# select-board — 10 documents, concatenated for reading and search # # This is a CONVENIENCE BUNDLE, not a source. Every document below is # published separately and byte-identically; cite the individual file, # whose path is given in each header, rather than this bundle. # Index of all boards: https://lunenburgbudgetproject.org/minutes/INDEX.txt # The town's own scanned original is linked per document. ======================================================================================== DOCUMENT : 2010-08-24-minutes-4749.txt BOARD : select-board DATE : 2010-08-24 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2010-08-24-minutes-4749.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08242010-4749 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== fates Sary BOARD OF SELECTMEN MEETING MINUTES 8/24/10 The Board of Selectmen met in the Town Hall, Joseph F. Bilotta Meeting Room as scheduled with Paula Bertram, Steven M. deBettencourt, Ernie Sund, Tom Alonzo, Dave Matthews and Town Manager Kerry Speidel present. Meeting opened at 6:10 P.M. and recessed by roll call vote at this time for Executive Session to discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government's bargaining or litigation position in accordance with M.G.L. Chapter 39, §23B(3). Chairman announced that the board will be returning to Regular Session which reconvened @ 7: 00 with the Pledge of PUBLIC COMMENT Dave expressed appreciation to the Lunenburg Family Lions Club and the Fire Department for the excellent job with the bonfire held last week. Resident of Maple Parkway, Mrs Mead questioned where her street stands in regards to sewer and per Paula this board has no involvement and directed Mrs. Mee to the Sewer Commission and the Planning Board. ANNOUNCEMENTS Announcement from the Lunenburg Water District - The Massachusetts Drought Management Task Force has issued a drought advisory. The Water Districts water withdrawal permit requires the Water District to implement water restrictions upon a declaration of an advisory, warning, or emergency. The restriction being implemented is for no nonessential use of water between the hours of 9 A.M. and 5 P.M., and for Odd/Even day watering. Homes with even numbers can water on even days, and homes with odd numbers can water on odd days. Restrictions do not apply to water used for business purposes, tood, livestock etc. The purpose of the restrictions is to ensure a sustainable drinking water supply, and to protect natural resources, and streamflow for aquatic life. If you have any questions regarding this matter, please contact the Water District office at 978-342-9211. Tom noted that tomorrow is last day to register to vote in the State Primary and Town Clerk has posted that the office will be open for extended hours tomorrow. APPOINTMENTS CURRENT BUSINESS 1. Minutes - Board of Selectmen regular session for 8/3/10 & 8/10/10. Warrants - #10 11, 8/24/10 - $366,805.35 reviewed and signed. Action File Issues - None 2. Committee Reports - • Dave - School Committee met last week and they are getting ready to open for session next week. Administration offices have been moved. Kevin's gate is underway and will be quite a memorial when completed, totally private fundraising and no town funding involved. Joint meeting on regionalization is scheduled for next Monday, 8/30/10 @ 7:00 PM. MSBA has been out looking at both buildings and discussing the various setups and circumstances. Tom - Finance Committee meets this Thursday. • Steve - the DPW Building Committee met for the first time today and have been working on an RFP for design services and will be trying to get out as soon as possible. Ernie - PACC Committee did meet and has an approved job description for coordinator, believe this has been placed out tor advertising. Kerry has reviewed the job description and has asked that this be placed on the agenda for the next Personnel Board meeting, possible that they may review/approve next week. PACC has identified a salary range of $12 - $18; salary to be funded through the cable licensing fees, not a benefit eligible position. 3. Town Manager Updates - Kerry asked Jack Rodriquenz in to present some information to the board which they requested on the Pavement Management Plan and information on the flooding on New West Townsend Road and finally removal of tank at old primary school. Jack informed the board that there is some money, i.e.; $320,000 of Chapter 90 allocation, noted that the plan took a great deal of time and research and would behoove us to stick to the plan as much as possible. Identified roads to be paved this year as Lancaster Ave. to Kilburn rounded off to $20,000. only for the pavement, should be in the neighborhood of $130,000 to $135,000, have contractor coming in tomorrow to assess the project. Also entails drainage work and this should be within the stated amount. Summer Street is on the books and he continues to work diligently with Fitchburg and Leominster. Next on the list is section of New West Towsend Road, also ties into flooding issue of 26/27 New West Townsend Road. Development in which most of the drainage flows into a retention pond, with the storms in the spring, pond flooded over our roadway and into the private property. We are doing the best we can for the ===PAGE 2=== people in that area and with the cooperation of the City of Fitchburg have placed swales and hopefully a backstop, into a cross cutivert which drains into a wetland area: In doing this project will also tie in the small piece of Northfield Road this way we'll have that whole section tied in with drainage, paving and grading so that all that drainage won't be a low spot but we'll be picking this up and using existing drainage to redirect the flow. Should be able to do this in the vacinity of $190,000. Noted that for this time of season we're kind of late, New West Townsend Road would be the first road to address with paving and then go to Lancaster Ave. and hopefully all within the $320,000 allocation. Crack sealing will also be addressed, approximately $30,000 to $40,000 out of the general appropriation as preventative maintenance to our roadways. Proposed right off the plan in order, Sunnyhill Road (West St. to Mass Ave.); Elmwood Road, Pioneer Drive, Electric Ave., Hollis Road and hope to get to Eastern and Upland for a total linear feet of 23,800. Drainage work on both New West Townsend Road and Lancaster Ave will be coming out of the general appropriation. Noted that 98% of the flooding that we saw in the spring was the result of flooding on private property and coming onto the public ways and Jack has been in consultation with town counsel as to where our liability stands. Paula questioned how does the town make a determination on sizing the drainage pipe and per Jack, he decides on the size of the pipe and that's determined based upon his years of experience. Town doesn't have the money to spend on engineering and noted in some cases we're restricted by driveways in relationship to the level of the roadway and have to be sure that we don't create an issue in trying to cure an issue. Board expressed appreciation to Jack for his development and implementation of the plan. Board was also informed that today the Underground Storage tank was removed from the old primary school site by Entech and Enstrat was here to test the area. We have the manifest as we own from cradle to grave, should get the test results report back by next week, in evaluating the samples by site and smell don't expect to have a problem with hazardous materials. Kerry reminded the board that we went ahead and had this work done as the project was bumped out of funding from HUD because that tank was there, so essentially we had this summer to remove so that we can resubmit the application within the next month. Dave would like an update from the town manager on the revenues from the increase in sales tax and the state's estimates. Makes sense to wait until mid-October for this report. Dave questioned advertising for the availability of liquor licenses and per Kerry we were holding off anticipating information from the ABCC on Bengals and as we haven't received any notice from ABCC, expect to advertise for September 1s!. Also questioned where we stand on trash receptacles at the lakefront and per Kerry, Emerald Place developer has agreed to purchase the new recycle trash. 4. Earth Removal Permit Renewals, Bylaw Article IX, Section 9 - Paula reveiwed the list, inspection report furnished by Michael Sauvageau, Zoning Inspector (attached). Steve motion to approve, Tom seconded, voted unanimously. 5. Memorandum of Understanding w/Emerald Place LLC regarding ongoing maintenance of Whalom Lake Waterfront - Paula outlined the circumstances on the project, Emerald Place and a component of the project is improvements to the Lakefront and one of the concerns of the board is that the area is preserved for public access and use. At conclusion of the improvements they have agreed to deed the ownership and interest in the roadway over to the town. Reviewed the attached Memorandum of Understanding. Kerry called to the board's attention, point 2, talks about 3 years, need to better define the completion of roadway improvements and Item 3 reference to Parcel D, either attach the plan or further identify. Paula would agree with both suggestions and would like to see a reference to the plan that we are working on under item #1 as well. Paula would also like to see that the language under item 3 "As a further protection for any needed parking on the lakefront, which based upon historic usage and traffic counts appears unlikely" is stricken from the agreement. Tom's understanding that everything from the curb to the shoreline is to be deeded to the town and Paula would like to see language that would specify what exactly will be deeded to the town at the completion. Ernie questioned also the fencing and safety concerns along the roadway and per Kerry that's an issue that we're trying to nail down right now. Questioning if there's a state requirement on fences, does the state require them and if so then who will be maintaining. Her understanding is that the town requested this through the State and per Jack Rodriquenz whose understanding that there is a strip of land that belongs to the State and on top of that strip of land is the berm and the fence. We did install from the Leominster line to the town beach and we had maintained up until this project began. His recommendation would be that as with most construction projects there's a one year warranty period and whatever comes last with the project, that that is the day that the warranty begins. One year from then is when the warranty period ends and from that point then three year warranty should begin. Paula would direct that to the Planning Board as she is not aware what has been included in the permit. Tom noted that we have to be very clear about what this Memorandum of Understanding is about, the discussion was about who maintains the green space, any road project is under the project itself. Paula noted that any development that takes place in the community that you are involved; to ensure that the warranty time is implemented Steve noted that this is maintenance of the green space and improvements to the sidewalk. Board concurred that we need to find out exactly what the state's requirements may be. Per Kerry, they're not looking to make changes to the fence, her recollection was that the fence was along the walkway and they wanted the chain link fence removed from the lake side. Per Tom they talked about removal of the chainlink fence and would be willing replace with a different fence. Kerry will verify and per Jack in recent discussions with the developer they have no intention of replacing the chain link fence. Kerry will bring back information to the board at their meeting in September. ===PAGE 3=== 6. Acceptance of Town Counsel new fee proposal - Paula reveiwed the proposal. Kerry noted that a letter was previously distributed to the board from Attorney Leonard Kopelman that described general services. Paula noted that land acquisition and litigation would be outside this scope. Steve would like to think that we could keep the 36K number down and would expect that these numbers would go down, realizing that last year there were a number of litigation cases which we have no control over. Kerry noted that the 36K is a cap, and they will bill us up to the $36,000. Noted to the board that as our expenses were increasing this past year, she had held on to some of the invoices and that we received the June bill for $1,600 which is a slow month for us. Also noted that the questions Jack has for counsel relative to drainage will come under the general services. Dave noted that litigation issues, we can't control, can expect that if we go to town meeting and town counsel and the attorney general review and approve articles voted on, then we should be safe. Motion to accept the fee for general services and cap at $36,000 move by Tom, seconded by Steve voted unanimously. 7. Keno License for Vagas Lounge - The office frequently recieves notices from the State on Keno applications and Kerry questioned if this is something that the board would like to see on the agenda or placed in the action file. Paula would request that they be placed in the packets and if there is some objection from any member of the board then it could be placed on the agenda. 8. Mass Broadband Institute - Kerry informed the board that this group has been given a significant amount of money to expand broadband to Western Massachusetts. Mass Broadband Institute has confirmed that we will be receiving broadband service which will be coming down Route 2A. They are looking for a designee as the town's representative and are questioning if someone on the board is interested, Tom voiced his interest. Ernie questioning why he can only get broadband and internet and not television. Tom noted that these are important questions as well as who would be diseminating the broadband service throughout the town and these issues will be discussed. 