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========================================================================================
DOCUMENT : 2010-10-12-minutes-4735.txt
BOARD    : select-board
DATE     : 2010-10-12
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2010-10-12-minutes-4735.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10122010-4735
========================================================================================

===OCR macOS Vision===
===PAGE 1===
BOARD OF SELECTMEN
MEETING MINUTES
10/12/10
The Board of Selectmen met in the Town Hall, Joseph F. Bilotta Meeting Room as scheduled with Paula Bertram, Steven Mi.
deBettencourt, Ernie Sund, Tom Alonzo, Dave Matthews and Town Manager Kerry Speidel present. Meeting opened at 7:00 P.M.
with the Pledge of Allegiance
PUBLIC COMMENT
ANNOUNCEMENTS
1. Yard Waste Days - The Lunenburg Landfill, off of Youngs Road will be open for consecutive Saturdays OCTOBER 16th -
NOVEMBER 20, 2010 8:00 a.m. to 4:00 p.m. Acceptable material: grass clippings, bark mulch, wood chips, leaves, brush (with a
diameter not to exceed 3 inches ... unlimited length). Shrubbery and plantings; with the same restrictions. Any container; bags, boxes,
barrels, trashcans, tarps, flower pots, etc., must be removed and taken by the resident. No household garbage, trash, or rubbish of any
kind will be accepted. No materials within the Landfill area; sand, stone, gravel, etc. are to be given away or sold. Access will be
restricted to the disposal area. Commercial landscapers will not be allowed to dump. OPEN TO LUNENBURG RESIDENTS ONLY.
TRAVEL PERMITTED ONLY ON TOWN EASEMENT. NO TRESPASSING ON TRI-TOWN LANDING CONSTRUCTION SITE. DPW
Director Jack Rodriquenz informed the board that the cardboard container dumpster will be removed as of October 20th from the DPW.
Per Kerry this costs the town $8,000 to have this at DPW and whereas it doesn't cost anything more for cardboard recycling curbside,
we're asking people to leave their cardboard curbside or as an alterative they may utilize the Townsend transfer station which accepts
this as well.
2. October 23rd, Recycle Your Reusables event - 9:00 AM - 1:00 PM located @Ayer High School Parking Lot, 141 Washington
St., Ayer MA.
3. Applications for Housing Rehabilitation - CDBG Grant process - funding can be.... Income eligibility...
APPOINTMENTS
CURRENT BUSINESS
1. Senior Center Parking Lot - Mark McCluskey from Hudson Design and COA Director, Doreen Noble were in attendance and
presented the board with an overview of the plans as to the design phase of the project. Shelly Hatch from MRPC has been working
with the committee in finalizing the documents for submittal to Department of Housing Community Development (DHCD) for a
Community Development Block Grant (CDBG). According to the design there will be an increase of 29 parking spaces which was
changed from the initial proposal due to the ANR Plan (Jones House Lot), the initial plan was redesigned to take this into consideration.
Reviewed the proposed plans that have been before the parking lot committee, which identifies the abutting properties, the changes as
a result of the Jones House parcel and reconfiguring of the parking area and retention pond. Propose to repaved the existing parking
lot and a concrete sidewalk along the back of the building and up to the upper level parking area (existing). Also has final documents
for construction costs and working on the bid document with Shelly Hatch. We're ready submit the plans to the Planning Board within
the next week or two and ready to go out to bid so that we can incorporate this information into the grant application.
Paula questioned the general costs and per Mark initially the costs were coming in in excess of $800,000 with the costs of the removal
of the septic mound being an unknown and this accounted for majority of the costs. Currently at $360,000 which is reasonably
conservative and will depend upon the bidding environment. Doreen informed the board that when we initially looked at the costs and
worked with the Nashoba Board of Health, so the bottom line is we're looking at $360,000 with a 15% contingency. This is not money
that we'll be coming to the Town of Lunenburg looking for, we will be applying to DHCD and this would be a win/win situation as within
that grant we will be utilizing the housing rehab
Paula is still concerned that the $360,000 for 29 parking spaces seems really extreme and would like to understand how this estimate
was determined. Mark is able to provide this information to the board and noted that this estimate does not iclude the design which has
been funded already. The largest expense to the project is the costs of the bituminous as these prices are constantly changing and
would also involve repaving of the existing parking lot.
Per Doreen, Mr. McCluskey has an obligation to present this plan that has all the I's dotted and T's crossed and because of the high
costs we realize the perception, but her recommendation is that at any rate we will be looking at a parking lot regardless of labor or gifts
we will be looking at a project of approximately $200,000 to $300,000.
Tom questioned Doreen as to how far out does she perceive this will last before the program is larger than this building. According to
Doreen we already exceed those numbers as we're using the parking lot above and on street parking. It would help eliminate the need
for people to walk down the street with walkers and canes and provide a safer access. We're running ten or more years behind and
===PAGE 2===
probably should have been done 5 or 10 years ago. Bids would be due around mid to late November and then there could be a
reassessment if the project is to move forward with the grant application through MRPC.
Ernie questioned how long will it be before we don't have enough parking spaces with this addition, will we be out of parking spaces in
two years and per Doreen even if we were to put in the 29 spaces tonight, there wouldn't be enough spaces for the function that they
are holding tomorrow, the Pancake Breakfast. By 2015, there are going to be 851 residents in town that will be turning 60 and the
numbers continue to grow, the senior population is growing and the staff is underfunded, we're beyond right now and urge the board to
give serious consideration as the horse was long out of the gate. Tom questioned if a shuttle service or satelite parking area, a viable
option at a future date and per Doreen this is something that Mark has discussed with her and the DOT has opened up Round 31 for
van applications and she has been discussing this with the state on the option of getting another senior van for this town.
Paula questioned the building capacity and can we meet our needs for any additional expansion that we may need in the future.
Doreen has discussed this with Kerry and other than building up, don't know what the solution would be. Doreen noed that a center
without walls is a progressive approach that she would also like to see occur in the future.
Dave noted that if the building is appropriate now for providing services, realistically we should be looking at this in the future that
should the building capacity not be able to meet the needs, there will be ample parking on the property to enable us to market the
building should the need arise in the future for another use of this building.
Steve questioned if it's appropriate to look at what the town's rate is for bituminous as they are quite favorable and with the different
bidding prices they seem to be coming in lower than what we're used to seeing. Mark will look into this and needs to understand
contractually what the town's agreement is with the vendor. Steve noted that either the town take care of the paving and handled
through the General Contractor. Mark did note that he could check on the current contract and see if this is something that could be
done, but these are the typical pricing utilized by DOT. Kerry will look to see if we're able to purchase an additional quantity from the
contractor. Public hearing on this grant submittal has been scheduled for November 2nd
-In other business, Doreen noted that the Friends of the Eagle house are hosting a Spagetti Super on October 20th as a fundraiser for.
this project and that flu shots are available for the general public from 9:00 to 11:00 AM on the October 20m as well.
2. Pleasantview Ave. Update - Kerry referred back to her presentation at town meeting and had a glimmer of hope with the Whalom
Road LLC development which would encompass the paving and improving the sewer service within that area (Pleasantview Ave.) The
ZBA issued it's decision for the project but unfortunately because of the economy and housing market, the work on Pleasantveiw was
nto scheduled until the final phase of the project. Both Don Bowen and Att. Hill (who has been working with the ZBA on this project)
noted the project timeline is such that this portion is not scheduled to be built out for another 3 to 5 years. The Chair of the ZBA had a
recent conversation with the developer and we're looking at the sewer service not being available for another 3 to 5 years. This still left
the condition of the roadway which has been in deteriorating condition with utilities located right under the service, the road basically
was crumbling and last winter had issues with residents not being able to even drive up to their driveway as the DPW could not keep
up with the paving because of the conditions of that roadway and as such she has had discussions with the Public Safety and DPV
and because that roadway ranked high in the number of roads that were identitied in the pavement management program, we decided
to move ahead with paving understanding that it would be a temporary solution. We were able to work with our paving contractor and
they were able to put this in this past Saturday and because it was such a small project and had to fit to within the paving contractors
schedule it had to be done this past Saturday.
Tom questioned if the top coat that was put on will suffice the road surface until the developer can follow through with that project.
Ernie would like to hear from the DPW Director on how it was determined and would like to understand why this one jumped up a
notch. Per Kerry there were three other roads that ranked higher and in the overall ranking the spread was rather small and noted the
other roadways, Maplewood Parkway, Watt Street and Wilderwood Ave. and asked Jack to address what has changed since this was
put together.
Per Jack the one thing that trumps the management plan is the public safety point and noted that Pleasantview in some places in 100
in some places and is a dead end street with minimal area for turnarounds. Watt street has two means of egress and we can plow and
pave Watt Street much easier than Pleasantview as it is flat. Compromising public safety is and of itself a reason to move that roadway
up a notch.
Steve concurred that the street was in bad shape and had to be addressed and noted that the non-connector roads had to be three
times as bad before it's going to come to the top of the list. Dave noted again that it's a funding issue and not a planning issue.
Sue Burnish 30 Pleasantview Ave. has been a resident of 26 years and there hasn't been anything done to the roadway, happy that we
have a temporary solution, just like when the DEP threatened Leominster to replace the water line and it's always been this way for us
(residents). Just want to know in three years that when they come back, there are going to be familiar faces and the road is again
falling apart and the waterline may have ruptured that you're going to remember this. The quality of our lifes are substandard and that
the quality of her septic system is failing, main point is that someone on the board will remember and that priorities do take all shapes
and forms.
Rita Hamel, 10 Pleasantview noted that Sue has been a spearhead for this and acknowledged Kerry and Jack's assistance and that
you need to understand that we were hoping for representatives from the Sewer Commission and the ZBA as to what would happen
should the development not happen in three years, then what are these committees going to do.
===PAGE 3===
Paula noted that both she and Steve were previously on the board and would encourage the residents to make an appointment with
the Sewer Commission to discuss what needs to be done to develop a Plan B should the development not take place. Also, noted that
this was the first she has heard about the water service being substandard and would like to have more information on this. Jack noted
that during the permitting process with the developer discussions were had with Leominster in replacing this line and acknowledges
that this is not enough and will be more aggressive in speaking and make more of a commitment to these residents and as we move
forward and work as we can with other boards or commissions to assist the residents in getting these projects moved forward.
Sue noted that because of the location of the water line, we're at a dead end. Paula would ask that we as the Board of Selectmen can
speak with the City of Leominster as to the status of that water line so that we can investigate further and see what our options may be
in working with the City.
Kerry noted that one issue for the board to take up is to have an understanding of how water works in the various areas of town, it's
