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DOCUMENT : 2010-11-23-minutes-4740.txt
BOARD    : select-board
DATE     : 2010-11-23
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2010-11-23-minutes-4740.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11232010-4740
========================================================================================

===OCR macOS Vision===
===PAGE 1===
BOARD OF SELECTMEN
MEETING MINUTES
11/23/10
The Board of Selectmen met in the Town Hail, Joseph F. Bilotta Meeting Room as scheduled with Paula Bertram, Steven M.
deBettencourt, Emie 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
Tom wished everyone a special Thanksgiving.
: Dave noted that next week is Special Town Meeting and urged everyone to attend.
ANNOUNCEMENTS
APPOINTMENTS
1. 7:15 PM Liquor License Applications, Public Hearing Continued from 11/16/10 - Reconvened Public Hearing on the two liquor
license applications from November 16, 2010
1) Alliance Energy LLC, d/b/a Mr. Mikes for a Wine & Malt License. This license is be exercised at 131 Massachusetts Avenue,
Lunenburg MA.
Per Kerry the outstanding issue is that we were waiting for the CORI to be forwarded to the town.
2) Central Mass Gardens for a Wine & Malt License. This license is to be exercised at the premise located at 621 Chase Road,
Lunenburg MA.
Per Kerry, the tax issue has been resolved, noted that office is still waiting for return of the CORI check.
Tom has sent an email to both the State Senator and Representative asking them to lobby to remove the cap (quota) on number of
licenses allowed as we, as licensing authority should be able to grant and shouldn't be put in a position to have to deny when we feel
they are good business owners.
Dave noted that it's really challenging to pick one establishment over the other and is unsure as to which way to go. Ernie concurred
and visited both establishments this week. Noted two separate areas of retail, one tied to of an established gift shop and the other is an
established retailer. One is in one area of town that is very rural and the other is more of an urban setting. Noted that there are a
number of establishments in close proximity to Mr. Mike's that sell alcoholic beverages as such he is inclined to give the license to
Central Mass Gardens as this area has no alcoholic licenses in the area and hopefully we'll be able to obtain another license from the
State and be able to grant to Mr. Mikes.
Steve noted that ideally, it would be to give out the two, but we don't have that option. Noted, that he initially was the one to put out the
idea of having establishments on the outskirts. Many of the beer and wine licenses are set up as conveniences; and noted Whalom
Variety. To put out by Central Mass doesn't feel would be in the best interest to be used as a convenience, sees a lesser use than what
is available at the gas station / variety store and feels that this would be a better use of the license.
Tom mentioned last license was rejected exactly for the reason that Mr. deBettencourt said and this doesn't make sense as there is no
one (establishment) on Route 13 in that location. Would like to take a shot at putting something that isn't readily available and to
promote unique facilities is something that he would like to do and for that reason, would be in favor of supporting a license for Central
Mass.
Paula thinks that this is a matter of convenience and for that reason would vote to put the license at Mr. Mike's. She will support having
the special legislation to allow the board granting more licenses.
Dave noted that just geographically and for a new value to the town, he would motion to grant license to Central Mass, Tom seconded,
Dave aye, Tom aye, Ernie aye; Steve and Paula no.
2. 7:30 PM Pedlar's License for Richard Woods d/b/a Rick's Foods - Per Kerry, we are still waiting for the food service permit and
satisfactory CORI check. Mr. Richard Woods has submitted an application for Pedars License to operate (Harold Woods (brother)
would be operating the mobile unit) a mobile food service at 84 Lakefront Ave. (RG Scooters). Mr. Woods also provided a document
from Rhonda Newman, owner of RG Scooters giving him permission to operate at her location and to use that location as a base of
operations. The permission also allows Mr. Woods to receive, store and prepare perishable food items at this location and utilize
restroom facilities at this location. They will be selling hotdogs, homemade sandwiches and soups. He will be preparing the foods at
RG Scooters during the evening hours and hope to also have operational in the morning. Ernie motion to approve contingent upon
satisfactory CORI check and food service permit, Steve seconded voted unanimously to approve.
===PAGE 2===
3. 7:45 PM Trish Domigan, VHB, Summer Street Alternatives Analysis -
Kerry informed the board that for more than a year, we have been working on identifying funding for the design portion of the Summer
Street Road Reconstruction project. We need to move forward on one or more aspects of the design in order to move from the
Appendix of MRPC's Transportation Improvement Plan to a specific funding year. The last time you met with the Engineer, you asked
her to prepare a Scope of Work for an Alternatives Analysis, which is one aspect of the project design. The Alternatives Analysis wil!
allow us to more precisely define the construction project, which could have a significant impact on the total project costs. Attached is
the requested Alternatives Analysis composite. May be possible to pursue with the City of Fitchburg and noted that any contract would
come back to the board.
Kerry informed the board that she also had a very positive meeting earlier this week with the Engineer, the State Permitting
Ombudsman, DPW Director and representatives from the Cities of Fitchburg and Leominster. The Permitting Ombudsman was very
interested in the project and has pledged her support of it. She will be working with us to secure additional funding for the design. Last
year, we submitted a grant application to MRPC for survey work related to this project. The application was rejected as MRPC
determined that the request was outside of the scope of the grant program. The State Permitting Ombudsman actually oversees this
particular grant program and she advised us that the survey work is eligible. She will be calling MRPC to advise them of this projects
eligibility. The filing period for this grant is now open for the current fiscal year and we will be resubmitting an application within the next
few days.
Trish noted that the stretch of road in Leominster is residential and as such they, VHB, would not be proposing an alternative analysis
for that section, whereas the Fitchburg stretch of the roadway is very similar to Lunenburg.
Paula estimated design fee is $600,000 and noted that when we get the final street scape concept and whether this would reduce the
cost of the design and per Trish until they have a definitive answer on what they would be designing, she really couldn't say. Paula
questioned how this would tie in with the. grant programs available with the state and per Trish the state has now consolidated the grant
program structure into one program, twice a year, once in September the other opportunity is working with Congressman Olver's office
to see if there may be federal funding available.
Per Kerry, the funding that goes through MRPC, through the TIP Program, and it is highly unlikely that they would have funding
available to the town until 2014.
Paula noted that one of her concerns is the peak flow during the weekends as there is a major retail component and this proposal
specifies two 48 hour counts, would like to ensure that a weekend count is included and per Trish are able to include a weekend count.
Dave questioned if there are going to be any borings and per Trish as part of the full build design there will be test holes dug and
analytical design the engineers cost is tied directly into the scope. This (Alternative Analysis) is a component that could be taken out of
the overall design contract there will be two public outreach meetings in Lunenburg and because Fitchburg wants to be included, the
proposal will be reduced by about $5,000 as you would be sharing the cost of the traffic analysis. The grant that the town previously
applied for was for the survey, the length of the roadway and this is what the town will re-apply for through MRPC. There is a second
grant opportunity with the state and she is putting together a package so that the town can go to MASS Development to request
funding.
Tom noted that it's good to get alternatives up front and has no problem with the scope of services. Think it's good to keep progressing
with this as without the State's help doesn't see how we could get this accomplished
The cost is $56,000 and Kerry is requesting that this expenditure be funded through a Free Cash Appropriation at the Special Town
Meeting later this month. Noted that the reason we have free cash available is due to the fees that were collected at the local level with
respect to the TriTown development and Emerald Place.
4. 8:00 PM Colonial Power Group - Municipal Aggregation - Kerry provided a copy of the draft Municipal Aggregation Plan which
will be officially submitted to the Department of Energy Resources for consideration, if and when, Town Meeting declares its intent to
aggregate its electric load as a requirement of state law. We have recently learned from DOER that we should have a public hearing
which will be scheduled for next month.
Brian Murphy, of Colonial Power Group was present and noted that the first item that needs to be taken care of is town meeting vote
and then the plan which is before the board tonight. Key component is the involvement with UNITIL and they have been very good at
assisting the town with this process.
Paula noted the projected timelines for DU approval and what does Brian see as to how quickly this would take to get approved. Per
Brian, would plan for three months and you'll generally get the answer that the town is looking for. Within a month of filing, DPU will
hold their own public hearing so in effect you will be having two public hearings one in town and the other at DPU. Would also have to
go through the process of soliciting bids from suppliers and would envision this taking until June of 2011.