9. Selectmen Requests a) MMA's 6t* Grade Essay Contest - board voted unimously to forward information to the school department so that the town could participate in the annual contest. b) Home Rule Petition relative to Municipal Health Insurance; Kerry wanted to bring to board's attention that some communities in the area are submitting home rule petitions, sample attached. Noted that the PEC has been working diligently with the town, but that this option is also available to the town. Dave thinks that we need to start pushing this forward ourselves and is in favor of moving forward on this. Tom's concern is that where we've adopted Section 19, he doesn't know at this point that he's just willing to scrap anything and is a bit ambivolent on whether he supports or not, would like to have more information. If we address health care costs then the insurance crisis would recognize this. Per Kerry the action on the petition would require Town Meeting approval and her reason for putting this on was to see if there's any interest from the board in putting this on for a future town meeting. Paula would agree with Tom and by the town adopting Section 19 and working with the PEC she would also need more information before moving forward. Steve is in the middle on this one, sees it as getting the health insurance out of collective bargaining and we've done that. We have to work in partners with the unions and noted that the health insurance costs are crippling. He would support a home rule petition but feels that we still have to work with these people and that the group we have right now (PEC) has been working with us, but time and people can change. Kerry will get an answer from Town Counsel on whether the adoption of Section 19 would preclude us from submitting a home rule petition. Dave acknowledged the working relationship that we have had with the PEC, but noted that sometimes we have to move things along and not losing site of what the PEC has done for us. c) United Nations Day Kerry request that United Nations sends out and is questioning whether the board wants to act on this. Tom has no problem and understands that we generally have not done these type of proclamations. Paula would agree, and entertain a motion that we issue a Proclamation declaring October 24, 2010 as United Nations Day, Steve moved Tom seconded, voted unanimously. OLD BUSINESS COMMITTEE APPOINTMENTS/REAPPOINTMENTS/RESIGNATIONS EXECUTIVE SESSION 1. M.G.L. Chapter 39, §23B(3) to discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government's bargaining or litigation position Being no further business board voted unanimously to adjourn Regular Session at 8:43 P.M. Respectfully submitted, Laura Williams, Chief Administrative Assistant Board of Selectmen ===PAGE 4=== Michael J. Sauvageau Building Commissioner Zoning Official 17 Main Street P.O. Box 135 Lunenburg, MA 01462 Phone: 978 582 4146 Fax: 978 582 4148 Town of Lunenburg Building Department August 23, 2010 Board of Selectmen 17 Main Street Lunenburg, MA 01462 Re: Earth Removal Permit Renewals I have inspected the earth removal sites as requested by your Board and recommend renewal. Below is a list that corresponds to your request with notations on individual sites. # Name Location status 8/21/2006 1 Ralph Montouri Const. 186 Mass Avenue 5 A.C. Szocik Inc easterly Reservoir Rd. inactive, no visible signs of use. inactive, wooded lot 8 Wm. R. Proctor Inc. off Mass Ave. Northerly restored 100%, no visible signs of use. 14 P.J. Keating Co. **see notation below 15 P.J. Keating Co. W. Side of Fort Pond Adjacent to Lancaster Northerly Leom-Shirley Same Rd. & westerly of Res. Rd. both sides of B&M ===PAGE 5=== 16 P.J. Keating Co. 17 18 19 P.J. Keating Co. P.J. Keating Co. P.J. Keating Co. 27 P.J. Keating Co. 28 29 P.J. Keating Co. P.J. Keating Co. 30 P.J. Keating Co. 42 P.J. Keating Co. Northerly Leom-Shirley same Rd. and easterly of Res. Rd. both sides of Round Rd. Southerly Leom-Shirley Rd. easterly of Ft. Pond Rd. same Southerly of Leom-Shirley & westerly of Ft. Pond Rd. same easterly of Shirley Res, and northerly of B&M railroad on Shirley town line. same southwest corner of Lunenburg same approx. 1300 inland from Leom- Shirley Rd. westerly side of Reservoir Rd. same near Round Rd. westerly side of Reservoir Rd. same south and near Goodrich St. southeast corner of Lunenburg same approx. 2200 inland from Leom Shirley Rd., abutting the Shirley Town line. Leominster-Shirley Road same **No visible changes to existing parcels. 31 A.C. Szocik, Inc. Off Arbor St. entrance no noticeable activity from Rt 2A approx. 800' inland. ===PAGE 6=== 32 Powell, Raymond rear of 395 Goodrich approx. 1150'inland from C. Nass **see below 52 Christopher Crowley d/b/a MP Crowley Co., Inc. 626 Reservoir Road earth removal complete, New home under construction. Permit #32- R.A. Powell-this pit is currently active with some stockpiles on the north and northeasterly side of the pit. The railroad ties have been removed. Screening of compost is currently taking place. All other areas of the pit have no or very limited activity. The pit is clean and orderly. Unused portions remain vegetated. Permit #14-42 - P.J. Keating- All of the pits and associated activities are being used as in the past. Stockpiling of product as well as recycling of shingles and concrete waste is being conduced in an orderly fashion. A few blasts have occurred on the Lunenburg side of the property this year. The pits associated with the Lake Shirley side of the railroad bridge are used for stockpiling with regard to the buffer area for sound control. ===PAGE 7=== Emerald Place Development Company, LLC Lexington Office Park 430 Bedford Street, Suite 195 Lexington, MA 02420 Telephone: 781-860-0031 Facsimile: 781-861-0065 August 24, 2010 Town of Lunenburg 100 Massachusetts Avenue Lunenburg, MA 01462 Attention: Town Manager Kerry Speidel Dear Ms. Spiedel: This Memorandum of Understanding is intended to memorialize an agreement between Emerald Place Development Company LLC ("Emerald Place") and the Town of Lunenburg in connection with the development known as Emerald Place at Lake Whalom. It grows out of our recent meeting with the Board of Selectmen ("BOS") relating to improvements on Lakefront Avenue, which were proposed by Emerald Place. 1. There was a discussion about the proposed improvements along Lakefront Avenue with a focus on (a) traffic and public safety, (b) the desire for added walking area and green space, and (c) the need for adequate parking for the lakefront area. Based on input from the BOS, Emerald Place agreed to modify its proposed improvements to include the already proposed increased green space and sidewalk improvements, and to also increase the parking count from the proposed 14 parallel parking spaces to instead provide for 30 lined spaces on Lakefront Avenue for head on vehicle parking. All parties agreed in principle to the improvement and Emerald Place agreed to take responsibility to make the improvements to the roadway. 2. Future maintenance of the improved roadway was discussed. After a full discussion of the issue, Emerald Place agreed to maintain the new green space along the expanded sidewalk system of Lakefront Avenue for three (3) years after completion of the roadway improvements. Trash collection and roadway maintenance will be the responsibility of the Town after the roadway work is completed, as they are today. 3. As a further protection for any needed parking on the lakefront, which based on historic usage and traffic counts appears unlikely, Emerald Place agreed to make ===PAGE 8=== its parcel on the other side of Whalom Road (known as Parcel D) available for overflow parking. 4.. Emerald Place and the BOS recognize that there has been a dispute between the Town and the prior developers, Global Property Developers Corporation ("Global"') about legal ownership of Lakefront Avenue. In order to resolve that dispute amicably, Emerald Place agreed to deed the ownership interest in the roadway to the Town after the completion of the roadway improvements. It is the hope of Emerald Place to begin construction on Lakefront Avenue at the earliest opportunity in August 2010. Please execute this document on behalf of the BOS at your earliest opportunity, so that construction may begin. Thank you for your consideration. If you have any questions, please let me know at your earliest opportunity. Very truly yours, Cary C. Crossen C. Grone Emerald Place Development Company LLC Agreed to: Paula Bertram, Chairman Board of Selectmen Steven M. deBettencourt, Vice-Chairman Ernie Sund, Clerk Thomas A. Alonzo, Member David J. Matthews, Member Kerry Speidel Lunenburg Town Manager Date Date Date Date Date Date ===PAGE 9=== KOPELMAN aNd PAIGE, p.c. The Leader in Municipal Law June 14, 2010 101 Arch Street Boston, MA 02110 T: 617.556.0007 F: 617.654.1735 www.k-plaw.com Leonard Kopelman Lkopelman@k-plaw.com Hon. Paula J. Bertram and Members of the Board of Selectmen Lunenburg Town Hall P.O. Box 135 Lunenburg, MA 01462 Re: Town Counsel Services Dear Members of the Board of Selectmen: As I am sure you know, the biggest cost for legal services comes from large court cases. With the exception of fiscal year 2007 and 2008, we have been representing the town of Lunenburg for the last 19 years. For the last five fiscal years that we have been representing the town, namely: 2003; 2004; 2005; 2006; and 2009, our average was $61,320. This fiscal year is high because of three large litigation cases, one of which is not even being handled by our firm. Once these cases are done, we fully expect to go back to the average cost for Lunenburg. In the meantime, we will cut our hourly rate by $5.00 to $170.00, and we will cap general town counsel services at $36,000 for the forthcoming fiscal year. r. 336 K. Respectfully submitted, 2, general Services - Leonard Kopelman #402417 send ethis come letter for Briar Riley tolen kopelman Boston • Worcester • Northampton • Lenox ===PAGE 10=== sent to loxi MASSACHUSETTS MUNICIPAL ASSOCIATION 8/13/10 ONE WINTHROP SQUARE, BosToN, MA 02110 617-426-7272 • 800-882-1498 • fax 617-695-1314 • www.mma.org RECEIVED August 5, 2010 •AUG - 9 2010 Dear Mr. Alonzo, SELECTMEN'S OFFICE •- The Massachusetts Municipal Association (MMA) is pleased to announce the fifth annual MMA statewide Essay Contest for 6th Graders. This initiative raises public awareness, promotes th tributes of good local government and encourages future leaders of Massachusetts to take an activ interest in their community activities. "If I were elected leader of my community, I would make a difference by..." The MMA invites 100 cities and towns to participate in the 2010 contest. We are sending this letter contest form and a study guide on local government. We will be inviting your school leaders to distribute the essay materials to all 6th Graders. Students will be able to access contest materials via our website: www.mma.org. The essay contest is fun for students and demands little time or preparation from the teacher. It is viewed as an independent student project but can be incorporated into a teacher's lesson plan. The MMA is available as a resource to any teacher, school or municipal official. All 6th Graders in your public schools are invited to participate. The MMA will award savings bonds to three finalists. The overall winner will be invited to the MMA's Annual Meeting & Trade Show, January 21-22, in Boston. Every student who participates will receive a participation gift. In addition, all teachers who participate will be entered into a random drawing for a prize. The contest deadline for students is November 5th. If you have any questions, please contact Essay Contest Coordinators, Ellen Stoolmacher or Kristi Williams at (800) 882-1498. We are excited to engage and encourage students to think creatively about local government. We hope you will join our effort by signing up your community today! Thank you for your time, interest and leadership. Sincerely, Geoffrey Beckwith Executive Director Massachusetts Municipal Association Beverly Mayor William F. Scanlon, Jr. President Massachusetts Municipal Association ===PAGE 11=== MNA's Statewide 6th Grade Essay Contest Community Sign-Up Sheet The leadership and commitment of elected and appointed officials is the key to the contest's success. The MMA Will count on you to promote the contest, generate enthusiasm for local government, and help make one of your 6th graders the winner. Please consider: • Publicizing the contest by working with your superintendent, principals and teachers. Alert the PTA, school committee, and community groups. • Promoting the contest on your community's website. • Posting the contest materials in city / town hall • Announcing the community's participation to local newspapers. • Visiting your 6th graders to discuss local government and the contest. Talk about community service, local government's commitment to citizens and the importance of good leadership. A classroom visit from a local official has a profound impact on the quality of information students possess about municipal government • Holding a hometown award ceremony at a meeting of your governing board (or at an appropriate event) if one of the winners is from your community. NOTE: By completing this form you give MMA permission to invite your schools to participate. Participation by your schools is optional, but MA will not forward any contest materials to your schools without your signed support of the essay contest. Sign Us Up Today! As the chief municipal official, our community will participate in the MMA's statewide 6th grade essay contest. Name: Title: Address: Fax: Phone: Email: Date: 1. Is your community in a regional school district: 2. Is your 6th grade included in the regional district: Please Circle Yes or NO Please Circle Yes or NO 3. What other communities in the district include their 6th grade: Fax to the MMA by SEPTEMBER 10: (617) 695-1314 Questions? Contact Ellen Stoolmacher or Kristi Williams at the MMA at (800) 882-1498 ===PAGE 12=== RECEIVED AU5 = 2819 SELECTVEN'S OFFICE Office of the City Manager City Hall • 375 Merrimack Street • Lowell, MA 01852 P: 978.970.4000 • F: 978.970.4007 www.LowelIMA.gov Bernard F. Lynch City Manager July 30, 2010 Dear Fellow Local Official: Once again the efforts of cities and towns to gain some control over budget busting health insurance communities that face further cutbacks in services or increased levels of taxes to meet the rising costs. As municipal officials we have sought the same authority of the state government to design health insurance plans for employees that retain quality coverage but with appropriate parameters of offerings and cost sharing. Where most of our citizens receive managed care products and co-pays of $15-$25, local governments still offer outdated and expensive indemnity plans or managed care products with $5 co- pays. To make modifications to our health insurance programs we face the task of obtaining the near impossible to reach levels of buy-in across our employees groups. In nearly every community across the Commonwealth the explosion of the costs associated with health insurance outstrips the tax growth allowed under Proposition 2½. Unfortunately, the legislation that has been filed for all of the state's municipalities has made little progress on Beacon Hill. This failure comes in spite of widespread support for change by cities and towns, business groups, taxpayer organizations and editorial pages of the state's largest newspapers. While efforts to re-file statewide legislation move forward, and planning occurs for a 2012 ballot