overly complicated and unnecessarily complicated, these residents don't have the same pull as the residents of Leominster would have
and it's very frustrating.
Tom acknowledged that he hears their problems and this underscores that we need to address and there are times when we need to
approach these boards we need to institute some type of policy that where are there are issues, then we all sit down and the table and
all hear of these things. Paula was going to suggest that we need to have a workshop specifically on Pleasantview Ave, and one on
how water works in the Town of Lunenburg, and as far as water this should be addressed between the Town of Lunenburg and the City
of Leominster and would like to sit down with the Sewer Commission to discuss this situation. Kerry will reach out to schedule these
workshops.
3. Overview - Public Procurement - Kerry provided the attached information to the board on Public Procurement in Massachusetts
as the laws have recently been changed
4. State Election Warrant - five copies signed.
5. Minutes - None
Warrants - #19 11, 10/12/10 - $287,486.44, #1VD 11, 10/13/10 - ($1,012.50) and #8P 11, 10/13/10 - $651,039.52 reviewed and
signed.
Action File Issues - Tom provided the town manager with an application for the PACC Coordinator which he received in his mail.
Dave recently read an article in one of the local newspapers and would like a follow up on the contaminated soil that was alledgedly
disposed of in Lunenburg; Kerry will place a call to the DEP Representative that she previously spoke with for an update.
Kerry received information from Senator Flanagan's office which was last minute for green energy projects, money available for
applying to have electric charging stations for cities and towns to be a host for an electric charging station. Sent it out to everyone to
see if there was any interest and the response she received back was that this didn't seem to be an appropriate project. Paula noted
that when Kerry sends out an email, the members should respond to Kerry individually and not hit the "reply to all".
Steve questioned if it would be appropriate to put an article on town meeting to utilize the $400,000 that we usually receive in Chapter
90 money and use this money towards a debt repayment to borrow down in order to get our roads up to where they should be and so
that it doesn't become a funding problem as he believes that after this winter you'll see the roads in a lot worst condition than they have
been. His reasons are so that our secondary roads don't become worse as they should get the same consideration for those along a
main road, this way we could pick away at our roads two or three at a time. Kerry clarified that we would use the Chapter 90 Money to
pay debt service, does think that this has merit and her thought would be at the annual town meeting to do something to look for some
commitment and in what form. Would have to look at whether the state would allow us to use our Chapter 90 to pay debt service, you
would still have the issue of repayment if your Chapter 90 didn't come in, you'd still have to look at funding that debt service. Steve's
concern is that if you wait for the annual, you're half way through the construction season.
Dave's concern is that if we take all the money you can't fund your repairs in the future because it's all being used for debt service,
wants to further understand this. This is a larger discussion than what we are going to have here tonight, need to find a long term
funding solution for this as we want to put something together that's very creditable for the voters.
Paula referred to public forum and she went on line to see projects that did fit the TIP (Transportation Improvement Program) criteria
and appears that the Summer Street engineering may meet the funding mechanism; as this may be applicable she would like to look at
this for funding for next year.
Kerry noted that some communities are eligible and for this reason we need to do a target area for demographics for what a project
may be funded for. She will look into the opportunities further and report back to the board.
6. Committee Updates -
• Finance Committee meets on this Thursday.
• Steve announced that the DPW Building Committee has made a determination for their first pick, HKA from Groton and they
should be coming to the next DPW Building Committee meeting scheduled for Thursday.
• Ernie Capital Planning Committee has met, forms have gone out to departments and requests have come back. Will begin
interviewing with the departments. Kerry is hoping that the Capital Planning Committee can provide their priority projects to
her.
===PAGE 4===
7. Department Updates - None
8. Town Manager Updates - Kerry referred to DPW Director Jack Rodriquenz for an update on the Holman Street bridge which has
been closed since the flooding in March. Estimates were about $500,000 for reconstruction because the overall integretity of the
structure was compromised and FEMA was going to alocate $4,916 to "make us whole". He has been in touch with residents of the
roadway and the most disconcerting issues were the beeping of trucks backing up because of the road closed signage. Referred to
Steve Whitman for a perspective from his engineering point of view, has been a resident of Holman Street for about 30 years and noted
the increase in traffic over the years, particularly with trailer trucks, etc., that all exceeded the weight limit of the bridge. He noted that
the bridge was closed back in 1979/80 and it was reconstructed out of field stones to get back in service; it's a one lane bridge. Noted
that there are many other problems, one being the site distance throughout that area, vertically or horizontally. With the additional
homes on Holman Street there are the number of children, the area right in front of his house has only 14 feet road width and the rest
of the street is only 15 to 16 feet wide, in repairing the bridge and allowing the truck traffic to come back, you'd be looking at land
takings as well to accommodate the vehicular traffic. The amount of traffic has increased tenfold at least since they ve lived there.
Jack provided the board with a petition that was provided by Linda Whitman from the residents of Holman Street requesting the bridge
remain closed, submitted to the town. Linda was able to obtain signatures from all but two property owners. Jack did speak with the
Public Safety departments and neither had an issue with servicing the residents and there will be a some difficulty in paving as they will
be having to turn around the vehicles.
Saundra Lane, of 300 Holman Street stated that they purposefully put in a pond with the hopes that there would be hose enough
should there be a fire to be able to provide fire protection. Noted the 18 wheelers have constantly been utilizing the roadway which has
ruined the road and the children are riding their bicycles, neighbors are getting out and knowing one another and would hope that you
understand what our concerns are for safety reasons.
Steve questioned whether they received a cost to repair the culvert versus the cost to replace; we can keep the trucks off of a one lane
road. The safety issue can be policed, it's a policing problem more and a little concerned there shouldn't be any ten wheelers on that
street. Jack presented to the board that it's his task to present what the residents who are most affected have asked him to do.
Tom noted that this is a very different situation that what was presented by the residents of Whiting Street. This roadway is a very
winding roadway; noted the costs to reconstruct the bridge. He has no problem with leaving the roadway the way the residents want it
to be and policing isn't enough; we only have two officers on duty and don't see this as an option. Dave doesn't really know what we're
arguing about as far as trucks having a cut through we can clearly mark it as a dead end road. Paula has some concerns about the
public safety aspects and would like to speak with the Chief's and if we're going to talk about keeping the roadway closed for a period
of time are we going to need to look at easements. Jack will provide information from the Chief's, and Kerry was going to suggest that
as this was provided as just an update, we can put together a more formal presentation for the board. Tom would like to have this done
as a public hearing.
Received grant in the amount of $9,450 from Federal Bureau of Justice for the purchase of bullet proof vests, to pay either for 50% of
the costs of a vest or you can apply for a waiver to pay for 100% to replace vests. The Police Chief would like to fund the purchase of
27 new vests and he has put in a request for the 50% match through Capital Planning. Also grant in the amount of $1,000 to send two
officers to a training program dealing with domestic violence, Officers Charles Deming and Lisa Melnecki will be attending this program.
Kerry provided the attached "Estimated Impact of Town Meeting Spending on your Fiscal Tax Bill".
She was also given information on the 2010 Census which may result in the reassessing the precinct lines within the community.
Wanted to know what the interest level would be with this body in that process as there are training sessions available if anyone is
interested. We could put this on a future agenda for appointment if there is any interest. Typically this has been handled historically by
our Town Clerk, who has participated in the training and she had done the mapping for the last three census'.
OLD BUSINESS
COMMITTEE APPOINTMENTS/REAPPOINTMENTS/RESIGNATIONS
1. Appointments: Regional HHW Oversight Committee Representative / Back up Delegate - Kerry recommended the
appointment of Laura Williams as the delegate as she has been attending the meetings and as they are also requesting an alternate,
she would be willing to serve in that capacity, as the alternate. Steve so moved, voted unanimously.
EXECUTIVE SESSION
1. M.G.L. Chapter 39, §23B(2) 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 9:45 P.M.
Respectfully submitted,
Laura Williams, Chief Administrative Assistant
Board of Selectmen.
===PAGE 5===
HUDSON DESIGN GROUP LLC
Eagle House Senior Center: PREMINARY CONSTRUCTION COST ESTIMATE
Project 10-016, Additional Parking and Repaving Project
Item #
Description
103 TREE REMOVED - DIAMETER UNDER 24 INCHES
120.1 UNCLASSIFIED EXCAVATION
120.21 SAS EXCAVATION & DISPOSAL (Need LF Disposal Cost*)
151 PROCESSED GRAVEL FOR SUB-BASE
201 CATCH BASIN (STANDARD)
202 MANHOLE
220 DRAINAGE STRUCTURE ADJUSTED
221 FRAME AND COVER
222 FRAME AND GRATE
234.08 8 INCH PVC DRAINAGE PIPE
234.13
ADS Sub-surface Stormwater Mgmt System
234.14
Water Quality Structures (Stormceptor 450i))
420
HOT MIX ASPHALT BINDER COURSE
460
HOT MIX ASPHALT
570.2
HOT MIX ASPHALT CURB TYPE 2
645.148
48 INCH CHAIN LINK FENCE (PTR) VINYL COATED (LINE POST
697 SEDIMENTATION FENCE
701| CEMENT CONCRETE SIDEWALK
701.2|CEMENT CONCRETE SIDEWALK ADA RAMPS
701.3 CEMENT CONCRETE STEPS WITH GALV STEEL HANDRAILS
751 LOAM BORROW
765 SEEDING
767.2 HAY MULCH
804.2. 2 INCH ELECTRICAL CONDUIT TYPE NM - PLASTIC (UL)
811.31
PULL BOX 12 X 12 INCHES - SD2.031
812.14| LIGHT STANDARD FOUNDATION SD3.014
821.13
HIGHWAY LIGHTING POLE (ANCHOR BASE) 10 FOOT BRACKET
830.211 PROJECT FUNDING SOURCE SIGN
851 SAFETY CONTROLS FOR CONSTRUCTION OPERATIONS
852 SAFETY SIGNING FOR CONSTRUCTION OPERATIONS
999.01 TRAFFIC POLICE DETAIL
999.03
GENERAL SITE CLEARING & GRUBBING OF COMP LOT
ESTIMATED SUB-TOTAL
15% Contingency
ESTIMATED TOTAL
wl 10/1a/10 Hin
10/12/2010
Units
EA
CY
CY
CY
EA
EA
EA
EA
EA
LF
EA
EA
TON
TON
LF
LF
FT
SY
SY
SY
CY
SY
SY
LF
EA
EA
EA
EA
UD
SF
MH
EA
Quantity
2,800
200
620
2
4
2
5
1
2
193
128
615
280
400
133
6
6
71
850
850
360
2
2
21
100
40
1
$
313,839.89
$
47,075.98
$
360,915.87
→Is anything thes
tricluded in
estimate for
removal of
dest to
landfill?
===PAGE 6===
Printed Name
Bernie SauLnier
Carol Poladian
GREGORY POLADIAN
Mary Thurston
Steve Thurston
Lache Sh Marti
Jamie Donalds
SAUNDRA LANE
Michael Haustan
veanie thouston
Kathken Wonuk
DeborahAHChristen
Janette Sulliva
Christine Kilgore
Stephen WeAveR
PAiscille WEAVER
Steve Wh. tmas
LINDA WHITMAN
Jehn Mozzetti
Leigh A. Mezzetti
PROPOSED HOLMAN STREET BRIDGE REPAIR
October 2010
We the undersigned wish to have the Holman Street bridge
remain CLOSED and not repaired.
Residents Signature
Vit War
Carol Poladian
Mey la
many ti
Thuystor
Atto.
776
aunta fane
Dnehupn.Hto
Woe back
Deborah Christen
Weave
Whats
mdas titan
manses
Address
503 HUMAN STREET
500 Holman ST.
496 Nolman ST
44L HOLMAN ST,
487 Holman St.
487 Holman St.
488 Holman St
442 Holman ST
300 HOLMAN St
275 HoLmAN 5T
275 Helman St
503 Holman St
160 Boucher Rd
501 Holman St
502 Holman st.
288 HoLmAN ST
288 HO/HAN ST
473 Holman St
473 HOLMAN ST
484 Holman ST
484 Homan St.
===PAGE 7===
Fiscal Values
Fiscal Taxes
Fiscal 2010 Taxes EST.
Fiscal 2010 Base EST.
FY2010 Debt Exemption
Article
Amount
10,000
25,000
50,000
75,000
100,000
150,000
200,000
250,000
300,000
350,000
400,000
450,000
500,000
550,000
600,000
700,000
750,000
800,000
900,000
1,000,000
ESTIMATED IMPACT OF TOWN MEETING SPENDING ON YOUR FISCAL TAX BILL
Average
100,000
1,430
1,282
1,204
77
150,000
2,145
1,922
1.806
116
200,000
2,860
2,563
2,408
155
250,000
3,575
3,204
3,010
194
300,000
4,290
3,845
3,612
232
400,000
5,720
5,126
'4,816
310
500,000: 600,000
7,150
8,580
6,408
7,690
6.0210:
7,225
387.
465
700,000
10,010
8,971
8.429
542
800,000
11,440
10,253
9,633
620
900,000
12,870
11,534
10,837
697
