions on that. Carl offered to talk to Woodward & Curran.
Member Agenda Inputs for Future Meetings - Dave asked Commissioners to send suggestions for business
discussions.
Public Comment - none
UPCOMING SCHEDULED SEWER COMMISSION ACTIVITIES:
September 29 @ 5pm - Regular Meeting, Remote Participation
October 13 @ 5pm - Regular Meeting, Remote Participation
Motion: John R.
To adjourn at 6:24pm
Second: Carl L.
Vote: Mike-aye, Brett-aye, Carl-aye, John-aye and Dave-aye.
Respectively submitted,
Your h, fandy
Minutes Clerk
Handouts:
Counsel Access Proposed Policy