question, the City of Lowell has taken the additional step of filing a home rule petition that will enable the City to act on behalf of its taxpayers in instituting plan design changes or join the Massachusetts Group Insurance Commission plan. I have attached a copy of the Lowell petition for your review. I urge each community to file a similar home rule petition in order to obtain this needed authority. At a minimum these acts will retain the momentum that has been gained over the last several months and bring further attention and aid to this important issue. Thank you in advance for your support. I look forward to working with you on this effort. Sincerely Bernard F. Lynch City Manager Attachments ===PAGE 13=== Home Rule Petition - Voted on by Lowell City Council on July 13, 2010 AN ACT AUTHORIZING THE CITY OF LOWELL Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION I Notwithstanding the provisions of chapter 32B and chapter 150E of the General Laws or the general laws. SECION 2 Further, the City of Lowell is also authorized to alter current and future plan design features, and that such action not be subject to collective bargaining as defined in chapter 150E of the general laws. SECTION 3 Further, the City of Lowell is also authorized, but not mandated to participate in, and/or join the Group Insurance Commission ("GIC") pursuant to G.L. c 32A, and such action shall not be subject to collective bargaining as defined in chapter 150E of the general laws. SECTION 4 The provisions of this act shall not affect obligation under any collective bargaining agreements), while such agreements are in effect. SECTION 5 This action shall take effect upon its passage. ===PAGE 14=== UNA-USA UNITED NATIONS ASSOCIATION OF GREATER BOSTON 44-46 Temple Place + Boston, MA 02111 • Tel: 617-482-4587 + Fax: 617-482-0937 + Email: info@unagb.org • www.unagb.org OFFICERS Richard S. Golob, President Arese Carrington, Vice President William J. Febbo, Vice President Janice G. Hunt, Treasurer Alma G. Morrison, Clerk DIRECTORS Valerie C. Epps Tally S. Forbes Camie Ford Pamela Frank Lena Granberg Kari Heistad Gillian S. Kellogg Leonard Kopelman Joseph A. Milano Jane E. O'Brien Ajmal M. Qureshi Crocker Snow, Jr. Mark B. Stein Daniel S. Sullivan ADVISORY COUNCIL Clark C. Abt Sheldon W. Bennett Lincoln P. Bloomfield Amb. Walter Carrington Bernard Chiu John J. Cullinane Nader F. Darehshori Hon. Michael S. Dukakis Molly M. Ettenborough Dan H. Fenn Lawrence S. Finkelstein John M. Forbes Sherwood L. Gorbach H. Field Haviland Alan K. Henrikson Arnold S. Hiatt Amb. Swanee Hunt Ian Johnstone Mary Eliza Kimball Amb. Jonathan Moore Daniel G. Partan Kenneth R. Rossano Hakan Satiroglu Peter H. Smith David F. Squire Charles R. Stith Agnes Van Langenhove-Capiau Michael W. Voligny Bennie L. Walker Cheryl L. Walsh Hon. William F. Weld James Woodard August 9, 2010 RECEIVED AUG 1 0 25:0 Town Hall P.O. Box 135 17 Main Street Lunenberg, MA 01462 To: Board of Selectmen, Town of Lunenberg, SELECTMEN'S OFFICE October 24, 2010 marks the 65th anniversary of the United Nations. Since 1947, every US President beginning with Harry Truman has issued a proclamation asking citizens to observe this special occasion. This year's celebration focuses on the topic "Engaging America in the Millennium Development Goals". We hope you will recognize October 24, 2010 as United Nations Day and ask other interested individuals, groups or schools in your community to participate in UN Day. To mark the day, we encourage you to: • Issue a proclamation for display at the Massachusetts State House on October 28 - Sample enclosed (for electronic version, email info@unagb.org) - Please mail the proclamation to UNA-GB - Notify local newspapers so they can publish the proclamation on UN Day • Fly the United Nations Flag • Encourage educators to conduct Model UN simulations • Encourage libraries to show displays on the United Nations We also invite you to attend the UN Day celebration at the State House in Boston, on Thursday, October 28, 2010 from 12:00-2:00 p.m. The program is free and open to the public and will include a reading of the Governor's UN Day Proclamation, a keynote address and musical entertainment. UNA-GB will be pleased to provide any additional assisiancé to you or other interested community leaders in planning a local UN Day celebration. For ideas about how your town can commemorate UN Day, or for further information please contact Lena Granberg at 617-482-4587. We look forward to receiving your proclamation and wish you a most successful UN Day 2010! Sincerely, Richard Golob President ===PAGE 15=== SAMPLE UNITED NATIONS DAY PROCLAMATION 2010: ENGAGING AMERICANS IN ACHIEVING THE MILLENNIUM DEVELOPMENT GOALS Whereas, the United Nations was founded in 1945, and the anniversary of the day on which the UN Charter came into force is observed each year on October 24; and Whereas, the United Nations promotes peace and security, development and human rights around the world, and is vital now more than ever; and Whereas, in September 2000, all United Nations member states, including the United States, agreed upon eight Millennium Development Goals to meet the needs of the world's poorest; and Whereas, the Millennium Development Goais provide a common development strategy for the international community, allowing for improved coordination, coherence, and effectiveness at all levels; and Whereas, the Goals address universal issues from poverty and access to education to improving healthcare and environmental sustainability and enjoy unprecedented political support because they are specific and measurable, with a deadline and indicators for monitoring progress attached to each goal; and Whereas, The United States has a long tradition of leading international efforts to improve health, education and economic growth in developing countries; and Whereas, the United States has shown its commitment to the Millennium Development Goals through foreign assistance, progressive trade initiatives, and debt relief measures; and Whereas, the United Nations Association of the United States of America (UNA-USA), in cooperation with other organizations, has declared "Engaging America in the Millennium Development Goals" as its theme for the 2010 United Nations Day commemorations; Whereas, the citizens of should participate in all activities related to UN Day; NOW, THEREFORE, I _officially proclaim October 24, 2010 as UNITED NATIONS DAY In witness whereof, I have set my hand and caused the seal of affixed on this _ in the year 2010. _to be Seal Signature ======================================================================================== DOCUMENT : 2010-09-07-agenda-4750.txt BOARD : select-board DATE : 2010-09-07 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2010-09-07-agenda-4750.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09072010-4750 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN September 7, 2010 7:00 PM – 2ND FLOOR TOWN HALL JOSEPH F. BILOTTA MEETING ROOM AGENDA PUBLIC COMMENT ANNOUNCEMENTS 1. Leominster Credit Union donation to Chester Mossman Teen Center APPOINTMENTS 1. One Day Beer & Wine License for St. Boniface Church 2. Colonial Power Group- Municipal Aggregation Feasibility Study 3. Green Energy Task Force- Grant Proposal CURRENT BUSINESS 1. Determine date for Fall Town Meeting 2. Minutes/ Warrants/ Action File Issues 3. Committee Updates 4. Department Updates 5. Town Manager Updates OLD BUSINESS 1. Memorandum of Understanding with Emerald Place LLC 2. United Nations Day Proclamation- signature required 3. Mid-Managers Contract- signature required COMMITTEE APPOINTMENTS-RE-APPOINTMENTS-RESIGNATIONS 1. Personnel Committee Resignation- Dawn Ciccotti EXECUTIVE SESSION 1. MGL Chapter 39, Section 23B [3] to discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government’s bargaining or ligitating position. UPCOMING MEETING SCHEDULE: September 14, 2010 September 21, 2010 ======================================================================================== DOCUMENT : 2010-09-07-minutes-4750.txt BOARD : select-board DATE : 2010-09-07 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2010-09-07-minutes-4750.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09072010-4750 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== 1,14 BOARD OF SELECTMEN MEETING MINUTES 9/7/10 The Board of Selectmen met in the Town Hall, Joseph F. Bilotta Meeting Room as scheduled with Steven M. deBettencourt, Emie Sund, Tom Alonzo, Dave Matthews and Town Manager Kerry Speidel present, Paula Bertram absent. Meeting opened at 7:00 P.M. with the Pledge of Allegiance PUBLIC COMMENT Tom mentioned that this Saturday on the anniversary of 9/11 will be the dedication of the Kevin Szocik Memoral Gate @ 3:00 PM. in memory of Kevin Szocik who lost his life in the Twin Towers bombing. Board requested an agenda item to discuss the November 2nd ballot questions as Tom has some resolutions that he would like discussed by the board. Ernie will attend the Eagle Scout award ceremony for Boy Scout Troup #1728 on September 19t. ANNOUNCEMENTS 1. Leominster Credit Union donation to Chester Mossman Teen Center - Mike Sauvageau of 191 Elmwood Road was present to introduce representatives from Leominster Credit Union, Julio Grego, Chairman of the Board of Directors, Butch Bilotta, member of the Board of Directors, Sue Martino, Fundraising Committee Chair for the Teen Center and Michelle Belleza, Director of the Teen Center. Gordon Edmonds, Chief Executive Officer of Leominster Credit Union presented the check of $5,000.00 to the Teen Center. Funds will be used to implement the bowling program at the center. Tom expressed appreciation to all those involved with the Teen Center and for the generous donation from the credit union. Steve echoed Tom's appreciation. APPOINTMENTS 1. One Day Beer & Wine License for St. Boniface Church - Steve explained that this is for the church's Annual Italian Festival, Ernie motion to approve, Tom seconded, voted unanimously. 2. Colonial Power Group - Municipal Aggregation Feasibility Study - Kerry referred to the board's meeting of July where Brian Murphy presented on behalf of Colonial Power Group. Brian reviewed the attached information from the Municipal Aggregation Feasibility Study. Recognized Unitil for all their assistance that they provided to Colonial in their development of the proposal. Identified the gateways that need to be addressed in order for the town to move forward. Reviewed the Executive Summary with the board in an effort to update the public on this process. In order to achieve municipal aggregation there are statutory requirements that the town must go through and this is part of the implementation process. Ernie questioned what effect this may have with net metering on the other alternatives for power supply i.e.; solar panels etc. and per Brian this shouldn't effect a program like that at all. Kerry informed the board that Unitil and other electric company's go out to bid for their supply twice a year and according to the utility provider they are regulated to go out to bid and it's her understanding that we would be allowed more flexibility as such, she has asked for this information. Per Brian, rather than simply accepting the rate that is passed on to consumers, a municipality can afford itself of the procurement process and take advantage at the more opportune time, to be always present in the market. With the authority to aggregate power you can design how you purchase depending upon the market. We want to deliver the same level of competiton that the larger users are afforded and as a municipality we will be able to accomplish this. Kerry informed the board that for a number of the municipal buildings for natural gas supply we've been doing this for short term, 1 to 2 years and have been able see substantial savings. Brian also explained the "opt out" option for the consumer and this would be available to them at any time, it's not required that people participate in this program. The call to action is to authorize the Town Manager to release a RFP for consulting purposes to develop the plan that can be reviewed by the board. Article would have to be accepted by Town Meeting (Appendix A). Consultant is paid based upon a per kilowatt hour charge. Tom move to authorize the Town Manager to proceed with issuing an RFP for aggregation services, Ernie seconded, voted unanimously to approve. 3. Green Energy Task Force - Grant Proposal - Steve Marsden, Chair of the Green Energy Task Force informed the board that he met last week with Kerry on the grant proposal for a PPA, Power Provider Agreement. The benefits are significant tax breaks from the federal government and tax credits. The power generated through the installation of solar panels at the landfill for electric generation services would be sold back to Unitil. Will be no cost to the town as this is placed solely on the Power Provider, the town would be ===PAGE 2=== furnishing the site at the landfill and this will afford the town the opportunity to save further. Expects that the town should be able to put a 1 megawatt facility at the landfill. The power at the Middle School is a different situation as this is applicable to the school and not the town. If we can get the RFP out before the end of the year, we should be able to begin construction sometime next year. Dave asked for clarification on the landfill site and whether this will be on just the landfill proper or onto the conservation land. Per Steve M. would just be located on the landfill, we're not losing anything as this land "brownfield" cannot be used for any other purpose. This would also stop the degredation of the landfill cap as the land will be protected, fenced and cameras installed. Per Kerry a one-megawatt plant would require 7 to 10 acres, which is available at the landfill. If the town were to move forward, generally power companies are looking for a 20 year lease, which would require town meeting approval. Per Steve the installation is on top of the landill and not dug into the landill, it's a stable installation. The Selectmen could grant them a 20 year permission so that it wouldn't have to be a twenty year lease. Steve questioned how long do we have to jump on this, any expected changes through the legislation. Per Steve M., the risk is all on the power companies and would be no cost to the town. Does have a cost of living escalation where the rate has historically gone up one to two percent per year. Also helps with peak demand charges having those energy credits available would offset the peak demand charges. Board concurred that this is something that we should pursue and commended the Green Community Task Force for their efforts. Steve M., will be meeting with Unitil and the DPU next week and will continue moving forward and keep pursuing to bring an RFP to the board. Kerry has spoken with officials at the Town of Concord Power and Light and has a copy of their documents which we could utilize and the RFP could be written so that if any town meeting action is requred this could be written into the RFP. Tom motion to move forward with a proposal as discussed with the Green Community Task Force, Ernie seconded, voted unanimously to approve. CURRENT BUSINESS 1. Determining date for Fall Town Meeting - Kerry informed the board that we've developed a timeline for different dates in November rather than December. Will place on agenda for next week with a list of proposed items as she has sent an email out to department heads inquiring of any potential articles. Steve questioned if free cash has been certified and per Kerry this has not been done as of yet and she will be having a discussion with the Town Accountant on this issue. 