To calculate the dollar impact of any additional expenditures that may be considered by Town Meeting, use this chart below.
100,000
0.76
1.89
3.78
5.67
7.56
11.34
15.12
18.90
22.68
26.46
30.24
34.02
37.80
41.58
45.36
52.92
56.70
60.48
68.04
75.60
150,000
1.13
2.84
5.67
8.51
11.34
17.01
22.68
28.35
34.02
39.69
45.36
51.03
56.70
62.37
68.04
79.38
85.06
90.73
102.07
113.41
200,000
1.51
3.78
7.56
11.34
15.12
22.68
30.24
37.80
45.36
52.92
60.48
68.04
75.60
83.16
90.73
105.85
113.41
120.97
136.09
151.21
250,000
1.89
4.73
9.45
14,18
18.90
28.35
37.80
47.25
56.70
66.15
75.60
85.06
94.51
103.96
113.41
132.31
141.76
151.21
170.11
189.01
300,000
400.000
500.000
2.27
3.02
3.78
5.67
7.56
9.45
11.34
15.12
18.90
17.01
22.68
28.35
22.68
30.24
37.80
34.02
45.36
56.70
45.36
60.48
75.60
56.70|
75.60
94.51
68.04
90.73
113.41
79.38
105.85
132.31
90.73
120.97
151.21
102.07
136.09
170.11
113.41
151.21
189.01
124.75
166.33
207.91 3
136.09
181.45
226.81
158.77
211.69
264.62
170.11
226.81
283.52
181.45
241.93
302 42-
204.13
272.18
340.22
226.81
302.42
378.02
600,000
4.54
11.34
22.68
34.02
45.36
68.04
90.73
113.41
136.09
158.77
181.45
204.13
226.81
249.49
272.18
317.54
340.22
362.90
408.26
453.63
700,000
5.29
13.23
26.46
39.69
52.92
79.38
105.85
132.31
158.77
185.23
211.69
238.15
264.62
291.08
317.54
370.46
396.92
423.39
476.31
529.23
800,000
6.05
15.12
30.24
45.36
60.48
90.73
120.97
151.21
181.45
211.69
241.93
272.18
302.42
332.66
362.90
423.39
453.63
483.87
544.35
604.84
900,000
6.80
17.01
34.02
51.03
68.04
102.07
136.09
170.11
204.13
238.15
272.18
306.20
340.22
374.24
408.26
476.31
510.33
544.35
612.40
680.44
10/12/2010
1,000,000
14,300
12,816
12,041
775
1,000,000
7.56
18.90
37.80
56.70
75.60
113.41
151.21
189.01
226.81
264.62
302.42
340.22
378.02
415.82
453.63
529.23
567.03
604.84
680.44
756.05
===PAGE 8===
Uhr Commontrealth of Massachusetts
Bffice of the Inspertor (Benecal
GREGORY W. SULLIVAN
INSPECTOR GENERAL
JOHN IU. MOCORMACK
STATE OFFICE BUILDING
ONEASHBURTON PLACE
ROOR! 1311
BOSTON, MA D2108
TEL: (611) 721-9160
FAX: (617) 723-2334
Dear Local Official:
The following charts were created by the Office of the Inspector General for local officials to use as a
quick reference guide on public procurement procedures that must be followed pursuant to the
Massachusetts General Laws. Your local rules may establish stricter or additional requirements that you
must follow. Contact your chief procurement officer (CPO) or legal counsel for advice on your local
rules and procurement procedures.
The charts highlight particular areas which may require compliance depending on the cost or the nature
of your procurement. For example, the charts highlight, where applicable, the requirement for a ten-hour
course in construction safety and health approved by the United States Occupational Safety and Health
Administration (OSHA). Pursuant to M.G.L. c.30, §39S, any person submitting a bid for, or signing a
contract to work on, a public building or public works project estimated to cost more than $10,000, must
certify under the pains and penalties of perjury that he or she is able to furnish labor in harmony with all
other elements of labor employed in the work and that all employees employed on the worksite, or in
work subject to the bid, have successfully completed at least ten hours of OSHA approved training. The
charts are meant to provide a general overview of the principal public procurement statutes, and are not
a substitute for the advice of legal counsel.
Any suggestions for the charts or questions concerning M.G.L. c.30B may be directed to this Office by.
calling 617.722.8838. Questions concerning M.G.L. c.149, M.G.L. c.30, §39M; and M.G.L. c.7 may be
directed to the Office of the Attorney General by calling 617:727.2200 or your legal counsel.
Prevailing wage rate sheets may be requested online at http://www.mass.gov/dos/pwrequest or by
calling the Division of Occupational Safety at 617.727.3492.
Central Register advertisements may be submitted online at
http://www.sec.state.ma.us/spr/sprcentral/infosubmit.htm to the Secretary of the Commonwealth. The
submission deadline is 4:00 pm on Tuesday.
Goods and Services Bulletin advertisements may be submitted online at
http://www.sec.state.ma.us/sprpublicforms/GSSubmissionform.aspx to the Secretary of the
Commonwealth. The submission deadline is 4:00 pm on Wednesday.
Sincerely;
Gregory h. Sullivan
Gregory W. Sullivan
Inspector General
August 2010 revision
===PAGE 9===
M.G.L. c.30B Procurement of Supplies and Services
Estimated Contract Under $5,000
$5,000 to $24,999
$25,000 and over
Amount
Procurement
Procedure
Sound business
practices.'
Solicit three written
or oral quotes.
Advertising
Required
Award contract to:
Written Contract
Maximum
Contract Term'
No.
Responsible
person offering a
competitive price.
No.
No.
Responsible person
offering the lowest
price.
Three years, unless
majority vote
authorizes longer.
Yes.
Three years, unless
majority vote
authorizes longer.
Sealed bids or proposals. (M.G.L.
c.30B, 885 or 6).
Advertise once in a newspaper of
general circulation at least two
weeks before bids or proposals
are due, and post a notice on your
jurisdiction's bulletin board or
website for two weeks before bids
or proposals are due. If $100,000
or more, advertise once in the
Goods and Services Bulletin.
Under §5, the responsive and
responsible bidder offering the
lowest price. Under §6, the most
advantageous proposal from a
responsive and responsible
proposer taking into consideration
price and evaluation criteria.
Yes.
Three years, unless majority vote
authorizes longer.
'M.G.L. c.30B, §2 defines sound business practices as "ensuring the receipt of favorable prices by periodically soliciting
price lists or quotes."
2 M.G.L. c.30B, §2 defines a responsible bidder or offeror as "a person who has the capability to perform fully the contract
requirements, and the integrity and reliability which assures good faith performance."
3 M.G.L. c.30B, §2 defines a responsive bidder or offeror as "a person who has submitted a bid or proposal which conforms
in all respects to the invitation for bids or request for proposals."
* M.G.L. c.30B, §17(a) states "All contracts in the amount of [$5,000] or more shall be in writing, and the governmental body
shall make no payment for a supply or service rendered prior to the execution of such contract."
5 M.G.L. c.30B, §12(b) states "Unless authorized by majority vote, a procurement officer shall not award a contract for a
term exceeding three years, including any renewal, extension, or 'option."
August 2010 revision
===PAGE 10===
M.G.L. c. 30, §39M
PUBLIC WORKS (NON-BUILDING) CONSTRUCTION
Fatimated Contract
$10,000
Over $10,000 to $25,000
and
under
Over $25,000
Procurement
Procedure
Advertising Required
No.
No.
Sealed bids.
MGL CSOB,SS
Sealed bras
Sealed bids.
DCAM Cerification
OSHA Training
City/Town
Pregunlification
Filed Sub-bids
Bid Deposit
Payment Bond
Performance Bond
Prevailing Wage
No.
No.
No.
No.
No.
No.
No.
Yes.
Advertise once in the
Central Register and
your local newspaper
at least two weeks
before bids are due,
and post a notice on
your jurisdiction's
bulletin board for one
week before bids are
due.
No.
Yes.
No.?
No.
5% of the value of the
total bid.
No.
No.
Yes.
Adverse once in the
Contal Registerand
your local newspaper
atleast vosweeks
before bids are due
and post a potice ou
your unsdiction s
bulletin board for one
weck before bids are
oute
Advertise once in the
Central Register and
your local newspaper
at least two weeks
before bids are due,
and post a notice on
your jurisdiction's
bulletin board for one
week before bids are
due.
No.
Yes.
No.
No.
5% of the value of the
total bid.
50% payment bond
No.
Yes.
' Authorized by M.G.L. c.30, §39M(d).
2 Although M.G.L.. c.30, §39M does not mandate a contractor prequalification process, prequalification of bidders by the
Massachusetts Highway Department is required for contracts of $50,000 or more where the awarding authority receives State
Aid funds under M.G.L. c.90, §34, or the work is on a state road, regardless of whether the awarding authority receives State
Aid funds under M.G.L. c.90, §34.
August 2010 revision
===PAGE 11===
M.G.L. c. 149 - BUILDING CONSTRUCTION CONTRACTS
Estimated
Contract
Amount
Procurement
Procedure
Under $10,000'
Sound business
practices
Over
$10,000,000
Solicit statements
of quálifications
prior to soliciting
sealed bids.
Advertising
Requirements
DCAM
Certification
ÖSHA Training
City/Town
Prequalification
Filed Sub-bids
Bid Deposit
Payment Bond
Performance
Bond
Prevailing Wage
Contractor
Evaluation
No.
No.
No.
No.
No.
$10,000 to
$24,999
$25,000 to
$100,000
Solicit written
responses.
Sealed bids
Over
S100,000
Sealed bids.
(using M.G.L.
c.30, 839M
procedure).
Advertise once in
Advertise once in
Advertise once in
the Central
the Central
the Central
Register? and post
Register and a
Register and a
a notice on your
newspaper at least
newspaper at least
jurisdiction's
two weeks before
two weeks before
website and
bids are due, and
bids are due, and
bulletin board for
post on your
post on your
at least two weeks
jurisdiction's
jurisdiction's
before responses
•bulletin board for
bulletin board for
are due. Posting
at least one week
at least one week
on Comm-PASS is before bids are
before bids are
optional.
due. Posting on
due. Posting on
Comm-PASS or
Comm-PASS or
your website is
your website is
optional.
No.
No.
optional.
Required for
general bidders
and filed sub-
bidders.
Yes.
No.
No.
Yes.
Yes.
No.
Optional.*
No.
Yes ($20,000 and
over).
Advertise the
request for
qualifications
once in the
Central Register,
newspaper, and
Comm-PASS at
least two weeks
before responses
are due.
Required for
general bidders
and filed sub-
bidders.
Yes.
No.
No.
No.
No.
No.
No.
Yes.
5% of the value of
5% of the value of.
the total bid.
the total bid, or
sub-bid.
50% payment
bond.
No.
100% payment
bond
100%
performance
bond.
Yes.
Yes.
Yes.
Yes ($20,000 and
over).
5% of the value of
the total bid, or
sub-bid.
100% payment
bond.
100%
performance
bond
Yes.
Yes.
No.
No.
No.
Yes.
Yes.
' M.G.L. c.149, §44 A(2)(A) as amended by Chapter 188 of the Acts of 2010.
2 M.G.L. c.9, §20A and accompanying regulations require all contracts for construction services and all contracts for construction materials to cost $10,000 or more to
be advertised in the Central Register.
" The advertising procedures listed pertain only to the request for qualifications. Within 14 days of the completion of the prequalification evaluation process, you are
required to post a notice in your jurisdiction and on Comm-PASS listing those general and subcontractors who have been prequalified. A copy of the notice must be
sent via first class mail, postage pre-paid to all prequalified general and subcontractors along with an invitation to bid. The invitation to bid must have a deadline of at
least two. weeks.
Although you may only consider bids from those general and subcontractors who have been prequalified, the advertising requirements for building
construction contracts over $100,000 apply.
* If you decide to use the optional prequalification process for projects over $100,000, follow the procedures listed in the "Over $10,000,000" column.
August 2010 revision
===PAGE 12===
M.G.L. c.7, 8838A½-O PUBLIC BUILDING PROJECTS DESIGN
SERVICES - Cities, Towns, Regional School Districts, and Horace Mann Charter Schools'
Estimated
Construction Cost
(ECC)/Estimated
Design Fee
Procurement
Procedure
Advertising Required
ECC $100,000 or less or
Estimated Design Fee less than
$10,000
ECC more than $100,000 and Estimated
Design Fee $10,000 or more (both ECC and
design fee thresholds must be met before
the designer selection procedure is
required.)*
No. Recommend soliciting
qualifications and prices from at
least three designers.
Qualifications-based selection process.
Jurisdiction must either set the design fee or
set a not-to-exceed fee limit and negotiate the
fee with the top-ranked designer within the
fee limit.
No.
No.
No.
Advertise once in the Central Register and
your local newspaper at least two weeks
before the deadline for filing applications.
No - adopt selection procedure in writing.?!
Use "DSB Application for Municipalities."
Tawn Adopted 12/6/05
Yes.
Designer Selection
Board!
Designer Evaluation
(Submit to DCAM and
Designer Selection
Board)
Registration
Insurance
Yes.
No.
Yes.
10% of the total cost of the project or $1
million, whichever is less.
No.
Prevailing Wage
No.
*In December 2008, the Designer Selection Board revised its "Guidelines for City and Town Building Projects" to
clarify that both thresholds must be met.
' Executive Departments of the Commonwealth and Commonwealth Charter Schools are subject to the jurisdiction of the
Designer Selection Board when the design fee is $10,000 or more and the construction project is estimated to cost $100,000
or more.
" Cities, Towns, School Districts, and Horace Mann Charter Schools are required to adopt their own procedures for selecting
designers for building projects. These procedures must conform to the purposes and intent of the designer selection process
as outlined in M.G.L. c.7, §§38A½-O and noted herein. See the Model Designer Selection Procedures for Municipalities and
Other Local Public Agencies developed by this office at http://www.mass.gov/ig/publ/dsbguide.htm
3 Housing Authorities must follow the procedures established by the Department of Housing and Community Development
for design of state-funded housing. Projects requesting funding from the Massachusetts School Building Authority (MSBA)
are subject to MSBA rules.
August 2010 revision