Paula has a concern about the negotiations being conducted solely by Colonial and wants to be sure that the board is an active
participant within the bid process. Per Brian, it's basically about the price and this is something that Ms. Speidel will be involved with on
a daily basis, the negotiations, Colonial will be working out with the town as to how a master template contract will look and be
approved by the board.
Tom questioned when does Brian foresee the town getting the benefits for the town and per Brian they are shooting for June 2011.
===PAGE 3===
5. 8:15 PM Chriztine Foltz, Historical Commission, Jones House - Chriztine Foltz of 284 Lancaster Ave, presented information to
the board regarding the article on Special Town Meeting for the sale of the Jones House property as follows:
A few years ago a selectman (Mr. Mathews) questioned - why the Town of Lunenburg owned a property that we were renting; it was in
reference to the Jones house. The Lunenburg Historical Commission, in consultation with the Selectmen, took this as a call to study its
history and potential. As a result of our research, the Commission has come to recommend that the Town sell this property, which is
why it is coming up as an article at town meeting next Tuesday.
The Jones House is a unique, historical, residential structure. It was originally built in 1835 as a 2 story schoolhouse, it was purchased
by Major George Jones, where it gets its name, and moved from the Lower Common to its present site at 42 Main Street where it is
nestled between the Chester Mossman Teen Center and the original Congregational Church. The Jones House is one of Lunenburg's
most significant historical houses, as it was the home of the nationally known horticulturist and botanist Luther Burbank from 1872-
1875. Its historical provenance comes from the fact that the first "Burbank" russet seed potato was grown in the garden attached to the
property, where "Kid's Kingdom" is now located, and this seed potato was then taken west by Mr. Burbank.
Lunenburg has owned this property since 1945, and as a landlord we have shown benign neglect as adequate maintenance has not
been provided by the Town, including the exterior which has not been painted since 1987. In reality, we have not spent the necessary
money to maintain the house, nor have we made money on this house through taxation. At the moment the house is in a state of decay
that needs immediate attention, which in today's economy the Town would be hard pressed to afford
The Historical Commission recommends the sale of this property and has created a Request for Proposal to do so, to protect its
historic value to the Town. In the RFP are protective covenants that the buyer would have to agree to as conditions of the sale and are
stated in the scope of work. The major points are that this house and bar may never be demolished and that the exterior façade must
be rehabilitated to its original period look and thus be preserved, but the interiors may be modified as the buyer desires.
The sale of the Jones House, the Historical Commission believes, would be a viable, cost effective, solution that would remove the
Town from being the landiord of this historic property and return it to the tax rolls. The sale and RFP would initiate the protection of one
our community's most significant historical properties and in so doing would enhance the center of our town.
Paula expressed appreciation to members of the Historical Commission for all the work that they've done to assist the board in putting
this property back on the tax rolls.
Dave noted that this property has always struck him as such as embarrassment and the way it stands now is through sheer neglect, we
could never afford to bring it back.
Tom agrees with the Chair and Mr. Matthews and the key to getting this accomplished is hitting the right market so that it remains the
historical treasure in this town. Kerry informed the board that we have a list of five interested parties that have followed this very closely
and there are responsible people that are looking at this property.
Ernie also expressed appreciation to all the members of the Historical Commission.
CURRENT BUSINESS
1. PACC Update, Introduction of Coordinators -Martha Cheesman Chair of the Public Access Cable Committee (PACC) and
member Fred Crellin introduced recently hired Coordinators Joann McLaughlin as Administrative Coordintor and John Gugarty as
Production Coordinator for the PACC. The Committee is hoping to get more programs scheduled and moving forward with productions
for the Public Access television station. Also introduced Michael Wahlman of 42 Houghtons Mill Road, a student who is interested in
being a member of the PACC Committee.
Michael is interested in the video taping and is involved with the video club, hopes to pursue as a career.
Dave motion to appoint Michael Wallmann Tom seconded, voted unanimously.
John would like to get a base of operations to set up, studio space where members of the community can come for training and to
produce programming and supplementing with town and government events.
Joann McGlaurglin, has worked in Shirley Public Access for past 6 years and her plan is to reach out to community to find out what
their needs are to make the channels better.
Tom noted that he was very excited and thinks that this is a wonderful opportunity for the town and would encourage boards contact
them so that they can have their meetings televised.
John informed the board that they have done some initial looks at the Brooks House and hopefully by January 2011 may be able to get
up and running with a studio in that location. Hope to be able to eventually be able to televise various sporting events and this should
be accomplished within six months.
Ernie expressed appreciation to members of the PACC for so actively recruiting applicants. Tom also recognized John Dextraze as
he's been working in the studio for years; he's been here for all the debates, special meetings and has done an impressive job for the
town.
Request for Permanent Closure of Holman Street at bridge - Kerry has received a response from both the Fire and Police
Chief and they don't have an issue with closing the street at the bridge. DPW Director Jack Rodriquenz came before the board to
inform them of the plan for sanding and plowing the road during winter operations and they have been granted permission to use the
driveway of Saundra Lane as a turnaround. Don't see this as setting a precident, noted number of streets that are accepted roadways
and in one form or another are without appropriate turn arounds or cul de sac.
===PAGE 4===
Paula noted the cost of repairing was going to be cost prohibitive and questioned estimates to have repaired. Per Jack we had one
estimate at approximately $5,000 and noted that one of the property owners, Steve Whitman who is also an engineer noted at the prior
meeting the number of road repairs which would be cost prohibitive. Noted that the time to plow and sand would be negilible and would
like to proceed with having a letter on file with a sketch showing the area and that she's agreeable to this. Ernie noted the signage on
Route 13 and would like to see this moved out more towards Route 13. Per Jack they intend to place signage along Route 13 south
bound and plan on getting in some permanent signage and located in a better place.
Dave's concern is long term and would like to legitimize and need to make sure that we're doing more for notification than what we're
doing currently. Personally in favor and would like to have a public hearing on this. Tom concurred and echo's Mr. Matthews concerns
and at this time wouldn't be in favor and would like to have the proper turn arounds at the end of the street. Per Jack it doesn't appear
at this time that we have enough area for a tumaround. Paula would like to get some diagrams and perhaps could get through GiS as
she doesn't want to find herself in a situation where we find ourselves in a liable position. Ernie agrees that we need to have the
easements in place before the board takes a final vote. Tom noted that we should at least follow our own zoning and protocol. Paula
noted that if this were to be in accordance with zoning there would be a large area in order to do this and for this reason would like to
have maps, GIS available to the board before the public hearing. Town does have structural reports on the integrity of the bridge and
will be provided to the board. Jack noted that we have received about $4,000 from FEMA to repair the bridge.
Steve didn't see the information on why the bridge was closed, was it a catastropic failure. Questioned why we can't get the repairs
done and open the bridge again. Jack noted that this is not a bridge that is regularly inspected by MASS DOT. FEMA's statement is
that they would only give us enough money to make us whole, not to address structural integrity of the bridge. It's more that just putting
the granite back as we now have to address the lines of site. Per Steve, this looks more like a culvert than a bridge. Jack is all for
putting together if this is what the board suggests, but noted that we have to be concerned about the structural integrity.
Paula would like to see the information from VHB, the FEMA report, GIS to review.
3. Minutes - None
Warrants - #29 11, 11/24/10 - $146,813.39, #11P 11, 11/24/10 - $672,182.12, #28 11, 11/23/10 - $621,409.04 and 2nd Qtr Water,
11/23/10 - $486.90 reviewed and signed.
Action File Issues -
•Tom mentioned that a resident that on Lancaster Ave and Route 2A and questioned the marking on Lancaster Ave. whether it's
two or one lane and would like to have this looked into and if there enough width to have a turning lane. Dave also noted the
striped area on Lancaster Ave. and that if this area were straightened out, would be less confusing. Ernie also noted that that the
area where Leominster merges onto Lancaster Ave. is another issue. Steve, Whalom Road was missed on all lines and particularly
in the area of the new rotary, would like to see that a double line is installed. Also, noted the "S" curves on West Street and would
like to see this area re-striped as he believes that it is a bad situation. Kerry will have DPW Director look into this and discuss
whether he is comfortable with these corrections or whether we should have an engineer look into these. Ernie also noted the
area of Pioneer Drive coming into Leominster Shirley Road and the site line because of the bushes.