2. Minutes - Board of Selectmen regular and executive session for 8/24/10 reviewed and signed. Warrants - Water Commission #1st Qtr. 2011, 9/7/10 - $617.80 reviewed and signed. Action File Issues - none 3. Committee Updates - • Tom Finance Committee met and reorganized a couple of weeks ago, kept the same slate of officers. Discussed what they looked forward to for this budget season. • Steve has been going to the Sewer Commission meetings, basically they've been going through the process of re-educating the new members. They did have a presentation at the last meeting on GIS and discussion on how this could benefit the department. 4. Department Updates - none 5. Manager Updates - • Underground tanks at the old Primary School; received notice back from inspectional contractor that no contamination was found. Expect that the grant application will be re-submitted sometime this fall, will check with Jon Juhl > Women's Group in town under the leadership of Bea Adams and have named themselves the Ritter's Critters and will be upkeeping the grounds (weeding etc.) at the Ritter Memorial Building. Expressed appreciation to Bea and the "critters". OLD BUSINESS 1. Memorandum of Understanding with Emerald Place LLC - Kerry presented the attached revised copy of the MOU that was received today. Clarification on items #2, the three year period has been clarified to include language "as determined by the Planning Board ..." and on second page reference to parcel D; have furnished a copy of the plan which specifically identifies "parcel D" on Exhibit B. She has spoken with Chair Bertram who informed her that she had no problem with the presentation. Steve's concern is the reduction in road width at the Leominster/Lunenburg town line as his concern is that the roadway gets under the 26 foot width. Per Tom it's exactly the same. Dave would like to request some signage directing to "parcel D". Question was asked about parcel D being designated as a parking area and whether it has to meet certain specifications as a parking area. ===PAGE 3=== Tom move to approve the MOU of September 7, 2010, Dave seconded, voted unanimously to approve. Signed by members present and Town Manager. 2. United Nations Day Proclamation - Steve read the following proclamation into the record: ENGAGING AMERICANS IN ACHIEVING THE MILLENNIUM DEVELOPMENT GOALS Whereas, the United Nations was founded in 1945, and the anniversary of the day on which the UN Charter came into force is observed each year on October 24; and Whereas, the United Nations promotes peace and security, development and human rights around the world, and is vital now more than ever; and Whereas, in September 2000, all United Nations member states, including the United States, agreed upon eight Millennium Development Goals to meet the needs of the world's poorest; and Whereas, the Millennium Development Goals provide a common development strategy for the international community, allowing for improved coordination, coherence, and effectiveness at all levels; and Whereas, the Goals address universal issues from poverty and access to education to improving healthcare and environmental sustainability and enjoy unprecedented political support because they are specific and measurable, with a deadline and indicators for monitoring progress attached to each goal; and Whereas, The United States has a long tradition of leading international efforts to improve health, education and economic growth in developing countries; and Whereas, the United States has shown its commitment to the Millennium Development Goals through foreign assistance, progressive trade initiatives, and debt relief measures; and Whereas, the United Nations Association of the United States of America (UNA-USA), in cooperation with other organizations, has declared "Engaging America in the Millennium Development Goals" sits theme for the 2010 United Nations Day commemorations; Whereas, the citizens of Lunenburg should participate in all activities related to UN Day; NOW, THEREFORE, I Paula Bertram, Chairman of the Board of Selectmen, officially proclaim October 24, 2010 as UNITED NATIONS DAY In witness whereof, I have set my hand and caused the seal of the TOWN OF LUNENBURG to be affixed on this 70 day of September in the year 2010. PAULA BERTRAM, CHAIRMAN, BOARD OF SELECTMEN 3. Mid-managers Contract - signature required - Kerry provided three copies of the DPW Middle Managers contract, this is the actual contract document that was updated by the union and thoroughly reviewed. It was approved at town meeting and the Memorandum of Agreement. Signed by board. COMMITTEE APPOINTMENTS/REAPPOINTMENTS/RESIGNATIONS 1. Personnel Committee Resignation - Dawn Ciccotti - Kerry informed the board of the resignation of Dawn Cicotti from the Personnel Committee as she has recently accepted employment outside of Massachusetts. Noted that Dawn has been a great resource to the committee, and will be sorely missed as she is an HR professional in private industry. Board accepted and expressed appreciation to all the work that Dawn has put in. EXECUTIVE SESSION 1. 1. M.G.L. Chapter 39, §23B(3) to discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government's bargaining or litigation position UPCOMING MEETING SCHEDULE September 14, 2010 September 21, 2010 Being no further business board voted unanimously to adjourn Regular Session at 8:25 P.M. to enter into Executive Session not to return to regular session. Respectfully submitted, Laura Williams, Chief Administrative Assistant Board of Selectmen ===PAGE 4=== Municipal Aggregation for Lunenburg 1. Executive Summary STUDY CONTEXT AND OBJECTIVES As a result of meetings and discussions between Lunenburg Town Officials and Colonial Power Group, Inc. (CPG), CPG pledged to deliver a comprehensive study of the feasibility of implementing a Municipal Aggregation program for the electricity needs of Lunenburg consumers. The study's objective is to determine if and how a Municipal Aggregation program can be designed, implemented, and administered in the Town of Lunenburg. Municipal Aggregation is the pooling of consumers in a municipality to become a buying group. The municipality then seeks out power supply offers on behalf of its consumers. In order for a municipality to aggregate, a series of requirements must be met that are delineated in MGL Ch. 164 § 134. These include consultation with the Department of Energy Resources (DOER), proper education and notification of the ratepayers, and submission of the aggregation plan to the Department of Public Utilities (DPU) for final approval. LUNENBURG'S ELECTRICITY SUPPLY TODAY Lunenburg's 4640 ratepayers used approximately 55,000,000 kWh of electricity between July 2009 and June 2010. Only 2% of these ratepayers. received power from competitive suppliers. Only 1 was a resident, who used 10,751 KWh. This represents .031% of the overall use and .020% of residential use. Clearly, the residential user has not yet benefited from the 1997 restructuring of the electricity industry. In addition, the price for energy has outpaced normal inflation patterns. Twelve years ago the residential price per kilowatt-hour of electricity was 2.8 cents: It peaked at almost 13 cents after during the summer of 2008 and is currently approximately 8 cents. EXAMPLES OF MUNICIPAL AGGREGATION To date in Massachusetts, there are two aggregations: the Cape Light Compact, and the City of Marlborough. Each has achieved several implementation and operational successes. Both aggregations have learned valuable lessons, and both are functioning well. Both the Cape Light Compact and the City of Marlborough have chosen aggregation as a method of controlling costs, delivering rate stability, and jump-starting competition in the residential marketplace. Each has encountered triumphs and challenges in the implementation and administration of the aggregation plans. However, each is operational, successful, and ongoing. Colonial Power Group, Inc. (2010) 3 ===PAGE 5=== Municipal Aggregation for Lunenburg MASSACHUSETTS RETAIL CHOICE DEVELOPMENTS AND KEY OBSERVATIONS FOR LUNENBURG Lunenburg's geographic location within the ISO-New England's wholesale market will help to ensure fair pricing for Lunenburg because it lies outside the usual congestion zones of Northeast and Southeast Massachusetts. Massachusetts was one of the first states to embrace deregulation and Municipal Aggregation in the late 1990s. However, the actual development of competitive retail markets is still a work in progress. The vast majority of the competitive market activity has been targeted to large commercial and industrial customers, with very low participation by residential and other smaller customers. OPTIONS A deep and abiding commitment by the Town of Lunenburg may lead to a fully operational aggregation program in as little as six months. By sourcing the design, implementation, and administration to a consulting firm, such as Colonial Power Group, the Town can avoid using tax dollars to fund the program. The Town, instead of Unitil, will exercise local control over the terms and pricing of the city's power supply. This action will help residents and small businesses enjoy the same benefits of a restructured marketplace that big business has enjoyed for years. It will further help bring electric supply competition to Massachusetts. CONCLUSION Municipal Aggregation currently offers the only viable way for residents and small businesses to take advantage of the benefits of a restructured marketplace. The Town of Lunenburg has a unique opportunity to continue the process of aggregation to deliver the benefits of local control, consumer choice, and rate stability to its citizens. The Town of Lunenburg should continue the process in earnest, with all deliberate speed, so that residents and business-owners may enjoy these benefits as soon as possible. Colonial Power Group, Inc. (2010) 4 ===PAGE 6=== Emerald Place Development Company, LLC Lexington Office Park 430 Bedford Street, Suite 195 Lexington, MA 02420 Telephone: 781-860-0031 Facsimile: 781-861-0065 September 7, 2010 Town of Lunenburg 100 Massachusetts Avenue Lunenburg, MA 01462 Attention: Town Manager Kerry Speidel Dear Ms. Spiedel: This Memorandum of Understanding is intended to memorialize an agreement between Emerald Place Development Company LIC ("Emerald Place") and the Town of Lunenburg in connection with the development known as Emerald Place at Lake Whalom. It grows out of our recent meeting with the Board of Selectmen ("BOS") relating to improvements on Lakefront Avenue, which were proposed by Emerald Place. 1. There was a discussion about the proposed improvements along Lakefront Avenue with a focus on (a) traffic and public safety, (b) the desire for added walking area and green space, and (c) the need for adequate parking for the lakefront area. Based on input from the BOS, Emerald Place agreed to modify its proposed improvements to include the already proposed increased green space and sidewalk improvements, and to also increase the parking count from the proposed 14 parallel parking spaces to instead provide for 30 lined spaces on Lakefront Avenue for head on vehicle parking. All parties agreed in principle to the improvement and Emerald Place agreed to take responsibility to make the improvements to the roadway. 2. Future maintenance of the improved roadway was discussed. After a full discussion of the issue, Emerald Place agreed to maintain the new green space along the expanded sidewalk system of Lakefront Avenue for three (3) years after completion of the roadway improvements, as determined by the Planning Board in consultation with David Ross Associates, the Town's Review Engineer. Trash collection and roadway maintenance will be the responsibility of the Town after the roadway work is completed, as they are today. ===PAGE 7=== 3. Emerald Place agreed to make its parcel on the other side of Whalom Road (known as Parcel D and depicted on Exhibit B attached hereto) available for overflow parking 4. Emerald Place and the BOS recognize that there has been a dispute between the Town and the prior developers, Global Property Developers Corporation ("Global"') about legal ownership of Lakefront Avenue. In order to resolve that dispute amicably, Emerald Place agreed to execute a Quitclaim deed to transfer any ownership interest in the roadway and between the roadway and the shoreline (as depicted on Exhibit A attached hereto) to the Town after the completion of the roadway improvements. It is the hope of Emerald Place to begin construction on Lakefront Avenue at the earliest opportunity in September 2010. Please execute this document on behalf of the BOS at your earliest opportunity, so that construction may begin. Thank you for your consideration. If you have any questions, please let me know at your earliest opportunity. Very truly yours, •C. Came Gary C. Crossen Emerald Place Development Company LLO Agreed to: Paula Bertram, Chairman Board of Selectmen Steven M. deBettencourt, Vice-Chairman Ernie Sund, Clerk Thomas A. Alonzo, Member David J. Matthews, Member Kerry Speidel Lunenburg Town Manager Date Date Date Date Date Date ===PAGE 8=== ENUE - 40' WIDE PARCEL CONVEYED TO TOWN OF LUNENBURG, BOOK 574 PAGE 36 TRAFFIE aCEL ISLAND PA 129,68 103.82' N1461823E R60.60.00° 78 4109.78 OF LUNENBURG PAGE 36 LE 185.479 тори BOOK 2=702.98 /=103-12'-00" R=102.98° GATE BOOK EEENGRARCEL A (PART OF PARCEL I) EN UNDERGROUND DRAIN LINE MAY ENCROACH ON PARCEL A SIGN POST CONC. PAD PAVEMENT N/F LINDA 1 & SCOTT E. NORTON #439 WHALOM ROAD BOOK 1918 PAGE 32 PRAIN CHAMY GIG. FENCE IN 40-F0 DISTRICT LOUD STREET - UNIMPROVED OLOFt PAVEMENT POINT OF PAVEMENT BEGINNING PARCEL D PRIVATE - 40' WIDE N/F PATRICIA ANNE ALLAIN-MARTIN & IAN GLYNN MARTIN HHALOM ROAD POLE ·63/43 В 3076 РА 279 S 28-31'-38" E 122.44' ACCESS PUBLI PAVEMENT PARCEL N 46'-16'-22" E CHIMNEY GUYS N/F JGJ, INC. #357 ELECTRIC AVENUE 50.00° 61'-28'-22" FOUND RON PIPE <17, 384- BOOK 5802 PAGE 147 40.00' SQ. FT. 385.21' N 28-31-38" W BOOK 1 100.00' 61-28-22" E PAGE WHALOM ROAD VOICE. OH#S 46°-16'-22" W. 142.36' ROLLER SKATING RINK CHIMNEY PA VEMENT 033 357 GRAVEL /= 05 POLE 162/4 286.35 R=10.00° L518 36". 