========================================================================================
DOCUMENT : 2010-10-21-agenda-4736.txt
BOARD    : select-board
DATE     : 2010-10-21
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2010-10-21-agenda-4736.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10212010-4736
========================================================================================

===PAGE 1===
BOARD OF SELECTMEN  
October 21, 2010  
   6:15 PM – 2 ND  FLOOR TOWN HALL 
     JOSEPH F. BILOTTA MEETING ROOM 
AGENDA 
 
  
 
PUBLIC COMMENT 
 
ANNOUNCEMENTS 
1. Halloween Trick-or-Treating, Sunday, October 31,  2010 from 6:00 – 8:00 p.m. 
    
APPOINTMENTS 
 
CURRENT BUSINESS 
1. One Day Liquor License for North Leominster Rod & Gun Club 
2. Determination on Joint Representation- Devens HH HW Facility 
3. Town Manager’s Employment Contract 
4. Minutes/ Warrants/ Action File Issues 
5. Committee Updates 
6. Department Updates 
7. Town Manager Updates 
a. MIIA General Liability/ Workers Compensation Ins urance Updates 
b. Solar Farm RFP 
c. Architect for DPW Remodel 
d. Future Meeting Schedule 
 
OLD BUSINESS 
1.  Special Town Meeting Warrant Articles 
 
COMMITTEE APPOINTMENTS-RE-APPOINTMENTS-RESIGNATIONS 
1.  Re-precinting Committee [if needed] 
 
EXECUTIVE SESSION-  6:00 PM 
MGL Chapter 39, Section 23B[3], to discuss strategy with respect to collective bargaining or 
litigation if an open meeting may have a detrimenta l effect on the government’s bargaining or 
litigating 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: [tentative] 
 
November 2 
November 9 
November 16

========================================================================================
DOCUMENT : 2010-10-21-minutes-4736.txt
BOARD    : select-board
DATE     : 2010-10-21
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2010-10-21-minutes-4736.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10212010-4736
========================================================================================