4. Committee Updates -
• Dave school committee met last week and in early budget stages. They have worked out a fee arrangement for people who
use the gyms and work through the Parks Department to pay for the utiities.
> Tom Finance Committee met on Thursday and discussed at length the budget recommendations and the police cruiser and
took a final vote to recommend approval for the two base vehicles. They followed Town Manager's recommendation of everything
else. Their thought was to accelerate what the police department would have been seeking in May and instead will be asking for
the purchasing of the vehicles in March.
> Paula update on Unitil meeting on November 18", spoke on the vegetated management plan. Currently are planning for the
2011 plan and expect to have available at the end of January. Have not received any negative feedback from DPU on the
management plan. Currenly we're on a 5 to 7 year plan and they are proposing accelerating to a 3 - 5 year plan. Stressed that we
need to have a planning strategy session on the aggregation plan, should this be approved. Pearl Brook will be receiving $43,000
in energy efficiency rebates. There is a first responser gas luncheon scheduled for December 15'h at the Mariott, and Chief Glenny
and Chief Bourgeois as will Kerry will be attending and if any members of the board are interested in attending to let either Kerry or
Laura know. With respect to the solar energy benefits there is a virtual metering cost which will then be passed on to the rate
Dave questioned who would be building the facility and per Tom we would be going through an RFP process. Ernie also noted that
there is some state funding that may be available. Paula noted that she has a concern with the town lowering their energy bill and the
cost being transferred to the residents. She has asked for a summary on this and would like to provide the board with more information
once received. Unitil is also conducting an energy audit on the Town Hall and the Ritter Building which should be completed within 60
days. Also, the issue of pole lights and the process that can be done at Unitil's end to stream line this and will publicize the information
from Unitil on the proper process to be followed. Should usually take 7 to 10 business days and if the situation has not been taken care
of by then, to call Unitil and report once again.
===PAGE 5===
Tom totally disagree that they (Uniti) even have a 5 to 7 year plan, but he is glad that they are advancing this. Questioned whether
they spoke at all on the audit that they are supposed to have in place as a result of the ice storm of 08. Paula has not received anything
on this, but will discuss at their next meeting and agrees with Tom with respect to the vegetated management plan. Very concerned
about the potential rate restructuring.
Tom noted that the one thing that's missing from this process is that the town is being bypassed, especially if they do not respond. He
feels the resident should be in touch with the town and we should ensure that we do the follow up that they have corrected. Per Kerry
we initially got involved because the residents were calling and weren't getting results and feels that Unitil would be willing to provide a
report. Tom's concern is the safety of the town and that at some place there is an official policy that there is a process to be followed.
Kerry will speak with John DiNapoli to see what he could provide us to ensure that these issues are being addressed.
5. Department Updates - none
6. Town Manager Updates
A) Fleet Expansion Kerry would like to have staff present in case there are any specific questions. Noted that we have license
renewals coming up for one of the board meetings of December.
OLD BUSINESS
1. Special Town Meeting Warrant Articles - Kerry provided the attached spreadsheet showing the changes in revenues and
expenditures from the May town meeting.
a)
FY2011 Budget Adjustment - looking at reducing Monty Tech assessment by $2,096 and appropriate for remaining
snow and ice deficit of $51,100.02 and the ice storm deficit of $143,591.49.
b)
IBPO Contract - pass over making progress but no way that anything will be ready.
C)
Dispatcher's Contract - to be discussed in Executive Session
d)
Summer Street Alternatives Analysis - would be appropriated from Free Cash
e)
Police Special Detail Fund - IBPO have agreed on the amount of $5,000.00 and this would be appropriated from
Free Cash (requirement of the negotiated agreement). Kerry provided the board with historical data as to the level of activity in this
account in a prior email. Board's concer is that the contractor should be paying according to progressive terms, should be COD. Kerry
will check into this and get back to the board. Also noted that the School Custodian Detail Account; the School Custodial Detail
Account is authorized under MGL Chapter 44, Section 53E ½. Revolving Accounts established under this provision of MGL need
annual authorization [Town Meeting] and need to have a "not to exceed" cap established. These types of Revolving Accounts can only
pay out what comes in and therefore cannot front any cash. The not to exceed cap established for this fund at the last Annual Town
Meeting was $25,000.
The Police Detail Account is authorized under MGL Chapter 44, Section 53C. This requires only a one-time authorization. The only
other time Town Meeting action is needed is to make an initial appropriation and/or to change the appropriation. This type of account
can be over-expended up to the amount of the appropriation and therefore can front cash.
Purchase of Police Cruisers - appropriation would be $29,000.00 from Free Cash and transfer $18,716.51 from
Salary Reserve appropriation for the purchase of two cruisers and no equipment. Kerry has spoken with the Police Chief and he is
going to support the purchase of two at town meeting.
Kerry has a meeting with the Town Moderator for 5:00 PM on Monday to review the articles and go through the sequencing.
COMMITTEE APPOINTMENTS/REAPPOINTMENTS/RESIGNATIONS
1. Green Communities Task Force Alternate position; office has a Talent Bank form from Neil Sullivan and will forward to Task
Force.
EXECUTIVE SESSION
1. M.G.L. Chapter 39, §23B(3) to discuss strategy with respect to collective bargaining or litigation if an open meeting may have a
detrimental effect on the government's bargaining or litigation position. Also, to conduct strategy sessions in preparation for
negotiations with non-union personnel; to actually conduct collective bargaining and contract negotiations with non-union personnel.
UPCOMING MEETING SCHEDULE
November 30, Special Town Meeting
December 7
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 6===
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
VANASSE HANGEN BRUSTLIN, ING.
AND
TOWN OF LUNENBURG
SUMMER STREET ALTERNATIVES ANALYSIS
LUNENBURG, MASSACHUSETTS
VHB PROJECT NUMBER 99901.15
November 4, 2010
This Agreement is composed of Parts I and II. Part ! includes compensation, details of
the services to be performed and timing of the services. Part I| (attached) contains the
General Terms and Conditions of Agreement, which are the general terms of the
engagement belween the Town of Lunenburg hereinafter called the "CLIENT," and
Vanasse Hangen Brustlin, Inc., hereinafter called the "ENGINEER."
PART I
COMPENSATION
1.
$49,500.00
$ 5,000.00
$ 1,500.00
TOTAL ESTIMATED COST
$56,000.00
* Labor fee is defined as the fee for direct labor, overhead, and profit exclusive of
direct costs.
2.
The total estimated compensation for performing the Scope of Services for Tasks 1
through 4, described in detail in the Scope of Services of this Agreement, is estimated
below:
Fixed Labor Fee*
Estimated Direct Costs
Data collection (ATR's)
The breakdown of the Fixed Labor Fee is as follows:
Phases
Fixed Labor Fees
1.
Field Reconnaissance
2.
Transportation Analysis and Assessment
3. Streetscape Analysis and Assessment
4.
Project Meetings
2,000.00
17,000.00
22,500.00
8,000.00
TOTAL FIXED LABOR FEE
49,500.00
livho|projWal-TE111179.001ContractAdminlContracislDrafimergedscopenov410.doc
===PAGE 7===
3.
5.
6.
The total Fixed Labor Fee for services rendered in Phases 1 through 4 will be invoiced
monthly as a percentage of completion.
The ENGINEER will not exceed the total estimated cost as stated herein without the
writlen approval of the CLIENT.
All direct costs (reimbursable expenses) for items such as printing, reproduction,
supplies, photography, transportation, mail, faxes, deliveries, telephone, ATR's will be
invoiced to the CLIENT at cost. An initial upset limit for direct costs of $5,000.00 has
been established
All schedules set forth in Part I of this Agreement begin upon receipt of a signed
Agreement.
PERIODS OF SERVICE
1.
The ENGINEER agrees to render services for Phases 1 through 4 within 12 months of
the date of execution of this Agreement.
2.
The specific period of performance, schedule, and compensation are subject to PART
I - GENERAL TERMS AND CONDITIONS, 3.0 PERIODS OF SERVICE.
VHB
ivholoro/Wal-TE111179.001ConlraclAdminlContractsiDrafivmerged
scope.novt10.doc
===PAGE 8===
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
VANASSE HANGEN BRUSTLIN, INC.