40° WDE N/F LISETTE M. PVHT. DUFRESNE pIPE 110.11' #419 WHALOM ROAD IRON BOOK 3488 PAGE 108 10,55 POLE ei N 28'-31-38" W 69.82' GATE PAVEMENT PAVED AREA APPEARS TO ABUTTERS • - UNIMPROVED 5 28-31-38 FAVEMENT 102.69' Т121.99 )) BE USED FOR ACCESS BY •POLE 76141. REFER TO ALTA.ACSM LAND TITLÊ SURVEY PLANS * IL N 28-31-38" W ¡ PARCEL E Xs. 1 FOR CALLAHAN FINANCE, _LLC BY WHITMAN & BINGHAM ASSOCIATES, LLC, PLAN NUMBER 30-D-15 DATED JANUARY 10, 2007. M. O.U. SCALE: FIGURE NO: ATTACHMENT "B" 1"-60° PARCEL D REFERENCE: 30-0-15 (ALTA) WHITMAN & BINGHAM WHALOM ROAD AS SO C IATE S DATE: "В" REGISTERED ENGINEERS & LAND SURVEYORS 8-25-10 SXO MECHANIC STREET EMERALD PLACE TEL. 10 THi 531-506 FAL 1920)292-1423 AT LAKE WHALOM лОВ NO: LUNENBURG, MA 01462 8787 ===PAGE 9=== LAKE WHALOM COMMONHEALTH OF MASSACHUSETTS GREAT POND ELEV. = 512.3* RESIDENCE A HAALOM OVERLAY DISTRICT EIST. CHAIN LINK FENCE TO PAIRED /REPLACED 1 PROP. 6 SPACES BOOK BEGUNCE SEE RETAINING WALL I COMMONHEAL, OF HASS CI LAKE FRONT A VENUE 100' BUTTER REFER TO DEFINITIVE SITE DEVELOPMENT PLANS FOR "EMERALD PLACE AT LAKE WHALOM" BY DATED JULY 19, 2010, REVISED AUGUST 12, 2010. LAI COMMONHE BECAUSE MINE RONO 823 PAGE OMMONWEALT TOWN OF LU РОЖНІЗ P0913A PC8I2A POT: A367 - CHURi LAK LENCE M.O.U. SCALE: ATTACHMENT "A" 1=50' LAKEFRONT AVENUE 30-0-15 _ REFERENCE: WHITMAN® BINGHAM LANDSCAPE ASSOCIATES IMPROVEMENTS DATE: KEGISTERED ENGINERS & LANTSURVEVORS 5E9 SECRACE X1R2ZI EMERALD PLACE 8-25-10 AT LAKE WHALOM JOB NO: LUNENBURG, MA 01462 8787 FIGURE NO: "А" ======================================================================================== DOCUMENT : 2010-09-14-agenda-4732.txt BOARD : select-board DATE : 2010-09-14 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2010-09-14-agenda-4732.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09142010-4732 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2010-09-14-minutes-4732.txt BOARD : select-board DATE : 2010-09-14 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2010-09-14-minutes-4732.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09142010-4732 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== -14 Sam) BOARD OF SELECTMEN MEETING MINUTES 9/14/10 The Board of Selectmen met in the Town Hall, Joseph F. Bilotta Meeting Room as scheduled with Paula Bertram, Steven M. deBettencourt, Ernie Sund, Tom Alonzo, Dave Matthews and Town Manager Kerry Speidel present. Meeting opened at 7:02 P.M. with the Pledge of Allegiance PUBLIC COMMENT Dave expressed appreciation to the Boy Scouts on their 9-11 ceremony, noted that it was both educational and a reminder for everyone. Also noted the dedication of Kevin's Gate, it's a beautiful addition to the field area a memorable event. Senior Class had their electronics recycling drive, expressed appreciation to all for their participation. Ernie also acknowledged the ceremony and Kevin's Gate as this is a beautiful addition to the community. Tom noted that that whole area is such a wonderful athletic complex. Rebecca Lantry, member of Historical Commission clarification on the Jones House and comments within the Sentinel as it was reported sold for $10,000 which is a total misnomer, this property will be put out to bid and it is a requirement within the bid that this property will retain its historical significance. She is very concerned that in the timetable we set forth; and noted the maintenance that is necessary to prevent any further damage to this historic property. Kerry informed her that we haven't released the RFP and we were going to take the recommendations from the Historical Commission. Dave noted that Town Meeting needs to approve the sale of that property. Kerry had our facilities director investigate necessary repairs and has a cost estimate of $1200 to make a repair to the porch roof where it ties into the house. Tenant had agreed to make that repair last year, which wasn't done and we were not notified of this until a conversation was had with a member of the board, noted that this particular repair is taking place. ANNOUNCEMENTS 1. State Reps candidate's debate hosted by the Lunenburg Civic Forum, on Monday Sept 27M@7:00 pm, Town Hall. Cultural Council is also seeking funding opportunities, receipt of applications is open until October 15t for cultural events in Lunenburg, email Pete McCarron at WWW.mass.culture.org/mcc/public or call. Poles are open tonight until 8:00 PM Yard Waste Days, October 16' to November 20th at closed Landfill, Youngs Road. Saturday October 23d, Recycle Your Reusables event at Ayer High School. APPOINTMENTS 1. One Day Beer & Wine License for Library's Oktoberfest Event - Carolyn Sabol, and Jean Cooke Friends of the Library, for a beer and wine tasting to raise funds for the endowment fund for the Library on October 23d from 7:00 - 9:00 PM. Elena's will be participating as well, cost will be $20 per person ahead of time and $25 at the door. There are about 20 local artists who have designed serving trays and these will be auctioned off as part of the event. Ernie move to approve the one day license, Tom seconded voted unanimously. 2. Trish Domigan, P.E., VHB Engineerng (Summer Street Project) - To date all of Trish's services have been donated, free of charge and we are at a point where the board needs to determine whether we'll be contributing towards the design. Trish has been working with Jack Rodriquenz and Kerry for over a year now and the town has applied for DOT Construction which the project was approved. At this point funding for design services is currently not available. 6.3 Million dollar construction cost per the estimates. They have met as well with the Cities of Fitchburg and Leominster for their visions. Reviewed the attached plan. City of Fitchburg has requested a median, which will also be considered for Lunenburg, as well as the installation of sidewalks on the residential side of the roadway. Trish commented on the drastic land use from residential to industrial to retail and could demark the areas by installing "Gateways" such as Welcome to Lunenburg on one side, Welcome to Fitchburg on the other with landscaping Paula questioned what the costs would be for the design and Trish referred to the attached proposal which was based upon the construction cost estimate. She would recommend looking at what an alternative proposal would cost and then moving ahead. Discussed stormwater treatment and what are the ideas. The recommendation would be curbing with a defined gutter along the roadway, with a completely closed drainage system that would drain into some type of retention before draining into Baker Brook. The cost for this is calculated into the proposal, the detention cost is the excavating in itself and the landscape design. As we are reducing the pavement, which is an impervious service and could actually collect the drain off within the grassed areas, the logical area for a detention would be near Baker Brook. Permit for this would be going to the local Conservation Commission and they are working with DEP on infiltration measures and various options. ===PAGE 2=== Inasmuch as we have major developments going in down this section of town, Ernie questioned whether they've looked at traffic signalization. This will be investigated as part of the whole traffic analysis. Tom questioned what we need to do so that we can time this with the neighboring communities and their willingness to move forward as well. Per Trish, would need to vote to move ahead to secure this project any further, as far as support from neighboring communities, met with Mayor of Fitchburg and she is in favor. The design could be phased in so that you could fund over a number of years and not all at once. Tom noted that at a price tag of 6.3 million dollars, there is no way without funding opportunities that this will move forward. We need to look forward to fixing this road and need to get this started. Altematives analysis would take all the existing data, traffic counts, land use and information from town on whether a two lane roadway, linear park on one side, many options that could develop if they wanted to. VHB could provide models to see which option fits best for the town. Cost is included in the proposal, but it would be taking this component out and doing this separately. Memorandum of Understanding is Trish's recommendation in moving forward between the three communities. Steve's concern is about the costs to Lunenburg with the split as the bulk of the share is in Lunenburg. The $460K seems like we're taking the lion's share and noted that we're down hill from Leominster. Per Trish the cost was based upon how much construction was in each town, the linear foot in each community and the construction costs. Trish also met with MRPC to discuss the TIP for this region and this project is very substantial for their target and would want to put it in a TIP where there are funding opportunities, also may be another round of stimulus funding. MRPC Tip is for five years and from a needs perspective this project ranks 6 out of 24 but even though, this project is dependant upon project readiness. Kerry believes we have a unique opportunity to fund some of this, as you know we've received funds for the Tri Town project and her recommendation would be to use some of these funds as they will be the area most impacted. Paula concurred that using these funds is appropriate expenditure and would support placing this on town meeting warrant to move forward. Board concurred and stressed the need to get an agreement in place between the communities. 3. Mark Mitsch, Weston & Sampson, Lake Shirley EAP& O&M Manual - Operations Mtc. and draft operations plan were provided electronically. Provided the update for the EAP which was originally written by Dubois & King. Most of the updates are simply making sure that we have the right contact notifications, phone numbers etc. Flood inundation map is still appropriate and is perfectly fine. Advice is to take ownership of the document, the right people must be responsible for the dam and understand what is within this document. Three items that we need input on and will be coming from the Town of Shirley, Fire Chief, Dennis Levesque as the flook inundation area is all within the Town of Shirley. Also, need local evacuation procedures from Shirley and information related to their portion of the emergency notification checklist. All the evacuation procedures are completely out of Lunenburg's hands. Paula's biggest issue with the emergency action plan has been the absence of this information and here we are three years later and still waiting for that information. Per Mark, their scope of work was to update the plan for Lunenburg, which is what they did, reveiwed the document in its entirety and specific things that have been done, and this is why he encourages the town to take ownership of the plan. Paula would like to understand what the scope of services were as she is still seeing a huge hole, the lack of information from the Town of Shirley. Mark stated the you don't want to pay a consultant to go online to get a listing of the abutters. What you've paid for was the review and updating the information which we've done. Now have a complete listing of the equipment that is available. Paula noted that she still sees a big hole on the equipment list as the only items listed are from the Lunenburg Water District and when she had done a report for the Hickory Hills Lake Association and she was able to get this information from the DPW, the Fire Department and Emergency Services. Per Mark with the incorporation of the missing data within the document meets the state requirements and you don't want to pay consultant services to obtain this information. As the plan has not been finalized, no inspections have been conducted as of yet. We were assured that Dennis was working on getting this information to us. Kerry questioned is it fair to expect the Shirley Fire Chief to put this information together or should we just put this together and per Mark, it should be in collaboration with the Shirley Fire Chief. Paula expected more would have been done as this is really a reprint of the Dubois & King report. Acknowledged that they have done the operations maintenance plan and other than that, don't see any other changes that were done and wants to go back to the Scope of Services to review what was done. Would have expected that at least at a minimum there would have been a letter requesting this information as we are attempting to gather this information. Tom would like to think that there is something in the state that we can go back on and per Paula there is nothing in the regulations only that the owners of the dam are required to include a list of property owners downstream and we have a responsibility to at least put this request in writing. Emie would like to see who is the responsible department for this, is it the DPW or the Board of Selectmen. Questioned who the dam keepers report to and who are they dealing with, noted that this should be on the document. Also, section 5 and 5.6 of the Operations Maintenance Plan. Believe that this falls into place with the Emergency Action Plan and this should be included so that we meet the obligation of notifying the Emergency personnel. Per Mark under the monitoring section we could refer to the Emergency Action Plan. ===PAGE 3=== Kerry pointed out that as the EAP was not fumished electronically, she was not expecting to have this level of discussion here tonight as not all members have seen the EAP, she will forward to board members. Mark discussed the Emergency Maintenance Plan and the process of dropping the water level and the time frames associated with draw downs. Steve noted that we also notify the Shirley Conservation Commission which is a requirement of the Order of Conditions. Mark stated that this language is within the document and added visual references, guidelines to go by. Paula questioned if these actions are being done and per Mark to date this information is being done and is kept within the gatehouse. Paula would like to see as owners that we are able to keep this information and would like to see under section 5.6 "maintain all records". Section 5 maintenance plan and where we are with maintenance and the recommendations made in the plan. We need to have an inhouse discussion as maintenance is an ongoing situation with regards to the crackling and spawling within the dam. It makes sense to clean off the broken concrete and patch, don't want to see the metal exposed and begin to rust. Tom would recommend that the Order of Conditions be incorporated into the Operations and Maintenance Plan. Dave noted the repairs that need to be done, specifically we need to identify these costs and address so that we're not talking about this in three years. Many of the issues need to be addressed in house. Kerry and Jack have heard loud and clear and there are maintenance funds within the budget and this will be addressed this year. As far as trees on private property; they need to go, need to check on whether an easement exists with these property owners. CURRENT BUSINESS 1. Community Wish List - Dawn Proctor and Dawn Johnson have suggested putting together a wish list on projects that departments would like to have done. One example is painting bleachers for the Park Department, would like to get the input from the board so that we can get this out to the departments. Ernie suggested a garden taken care of and maybe in return we can acknowledge who has been taken on some projects with small sponsor signs. Paula noted that she personally is not opposed, but recalled that a number of years ago this was extremely controversial. Tom motion to approve forwarding requests to departments, passed unanimously. 