===OCR macOS Vision===
===PAGE 1===
BOARD OF SELECTMEN
MEETING MINUTES
10/21/10
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. Board opened and recessed
Regular Session at 6:18 P.M. to open Executive Session, in accordance with MGL Chapter 39, §23B (3), by roll call vote; Tom aye,
Paula aye, Ernie aye and Dave aye, (Steve arrived at 7:15), for the purpose of discussing 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. Chairman announced that the Board will be returning to Regular Session. Meeting reconvened
at 8:15 P.M.
PUBLIC COMMENT
ANNOUNCEMENTS
1. Halloween Trick-or-Treating, Sunday, October 31, 2010 from 6:00 - 8:00 p.m.
Ernie would like to invite the veteran's to come to the board meeting of November gth and join us in the Pledge of Allegiance as
Veteran's Day is celebrated on November 11t
Tom noted that the Octoberfest is being held this Saturday at the Library.
APPOINTMENTS
CURRENT BUSINESS
1. One Day Liquor License for North Leominster Rod & Gun Club - to be held on November 12', from 6:00 - 11:00 p.m.,
attendance - approx 80. Steve motion to approve, Tom seconded voted unanimously.
2. Determination on Joint Representation - Devens HHHW Facility - Kerry informed the board that the establishment of this
facility has been before you a number of times and Devens is going to host the facility. Kopelman & Paige also represents a number of
the other communities and they need to be sure that when they do review the agreement, you are approving their representing the
other communities as well. Dave motion to approve, Steve seconded, voted uanimously to approve.
3. Town Manager's Employment Contract - Based upon negotiations with the board, Kerry presented the attached employment
contract.
4. Minutes / Warrants / Action File Issues -
• Minutes - none
• Warrants #20 11, 10/13/10 - $366,456.30 and #21 11, 10/19/10 - $162,791.08 reviewed and signed.
• Action File - Dave questioned when we'll be addressing the Holman Street Bridge issue and if we can address the paving issue.
Paula wants to add on a future agenda, how water works in Lunenburg (IMA's with neighboring communities).
Ernie is concerned about the signage at the Ritter and would like to have a discussion on the signs and number of signs as he believes
there is a clear safety hazard. Also, the road management plan and see if we could get Public Safety to inspect some of the other
roads such as Pleasantview Ave. and get some input from them. Steve noted that road issues are not under the purview of the public
safety and Paula can understand Ernie's concern and tends to agree that public safety also bears weight in the pavement management
plan and the changing of this process for safety issues. Kerry believes that we can look at the pavement management plan and noted
for that road we had a funding source, not that it trumped anything, but that it had a funding source and it was deemed to be one of the
needed roads. Board discussed that this was the discussion that was had during the presentation of the pavement management plan,
noted that there is additional money in that line item that could be used for other local roads and questioned if there are other local
roads that could be repaired using that money.
Dave would like to see put on the agenda the issue about the Town Clerk's office. Paula's understanding is that the Town Clerk is
working on guidelines and that she should be here for this discussion.
Board would like an update on where the town stands in hiring a PACC Coordinator.
===PAGE 2===
5. Committee Updates -
Dave - School Committee met last night and have begun preliminary discussions on the budget. Reducing hours that the gyms are
available and have come to an agreement to charge for the use to cover the costs of utlities.
Ernie, Capital Planning met this morning with some preliminary reviews with the Technology Department and the Police Department as
well. Per Kerry basically rotation for departments for pc's, replacements for library, GIS for sewer was discussed.
Paula's concern is that we have barely 500 customers on the sewer and she would like to have more information before this moves
forward as we don't have as built plans on the system.
Per Steve they have the plan books and it's one layer, although is a lot of money for one layer.
This request came from the Sewer Commission and as they are an elected body, Kerry doesn't feel that this is something that could be
taken off.
Steve questioned if there is a list of requests that is compiled that could be put together, which Kerry will provide. Dave questioned also
if there has been discussion on fleet expansion, which Kerry informed the board that this discussion came up today in Capital Planning
as both Steve and Dave are concerned that this will result in a couple of years to having to have to replace. To be placed on a future
agenda.
Tom Finance Committee met and discussed the current FY budget which, on paper with all the adjustments shows a deficit of about
$46,000 as the Town Manager is accounting for the money that we didn't get from the state from the ice storm. Next Thursday they
may be discussing their opinion on the ballot questions. Also, the Web Task Force met this past Friday and selected Scend as the
company that we want to discuss costs with. Town Manager has been discussing the modules and has come to an amount of $15,000
for hosting, maintenance, support. Would be about $7,200 / year to maintain the site. Kerry noted that it includes a schedule
component, a subscription component, a calendar, what is called QAlert which is citizen area management as this will be the most
workflow impact. Kerry will send out information on what other communities utilize this service.
6. Department Updates -
7. Manager Updates
a) MIlA General Liability / Workers Compensation Insurance Updates
Laura informed the board that we have received dividends from prior years that we weren't with MIlA for liability in excess of
$4,000 and $16,000 from the Worker's Compensation dividends. Kerry also noted that MIlA offers a number of options for savings
by participating in various seminars and workshops.
b) Solar Farm RFP
The recommendation from the Green Community Task Force is to do an RFP for a solar farm on the old landfill and sell back to
Unitil. In the wind energy bill that was going through the legislature there was a change from 1% to 2% which ended up passing
last Friday night. There are many issues with this, although an interesting undertaking, Kerry doesn't believe the timing is right for
us. Most of the communities that have done this have their own electric plant, such as the Town of Concord as the electric
company has to review proposal. She spoke with John DiNapoli and right now she doesn't see that we have enough time to get an
RFP out and make the December 31s' tax issue.
Ernie informed the board that the Green Community Task Force has spent a lot of time on the school solar panels and doesn't
believe that they have the expertise to get all this together. Paula contends that if they can get some volunteers to assist in doing
this, she doesn't see any harm on working to get. Go back to the Green Community and tell them that they need to come up with
information and come back to us, not for Kerry to write the RFP. Kerry will speak to Mr. Marsden about this.
C) Architect for DPW Remodel
Steve the DPW Building Committee has recommended the award of the design contract to Helene Karl Architects (HKA) from
Groton, which has been signed and we expect to begin working with them tomorrow.
d) Future Meeting Schedule
Paula discussed the scheduling of pending items; we've discussed going back to two business sessions and two workshops. Per
Kerry, the issue with posting it has been her practice that the agenda's don't get done until Friday and most of this is because of
follow through on items from the Tuesday meetings that we do on Wednesday and Thursday. In speaking with Kathy (Town Clerk)
she is going to require that agenda's for Tuesday will have to be posted on Thursday as that office is usually closed on Friday.
Kerry's commented that by holding three business sessions, it would be more manageable if there were two business meetings a
month and one or two workshops. Dave's concer is that we have a Town Clerk and an Assistant Town Clerk and doesn't know
why this is driving this discussion. Paula pointed out that she and Kerry have had this discussion previous to this incident. He is
very concerned that we're not doing enough in front of people, don't want to walk into a work session even without the information
ahead of time. Don't need to have it when the agenda goes out, but would like to have it a day or two ahead. Paula doesn't
disagree with this as far as the public is, but the situation is that compiling all the information that the board expects. Suggested a
simplified, limited agenda to discuss perhaps two to three topics, just a pared down agenda on that second meeting of the month.
===PAGE 3===
Business sessions would be scheduled for the first and third meetings. Tom doesn't really understand what you would be gaining
at all, if anything he sees is that we push some things too close. Per Paula the meeting on November 4th will only have the
discussion of the 5 year plan and the meeting of the gth will be a pared down agenda.
OLD BUSINESS
1. Special Town Meeting Warrant Articles - Kerry distributed the list that the office has received. A few of these we may not have,
noted the IBPO. Article D, still waiting for a proposal on the Alternative Analysis. Lena Lane is housekeeping, Article G, expect some
discussion on this article as the Ford Crown Victoria model is going out of production next calendar year and March is the last month
that you could put in an order; the Police Department feels that it's worth a discussion as if we wait until the spring we can't order the
this model. Tom questioned Article Has he thought we voted not to have this and the board recalls that they wanted more information,
to be discussed further. Article 1, is about actuarial cost analysis and there's no requirement now that you have to start funding but this
is a request to establish a fund. The change to the Sewer Service Map did not include the area of the Whalom Estates.
Jones House article is to authorize the sale and we will be having a meeting to discuss. Article for Landfill should be at 25 years.
COMMITTEE APPOINTMENTS/REAPPOINTMENTS/RESIGNATIONS
1. Re-precincting Committee (if needed) - no action
EXECUTIVE SESSION
1. MGL Chapter 39, §23B (3), for the purpose of discussing strategy with respect to collective bargaining or litigation if an open
neeting may have a detrimental effect on the government's bargaining or litigation position. Also to conduct strategy sessions ir
reparation for negotiations with non-union personnel; to actually conduct collective bargaining and contract negotiations with non-
union personnel. Chairman announced that the Board will be returning to Regular Session.
UPCOMING MEETING SCHEDULE (tentative)
November 2, 2010
November 9, 2010
November 16, 2010
Being no further business board voted unanimously to adjourn Regular Session at 9:30 P.M. and reconvened Executive Session at this
time by roll call vote. Chairman announced, not to return to regular session
Respectfully submitted,
Laura Williams, Chief Administrative Assistant
Board of Selectmen
===PAGE 4===
ARTICLE A To see if the Town will vote to appropriate from available funds all sums of money necessary to amend the
amounts voted for the Town's FY'11 Budget, under Article 14 of the May 1, 2010 Annual Town Meeting Warrant; or take any
other action relative thereto. Submitted by Town Mgr.
ARTICLE B To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to
fund the FY11, FY12 & FY13 Police Officers Collective Bargaining Agreement dated July 1, 2010 - June 30, 2013 with IBPO
Local 353, AFL-CIO; or take any other action relative thereto. Submitted by Town Mgr.
ARTICLE C To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to
fund the FY11, FY12 & FY13 Public Safety Telecommunication Unit Collective Bargaining Agreement dated July 1, 2010 -
June 30, 2013 with Teamsters Local #170, Worcester, MA; or take any other action relative thereto. Submitted by Town Mgr.
ARTICLE D To see if the Town will vote to appropriate a sum of money for Alternatives Analysis for Summer Street
improvements and all costs incidental or related thereto; to determine whether this appropriation shall be to raise and
appropriate or transfer from available funds or transfer from the Stabilization Fund; or to take any other action relative
thereto. Submitted by Town Mgr.
ARTICLE E To see if the Town will vote to appropriate a sum of money in accordance with MGL Chapter 44, §53C, the
Police Special Fund, for the purpose of paying special detail salaries for off duty details (outside functions) of members of
the Police Department. Charges and money received from outside organizations in connection with this program are to be
deposited in said special fund and expended by the Lunenburg Police Department without further appropriation for the sole
purpose of paying personnel for hours worked; or take any other action relative thereto. Submitted by Town Migr.
ARTICLE F
To see if the Town will vote to accept the layout as a Town Way of Lena Lane as shown on a plan entitled
"Lena Lane Acceptance Plan of Land in Lunenburg, MA Prepared for Gerard A. Albert, November 26, 2008, by Whitman &
Bingham Associates, LLC, Registered Professional Engineers & Land Surveyors, 510 Mechanic Street, Leominster, MA
01453", and to authorize the Board of Selectmen to accept or take by eminent domain deeds and easements as may be
necessary therefore, or take any action relative thereto. Submitted by Town Mgr.
ARTICLE G To see if the Town will vote to raise and appropriate or transfer from available funds, or borrow the sum of
$00 for the purchase of new Police Cruisers) and related equipment; or take any other action relative thereto.
ARTICLE H I move that the Town vote to authorize the Board of Selectmen to petition the General Court for special
legislation to allow for a special act to read substantially as follows:
AN ACT AUTHORIZING THE TOWN OF LUNENBURG
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 M.G.L. Chapter 32B and. M.G.L. Chapter 150E of the General Laws or
any other general or speciall law to the contrary, the Town of Lunenburg is authorized to negotiate and purchase group
insurance policies for Employees, Retirees and Dependents without being subject to collective bargaining as defined in
M.G.L. Chapter 150E.
SECTION 2
Further, the Town of Lunenburg is also authorized to alter current and future plan design features, and that
such action not be subject to collective bargaining as defined in M.G.L. Chapter 150E.
SECTION 3
Further, the Town of Lunenburg is also authorized, but not mandated to participate in, and/or join the
Group Insurance Commission ("GIC") pursuant to M.G.L. Chapter 32A, and such action shall not be subject to collective
bargaining as defined in M.G.L. Chapter 150E.
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.
Lunenburg6/lwilliams/projects/stm november 2010/draft articles 10-18-10
===PAGE 5===
ARTICLE 1 To see if the Town will vote to accept M.G.L, Chapter 32B - to establish an Other Post Employment
Benefit (OPEB) Liability Trust Fund; or take any other action relative thereto.