AND
TOWN OF LUNENBURG
SUMMER STREET ALTERNATIVES ANALYSIS
LUNENBURG, MASSACHUSETTS
VHB PROJECT NUMBER 11179.00
NOVEMBER 4, 2010
APPROVED FOR
VANASSE HANGEN BRUSTLIN, INC.
(ENGINEER)
Bukar
APPROVED FOR
TOWN OF LUNENBURG SELECTMEN
(CLIENT)
By:
Tille:
Date:
Reg.
11/5/10
AGREEMENT REVIEW
By:
By:
By;
By:
By;
Project Manager Initials:
Reviewer Initials:
Date:
APPROVED AS TO
AVAILABILITY OF FUNDS
By:
By:
Town Accountant
APPROVED AS TO FORM
Town Counsel
VHBR
llyhbiprojWat-TEl11179.001ConlraclAdrinlContracts/Drafinergedscopenov410.00c
===PAGE 9===
SCOPE OF SERVICES
DESCRIPTION OF SERVICES
The following scope has been drafted to provide an alternatives analysis for various corridor
configurations on Summer Street to address current deficiencies in traffic, pedestrian, and
bicycle accommodations, as well as landscape and gateway features.
Specifically, VHB will develop conceptual design alternatives for the section of Summer Street
between the Fitchburg City Limits and the Leominster City Limits, in Lunenburg to reduce
pavement width, improve pedestrian and bicycle circulation, bring identity and character to
Summer Street. The primary purpose of this analysis is to reduce the Summer Street roadway
cross section, realign the roadway to better accommodate the adjacent land use, define
vehicular access, pedestrian and bicycle mobility, recommend streetscape improvements that
will enhance Summer Street while taking into consideration traffic flow through the area, cross
walk locations, intersection and traffic control improvements, properly access and parking. The
potential design for Low Impact Development (LID's) and potential locations for Best
Management Practices (BMP's) to accommodate stormwater will also be considered as part of
this analysis.
The design development will include an evaluation of future traffic signals at Poplar Street,
Youngs Road, and at Whalom Road.
PROJECT LIMITS
The project limits include Summer Street between the Fitchburg Cily Limits and the Leominster
City Limits, in Lunenburg.
DESCRIPTION OF IMPROVEMENTS
The services described in this Agreement shall be performed in four (4) phases, which are
described in detail below.
1.0 TASK 1: FIELD RECONNAISSANCE
1.1
Base Mapping: The Town will provide GIS base mapping to the ENGINEER for
use for this project.
1.2
Right of Way Research: The ENGINEER will research the roadway layout within
the project limits at the Registry of Deeds. Property owners along the corridor.
will be obtained at the Town Assessor's office.
1.3
Traffic, Pedestrian and Bicycle Dala Collection: Two 48-hour weekday traffic
counts will be taken using automatic traffic recorders (ATRs) along Summer
Street in Lunenburg. This data will be used to gauge traffic fluctuation during the
day, vehicle classification and travel speeds along the corridor, determine
whether the study area has seen a change in traffic volume (based on a
comparison with historical volume data), and identify whether installation of a
traffic signal could be warranted as part of the Alternatives Analysis. ATRs will
Summer Street at the Fitchburg City Line
Summer Street, west of Kingman Street
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2.0
VHB will conduct weekday peak period (7:00 to 9:00 am and 4:00 to 6:00 pm)
turning movement counts (TMCs) at the following three locations to determine
the existing travel demands:
• Summer Street at Poplar Street
Summer Street at Youngs Road
Summer Street at Whalom Road
Counts will include vehicle, classitication, pedestrian volume, bicycle volume, and
Identification of travel flow and patterns for all three transportation modes.
Additionally, VHB will compile and analyze crash data along the corridor for the
most recent three-year period available through Registry of Motor Vehicle
records (2006-2008) and Identify common causes or patterns of crashes and
existing conditions that are likely to lead to these crashes. Any unusual hazards
in the corridor will be identified for all transportation modes. Crashes involving
pedestrians and/or bicyclists will be highlighted to the extent that they are
available. VHB will also request Lunenburg Police Department crash records
from 2006 to the present. Local police records are generally more complete and
are likely to have more Information in reference to pedestrian and bicycle
involvement in crashes.
TASK 2: TRANSPORTATION ANALYSIS AND ASSESSMENT
Existing Conditions Transportation Analysis: Based on the data collected in the
task above, VHB will develop morning and afternoon/evening traffic volume
nelworks that summarize the peak hour volumes at all locations. VHB Will
conduct level of service capacity analysis based on the 2000 Highway Capacily
Manual (HCM) for the intersections identified for the morning and
afternoon/evening peak hours.
Separate pedestrian/ bicycle travel networks will also be prepared. VHB will
compare traffic and pedestrian volumes at study area intersections during school
dismissal and the traditional evening commuter peak hour and work with the
Town to determine which peak hour should be evaluated. Pedestrian levels of
service will also be provided in accordance with the HCM. Bicycle traffic will be
qualitatively assessed.
22
Future Conditions (2020): VHB will estimate 10-year (2020) future traffic
volumes for the morning and afternoon/evening peak hours. These volumes will
be developed by factoring existing conditions volumes to include normal area
growth and traffic associated with planned projects for the area. Background
growth rates will be determined based on historical traffic volume data for this
area and/or previous studies. VHB will contact state, local, and municipal
planning officials to identify relevant nearby development projecls. The future
volumes will be assessed at all study area intersections and documented in the
same manner as described above.
2.3
Based on the existing and future technical analyses and input from municipal
stakeholders, VHB will develop up to three (3) cross-section improvement
alternatives for the Summer Street corridor in accordance with the MassDOT
2006 Highway Design Guidebook. The operational impacts of each alternalive as
it relates to vehicular, pedestrian, and bicycle traffic will be evaluated. All cross-
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section improvement alternatives will include recommendations for sidewalks
and bicycle accommodations. Cross-sectional options may also include:
A raised median along Summer Street
One or two travel lanes per direction
Realignment of the roadway so that it is offset within the right of way,
using the remaining area for landscaping opportunities
A center two-way left-turn lane
Access management strategies (Note: if access management
strategies become a viable alternative meriting further study, additional
data collection at driveway locations along the corridor will be
necessary.)
Two meetings are assumed as part of this task to review alternatives analysis
and findings with the Town.
VHB will use generally accepted analytical tools and methods and document
quantitatively how improvement options affect operations along the corridor and
al sludy area intersections. This includes conducting traffic signal warrant
analyses at unsignalized study area intersections to determine if traffic signals
are warranted and could be considered as part of an improvement alternative.
Although improvement alternatives are not anticipated to require land takings, if
necessary VHB will identify locations of proposed land takings. VHB will also
evaluate how improvements along the corridor may affect local streets in the
study area and make recommendations to prevent traffic from diverting to the
local street system. Finally, VHB will prepare conceptual cost eslimates for each
improvement alternative.
Documentation
VHB will advise the Town of the functional advantages and disadvantages of
each improvement alternative. It is anticipated that this information will be
presented in a matrix formal. VHB will develop a draft report and concept
improvement plan summarizing the findings and recommendations for the
Town's review and comment. The draft report and executive summary will
include descriptions of the improvement oplions and the process for evaluating
the various improvement alternatives. The benefits and negative aspecis of each
alternative will be discussed with evaluations, back-up data, and a description of
the employed melhodology and rationale. VHB will meet with the Town to review
recommended improvements. Following review, VHB will address comments and
finalize the report.
3.0
TASK 3: STREETSCAPE ANALYSIS AND ASSESSMENT
3.1 Site Assessment VHB will conduct a site reconnaissance to observe, document
and create a photographic log of existing conditions as they relate to the existing
layout and streetscape of Summer Street. Conditions of curbing, walkways,
crosswalks, bicycle facilities, furnishings, plantings, street lighting, access, abutting
land uses and overhead utility lines within the Summer Street right of way will be
annotated on the survey base plan. VHB landscape architects will also identify key
observed streetscape opportunities and design constraints. This work will be done
in coordination with that of VHB transportation engineers.