2. Minutes - None Warrants - #13 11, 9/8/10 - $123,685.33, #6P 11, 9/16/10 - $620,201.73 and #12 11, 9/7/10 -$180,180.35 reviewed and signed Action File Issues - None 3. Committee Updates - • Dave attended regionalization committee meeting last night and the Superintendent's presented proposed budgets. The final anaylisis is there would be more spending on the Lunenburg side, noted legacy costs and that this is the first draft, interesting beginning to the process. Confirmed that the numbers that Loxi has been using have been working directly with the Town Manager. Per Kerry that question has been asked and is difficult to answer as yes, there is some reduction in workload but we still have to have positions to support the remaining organizations; we still need payroll, accounts payable etc. Won't think that all those funds necessarily go to the regionalization. There have been many conversations on this and most of the information has been taken right off of the Schedule 19 which is an annual report to the State. No decision as of yet as to when it will come to a vote. > Questioned the status of the Computer Advisory Committee and per Kerry the Technology Director has been running ragged • and almost all of her time has been utilized in addressing school related issues. Dave noted that the intent with appointing more computer oriented volunteers would assist her in lightening the workload. • Dave questioned the "new" fire vehicle and noted that it used to be a policy in town that we didn't add to the fleet and per Kerry it is not a new vehicle, it is an old cruiser that was transferred down. Dave's concen is that adding to the fleet is causes increases in maintenance and it seems that we're undermining items upstream. He would like an update as once we go down that road we're going to have to start building more buildings. • Steve noted that the DPW Building Committee has finalized the RFP for design services and a pre-bid conference is sheduled for September 20'@4:30 PM. Paula noted that the committee was only appointed about a month ago and they have really moved ahead with this. • Paula Planning Board update on subsidizing housing inventory currently at 3.66 and will be meeting September 20t t, which will be a workshop to address the goals for Master Planning. Will be looking at the zoning of the community as well as the • Tom questioned Number 2 on the ballot and how this would effect the Eagle Heights Project, would like to get some input from Mr. Juhl. Kerry spoke with the Townsend Town Administrator and was informed about friendly 40B's, this is something that perhaps Mr. Juhl could pursue the approval process as it comes before the Board of Selectmen. Could also look at an overlay district which Paula noted that this was discussed at the Planning Board last night and whether it would be allowed as an overlay district. ===PAGE 4=== • Tom had the first conference cali on the Mass Broadband and they are designing the area that is designated as unserved or underserved. Noted that we were told that this was going to run down 2A and the map that he had was showing them going down Leominster Road. They will be reviewing to ensure that the maps they have are correct or not and will be analyzing the poles and the whole infrastructure. Slated to be done by 2013; and will be connecting municipal buildings, residential and businesses. North Central and Western Massachusetts have not been addressed and the goal is 95% of the residential population will be within ½ mile for access to broadband. Ernie attended PACC meeting last night and reviewed Article 12 of the General bylaws; noted that it would behoove us to change some of the language in the bylaw as it is very specific of the meeting time and date, which restricts the committee from having meetings at any other town office, such as town hall. Few other items; term limits with one year hiatus, wanted to look at changing that as it's difficult to get volunteers. Also, there is nothing in Article 12 about expenditure of funds and who is responsible, who authorizes. There is no mention on how this may proceed. They are looking forward to hiring a coordinator soon and this would facilitate the increase in programming. Desire to utilize the old Board of Health offices and Building Inspector's office (Town Hall) for space for the coordinator. Paula spoke with the Town Manager about possible options as the Town Hall areas have been determined to house town departments and as such the Town Manager is going to be investigating other options. 4. Department Updates - None 5. Manager Updates - • Recently went out to bid for salt; mentioned previously that the cost of salt has increased 25%, last year the bid $64.12 per ton and this year we received bids for $48.56 per ton. We're working with the Shrewsbury consortium and the reason we purchase so much in the beginning of the year is because there were years where salt was scarce and we have an area to store the material. OLD BUSINESS 1. Ch.44, S3B Budget Transfer, FY2010 (correction) - End of Fiscal Year Town Accountant brought to you the adjustments for FY10 and this was omitted, Tom motion to approve, voted unanimously. 2. Schedule Special Town Meeting - Per attached scenario and potential articles Kerry's preference would be 11/16/10. As Steve voiced concern on whether we would have free cash certified in time, he motioned to set town meeting for November 30, approved unanimously. 3. Town Manager's Annual Goals - remove investigate regionalizing services with other towns where applicable under goal #2 and provide organizational chart of all departments (exc.school) w/job descriptions & salary qualifications under goal #4. COMMITTEE APPOINTMENTS/REAPPOINTMENTS/RESIGNATIONS EXECUTIVE SESSION UPCOMING MEETING SCHEDULE September 21, October 5, October 12 and October 19. Being no further business board voted unanimously to adjourn Regular Session at 10.24 P.M. Respectfully submitted, Laura Williams, Chief Administrative Assistant Board of Selectmen ===PAGE 5=== TENTATIVE DATE: Advertise per Charter Section 2-7(c) Warrant open Warrant closed @ CAFO/Selectmen/Finance Committee/ Town Counsel review Articles. FinCom, Board of Selectmen submit recommendations on Articles. Selectmen set sequence of Articles. Warrants Printed Five Copies of Warrant for Selectmen's signatures. Once signed, forward to Town Clerk for posting Must be posted at least 14 days before meeting (no later than 11/17/09) Warrants Posted and Mailed to Residents No later than: Prepare Motion Sheet (week of) Town Meeting SPECIAL TOWN MEETING Tuesday - 7:00 P.M. LUNENBURG HIGH SCHOOL AUDITORIUM (auditorium is currently available on all these dates) SCHEDULE SCENARIO'S 11/9/10 9/24/10 11/16/10 10/1/10 can be opened anytime from da scheduled 10/ 4/10 10/11/10 week of / through Thurs 1075/1024074510 week of / through Mon Thurs 10/12/10 - 10/21/10 10/12/10 - 10/15/10 1.0/22 - 10/29 10/15 - 10/22 10/19/10 10/26/10 (not usual Bos mtg) 10/19/10- 10/25/10, 0/31/10 11/ 9/10 11/1/10 11/7/10 11/16/10 1: laura PROJECTS ST November 2010 Schedule doc 11/30/10 10/ 8/10 10/18/10 week of / through Mon Thurs 10/18/10 - 11/ 4/10 11/5 - 11/12 11/ 9/10 11/15/10 11/21/10 11/30/10 ===PAGE 6=== Summer Street Transportation Improvements Leominster, Lunenburg, Fitchburg, Massachusetts Define Curb Cuts and Driveway widths nstall Granite Curbing Improve Intersection Geometry at Youngs Road Install Trees Along Roadway Edge CUNENBUESE Reconstruct Pavement Maintain Existing Width Reduce curb, cuts ands Driveway Withs and. Install Granite Curb and Bike Lanes FITCHBURG, Corridor Length: 8,565 Feet, Improve Intersection Geometry at Whalom Road: Upgrade Antiquated Drainage System * throughout Corridor. * Reduce 602 Pavement Width: Reconstruct Pavement Construct Center Turn Lane Sidewalks and Bike Lanes Create Gatewayto Commercial/Industrial Area moroveti Intersection Geometry at Graham Streeti VHE Vanasse Hangen Brustlin, Inc. • 20 Rehabilitation CP/Overla in Existine W PROJECT LIMIT ======================================================================================== DOCUMENT : 2010-09-21-agenda-4733.txt BOARD : select-board DATE : 2010-09-21 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2010-09-21-agenda-4733.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09212010-4733 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2010-09-21-minutes-4733.txt BOARD : select-board DATE : 2010-09-21 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2010-09-21-minutes-4733.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09212010-4733 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MEETING MINUTES 9/21/10 779x The Board of Selectmen met in the Town Hall, Joseph F. Bilotta Meeting Room as scheduled with Paula Bertram, Steven M deBettencourt, Tom Alonzo, Dave Matthews and Town Manager Kerry Speidel present, Ernie Sund absent. Meeting opened at 7:00 P.M. with the Pledge of Allegiance PUBLIC COMMENT Tom noted the Candidate's debate is scheduled for next Monday, September 270 @ 7:00 PM, Town Hall ANNOUNCEMENTS 1. Public Forum on CDBG Grant Application for Eagle House Parking Lot Project, October 5, 2010 @ 6:00 PM - Scheduled to be at Town Hall and outside of the Board of Selectmen meeting RECEIVED & FILED 2. Yard Waste Days - Yard Waste Days, October 16' to November 20th at closed Landfill, Youngs Road Also, Saturday October 23r, Recycle Your Reusables event at Ayer High School. NOV 15:2010 APPOINTMENTS LUNENBURG TOWN CLERK OFFICE CURRENT BUSINESS 1. Assent to Transfer Proctor Trust - Per Kerry, T.D. Bank North is requesting that the Board of Selectmen consent to the transfer of the Trust from TD Bank North to the Community Foundation of North Central Massachusetts. Funds from this trust will continue to be available to Lunenburg students, it's just changing the manner that the Trust is managed. School Superintendant, School Committee and High School Principal have all received consent forms. Noted that this is clearly defined for the benefit of Lunenburg students. Tom move to sign the document for the boards approval over to the Community Foundation, Steve seconded, voted unanimously and signed. 2. Dates to Open and Close Special Town Meeting Warrant - Dave motion to open the warrant for the November 30% Special Town Meeting tonight, Steve seconded, voted unanimously. Board will discuss the articles and recommendations for the October 19' Board of Selectmen meeting. Tom move to close the warrant at 5:00 PM on October 18, 2010, Steve seconded, voted unanimously. 3. State Ballot Questions - Kerry provided the attached information from the Secretary of State's Office and MMA's websites on the ballot questions, which presents the facts on what the financial impacts would be. Paula reviewed the questions and impacts on the reduction in revenues, these impacts could be astronomical to the Town of Lunenburg. Dave would be in tavor of question #1. Tom would like to see a vote of this board as to what the impact to the town would be and would agree with Dave on question #1 as this is double taxing alcohol sales. Steve concurred as he wouldn't have voted for it and believes that this will pass substantially. As all three of these ballot questions affect the town the board voted unanimously to recommend a "yes" vote on Question #1. Question #2, Paula believes that a town should have the ability to charter its own course and would personally vote to repeal this law. Dave concurred as maintaining the housing stock in a small community is difficult. Noted that there are a number of affordable homes in town that are not counted towards our quota and would detinitely support repealing this decision. Tom there should be some legislation that allows for affordable housing unfortunately, 40B doesn't address major issues that towns have. Suburban communities have tried to amend 40B and was not recognized the inclusion of mobile homes, but DHCD instituted new regulations last year that only furthered their power. They're not taking into consideration the local housing needs and needs to be repealed and replaced and built up with more of a concensus of the town's as to how this would operate. Would be for the repeal of 40B. We've tried to change the things that were not working and if this is not repealed the legislature will never make any changes, the legislature will realize that this needs to be rebuilt from the ground up again. Steve has seen in our community one 40B that has worked and one that hasn't. It's Boston lawmakers making laws for Boston, doesn't fit out here. Acknowledged that there should be something for communities out here but is all for repealing as right now it's all up to the developers. Board voted unanimously to repeal Question #2. Question #3, Dave's concern is that going to 3% is too far and cannot support, different if it were to go back to 5%. Paula concurred as a reduction to this extent would cripple the town. Tom and Steve also concurred and voted unanimously for a "no" vote on Question #3. 