ARTICLE J To see if the Town will vote to amend the Sewer Service Area Map, such revisions currently on file in the
office of the Town Clerk and Board of Selectmen; or take any other action relative thereto.
ARTICLE K To see if the Town will vote to authorize the Board of Selectmen to sell the parcel of land or any portion
thereof, identified by Assessor's Map _ Lot
_ (Jones House, 42 Main Street) recorded with Worcester Northern
District Registry of Deeds in Book 488, Page 10 containing 23t acres 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; or take any action relative thereto.
ARTICLE L To see if the Town will vote to accept M.G.L, Chapter 83, §'s 16A through 16F for the collection of sewer
rates and charges, together with interest thereon and costs relative thereto; or take any other action relative thereto.
ARTICLE M To see if the Town will vote to accept M.G.L. Chapter 200A, §9A, an alternative procedure for Disposition
of Abandoned Funds; or take any action relative thereto.
ARTICLE N To see if the Town will vote to authorize the Town Manager to enter into a lease, license or other
contractual agreement of not more than years in duration, subject to terms and conditions approved by the Board of
Selectmen, for the property at Youngs Road, (closed Landfill) and identified as Assessors parcels #
purposes of installing solar energy generating facities to supply solar electric power for the Town, provided that no such
lease, license or other contractual agreement will be executed for said purposes until after the Selectmen have held a public
hearing for the purposes of determining whether, in the opinion of the Selectmen, no clearly superior and readily available
site should be leased for these purposes, and further that no lease shall be executed prior to consultation with the Board of
Selectmen; or take any action relative thereto.
ARTICLE 0
To see if the Town will vote to initiate the process to aggregate its electrical load, pursuant to M.G.L
Chapter 164, §134, and further, to adopt the following resolution:
Whereas, the Commonwealth of Massachusetts is engaged in a process of establishing a competitive market place through
deregulation and restructuring of the electric utility industry;
Whereas, citizens of Lunenburg have a substantial economic and social interest at stake, and;
Whereas the Town of Lunenburg hereby finds that it may be in the interest of the electric ratepayers, both residential and
commercial/industrial, to enter into an aggregation agreement,
Be it therefore resolved that the Town of Lunenburg hereby: Publicly declares its intent to become an aggregator of electric
power on behalf of its residential and business communities, and;
Will negotiate and enter into a contract for power supply independently. If such a contract is effected, individual consumers
would retain the option not to participate and to choose any alternatives they desire, or take any other action, relative
thereto.
Lunenburg6/williams/projects/stm november 2010/draft articles 10-18-10
===PAGE 6===
11/30|13
EMPLOYMENT AGREEMENT BEIWEEN THE TOWN OF LUNENBURG AND
KERRY A. SPEIDEL AS TOWN MANAGER
AGREEMENT made this 21st Day of October 2010 between the Iown of Lunenburg
acting by and through its Board of Selectmen (hereinafter the
accordance with the provisions of Massachusetts General Laws, Chapter 41,
. Section 108N and Kerry A. Speidel.
WHEREAS, the Town desires to retain the services of Kerry A. Speidel as Town
Manager (hereinafter the "Town Manager";
WHEREAS, the Board, pursuant to Massachusetts General Laws Chapter 41, §108N,
is authorized to enter into an Agreement with the Town Manager for such
services;
WHEREAS, it is the desire of the Board to enter into an Agreement for the
salary and benefits of said Town Manager;
WHEREAS, it is the desire of the Board to obtain the services of said Town
Manager, and to provide inducement for her to remain in such employment; and
WHEREAS, Kerry A. Speidel agrees to accept employment as Iown Manager of said
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the parties agree as follows:
1. Duties. The Town shall employ Kerry A. Speidel as the Town Manager. The
Town Manager shall be the Chief Administrative Officer and the Chief•
Financial Officer of the Town in accordance with the Town Charter.
The Town Manager's duties and responsibilities shall include, but are not
limited to, those duties and responsibilities described in the Charter,
contained in the Lunenburg General Bylaws and such other duties as the Board
shall from time to time legally assign to her. The Town Manager will devote
HELLES
her full-time attention to the business of the Town, will not engage in other
business during the office hours, except with the approval of the Board, and
will perform her duties in a professional and competent manner. It is
explicitly agreed that the Town Manager shall work all hours necessary.to
perform the duties of the position without regard to normal working hours for
other Town employees including attendance at night and weekend meetings as.
• 2. Term. The term of this Agreement shall be from December 1, 2010 through
November 30,
2013 unless sooner terminated or otherwise extended in
accordance with the provisions of this agreement. The Board of Selectmen
shall vote and notify the Town Manager in writing no later than 90 days prior
to the termination date of this agreement of its intention not to renew this
Agreement upon its termination date •
3. Compensation.
The Town shall pay Kerry A. Speidel for her services
performed under this Agreement as follows:
December 1, 2010 to November 30, 2011
$117,300
===PAGE 7===
December 1,
2011 to November 30,
2012
December 1,
2012
to November
30, 2013
$119,646
$122,039
b. Payments. Salary shall be paid at such intervals as is customary with the
Town's employees, subject to
applicable withholdings and deductions, and
otherwise in conformity with the normal payroll practices of the Town.
4. Benefits. Except as
hereinafter provided or modified in this Agreement all
provisions of the Town's Salary Administration Plan and all benefits provided
to Town of Lunenburg employees under the General Bylaws, by Town Meeting
action, or by state law, as
they now exist or may hereafter be amended or
changed,
shall apply to the Town Manager.
a. Vacation Leave: 20 days
Unless there are extenuating circumstances, no vacation leave shall exceed
ten (10) consecutive working days without
approval of the Board of Selectmen.
Such vacation days shall be taken at such times as are compatible with the
Town Manager's work schedule and the business needs of the. Town of Lunenburg.
The Town Manager shall give reasonable written notice to the Board of
Selectmen of her proposed vacation schedule. Any vacation time accumulated
but not used during the period of this Agreement shall be paid to the Town
Manager at the time of her
separation from employment with the Town. The Town
Manager shall be permitted to
‚carry
over up to ten (10) days of vacation
leave from year to year.
b. Sick Leave. The Iown Manager shall be granted fifteen (15) days of
sick leave per fiscal year.
The Town Manager may accumulate sick leave from fiscal year to fiscal year,
subject to a maximum accumulation of ninety (90) days.
c. Personal Days. The Town Manager shall receive three (3). personal
days each fiscal year.
• d. Unused Time. Any unused vacation or sick leave remaining at the
expiration of this Agreement shall carry over and be credited to the Town
Manager if this Agreement is extended.
e. Health Insurance. The Town Manager shall be eligible for all
health, dental and life coverage benefits for which other non-bargaining
unit Town employees are eligible as such benefits may be amended and/or
discontinued from time to time. The Town agrees to contribute towards the
cost of such benefits an amount or percentage equal to that provided to non-
bargaining unit Town employees as such amounts or percentages may be amended
from time to time. Payment for 75% of comprehensive health coverage for a
'family plan on any health plan offered by the Town to other employees and as
may be chosen by the Town Manager will be paid by the Town.
5. Automobile. The Town shall pay the Town Manager the IRS rate for
automobile mileage for all official business outside of the Town of
Lunenburg: This provision shall not include travel to and from work or travel
within the community.
===PAGE 8===
6. Expenses. The Town Manager shall be reimbursed for any reasonable and
necessary expenses incurred in the performance of hei duties, or as
an
official representative of the town, including attendance by
her
at civic or
social events.
7. Dues, Subscriptions, Professional Development. The Town agrees to budget
for and pay for professional dues, subscriptions,
and meetings of the Town
Manager necessary for her continued participation in the ICMA (International
City/ County Management Association), MMMA (Massachusetts Municipal
Management Association) and the MMA. (Massachusetts Municipal Association)
and/ox other reasonable, professional organizations and conferences, subject
to approval of
Board of
Selectmen and appropriation and not to exceed $5,000
annually.
8. Termination and Severance Pay.
a. The Town Manager may be removed and/or suspended in accordance with
Section 4-5
of the Town
Charter.
b. The Town Manager may terminate her employment by written notice to the
Board of Selectmen at least sixty (60) days before the intended date of her
resignation.
c. If
‚the Town Manager's employment is terminated by the Board of Selectmen
fox any reason other than gross misconduct or violation of law, the Town
Manager shall be entitled to receive severance as follows, less lawful
withholdings and deductions, plus payment for accrued, but unused vacation
leave. Payment shali be made in a lump sum within two (2) weeks of the date
of termination.
For termination between 12/01/10 - 11/30/11
For termination between 12/01/11 - 11/30/12
For termination between 12/01/12. - 11/30/13
Four (4) Months
Five
(5) Months
Six. (6) Months
This section shall survive the termination of the Agreement.
d. If. the Town Manager terminates her employment, no severance pay shall be
granted.
e: This Agreement may also be terminated at any time by mutual consent of
both parties, in which case the Town Manager shall not receive any severance
9. Performance Evaluation. The Board of Selectmen shall review and evaluate
the performance of the Town Manager once annually at least thirty (30) days
prior to the close of the fiscal year. The Town Manager shall notify the
Board of Selectmen at least forty five (45) days before the end of the fiscal
year of the review and evaluation period. Said review
and evaluation shall be
in accordance with specific criteria, goals and objectives which are
developed by the Board of Selectmen, with the cooperation and input of the
Town Manager. Said criteria may be added to or deleted as the Board of
Selectmen may from time to time determine at its discretion. Annually, the
Board of Selectmen, with the cooperation and input of the lown Manager, shall
define such goals and performance objectives for the Town Manager for the
proper operation of the Town of Lunenburg and for the attainment of the Board
of Selectmen's policy objectives and should further establish a relative
priority among those various goals and objectives. The goals and objectives
===PAGE 9===
shall be reduced to writing by the Board of Selectmen at the time of
evaluation. The goals shall generally be attainable within the time limits
specified and within the appropriations provided in the annual operating and
capital budgets.
The goals and objectives maybe amended from time to time by the Board of
Selectmen.
The Town Manager shall submit quarterly during the fiscal year her activities
undertaken in connection with addressing the agreed goals
and performance
objectives, or at such more frequent intervals as the Board of Selectmen may
request.
Upon completión of the annual performance evaluation, the Chairman of the
Board of Selectmen shall provide the Town Manager with a summary written
statement of the findings of the Board of Selectmen and provide an adequate
opportunity for the Town Manager to discuss her. evaluation with the Board of
Selectmen.
If the Town Manager receives a composite score of 150 or higher, using the
current evaluation form
(Attachment A), the Board will pay a 1.58 of base
salary as a performance bonus, not to be added to the following year's base
salary.
Such performance bonus will be paid to the Town Manager,
in a lump
sum, within thirty (30) days of the issuance of the composite evaluation.
10. Indemnification. The Town shall defend, save harmless and indemnify the
Town Manager against any tort, professional liability claim or demand or
other legal action, whether groundless or otherwise, arising out of an
alleged act or omission occurring in the performance of her duties as Town
Manager provided that the Town Manager acted in good faith. The Town may
compromise and settle any such claim or suit .and will pay the amount of any
settlement or judgment rendered hereon without recourse to the Town .Manager..
The Town shall reimburse the Town Manager for any attorney's fees and costs
'incurred by the Town Manager in connection with claims or suits involving the
Town Manager in her professional capacity. This Section shall survive any
termination of this Agreemenț..
The provision of indemnification butlined in
this section shall be in accordance
with, and subject to, the provision of
law.
11. No Reduction in Benefits. The Town shall not at any time during the term
of the Agreement reduce the salary, compensation or other benefits of the
Town Manager, except to the degree such a reduction is across the board for
all other management employees of the town. Similarly, should any town-wide
benefit be reduced for all other management employees that same benefit (s)
shall be reduced accordingly within this Agreement.
12. Residency Requirement.
The Board of Selectmen hereby waives any residency
reguirement for
the Town Manager, as allowed by the Town Charter.
13. Notices. Notices pursuant to this Agreement shall be given by deposit in
the custody of the United States Postal Service, certified
and postage
prepaid, return receipt requested, addressed as follows:
===PAGE 10===
TOWN:
TOWN MANAGER:
Chairman of the Board of
Selectmen
Town of Lunenburg
17 Main Street
Lunenburg, MA 01462
Kerry A. Speidel
7 Ripley Street
N Chelmsford, MA 01863
14. General Provisions.
a. The text herein shall constitute the entire Agreement between the parties.
b. This Agreement shall be binding upon and inure to the benefit of the heirs
at law and executors of the Town Manager.
c. If any provision,
or. any portion thereof, contained in this Agreement is
held unconstitutional, invalid or unenforceable, the remainder of this
Agreement or portion thereof, shall be deemed severable,
shall not be
affected, and shall remain in full force and effect.
d. For puxposes of the Fair Labor Standards Act, the Town Manager shall be
deemed an exempt employee.
IN WITNESS WHEREOF, the parties execute
this Agreement this 21th day of
Octobei,
. of Lunenburg,
Acting by and through the Board of Selectmen:
Тама о
Paula
ram
Steyen
Bettencourt, Vice Chair
TErI
Tom A
Lonzo
bavid
Matthews
Town Manager:
Kexry
mpeidel
Speidel