3.2 Alternative Concept Plans. VHB will develop up to three (3) Alternalive Concept
Plans combining streetscape and roadway layout options for the Summer Street
corridor. These will be prepared by preparing an overall key plan of the Summer
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3.3
Street corridor along with hand drawn trace Alternative Concept Plan
Enlargements of key representative sections and gateways along Summer Street.
This work will be performed in coordination with that of VHB transportation
engineers. The alternatives may include such features as:
A raised median along portions of Summer Street
Realignment of the roadway so that it is offset within the right of way, using the
remaining area for landscaping opportunities
A center two-way left-turn lane
One or two travel lanes per direction
Landscape opportunities within and immediately adjacent to the public right of
way
VHB will attend meetings with the Town as well as public meetings to review the
Streetscape Alternative Concept Plans. VHB will employ visual aids including
PowerPoint presentations and illustrative boards to familiarize the public with desigr
features and recommended plant and hardscape materials such as specially
pavements for walkways and crosswalks, corridor furnishings, lighting and other
features.
VHB will advise the Town of the functional advantages and disadvantages of each
streetscape improvement alternative. VHB will then work with the public to identify the
key features of the various alternatives which are complimentary and desirable towards
incorporation in the Final Streetscape Concept Plan. VHB will prepare order of
magnitude conceptual estimates of probable costs for each of the Streetscape
Alternative Concept Plans to allow for comparison of value received for the different
design and material selections presented.
Final Streetscape Concept Plan. VHB will prepare a Final Streetscape Concept Plan
based upon the combination of improvements agreed upon at the conclusion of the
Task 2 review of three streetscape concept alternatives. This will be prepared utilizing
the overall key plan of the Summer Street corridor combined with computer enhanced
plan renderings of the agreed upon key representative sections and gateways along
Summer Street. Additionally, VHB will prepare three color rendered perspective views
of agreed upon key sections and gateways along with photos of the existing views at
these locations for comparison purposes. VHB will prepare order of an order of
magnitude estimate of probable costs for the Final Streetscape Concept Plan.
VHB will attend a meeting with the Town as well as a public meeting (see Task 4.0
below) to review the Final Streetscape Concept Plan. Following review, VHB will
address minor comments and finalize the plan.
VHB will employ visual aids including a PowerPoint presentation and illustrative boards
to convey the design intent and recommended material selections at the meetings.
The PowerPoint presentation will also be made available as both an electronic file and
a final bound document including a memorandum summarizing findings to the Advisory
Committee.
4.0
TASK 4: PROJECT MEETINGS
Various meetings are required throughout the design process. The meetings
anticipated for this project are outlined below for the purpose of developing a budget.
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5.0
VHB will meet with the Town during the course of work for the purpose of
coordination:
1. Attendance at two (2) Town Selectman's meetings
2: Altendance at one (1) Public Stakeholders Meeting during the Task 3.0 Final
Streetscape Concept Plan phase.
3. Attendance at two (2) meetings with the Director of Public Works and the
Town Manager to discuss the project.
Meetings additional to those listed above where VHB representation is requested by
the client will be performed on a time and materials basis upon verbal authorization by
the client.
SERVICES NOT INCLUDED
The following services are not anticipated and, therefore, not included in this
Agreement at this time:
5.1
Design beyond conceptual level.
5.2 Environmental services and Historic permitting
Should services be required in these areas, or areas not previously described, the
ENGINEER will prepare a proposal or amendment that contains the Scope of Services,
Compensation, and Schedule to complete the additional services.
VHB
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===PAGE 14===
Town of Lunenburg
AGGREGATION PLAN
Community Choice Power Supply
For additional information contact:
Town of Lunenburg
17 Main Street
Lunenburg, MA: 01462
Colonial Power Group, Inc.
277 Main Street
Marlborough, MA 01752
Telephone: (978) 582-4144
Fax: (978) 582-4148
Telephone: (508) 485-5858
Fax: (508) 485-5854
Purpose of the Aggregation Plan
The Town of Lunenburg developed this Aggregation Plan in compliance with
Massachusetts law regarding public aggregation of electric consumers. It contains
required information on the structure, operations, services, funding, and policies of the
Town's plan. The Aggregation Plan has been developed in consultation with the
Massachusetts Division of Energy Resources (DOER).
The purpose of this aggregation plan is to represent consumer interests in competitive
markets for electricity. It seeks to aggregate consumers in Lunenburg to negotiate the best
rates for the supply of electricity and to advance consumer protection for the residents
and businesses of Lunenburg. It brings together the buying power of more than 4,000
rate-paying customers. Participation is voluntary for each individual consumer.
Individual consumers have the opportunity to decline service provided through the Plan
and to choose any electric supplier they wish.
The Plan provides: 1) an option to join together for purchase of power supply at stable
rates; 2) an opportunity for professional representation at the state level and in regional or
local forums as the electric industry continues in a restructured marketplace.
The Town of Lunenburg has distributed this plan for public review prior to submitting it
to the Department of Public Utilities ("DPU" or "Department").
===PAGE 15===
CONTENTS
1.0 The Process of Aggregation
2.0 The Organizational Structure and Operations of the Town's Plan
3.0 Program Funding
4.0 Activation and Termination of the Power Supply Program
5.0 Methods for Entering and Terminating Agreements with Other Entities
6.0 Rate-setting and Other Costs to Participants
7.0 Universal Access
8.0 Equitable Treatment of All Classes of Customers
9.0 Reliability
10.0 Rights and Responsibilities of Community Choice Power Supply Program
Participants
11.0 The Consequences of Aggregation
12.0 Requirements Established By Law or the Department Concerning Aggregated
Service
===PAGE 16===
REQUIREMENTS FOR MUNICIPAL
AGGREGATION
The Massachusetts Electric Industry Restructuring Act of 1997 contains several
requirements for municipal aggregators. One requirement is to develop an Aggregation
Plan in consultation with the Massachusetts Division of Energy Resources. The
Aggregation Plan is subject to review by citizens in the participating Town, and approval
by the Department of Public Utilities. Under the law [M.G.L. c 164, section 134], there
are twelve requirements to be described in the Aggregation Plan.
1.0 THE PROCESS OF AGGREGATION
The process of municipal aggregation involves a multi-step public process:
1.1 Vote of Board of Selectmen to become a Public Aggregator
1.2 Letter of Authorization signed by Town Manager
1.3 Town representatives participate in Community Choice Power Supply Plan
development
1.4 Review of Aggregation Plan by Town Manager, Board of Selectmen and citizens
1.5 Public Hearing on Aggregation Plan
1.6 Aggregation Plan to Board of Selectmen for acceptance vote, conditioned on DPU
approval and final signing
1.7 Negotiation of Electric Service Agreements (ESAs), without price terms, with
qualified, interested suppliers
1.8 ESAs reviewed by Town Manager and Town Solicitor
1.10 Aggregation Plan submitted to DPU for approval
1.11 After DPU approval, selection of date to receive price terms from qualified suppliers
1.12 Selection of supplier by Town Manager
1.13 The Town of Lunenburg shall approve the final supply contract (final signing of
ESA by Town Manager)
1.14 Notification of Eligible Consumers of automatic enrollment
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===PAGE 17===
1.15 Opt-out period begins 30 days prior to first day of service
1.16 Administrative transfer of Participating Consumers to new suppliers)
1.17 File contract and report with state (DPU, DOER, Inspector General) within 15 days
of signing contract.
In addition to this process, municipal aggregators must comply with open meeting laws,
ethical rules, and certain public bidding and information requirements.
2.0 THE ORGANIZATIONAL STRUCTURE AND OPERATIONS OF
LUNENBURG'S AGGREGATION PROGRAM
This section will detail how the Town will organize the daily operations of the Plan and
assign responsibility to each party.
The Town of Lunenburg is led by a five person Board of Selectmen. Daily Operations are
seen by Town Manager.
Jointly, the Town Manager and Board of Selectmen are responsible for establishment of
the policies and development of the Aggregation. The operational role of the Town and
its agent in relation to consumers is outlined and described in the following pages.
There are six operational levels to the Town's Community Choice Power Supply
Program as described in section 2.1..
===PAGE 18===
Town of Lunenburg
Aggregation Plan
Operational Outline
2.1 Description of Operational Levels
Level One: Consumers
The citizens of Lunenburg and Lunenburg consumers hold the ultimate authority over the
aggregation and its functions. They can elect candidates for Town Manager and Board of
Selectmen, who may take positions regarding the aggregation. They can express their
views to their local Selectmen. They can participate in local and regional meetings and
hearings regarding issues related to restructuring in general and the aggregation of
Lunenburg in particular. And they can attend meetings to express their views. (Also see
Consumer buying power at Level Six below.)