4. Minutes/Warrants/Action File Issues - No minutes, Warrants: #14 11, 9/22/10 - $241,130.93, #15 11, 9/22/10 - $568,905.48 and #6M 11, 9/23/10 - $2,020.85 reviewed and signed ===PAGE 2=== Action file - Tom commented that the televised meetings are for the benefit of the townspeople and too often he is finding out about things behind the scenes and would prefer these issues be brought to the meeting. Dave/questioned when we will be coming back to the issue on the Lake Shirley Dam. Kerry will have to make CD's of the plan to disperse as they were too large to send electronically. She has spoken with the Shirley Fire Chief and he will be bringing his information to the Shirley Board of Selectmen before it's made public and would expect that this information will be provided within the next month. Paula noted that she still wants to identify an evacuation protocol as to how they are going to contact their (Shirley). Dave it's up to us to let them know that there's a problem, need to note that there is a divide here and need to let them (Shiriey) have their process. Kerry clarified that the one issue that the Chief (Shirley Fire) has is the release of the names and addresses of the property owners and the Shirley Fire Chief wants clarification from the Town of Shirley Selectmen. Paula would like to see the invoice from Weston & Sampson before it's placed on the warrant for payment. Noted that it's important to include the schematics on the dam within the EAP document. One of the holes that she still sees on the EAP is the equipment that's owned by the Water District and knows that Chief Glenny has a listing of equipment that the town has as this was included in the Hickory Hills EAP and the same should hold true for the Town of Shirley. 5. Committee Updates - • Paula attended the Planning Board meeting last evening; they are discussing the Master Plan and changes that will need to be addressed and impacts to the town. Distributed a lot of information to members of the board and information will be posted to the website. Next workshop on Master Planning will be on October 18th and will delve more into the specific sections. Will also be addressing the current zoning in town, particularly the current industrial / commercial area along Leominster Shirley Road. Looking at the town as a whole to see what makes sense and the population with the recent developments in town and how to maintain the rural areas of the town. Chair (Planning Board) also discussed the Open Space Plan as this is a component under the law that is required, the question is who exactly is responsible for this portion, the Planning Board or the Conservation Commission. Discussion was also about instituting an Economic Development Committee to entice businesses be it through a streamlined permitting process. • Steve DPW Building Committee met yesterday with potential firms on the building project and is still progressing on date. The Sewer Commission has had Weston & Sampson in and are still working through the process. Still have some issues on the charges for their rates and how they are assessed based upon the increases from the rates from the communities with the IMAS (Fitchburg & Leominster). Want to keep them at par with each other. 6. Department Updates - None 7. Town Manager Updates - • Kerry attended the prebid conference for the DPW Addition RFP and spoke with some of the bidders and the engineers were asked on the side about the budget projection and the feed back was that the budget was very reasonable for this type of facility. The engineers that were there were also very complementary to the work that has been done and will be beneficial to the vendor that is finally decided upon and the message was received by the proposers loud and clear that we have the concept, we only need final design. » Press Release on Citizens Advisory on the number of break in's in Lunenburg. The Police Department has investigated 14 house breaks since September 1st, Suggestion is to lock homes and vehicles at all times, to photograph expensive items in homes and keep a listing of their property. » Lakefront Road is currently closed from the roundabout to Scooters, we have been running this information on the cable scroll. All establishments remain open however can only be accessed from the Leominster side. Open to emergency vehicles and anticipate will be closed until Wednesday, September 29th. • Summer Street, no funding set aside yet for design. Received information from MassWorks Infrastructure Program as this may be an opportunity for the Town of Lunenburg to support economic development i.e., PWED Grants, Small Town Rural Assistance Program. As we have the 40R development and the state seems to be very impressed, perhaps we could get the state a bit more interested to maybe come up with funding for design as this is in the same general area of the Tri-Town project. Trish Domigan contacted Victoria McQuire, Executive Office of Communities and Development and is attempting to get a meeting together within the next couple of weeks. Dave noted that the 40B proposed project is also in that area of town. > Kerry has received some questions on the IT Department and we've made quite a bit of progress. Currently we have an IT Director that handles network issues for the town and the school. The school currently has a vacant positon for a data management and school accounting position and right now they are currently advertising for a combined position. Noted that there was also a technician that worked part time for the school who has recently gone back to school and as such the IT Director has been handling these functions. On the Town's side our technician has been out for a number of weeks due to a serious health condition in the family and as such, Kerry met with the IT Director to go over the outstanding issues with this department. We may have to bring in someone on a temporary basis to cover the town's technology issues. Paula's concer was that when we went with a Network Administrator and by combining the positions we're still going have a need to address our issues and ensure that we have enough resources to address all of those. Kerry noted that right now the big drain is ===PAGE 3=== because of the number of devices and the hours of use is demanding. The school has advertised for three part time technicians to cover their needs. Need to wait and see how this goes, hope to be able to maintain this model, but we need to keep it staffed and positions cannot remain vacant. Currently the demand seems to be on desktop support technicians and this is what the school department is advertising for right now. > Website Committee met and evaluated three different proposals and have unfortunately not been able to have enough time with our IT Director. We want to ensure that the current technology that we're using is compatible with what the proposals utilize. OLD BUSINESS 1. Request for Proposals - Power Provider Company - Kerry provided a sample proposal that the Town of Concord has recently used and yesterday it was made clear to her that given the legislation as it stands Unitil or any electric utility is only required to purchase 1%. In the wind energy bill; there is a cap from 1% to 2%. Representative Benson will be meeting with legislatures on the cap and she felt that if there were no opposition she could take that out and act on that rather quickly. Before she undertakes this project she would like to at least know that there is someone who would be interested in purchasing this energy. Would recommend at this point in time that we hold off until we hear from Representative Benson on whether this will move forward through the Legislature. Also needs to verify that there would be no issue with putting this on the landfill. Item will be placed on the agenda for the first meeting of October for an update. 2. 10 Year Budget Retrospective - Kerry noted that member Alonzo has requested this, but would like to be sure that the board has a consensus of what they would like to see. Tom would like to see something in actual dollars, adjusted dollars (by inflation) by department, staff levels and basically charting it out, where have the departments tracked in dollars and employees. Kerry noted that the 5 year look back that she did previously could be used to include with the five years forward and will do out for 10 years back and five years forward, to also include population and service levels. Will include changes in equipment and how we process, i.e. technology. COMMITTEE APPOINTMENTS/REAPPOINTMENTS/RESIGNATIONS 1. Appointments: Kiirja Paananen & Caroline Griffis to Cultural Council - Present was Caroline Griffis and Peter McCarron, Chair of Lunenburg Cultural Council. Peter informed the board that Kiirja was not able to attend the board meeting as she attends class. Caroline informed the board that she's lived in Lunenburg nearly all of her life, comes from a corporate environment and she would like to change her career path to something more local. Tom move to appoint, Steve seconded, voted unanimously. Tom spoke of Kirja and she has been before this board before as she is a member of the Town Forest Committee and would give her a recommendation. Tom motion to approve appointing Kiirja, Steve seconded, voted unanimously. 2. Resignations: Kenneth Jones from Conservation Commission - Board accepted Ken Jones resignation with regrets, letter to be sent expressing board's appreciation. Paula noted that there is currently an associate member on the Conservation Commission and as was not placed on tonight's agenda will be placed on the next agenda. EXECUTIVE SESSION 1. M.G.L. Chapter 39, §23B(3) to discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government's bargaining or litigation position. Also to conduct strategy sessions in preparation for negotiations with non-union personnel; to actually conduct collective bargaining and contract negotiations with non-union personnel. UPCOMING MEETING SCHEDULE October 5th October 12' October 19th Being no further business board voted unanimously to adjourn Regular Session at 8:28 P.M. and opened Executive Session by roll call vote; Steve aye, Tom aye, Paula aye, and Dave aye, at this time for the purpose of discussing contract deliberations when having in open session would be detrimental to the town's negotiating strategies, MGL Chapter 39, §23B (3). Chairman announced that the Board would not be returning to Regular Session. Respectfully submitted, Laura Williams, Chief Administrative Assistant Board of Selectmen ===PAGE 4=== Elections: 2010 Statewide Ballot Question 1 Page 1 of l Elections Division William Francis Galvin, Secretary of the Commonwealth Home | Search | Index | Feedback | Contact Related pages: WHERE DO I VOTE? My Election Information How to Register to Vote Massachusetts Office of Campaign and Political Finance •Back to: Elections Division Home Secretary of the Commonwealth Home QUESTION 1: Law Proposed by Initiative Petition Sales Tax on Alcoholic Beverages Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 4, 2010? SUMMARY This proposed law would remove the Massachusetts sales tax on alcoholic beverages and alcohol, where the sale of such beverages and alcohol or their importation into the state is already subject to a separate excise tax under state law. The proposed law would take effect on January 1, 2011. A YES VOTE would remove the state sales tax on alcoholic beverages and alcohol where their sale or importation into the state is subject to an excise tax under state law. A NO VOTE would make no change in the state sales tax on alcoholic beverages and alcohol. Home | Search | Index | Feedback | Contact | Back to Elections Division Home | Top of Page http://www.sec.state.ma.us/ele/elepip10/pip101.htm 9/20/2010 ===PAGE 5=== Elections: 2010 Statewide Ballot Question 2 Page 1 of 2 Elections Division William Francis Galvin, Secretary of the Commonwealth Home | Search | Index | Feedback | Contact. Refated pages: QUESTION 2: Law Proposed by Initiative Petition WHERE DO I VOTE? My Election Information Comprehensive Permits for Low- or Moderate- Income Housing How to Register to Vote Massachusetts Office of Campaign and Political Finance Do you approve of a law summarized below, on which no vote was taken by the Senate . or the House of Representatives before May 4, 2010? SUMMARY Back to: Elections Division Home Secrétary of the Commonwealth Home This proposed law would repeal an existing state law that allows a qualified organization wishing to build government-subsidized housing that includes low- or moderate-income units to apply for a single comprehensive permit from a city or town's zoning board of appeals (ZBA), instead of separate permits from each local agency or official having jurisdiction over any aspect of the proposed housing. The repeal would take effect on January 1, 2011, but would not stop or otherwise affect any proposed housing that had already received both a comprehensive permit and a building permit for at least one unit. Under the existing law, the ZBA holds a public hearing on the application and considers the recommendations of local agencies and officials. The ZBA may grant a comprehensive permit that may include conditions or requirements concerning the height, site plan, size, shape, or building materials of the housing. Persons aggrieved by the ZBA's decision to grant a permit may appeal it to a court. If the ZBA denies the permit or grants it with conditions or requirements that make the housing uneconomic to build or to operate, the applicant may appeal to the state Housing Appeals Committee (HAC). After a hearing, if the HAC rules that the ZBA's denial of a comprehensive permit was unreasonable and not consistent with local needs, the HAC orders the ZBA to issue the permit. If the HAC rules that the ZBA's decision issuing a comprehensive permit with conditions or requirements made the housing uneconomic to build or operate and was not consistent with local needs, the HAC orders the ZBA to modify or remove any such condition or requirement so as to make the proposal no longer uneconomic. The HAC cannot order the ZBA to issue any permit that would allow the housing to fall below minimum safety standards or site plan requirements. If the HAC rules that the ZBA's action was consistent with local needs, the HAC must uphold it even if it made the housing uneconomic. The HAC's decision is subject to review in the courts. A condition or requirement makes housing "urieconomic" if it would prevent a public agency or non-profit organization from building or operating the housing except at a financial loss, or it would prevent a limited dividend organization from building or operating the housing without a reasonable return on its investment. A ZBA's decision is "conșistent with local needs" if it applies requirements that are http://www.sec.state.ma.us/ele/elepip10/pip102.htm 9/20/2010 ===PAGE 6=== Elections: 2010 Statewide Ballot Question 2 Page 2 of 2 reasonable in view of the regional need for low- and moderate-income housing and the number of low-income persons in the city or town, as well as the need to protect health . and safety, promote better site and building design, and preserve open space, if those requirements are applied as equally as possible to both subsidized and unsubsidized housing. Requirements are considered "consistent with local needs" if more than 10% of the city or town's housing units are low- or moderate-income units or if such units are on sites making up at least 1.5% of the total private land zoned for residential, commercial, or industrial use in the city or