========================================================================================
DOCUMENT : 2010-11-02-agenda-4737.txt
BOARD    : select-board
DATE     : 2010-11-02
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2010-11-02-agenda-4737.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11022010-4737
========================================================================================

===PAGE 1===

===PAGE 2===

========================================================================================
DOCUMENT : 2010-11-02-minutes-4737.txt
BOARD    : select-board
DATE     : 2010-11-02
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2010-11-02-minutes-4737.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11022010-4737
========================================================================================

===OCR macOS Vision===
===PAGE 1===
BOARD OF SELECTMEN
MEETING MINUTES
11/9/10
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 7:00 P.M. with
the Pledge of Allegiance
PUBLIC COMMENT
Polls remain open until 8:00 PM at the TC Passios Elementary School.
Dave expressed appreciation to the school for the Homecoming activities and everyone involved.
ANNOUNCEMENTS
1. Yard Waste Days, October 16" to November 20" at closed Landfill, Youngs Road.
2. Lions Club also has requested that they conduct their roadblock from 9:00 am to 2:00 pm on November 13t. This will be placed on
the agenda for next week.
3. Ernie would like to invite any and all Veteran's to the Board of Selectmen meeting next week to lead the board in the Pledge of
Allegiance commemorating Veteran's Day, November 11, 2010.
APPOINTMENTS
1. 7:30 PM Public Hearing on CDBG Grant [Eagle House Parking Lot & Housing Rehabilitation - Public Hearing opened per the
following notice:
The Town of Lunenburg Board of Selectmen will hold a Public Hearing on Tuesday, November 2, 2010 at 7:30 p.m. in the Selectmen's
Meeting Room at the Town Hall, 17 Main Street, Lunenburg, Massachusetts 01462 to solicit citizen comments and input on the
following Community Development Block Grant activities:
• FY 11 Grant Application which may include a Single, Joint or Regional Housing Rehabilitation program,
Infrastructure project, Public Social Service program, and other grant eligible projects
• Community Development Strategy
• Target Area and Bonus Points
•.. Any other grant related issues
Any person or organization wishing to participate or provide comment is strongly encouraged to attend or contact the Board of
Selectmen. Lunenburg Board of Selectmen, Paula Bertram, Chairman
Shelly Hatch from MRPC was present and informed the board of the Community Development Block Grant (CDBG) FY11 Application
process, grant will be submitted by December 10, 2010.
This year's CDBG applications are due at DHCD on Friday, December 10, 2010. The Town of Lunenburg will be applying on their own;
instead of being part of a joint or regional application. Once the applications are submitted in December, the Department of Housing
and Community Development (DHCD) reviews them and decisions are scheduled to be announced in éarly April. Within a few weeks
after the announcements are made, the Town will sign a contract with the state, an environmental review will be conducted, and
program funds can start being used around the first of June.
There are several points need be to discuss tonight in regards to the new application: the target area requirement, bonus points which
consist of integrated projects and complementary project funds, and the community development strategy. Also again in this year's
application, the Town needs to hold a public forum, which is similar to holding a small Charrette or visioning session. This year, due to
the change in the application deadline, DHCD has decreased the requirement of holding the public forum two (2) months prior to the
application deadline down to one (1) month prior to the December 10thj submittal date. One public forum 'as held in late August during
the day at the Senior Center and the Town held a second forum in the evening on October 5th The participants at the first forum
recommend that the BOS pursue the housing rehabilitation program again along with construction funding for a new parking lot at the
Eagle House.
Target Area: HUD is looking to see an impact from the CDBG funds within the target area, which means the town needs to choose one
area based on a census track/block or a geographical area. Because the town is reapplying for the Senior Center Parking Lot project,
the target area has to be the census area where the existing senior center is located, which is Census Block Group 712 101-2. This
requirement is now a threshold question. Previously you could get bonus points for having a target area but now it is a threshold. If you
don't meet this threshold your application will not be reviewed
Bonus Points: There are 10 additional points that may be awarded to your application in two different ar RECEIVED & FILED
1) 5 points for having integrated projects, and
2) 5 points for showing complimentary projects within the target area.
NOV 1 5 2010
LUNENBURG TOWN
CLERK OFFICE
===PAGE 2===
The senior center will also be contacting residents within the target area to see if any need assistance on the housing rehab
component. Applications are available at the Town Hall and the Senior Center, per Shelly they have received 7 pre-applications but
really need to have 20 as we need to show that there is a need. Renovations of the Town Hall may be considered complimentary
improvements and Shelly will review this with DHCD. Doreen noted that an additional item would be the installation of a stairway from
the existing parking lot to the Senior Center. Also, may be able to adapt some of the playground equipment, to more "fitness
equipment". Lion's Club addition of a basketball court at the Teen Center, Veteran's Memorial area has received improvements as well
as improvements to the Lakefront Ave. area.
Per Shelly, the Town also may be able to use some chapter 90 projects that have been completed, will need to review these as well
with DHCD. She noted that applicants must be income eligible in order to be eligible for the program which is to address any health and
safety issues up to $35,000, with no monthly payments, no interest. MRC will only place a lien on the property for a period of 15 years
and if the property owner stays in the home, they would owe nothing, only when the property is sold during that term they would have
to pay 50%. There is no age requirement only the income requirement so anyone who meets the income criteria would be eligible. If
the property owner passes away and as long as the family retains the title, they do not have to reimburse. Only if they change title
before the 15 year term, will they have to reimburse. Board will need to provide a support letter, as will the Board of Health, the Building
Inspector and senior's in general to show their support as residents who will be using these projects to support it. As the application is
due December 10th, the board voted unanimously to continue the public hearing to December 7ih to finalize the documents.
CURRENT BUSINESS
1. Request from Salvation Army for Voluntary Road Block - Captain Mark Hager, Salvation Army Corps Commanding Officer was
present with Dave MacDonald of 155 Island Road, also a member of the Salvation Army Advisory Committee. Captain Hager submitted
a request holding a boot drive on the corners of. Whalom Road and Mass Ave. and in the center of town on November 27' from 9:00
am to 3:00 pm, as their Kettle Campaign Kick Off will be on November 11th. All monies collected from these events are put back into
meeting community needs, i.e., clothing, food pantry, fuel assistance and disaster services. Latest program is a bridging the gap
program to assist the youth of the community in ways to deal with stresses that they may be going through. Will be dressed in
reflective gear and have traffic cones. Noted that the Salvation Army's phone number is 978-342-3300 for anyone who may need
assistance: Tom motion to approve, Steve seconded, voted unanimously.
2. Contract for Municipal Aggregation Consultant - Kerry informed the board that we've gone through the process of issuing a
RFP and we received on one response for someone to serve as a consultant to assist the town in preparing bid documents for
Municipal Aggregation. Mark Cappadona was present from Colonial Power Group (CPG).
Paula questioned section 3.4 of the proposal and would like to understand CPG role and the town's role. Per Mark, CPG will be
working with the suppliers as will the town and you'll let us know that this would be agreeable to you and once determined then we
would work to execute a contract. The contract would be between the Supplier and the Town and CPG would work to ensure that the
terms of the contract are correct.
Ernie questioned the postage and mailing costs and methods of delivering the information and those that do not have access to either
cable of web. Per Mark with the DPU, to the average consumer we could have the form, the quarterly breakdown available at the town
hall. A mailing would increase the rate and is a necessary evil today, the information is too technical for the average consumer and
could be available in town hall. If the request were to come in then they could receive this information in the mail.
Tom questioned how CPG would receive payment and per Mark it would be through the supplier the .001/per Kwh charge by those
people who are in the program.
Paula questioned the town's role in the negotiation component, how does the process work. Mark explained the process on going back
and forth with the supplier; could ask the various terms etc., and have them (supplier) provide this information to the town. People
would have some input as to the term and what the output is. Per Kerry, the town has a consultant and he gives us a term, usually it's
been from 12 to 18 months. The Opt-out process is provided to consumer via a direct mailing and they could sign the form to come out
of the plan, if they do nothing, they would be in the program. Just bringing more choice, if they want to opt out, the consumer could also
place a phone call and within two days, they should be opted out, at any time if they so choose.
Ernie would like to question Mr. DiNapoli Municipal and Community Services from Unitil and informed the board that this an opportunity
for the town to move forward to aggregate as many times a year as the Town chooses. They are more than happy to assist the town,
as they are a distributor as this makes the town more competitive.
Tom move to approve the contract with Colonial Power, Ernie seconded, voted unanimously.
3. Contracts
a) Town Manager - Paula informed the public that the Board of Selectmen has signed a contract with the Town Manager for 3
years @ 2% increase, Ms. Speidel has been an asset to this town and pleased to announce that they've settled on a contract.
Kerry will receive:
1. 3-year term
2.2% salary increase per year.
3. Increase maximum accumulation of sick leave from 60 to 90 days
4. Increase severance pay by 1 month each year, for a total of 6 months in the final year of the contract
===PAGE 3===
5 1.5% performance bonus if score of 150 or higher is achieved on the composite evaluation
b) Town Accountant - wage reopener, Board of Selectmen voted unanimously to approve a 3% increase for this year as she has
did not receive an the previous year.
4. Minutes - Board of Selectmen Regular session for 9/7/10 & 9/14/10 and Executive Session for 9/7/10 reviewed and signed.
Warrants - #9 mb 11, 10/28/10 - $812.50, #24 11, 11/2/10 - $284,098.18 and #23 11, 11/3/10 - $306,719.64 reviewed and signed
Action File Issues - None
5. Committee Updates -
• Tom - teleconference with Mass Broadband Institute and they apprise of the the progress of the project. Have sent a letter to
the community Historical Commission and are requesting information on any historical structures. Will be doing the building
survey project and will be informed when they anticipate conducting, will keep town and schools apprised of when he recieves
notice. Also, mapping notification project and will work with either Comcast or the Towns Cable Committee to determine how
much coverage they will have.
• Dave - Finance Committee met last week and discussed articles on the Special Town Meeting Warrant and the Financial
Forecast.
• Paula - October 27% we had the first Chairs meeting, hopefully will be expanding. Kept meeting to slightly over two hours and
next meeting scheduled for December 8th at 6:15 pm, at the Ritter Building. Present: George Emond, BOH; Toby Bakaysa,
Planning Board; Bob Ebersole, Sewer; Don Bowen, ZBA; Rob Verge, Conservation; Paula Bertram, Selectmen, Kerry Speidel,
Town Manager. Discussed a number of issues:
1.
Toby indicated that the Planning Board is working on Master Plan, information and input from various departments/boards will
be needed. Questioned Status of Open Space Plan, Rob. Verge indicated plan is in final phases Sharon Jordan new member
is working on it with Brian Kibbe of Division of Fish and Wildlife.
2. GIS discussion - Sewer Department is looking to incorporate a GIS component into their system to identify sewer locations
and associated data. Much discussion regarding need of communication amongst departments and a central location for
data. Plan of Action:
a. Meeting with Assessors Department to determine what components of a GIS system have already been purchased
•. Circuits sure al on Department to tenth,
b. Circulate survey to all Town Departments to identify what software and databases they are currently using to ensure
that if a central depositary/permitting solution/GIS system are deployed that they can be utilized by all departments.
Need to involve technology department. Kerry and Paula will work on compiling survey and circulating to
departments.
c. Discussion about website and desire to have ability to view permit/project data through secure channels. Everyone
was informed that the website committee is recommending Oscend Technologies, everyone will take a look at their
site.
3. Need to incorporate feedback/input from all appropriate departments. earlier in permitting process was discussed. Toby noted
that currently Tech meetings are arranged by the Planning Director when a subdivision or development is submitted. It was
noted that the administrators attend these meetings; however feedback from the elected/appointed Boards is needed. Toby
will discuss current process with Planning Director and investigate ways to improve.
4. Issuance of earth removal permits - need input from other departments such as Board of Health and Conservation prior to
issuance to determine compliance with their regulations.
5. Need for all board/commission members to take the conflict of interest test. Some members have taken the test, others have
not yet; they will contact Town Clerk for link and information.
6. Toby asked when an email address will be available for all board members. Kerry will investigate with Network Director.
7. Need for training by both staff and employees emphasized. Currently there is not funding within budgets for training. Rob
indicated that several members of the Conservation Commission attend the MACC meeting annually at their own expense.
Everyone was asked to identify seminars and training sessions that they would like their staff and members to attend and
associated costs.