Level Two: Board of Selectmen
Based upon its existing authority, or authority provided by voters at Town elections, the
Board of Selectmen may act on program and policy issues and contract
, recommendations. In addition, it may provide instructions to the town's agent regarding
specific policy or program decisions to be made under the aggregation plan. It may also
raise issues directed to it by consumers for the Town to address.
Level Three: Town Manager
The Town Manager carries out the collective decisions and instructions of the Board of
Selectmen and consumers.
Level Four: Colonial Power Group, Inc. (CPG)
As the agent for the Town, CPG provides the day-to-day management and supervision of
the business affairs of the aggregation under a Contract Agreement. CPG serves as the
Town's procurement agent, utilizing its existing staff to solicit services as requested by
the Town. In addition, CPG provides office and meeting space and administrative support
to coordinate the aggregation's operations. This administrative support includes: 1)
communications; 2) program development; 3) record-keeping; 4) oversight of program
administrators and professional consultants who assist in service procurement and
contract oversight and maintenance.
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===PAGE 19===
Level Five: Service Suppliers
Power suppliers contract with Lunenburg through its Town Manager and Board of
Selectmen. The power supply program is negotiated, recommended, and monitored for
compliance by CPG. No power supply contract is binding until approved by the Town
Manager and Board of Selectmen.
Level Six: Consumers
Every Eligible Consumer in Lunenburg may participate in the Town's aggregation
program. All Eligible Consumers will also have the ability to decline supply service
through the Competitive Supplier and choose any other power supply option they wish.
Consumers who are dissatisfied with services provided under contracts negotiated by the
Town may also communicate directly with the Supplier or CPG in an effort to alter or
otherwise improve service. Consumers may also bring issues before the Board of
Selectmen. (See Level One above.)
2.2 Program Operations
The plan's operations are guided by the provisions and goals contained in Board of
Selectmen Order Nos. xx and xx, and the instructions and decisions of the Town
Managers office, CPG, and consumers.
The goals of this aggregation plan are:
1) To provide the basis for aggregation of consumers on a non-discriminatory basis;
2) To provide stability for the market rate for electricity supply;
3) To acquire the best market rate for electricity supply and transparent pricing;
4) To provide equal sharing of economic savings based on current electric rates and/or
cost-of-service rate-making approved by the Department of Public Utilities;
5) To provide and enhance consumer protection and options for service under contract
provisions and to allow those consumers who choose not to participate to opt-out;
6) To encourage environmental protection through contract provisions;
7) To provide full public accountability to consumers; and
8) To utilize municipal and other powers and authorities that constitute basic consumer
protection to achieve these goals.
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===PAGE 20===
2.3 Programs of the Plan
The Town offers one program to achieve its goals: the Town of Lunenburg Community
Choice Power Supply Program. In addition, the Plan provides professional representation
on behalf of consumers in state proceedings and in regional or local forums to protect
consumer interests in an evolving marketplace.
2.3.1 Town of Lunenburg Community Choice Power Supply Program
The Community Choice Power Supply Program is designed to stabilize and/or reduce the
amount consumers pay for electric energy, and to gain other favorable economic and non-
economic terms in service contracts. The Town does not buy and resell power, but
represents consumer interests to set the terms for service. Through a competitive bid and
negotiation process, the Town develops a contract with a power supplier for firm, all-
requirements service. The contract runs for a fixed term. The process of supply contract
approval contains checks and balances. Once the contract has been negotiated by the
Town's agent, it must be submitted to the Board of Selectmen and Town Manager for
approval. It must also be submitted to the Massachusetts Department of Public Utilities
for approval. And lastly, individual consumers may opt out of the program, and select
Basic Service from Unitil Corporation or supply from any other supplier they wish at any
time before or following their enrollment in the Town's Community Choice Power
Supply Program (See section 4.1.7 for more detailed information on the opt-out process.)
No individual consumer is required to receive service under the Town's contract.
2.3.2 Professional Representation
As the electric industry continues in its transition, it is essential for Lunenburg consumers
to have technical and legal support to represent their interests in selected state
proceedings, and in negotiations with Competitive Suppliers.
2.4 Staffing and Manpower for Programs
The operations necessary to plan, deliver, and manage the Town's program include: 1)
technical analysis; 2) competitive procurement of services; 3) regulatory approvals; 4)
accounting and fiscal management; 5) contract maintenance; 6) communications; 7)
program coordination, and; 8) administrative support for the Community Choice Power
Supply Program. The Town intends to utilize CPG as the professional, technical, and
legal consultants to operate the program. At no cost to the Town, CPG will be responsible
for monitoring all aspects of the aggregation plan and any resulting contractual
agreements, including but not limited to monitoring and reporting on compliance with all
contract terms and conditions; resolution of contract issues; implementation of the "opt-
out" process for customers; participation in negotiations with the distribution company
serving the Town as it relates to the implementation of the Aggregation Plan; preparation
of reports on the Aggregation Plan, as directed; and routine updates and attendance at
meetings with the Town Manager and Board of Selectmen.
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===PAGE 21===
The Community Choice Power Supply Program has been developed on behalf of the
Town by CPG with the support of technical consultants and legal counsel. Once a
contract for power supply has been secured by CPG, CPG will use technical consultants
and legal counsel to administer the Community Choice Power Supply Program at no cost
At no cost to the Town, CPG will use technical and legal advisers to undertake
negotiations with Competitive Suppliers and provide representation at the state level as
needed, at the direction of the Town Manager and Board of Selectmen. The terms and
conditions of any contract for power supply are subject to review by the Town Council,
as well as by any outside legal counsel which may be selected by the Town, and are
further subject to the Town Council's approval as to legal form.
3.0 PROGRAM FUNDING
Initial funding for Town's Community Choice Power Supply Program comes from
private capital supplied by Colonial Power Group, Inc. (CPG). The Electric Supply
Agreement with a Competitive Supplier will include a maximum of $0.001/kWh adder
that will be paid by the Competitive Supplier to CPG. The $0.001/kWh maximum adder
will fund the on-going costs of the Community Choice Power Supply Program. The start-
up costs, to be borne by CPG, include costs for legal representation, public education,
communications, and mailing costs.
4.0 ACTIVATION AND TERMINATION OF THE POWER SUPPLY
PROGRAM
4.1 Activation of the Community Choice Power Supply Program
Following the process of aggregation and competitive procurement of a proposed
contract by the Town of Lunenburg, activation of the Community Choice Power Supply
Program requires six steps:
1) DPU approval of the plan.
2) Acceptance of the supply contract by the Town Manager
3) Town of Lunenburg approval of the final supply contract (final signing of ESA by
Town Manager).
4) Notification of Eligible Consumers of pending automatic enrollment in the
Community Choice Power Supply Program.
5) Automatic enrollment of all Eligible Consumers (excluding those who opt out prior to
service start-up deadlines), and voluntary enrollment of those receiving competitive
supply from another provider that they wish to terminate.
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===PAGE 22===
6) Activation of Participating Consumers' service on billing cycle dates.
• Each of these steps is described below:
4.1.1 Acceptance of the Contract by Board of Selectmen and Town Manager
All power supply contracts negotiated on behalf of the Town shall be expressly
conditioned upon the acceptance of the contract by the Town Manager. Suppliers and
power supply contracts must comply with all applicable laws and rules and regulations
promulgated by the Department of Public Utilities concerning competitive suppliers., The
Supplier must have in place an executed Competitive Electric Supplier Service
Agreement with Fitchburg Gas and Electric Light Company d/b/a Unitil before service
can commence to any Participating Consumer under the Community Choice Power
Supply Program. All EDI testing between the Supplier and Unitil also must be
completed before service.can commence to any Participating Consumer under this
Program: Further, nothing in the Community Choice Power Supply Program, nor its
contract with the Town, shall abrogate the Competitive Supplier's responsibilities and
adherence to the Fitchburg Gas and Electric Light Company's Terms and Conditions for
Competitive Suppliers.