town. Requirements are also considered "consistent with local needs" if the application would result, in any one calendar year, in beginning construction of low- or moderate-income housing on sites making up more than 0.3% of the total private land zoned for residential; commercial, or industria! use in the city or town, or on ten acres, whichever is larger. The proposed law states that if any of its parts were declared invalid, the other parts would stay in effect. A YES VOTE would repeal the state law allowing the issuance of a single comprehensive permit to build housing that includes low- or moderate-income units. A NO VOTE would make no change in the state law allowing issuance of such a comprehensive permit. Home | Search | Index | Feedback | Contact | Back to Elections Division Home | Top of Page http://www.sec.state.ma.us/ele/elepip10/pip102.htm 9/20/2010 ===PAGE 7=== Elections: 2010. Statewide Ballot Question 3 Page 1 of l Elections Division William Francis Galvin, Secretary of the Commonwealth Home | Search | Index | Feedback | Cantact Relaied pages: WHERE DO I VOTE? My Election Information How to Register to Vote Massachusetts Office of Campaign and Political Finance Back to: Elections Division Home Secretary of the Commonwealth Home QUESTION 3: Law Proposed by Initiative Petition Sales and Use Tax Rates Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 4, 2010? SUMMARY This proposed law would reduce the state sales and use tax rates (which were 6.25% as of September 2009) to 3% as of January 1, 2011. It would make the same reduction in the rate used to determine the amount to be deposited with the state Commissioner of Revenue by non-resident building contractors as security for the payment of sales and use tax on tangible personal property used in carrying out their contracts. The proposed law provides that if the 3% rates would not produce enough revenues to satisfy any lawful pledge of sales and use tax revenues in connection with any bond, note, or other contractual obligation, then the rates would instead be reduced to the lowest level allowed by law. The proposed law would not affect the collection of moneys due the Commonwealth for sales, storage, use or other consumption of tangible personal property or services occurring before January 1, 2011. The proposed law states that if any of its parts were declared invalid, the other parts would stay in effect. A YES VOTE would reduce the state sales and use tax rates to 3%. A NO VOTE would make no change in the state sales and use tax rates. Home | Search | index | Feedback | Contact | Back to Elections Division Home | Top of Page http://www.sec.state.ma.us/ele/elepip10/pip103.htm 9/20/2010 ===PAGE 8=== Ballot questions could affect FY11 local aid Page 1 of 2 Ballot questions could affect FY11 local aid LaL PRINT September 01, 2010 Two of the three binding questions headed to the Nov. 2 state election ballot would significantly reduce state tax revenues, beginning this year, making another round of deep cuts in municipal and school aid programs likely. Question 3 would réduce the state's sales tax rate from 6.25 percent to 3 percent effective on Jan. 1, 2011.. The sales tax is forecast to bring in about $4.8 billion this year under the current rate, accounting for about a quarter, of all state tax collections. Question 3 would reduce collections by about $1 billion below the amount used to balance the state's fiscal 2011 budget. Over a full year, Question 3 would reduce sales tax collections by more than $2:5 billion. Questign 1 meanwhile, would eliminate the sales tax on beer, wine and other alcoholic beverages, a change that would reduce tax collections by about $110 million over a full year. The change would also take effect on Jan, 1, 2011. Questions 1, and 3 come at a challenging time for state and local finances in Massachusetts. State tax collections for fiscal 2011, under the current forecast, are still lower than any year since fiscal 2007. The state budget, including deep municipal aid cuts, is balanced using one-fime and temporary revenues that, for the most part, will not be available for fiscal 2012. While the governor and legislative leaders have not announced plans for a response to possible voter approval.of. one or both of these questions, the MMA is developing planning scenarios to help cities and towns figure out what the impact of mid-year aid cuts could be on municipal and school budgets later. this year and in fiscal 2012. In 2008, voters by a wide margin rejected a ballot question that would have, abolished the state's personal income tax The other 2010 ballot question, Question 2, would repeal Chapter 40B; the state law that allows property developers and builders to skirt certain local zoning and land use regulations if a portion of the housing units are subsidized and restricted to ensure reduced sales and resale prices. All three questions originated as initiative petitions in 2009. Supporters gathered the necessary signatures (at least 66,593) in the fall of 2009, and an additional 11,099 signatures last summer to reach the ballot this November. For more information about the ballot questions, visit the secretary of state's website http://www.mma.org/local-aid-and-finance/4919-ballot-questions-could-affect-fy11-local-.. 9/20/2010 ======================================================================================== DOCUMENT : 2010-10-05-agenda-4734.txt BOARD : select-board DATE : 2010-10-05 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2010-10-05-agenda-4734.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10052010-4734 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Meeting Notice October 5, 2010 6:30 PM – 2ND FLOOR TOWN HALL JOSEPH F. BILOTTA MEETING ROOM AGENDA EXECUTIVE SESSION @ 6:30 PM 1. MGL Chapter 39, Section 23B [2] to conduct strategy sessions in preparation for negotiations with non-union personnel or to conduct collective bargaining sessions or contract negotiations with non-union personnel. PUBLIC COMMENT ANNOUNCEMENTS APPOINTMENTS CURRENT BUSINESS 1. Determine date for Classification Hearing 2. Declaration / Surplus Property, 42 Main Street (MGL Chapter 30B, §16) 3. Minutes/ Warrants/ Action File Issues 4. Committee Updates 5. Department Updates 6. Town Manager Updates OLD BUSINESS 1. Update on Meals Tax 2. Update on Wind Energy Bill / Landfill 3. RFP Power Provider Company COMMITTEE APPOINTMENTS-RE-APPOINTMENTS-RESIGNATIONS 1. Appointments: Conservation Commission, Sharon Jordan Associate Building Inspector, James M. Maillet UPCOMING MEETING SCHEDULE: October 12, 2010 October 19, 2010 ===PAGE 2=== ======================================================================================== DOCUMENT : 2010-10-05-minutes-4734.txt BOARD : select-board DATE : 2010-10-05 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2010-10-05-minutes-4734.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10052010-4734 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MEETING MINUTES 10/5/10 The Board of Selectmen met in the Town Hall, Joseph F. Bilotta Meeting Room as scheduled with Paula Bertram, Steven M. deBettencourt, Ernie Sund, Tom Alonzo and Dave Matthews present, Town Manager Kerry Speidel absent. Meeting opened at 6:32 P.M. Recessed Regular Session at 6:32 P.M. and opened Executive Session by roll call vote; Steve aye, Tom aye, Paula aye, Ernie aye and Dave aye, at this time for the purpose of discussing contract deliberations when having in open session would be detrimental to the town's negotiating strategies, MGL Chapter 39, §23B (2). Chairman announced that the Board will return to Regular Session. Reconvened @ 7: 02 PM, with the Pledge of Allegiance EXECUTIVE SESSION 1. M.G.L. Chapter 39, §23B(2) - to conduct strategy sessions in preparation for negotiations with non-union personnel or to conduct collective bargaining sessions or contract negotiations with non-union personnel. PUBLIC COMMENT Tom expressed appreciation to the Lunenburg PTO for the excellent job that they did with the Annual Town Fair this past weekend. Ernie reiterated Mr. Alonzo's thoughts and on a somber note wanted to recognize the recent passing of Judy Holden, who was a prior employee with the Board of Assessor's. Tom referred to the Massachusetts voting ballot that several weeks ago this board took up discussions on the questions and noted that the-board voted yes on #1 & 2 and no on question #3, as it was apparently was erroneously reported in the Lunenburg. Ledger. ANNOUNCEMENTS APPOINTMENTS CURRENT BUSINESS 1. Determine Date for Classification Hearing - scheduled for November 16" at 7:15 P.M. 2. Declaration / Surplus Property, 42 Main Street (MGL Chapter 30B, §16) - Paula read the following motion to declare the property identified as 42 Main St. and recorded with Worcester Northern District Registry of Deeds in Book 488, Page 10 containing .35+ acres as surplus property and available for disposition in accordance with MGL Chapter 30B on such terms and conditions and for such monetary consideration as the Board of Selectmen deems to be in the best interest of the Town. Dave so moved, voted unanimously. 3. Minutes - None. Warrants - #18 11, 10/5/10 - $512,235.08 reviewed and signed Action File Issues - Steve mentioned the Holman Street bridge and would like an update on the status of the culvert and what is expected to happen, would like to be placed on next week's agenda. Board would like to have discussion for town meeting articles placed on a future agenda. CDBG Block Grant - Senior Center parking lot Board would like to have this on for discussion on next week's agenda. 4. Committee Updates - • Steve; DPW Building Committee will be interviewing 5 architects on Thursday and Friday at the Ritter. 5. Department Updates - 6. Manager Updates - Kerry is questioning if Thursday November 4th will work for the presentation of the 10-Year Budget Retrospective and 5-Year Financial Forecast. Board will check their calendars for availability as the intent is to have this televised and invite all Departments and Boards/ Committees. OLD BUSINESS 1. Update on Meals Tax - Town Manager provided the following information for the board. Beginning January 1, 2010, the Town of Lunenburg began imposing an additional 0.75% Meals Tax. The Department of Revenue estimated that this additional tax would bring in about $60,000 per year. As this was a new revenue source, it was not used in estimating available revenues for FY2011. To date, this revenue source has resulted in $36,523. Although the collections over the first few months were low, Kerry believes the . reason was most likely due to the change in rate, rather than reflective of regular monthly collections. Based upon what we ve seen to date, this revenue source should bring in close to the DOR's estimate annually. Please see the Treasurer-Collector's report below for additional information. ===PAGE 2=== TOWN OF LUNENBURG Treasurer & Tax Collector Local Options Meals Tax Date Received Period Covered 03/29/10 December 2009 to February 2010 06/28/10 March 2010 to May 2010 Fiscal Year 2010 receipts subtotal 07/29/10 09/28/10 June 2010 July 2010 to August 2010 Fiscal Year 2011 receipts subtotal Amount 3,472.32 14,697.81 18,170.13 5,900.84 Average Month 1,736.16 4,899.27 5,900.84 12,451.90 6,225.95 18,352,74 2,345.28 5,675.35 monthly average, over 8 months monthly average, over 6 months Grand Total Inception-to-Date 36,522.87 68,104.24 estimated annual revenue Dave noted that he did not support this and always felt that this was a sidestep to which Paula agreed completely and also noted that she didn't support this tax initiative. Per Tom the meeting that this was adopted at didn't get the attention that it should have and this board voted 4 to 1 against this and would like to see an article placed on the spring warrant to rescind this. Dave motion to approve, seconded voted unanimously to approve. 2. Update on Wind Energy Bill / Landfill - The RFP for a Solar Farm (Landfill) is still on hold. As Kerry mentioned to the BOS at the last meeting, the increase in the cap from 1% renewable to 2% renewable was pulled out of the original Wind Energy Bill and put into the Supplemental Budget Bill, which is being held up in the House. The Wind Energy Bill is also held up. Until this cap is increased, there is no opportunity for Lunenburg to sell green energy to Unitil. Unfortunately don't believe we'll be able to act on this in order to meet the deadline. 3. RFP Power Provider Company - The RFP for the Municipal Aggregation Consultant has been advertised in the Goods & Services Bulletin, on the website and posted through the Town Clerk's Office. Proposals are due October 18th. COMMITTEE APPOINTMENTS/REAPPOINTMENTS/RESIGNATIONS 1. Appointments: Conservation Commission, Sharon Jordan - Robert Verge, Chair of the Conservation Commission was present to recommend the appointment of Sharon to the Commission as a full member as she is currently serving as an Associate member. Board voted unanimously to appoint Sharon Jordan as a full member. Associate Building Inspector, James M. Maillet - Laura informed the board that due to a clerical error this should be for an appointment as Assistant Building Inspector and not "Associate". Board received a letter from Building Inspector, Michael Sauvageau recommending the re-appointment of Mr. Maillet. Board voted unanimously to approve the appointment of James M. Maillet as Assistant Building Inspector. UPCOMING MEETING SCHEDULE October 12, 2010 October 19, 2010 Being no further business board voted unanimously to adjourn Regular Session at 7:30 P.M. Respectiully submitted, Laura Williams, Chief Administrative Assistant Board of Selectmen ======================================================================================== DOCUMENT : 2010-10-12-agenda-4735.txt BOARD : select-board DATE : 2010-10-12 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2010-10-12-agenda-4735.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10122010-4735 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Meeting Notice October 12, 2010 7:00 PM – 2ND FLOOR TOWN HALL JOSEPH F. BILOTTA MEETING ROOM AGENDA PUBLIC COMMENT ANNOUNCEMENTS APPOINTMENTS CURRENT BUSINESS 1. Senior Center Parking Lot 2. Pleasantview Ave. Update 3. Overview – Public Procurement 4. State Election Warrant 5. Minutes/ Warrants/ Action File Issues 6. Committee Updates 7. Department Updates 8. Town Manager Updates OLD BUSINESS COMMITTEE APPOINTMENTS-RE-APPOINTMENTS-RESIGNATIONS 1. Appointments: Regional HHW Oversight Committee Representative/Back-up Delegate EXECUTIVE SESSION 1. MGL Chapter 39, Section 23B [2] to conduct strategy sessions in preparation for negotiations with non-union personnel or to conduct collective bargaining sessions or contract negotiations with non-union personnel. UPCOMING MEETING SCHEDULE: October 19, 2010 November 2, 2010 November 4, 2010