Next meeting scheduled for December 8'n at 6:15 p.m. at the Ritter Administration Building. Will be working on a survey to circulate
among the departments to determine how they are tracking projects etc. All are interested in what has been happening as far as the
website and what we will receive from QScend. Need for the compliance with the Conflict of Interest requirements and updating of
emailing addresses. Also, need for training for both staff for things such as "Smart Growth" which are currently being paid for
individually or they are not able to attend. The need for training in technology as this is one area that has consistently been cut within
the budgets. Tom commented that we really need to get a handle on what the costs are and need to incorporate this back into the
budget as it's necessary to give the employees the skills they need to do their jobs efficiently and effectively.
• Paula - Planning Board meeting on October 25t, Development Plan Review for the United Parish. Looking to expand the
church across the street which is just in the beginning of the process. Proposing to reconfigure the parking spaces on
===PAGE 4===
Memorial Drive to have them "head in" and would like to have this on next weeks agenda. Need to check on the timeline as to
when we can comment until, noted that it's important that the board provide input.
• Ernie PACC met last evening and have recommendations to the Town Manager for the position. No Capital Planning meeting
until this Thursday. Paula noted that there is an application in the Action File for PACC and per Ernie they (PACC) have
spoken with Mr. Wallman of 42 Houghton's Mill Road and would like him appointed. Kerry has tentatively scheduled PACC for
the November 16% Board of Selectmen meeting. Regarding the new programmer position; several candidates have been
interviewed for production and administrative areas. They are looking to hire two people, one for up to 10 hours per week and
the other for up to 15 hours per week.
6. Department Updates - None
7. Town Manager Updates -
• Awarded a DEP grant that we applied for in July to purchase compost bins for $750.
• The Website task force did recommend QScend for the website and we've been able to negotiate a very good price. Funding
will come from unexpended technology appropriations from FY'07 to FY 09 for $15,000, first year for installation and
maintenance. Paula would like to understand what modules specifically were purchased and would like to know specifically
what communities are using them. One is a scheduler program and content is main component. Citizen relation manager that
enables a host of various contacts with citizens, anything from a burnout street light, potholes, just general contact with town
departments. Allows for numerous calendars. Paula questioned who manages the content and per Tom the migration of our
current content into a basic format will be migrated into the new format and we will receive training. Paula really wants to
understand how easy it will be to upload the content, who is going to administer the content. Per Tom this would be a
determination of the Town Manager or the Technology Director as to how this would work. There are training opportuities, they
have on line training. They will not be redisigning anything, just uploading content. Copy of the contract will be provided to the
board as well as a list of communities that utilize this vendor.
Per Kerry, we will deploy the website by establishing a framework, what is acceptable, the procedures and thought this would
run in tandum with the new vendor. The issues that need to be addressed with policies and procedures, envision that this
would be a joint effort and we will discuss the launching of the website. Provided a copy of the General Bylaw establishing the
Computer Advisory Committee, in the three years since Kerry has been here, doesn't believe that the committee has operated
as the charge in the bylaw states. Noted that when she started the committee was made up of department representatives
and has since been reorganized with members of the community that are experience in technology and would like to discuss
this board having a liason to the Committee to get this group back on track. Paula noted that she served as Chair of this
Committee over 20 years ago and at the time was very active group. Noted that we have a real need for an active Computer
Advisory Committee to address the needs, and how to deploy and see that we need to get this re-activated. Kerry would like
the board to consider and questioned if they had any thoughts on this and would like the members to get back to her. Per Tom
currently the perception of the Committee is that a nine person committee is difficult due to the number and their role as
advisory as we are lacking a mechanism to disseminate the work as we really need people to do the work. A more active
committee that could take a task such as the website, they will learn it and set up training opportunities. Paula would like to
revisit the Charter of the Computer Advisory Committee and have changes ready for the spring town meeting, to contact the
Advisory Committee.
OLD BUSINESS
1. Special Town Meeting Warrant Articles - Per Kerry the articles need to go out to the printer in the very near future and noted that
her recollection of the conversation on the health insurance special legislation.
ARTICLE HI move that the Town vote to authorize the Board of Selectmen to petition the General Court for special legislation to allow for a
special act to read substantially as follows:
AN ACT AUTHORIZING THE TOWN OF LUNENBURG
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows;
law to the contrary, the Town of Lunenburg is authorized to negotiate and purchase group insurance policies for Employees, Retirees and
Dependents without being subject to collective bargaining as defined in M.G.L. Chapter 150E.
SECTION 2 Further, the Town of Lunenburg is also authorized to alter current and future plan design features, and that such action not be subject
to collective bargaining as defined in M.G.L. Chapter 150E
SECTION 3 Further, the Town of Lunenburg is also authorized, but not mandated to participate in, and/or join the Group Insurance Commission
("GIC") pursuant to M.G.L. Chapter 32A, and such action shall not be subject to collective bargaining as defined in M. G.L. Chapter 150E.
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.
Adopting MGL Chapter 32B, section 19 doesn't prohibit us from moving forward. Paula does not want to move forward with the special
legislation as the PEC has been working with the town and she doesn't see a need at this time. Dave completely disagrees as things
aren't going to get any better and we need to have every tool that is available and agrees that the employees have been very heiptul
===PAGE 5===
These points would be added onto the final overall score of your entire application. 1f your application scores an 80, and if you qualify
for the bonus points, they would add 10 to the 80, for a total of 90. In the last 3 years funding round, every application that received
funding scored the bonus points. So it is very important that we try to fulfil the criteria to receive all of the bonus points available.
1) Integrated Projects: To meet this requirement, you need to have two (2) projects that will be undertaken in the same target area that
addresses a similar topic. The Town is proposing the senior center parking lot and housing rehabilitation; which are within the same
target area.
2) Complimentary project funds: To receive these bonus points, you have to show that town funds (non CDBG funds) were spent within
the target area on a community development type project, but it can't be for regular maintenance
issues/projects. The installation of a new sidewalk, replacement of water lines, installing playground equipment, feasibility studies, etc.
would be eligible. This is very important, the Town needs to get me a listing of any projects that have occurred within the last year (Dec
10, 2009) or that will occur in the next year (Dec 10, 2011) so we can find ones that meet the criteria.).
Community Development Strategy: The strategy needs to encompass the needs and impact of the town as well as address a
comprehensive, integrated approach to the town's community development priorities. The criteria were increased last year to four
issues that need to be met.
1. The Community Development Strategy must describe the manner in which a community has identified and will accomplish projects
and activities which include, but are not limited to, the subject of the current CDBG application;
2. The Community Development Strategy must conclude with a list of projects and activities in order of the priority in which the
community intends to undertake them;
3. The Community Development Strategy must identify the geographic target areas if any that are intended as the focus of community
development efforts;
4. CDBG applications must document that a Community Development Strategy and its priority list were discussed at a separate public
forum, meeting or hearing, held at least one (1) month prior to the submission of a CDBG application in order to allow for timely
community input. Compliance for this requirement must be documented by copies of meeting announcements, attendance lists and
minutes. Minutes must reflect that the Community Development Strategy and priority list have been presented and that discussion has
occurred.
Distributed copies of last year's strategy, attached. The Town needs to review the document and make any necessary changes,
revisions, deletions as may be needed. The revised version of the strategy will then be presented at the next public hearing, to be
scheduled in late November, and the Board will need to vote to adopt it, The Community Development Strategy cannot exceed seven
(7) pages in length. MRPC is requesting the 805 to continue this hearing until another 805 meeting in late November. Any grant award
to municipalities with CD Strategies that do not meet the four criteria above will be subject to special conditions that address
Community Development Strategy criteria.
Support Letters:
Every year MRPC solicits support letters from various politicians, town officials, departments and committees, and citizens.
Housing Rehabilitation:
To date, we have only four (4) applications on the waiting list. We need to have more than that to show the state that there is a demand
and a need for the housing rehabilitation program. We have to include a second project in the grant in order to score the first 5 bonus
points so we have to work to increase the number of pre-applications. In the FYI 1 program, the application request will be to assist
approximately 10 households so we need to have at Least 20 on the list..
MRC is requesting an announcement be made during tonight's hearing that additional households residing in the target area are
encouraged to apply to continue building the waiting list. We also suggest a town mailing to the households within the target area.
MRF'C will supply the letter and pre-application form but are requesting the Town supply MRPC with town envelopes, mailing list and
postage.
MRPC will be working with the Town Manger to update the Community Development Strategy to be incorporated with the application.
Paula commented that she is having fundamental issue with the parking lot and the costs associated with this project. She would be
very interested in seeing the breakdown of the estimated costs. Advocates the need for additional parking for the elderly and even
though she understands that this is a grant and we have a responsibility to ensure that the money is spent as efficiently as we can. Per
Shelly the costs have gone down significantly and the designer is developing estimates on the project costs. They will be dropping off
bidding documents and will provide to the town, will copy the breakdown of the schedule with what they expect the line items to be.
Shelly provided a listing of the streets and a map of the Target Area, which is posted on the website, the cable station and in town hall.
Doreen read the target area street list:
• ONE SET, NEAL SET AGENT D, WE NINE LIEVE ANE
LANCASTER AVENUE, LAUREL LANE
LEOMINSTER ROAD, LINCOLN STREET, MAIN STREET, MASSACHUSETTS AVENUE, MEMORIAL DRIVE, NORTHFIELD ROAD, OAK
AVENUE, PINE GROVE ROAD, POND STREET, PROSPECT STREET, RANGELEY ROAD, REDWOOD ROAD, SAVAGE DRIVE, SCHOOL
STREET, SKYLARK LANE, SUNNYHILL ROAD, TURKEY HILL ROAD, TYLER DRIVE, UPLAND AVENUE, WEST STREET, WHALOM ROAD,
WHITING STREET, WILDERWOOD AVENUE.
===PAGE 6===
with the insurance costs. We need to be able to manage this cost fairly but aggressively, think we can be fair and still work with the
PEC, they can always go elsewhere to work.
Tom questioned if anyone has passed this already and whether the legislature has passed this. Per Kerry, no it's been either the city
council or town meeting, but nothing as she understands it has been sent to the legislature. As such, if we don't have the certainty that
this will go through the legislature and if you attempt to pass this and it doesn't go through, then we have set the stage and really risk
damaging the relationship with the employees. Don't know what we gain, but right now without that being known would be against
moving this forward. Steve concurred with Tom and that we should let some of the decision making come through them (PEC) as
they've been part of this in the past. Understand what we're trying to do, but think that we've been doing a good job at bringing the
costs down, may not be as fast as he would like but it's being done, but even so, he would not be in favor of this right now.
Dave pointed that it's possible to manage without being territorial, plenty of opportunity out there. Don't see how this would totally
undermine a working relationship with employees.
Ernie commented that this does give us another tool to manage our costs, how we manage this tool is up to us. Personally to force
something on the employees, sometimes you have to, but if we don't have the tool we can't do this.
Dave recommend that we do not put on this warrant and get the information that was requested, Tom seconded so long as we have
the opportunity to get information from our employees, Town Counsel and the legislature. Board voted unanimously to remove and
have available for the spring town meeting:
COMMITTEE APPOINTMENTS/REAPPOINTMENTS/RESIGNATIONS
None
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.
Being no further business board voted unanimously to adjourn Regular Session at 8:56 P.M. and opened Executive Session by roll call
vote, Steve aye, Tom aye, Paula aye, Ernie aye and Dave aye, in accordance with M.G.L. Chapter 39, §23B(3) for the purpose of
discussing 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. Chairman announced that the
Board would not be returning to Regular Session
Respectfully submitted,
Laura Williams, Chief Administrative Assistant
Board of Selectmen
===PAGE 7===
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========================================================================================
DOCUMENT : 2010-11-09-agenda-4738.txt
BOARD    : select-board
DATE     : 2010-11-09
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2010-11-09-agenda-4738.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11092010-4738
========================================================================================

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