4.1.2 DPU Approval of Power Supply Contract and Plan
The Town shall file its certificate of vote, the contract and aggregation plan with the
Department of Public Utilities. The DPU is required to hold a public hearing on the plan.
4.1.3 Signing of Power Supply Contract by the Board of Selectmen and Town
Manager
Following the approval of the Department of Public Utilities, the Board of Selectmen and
Town Manager may sign or reject the contract. With the signing of the contract by the
Board of Selectmen and Town Manager, the terms and conditions in the contract will be
utilized for service for Eligible Consumers within the municipal boundaries of
Lunenburg, except for those consumers who have selected a competitive supplier prior to
the contract activation date and do not wish to switch to service under the Town's
contract, or those consumers who affirmatively opt out of the program. In addition, all
Eligible Consumers relocating to the area will be enrolled in the Town's Community
Choice Power Supply Program one month after their delivery account is set up with
Unitil Corporation, unless they choose another supplier, or opt-out prior to or following
activation of service.
The Town shail file with the DPU, DOER, and Inspector General, within 15 days of
signing by the Board of Selectmen and Town Manager, the signed power supply contract
• and a report detailing the process used to execute the contract.
===PAGE 23===
4.1.4 Notification of Consumers
Following approval of the contract by the DPU, the Supplier shall undertake notification
of all Eligible Consumers on Basic Service to be enrolled prior to enrollment. The Town
may also generally notify all consumers receiving competitive service in Lunenburg of
their eligibility to receive power from the Town's supplier. The process of Notification
shall be multi-layered: 1) a mailing to be mailed by the Supplier; 2) newspaper notices; 3)
public service announcements; 4) posting of notices in Town Hall. Unitil Corporation
reserves the right to include bill messages or to send a separate mailing pertaining to the
| Community Choice Power Supply Program-. All notification expenses, except those
undertaken by Unitil, shall be borne by the Supplier.
Prior to enrollment, this notification shall: 1) inform consumers they have the right to opt
out of the aggregated entity without penalty and choose Basic Service at any time before
or after their first day of service; 2) prominently state all charges to be made and a
• comparison of the price and primary terms of the Town's contract compared to the price
and terms of Unitil Corporation's Basic Service; 3) explain how to opt out; 4) provide
written notification if any charges associated with the opt-out will be made by the
Supplier.
4.1.5 Notification of Unitil Corporation
Along with notification of Eligible Consumers in the Town of Lunenburg, the Town shall
notify the selected Supplier and Unitil Corporation to begin preparation of the
administrative process to transfer Eligible Consumers coincident with each customer's
billing cycle. Alternatively, or in combination with the Town notification, the selected
Supplier may notify Unitil Corporation to begin preparation of the administrative process.
4.1.6 Activation of Customer Service
The process of activation is an administrative function with three parts: 1) Data
preparation: Unitil Corporation will identify all customers on Basic Service in Lunenburg
by eliminating those customers who have already selected a competitive supplier; 2)
Automatic Enrollment: All verified customers shall be transferred to the Town's supplier
coincident with Unitil Corporation's billing periods, unless they have previously notified
that supplier of their intent to opt out according to established deadlines. Eligible
Consumers will be enrolled with the new supplier over the period of one month. Per the
DPU rules 220 CMR 11, section 10d, Unitil Corporation shall shall inform a Customer
when Generation Service for the Customer has been initiated by a Competitive Supplier.
along with information on how the Customer may file a complaint regarding an
unauthorized initiation of Generation Service. This information shall be included on the
first Distribution Company Bill rendered to the Customer after such initiation.
Formatted: Font: Font color: Black
{Formatted: Font: 12 pt, Font color: Black
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===PAGE 24===
4.1.7 Customer Opt-Out
Eligible Consumers may opt out of service from the Town's Community Choice Power
| Supply Program at no charge either in advance of service start up deadlines or at any time
after the first day of service. Residential Participating Consumers may provide notice to
the Supplier or Unitil Corporation on any business day. Service shall be terminated
within two (2) business days: A. Commercial Participating Consumer Customers-who
seekseeks to return to Basic Service should provide notice to the supplier and/or Unitil
Corporation three (3)five (5) or more business days before their next scheduled meter
Participating Residential-eustomers will-be transferred te Basic-Service in two (3)
business days-Participating Commercial and Industrial Consumers-customers will be
transferred to Basic Service at after-their next meter read date provided the meter read
date is at least two (2) business days after Unitil Corporation is notified of the transfer.
There shall be no charge for returning to Basic Service in this manner. Further
opportunities for customer opt-out may be negotiated by the Town and the competitive
power supplier and included in the terms of the contract presented to the DPU, the Board
of Selectmen, the Town Manager, and made part of the public information offered to
each consumer.
4.2 Termination of the Power Supply Program
The Community Choice Power Supply program may be terminated in two ways:
1) Upon the termination or expiration of the power supply contract without any
extension, renewal, or subsequent supply contract being negotiated;
2) At the decision of the Board of Selectmen and Town Manager to dissolve the
Community Choice Power Supply Program.
Each individual customer receiving power supply service under the Town's Community
Choice Power Supply Program will receive notification of termination of the program
•ninety (90) days prior to such termination.
In the event of contract termination, consumers would return to Unitil Corporation's
Basic Service or choose a competitive supplier.
5.0 METHODS FOR ENTERING AND TERMINATING AGREEMENTS
WITH OTHER ENTITIES
The Town's process for entering, modifying, enforcing, and terminating all agreements
associated with the aggregation shall comply with the requirements of the Town's
charter, and state and federal laws. Where required, the procedures outlined in MGL
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===PAGE 25===
Chapter 30B shall be followed. Other agreements shall be entered, modified, or
terminated in compliance with the law and according to the express provisions of the
relevant agreement.
6.0 RATE-SETTING AND OTHER COSTS TO PARTICIPANTS
The Town of Lunenburg will offer the Community Choice Power Supply Program at
rates and terms to be negotiated with competitive power suppliers. All supplier charges to
the customer will be fully and prominently disclosed under the notification process.
Unitil Corporation shall continue to provide metering, billing, and maintenance of the
distribution system as authorized by the Massachusetts Department of Public Utilities
(DPU). ). a regulated monopely funetion until such-time as the Massachusetts
Department of Publie Utilities (DPU) determines it is in the interest of consumers for
these services te be provided differently. Charges for metering, billing and other
distribution services shall be regulated by the DPU, unless otherwise provided for in law.;
er DPU rules and regulations:
6.1 Rates and Rate-setting
| Under DPU approval-orders, the utility-local distribution company assigns the customer
classification and corresponding character of service and associated regulated rates.
These rates generally include a monthly customer charge, a distribution charge, a
transmission charge, a transition charge, an energy conservation charge, and a renewable
energy charge that currently make up a portion of a customer bill. (See sample bill in
section 6.3 below.) Although the Town, or its agent, shall participate in regulatory
proceedings and represent the interests of consumers regarding these regulated rates, it
will not assign or alter existing customer classifications without the approval of the DPU:
The focus of the Town, as noted above, will be acquisition of competitive prices and
terms for power supply. This price, or prices, will be set through the competitive bid and
negotiation process, and will be noted on the consumer bill as the "generation charge."
As noted earlier, the price in the contract will be subject to DPU examination and
approval, as well as approval by the Board of Selectmen and Town Manager.
It is anticipated that the competitive bid process will seek prices that will differ among
the customer classifications established by the local distribution company's tariffs. The
terms and conditions of service may also vary among customer classifications. The
Town retains the right to reject some or all of the bids received for any and all customer
classifications.
6.2 Other Costs to Consumers
- 12 -
===PAGE 26===
Community Choice Power Supply Program funding will be derived from a maximum of
$0.001/kWh.commission commission fee payable by the Supplier to Colonial Power Group, Inc..
Department of Public Utilities approval of such a charge would be sought to the extent
that such approval is required
6.3 Customer Billing
The Supplier will notify Unitil that it desires "Standard Complete Billing Service.' and
will furnish a rate for each Rate Code. Customer billings under the Town's Community
Choice Power Supply Program will be made by the Supplier under contract and-shall be
incorporated inte the standard monthly atility billing. The bill shall include a clear
delineation of all distribution regulated and generation nen regulated charges.
Participating Consumers will receive a "standard complete bill" that incorporates the
power supply charge and Unitil Corporation's distribution charges on a single sheet.
===PAGE 27===
The typical residential "complete bil!" for use of 500 kilowatt hours shows the following
charges for Unitil Corporation's Basic Service in June 2010:
Delivery Services
Customer Charge
Distribution Charge
$.05322
Transition Charge
$.02751
Transmission Charge
Energy Conservation Charge
$.01734
$.00251
500
KWH
500
KWH
500 KWH
500 KWH
Renewable Energy
S.00049
X
500
KWH
$ 5.29
$26.61
$13.76
$ 8.67
$ 1:25
$ .25
Total Delivery Services
$55.83
Supplier Services
Generation Charge
Basic Service-Fixed
Total Cost of Electricity
$.08150
500
KWH
$40.75
$40.75
Total Current Balance
. $96.58
- 14 -
===PAGE 28===
7.0 UNIVERSAL ACCESS
"Universal access" is a term derived from the traditional regulated utility environment in
which all customers desiring service receive that service. The Commonwealth of
Massachusetts Division of Energy Resources "Guide to Municipal Electric Aggregation
in Massachusetts" has defined universal access to mean "electric services sufficient for
basic needs (an evolving bundle of basic services) available to virtually all members of
the population regardless of income." The Guide also provides that a municipal
aggregation plan meets the requirement of universal access "by giving all consumers
within its boundaries the opportunity to participate, whether they are currently on...
Default Service or the supply service of a Competitive Supplier." For the purposes of the
Town's Community Choice Power Supply Program this will mean that all existing
Eligible Consumers within the borders of Lunenburg and all new Eligible Consumers in
Lunenburg shall be eligible for service from the contracted supplier under the terms and
conditions of the supply contract. Item one of the Town's goals as indicated in 2.2 above
is: "To provide the basis for aggregation of consumers on a non-discriminatory basis."
Service under the Town's Community Choice Power Supply Program shall include
customer classes in adherence with universal service principles and requirements, and the
traditional non-discriminatory practices of local government. Contracts with all suppliers
shall contain provisions to maintain these principles and equitable treatment of all
customer classes.
Existing Eligible Consumers in the Town of Lunenburg shall be transferred to the
Lunenburg Community Choice Power Supply Program unless they have already
contracted with a Competitive Supplier, or affirmatively opt out of the program.
Low-income Eligible consumers shall remain subject to all existing provisions of DPU
and state law regarding their rights to return to Basic Service and participate in the
Community Choice Power Supply Program as well.
New Eligible Consumers in the service territory shall be automatically enrolled in the
Community Choice Power Supply program one month after establishing delivery
service with Unitil Corporation. However, any new Eligible Consumer will be informed
via direct mail of the right to opt-out of the Community Choice Power Supply Program
before commencing service. New customers will retain the right to opt out any time after
the commencement of Community Choice Power Supply Program service.
8.0 EQUITABLE TREATMENT OF ALL CLASSES OF CUSTOMERS
All customers will be treated equitably. They will be guaranteed the right to raise and
resolve disputes with the Supplier; be provided all required notices and information; and
always retain the right to opt out of the Town's Community Choice Power Supply
| Program as described herein. or to switel suppliers. The requirement of equitable
treatment of all customers does not, however, require that all customer rate classes be
offered the same pricing or terms and conditions. To impose such an interpretation to the
- 15 -
===PAGE 29===
statutory requirements governing municipal aggregation programs would, in effect, result
in inequitable treatment, as attempting to apply identical prices, terms, and conditions to
customer rate classes with widely disparate characteristics would have the inevitable
effect of giving some customer rate classes more favorable service than others. The
implementation of the Community Choice Power Supply Program will recognize this
reality through appropriate distinctions in pricing and, where applicable, terms and
conditions among customer rate classes.
9.0 RELIABILITY
"Reliability" in power supply and in transmission and distribution is essential to
consumers. This will be accomplished and reinforced by the Community Choice Power
Supply Program at several levels: 1) through provisions of the power supply contract that
will include language on reliability of supply, liability and damages provisions; 2)
through traditional proceedings related to Unitil Corporation's regulated transmission and
distribution services; 3) through direct discussions with Unitil Corporation concerning
specific or general problems related to quality and reliability of transmission and
distribution service.
10.0 RIGHTS AND RESPONSIBILITIES OF POWER SUPPLY
PROGRAM PARTICIPANTS
10.1 Rights
All Community Choice Power Supply Program participants shall enjoy the protections of
law afforded to consumers as they currently exist or as they may be amended from time
to time. These include rights to question billings or service quality or service practices.
Under protocols developed by the Department of Public Utilities, problems related to
billing or service shall be directed to the appropriate parties. All program participants
shall also enjoy the individual right to decline participation in the Town's Community
Choice Power Supply Program as noted in the description of the "opt-out" in section
4.1.7 above.
10.2 Responsibilities
All Community Choice Power Supply Program participants shall meet all standards and
responsibilities required by the DPU, including payment of billsings. Nothing in this
Community Choice Power Supply Program shall abrogate the utility's responsibilities as
defined in its General Terms and Conditions for Distribution Service nor shall it abrogate
the Participating Consumer's responsibilities under the same General Terms and
Conditions for Distribution Service.
and aecess to essential metering and-other equipment to carry out utility operations.
- 16 -
===PAGE 30===
11.0 THE CONSEQUENCES OF AGGREGATION
Municipal aggregation functions under the restrictions of state law and carries a range of
results and consequences:
11.1 Consumer Option to Participate in Competitive Market
Many individual consumers lack knowledge and leverage to negotiaté terms for power
supply. A municipal aggregator provides them with an option for professional
representation and the leverage of a large group so that they may participate more
effectively in the competitive process and achieve benefits.
11.2 Consumer Ability to Opt Out and Choose Another Supplier
Because the law guarantees the right to opt out, including the right to choose Basic
Service at no charge, all Eligible Consumers have the right to select a supplier other than
the one chosen by the Town Manager and Board of Selectmen.
11.3 Indemnification of Consumers and Risk Associated with Competitive Market
In a competitive market it is possible that the failure of a power supplier to provide
supply service may result in the need for consumers to acquire alternative power supply,
or for consumers to receive power at Basic Service prices. The Town will seek to .
minimize this risk by recommending only reputable suppliers who demonstrate reliable
service. The Town also intends to include conditions in its contract with a supplier that
will indemnify consumers against risks or problems with power supply service.
11.4 Other Consumer Protections
The Town intends to negotiate a range of provisions in its contracts to enhance consumer
protection. The Town also intends to work with Unitil Corporation and the DPU to assure
improvement in the reliability of transmission and distribution services.
12.0 REQUIREMENTS ESTABLISHED BY LAW OR THE
DEPARTMENT CONCERNING AGGREGATED SERVICE
The Town fully intends to comply with the requirements of law and the rules of the DPU.
- 17 -
===PAGE 31===
Change in Projection from 5/1/10 ATM to Present
Revenues
Change in Prior Year Limit
Change in 2.5% increase
New Growth Estimate
Change in Excludable Debt
Cherry Sheet Revenue
Free Cash (Amount certified $239,841)
Local Receipts
Art 14 5/1/10 ATM (Line 80 Monty Tech Assessment)
Art 145/1/10 ATM (Line 13A Salary Reserve Appropriation)
$
$
$
$
$
$
$
$
3,418.00
Tax Levy
85.00
Tax Levy
38,732.00
Tax Levy
1,942.00
Tax Levy
(47,749.00) Cherry Sheet
239,841.00
69,060.00
Local Receipts
2,896.00
18,716.51
$
326,941.51
$
61,238.00 Raise & Appropriate
$
4,250.00
) ¡Raise on Recap
$239,841.00 Free Cash
2,896.00 Article 14 5/1/10 ATM (Monty Tech Assessment)
$
18,716.51 Artilce 14 5/1/10 ATM (Salary Reserve Appropriation)
$326,941.51
Expenditures
Cherry Sheet Offsets
State & County Assessments
Choice/Charter Assessments
Snow & Ice Deficit
Ice Storm Deficit
Paydown on Athletic Facility Ban
Article 4 - Summer Street Analysis
Article 5 - Police Detail Account
Artilce 7 - Police Cruisers
$
$
(12,300.00) Raise on Recap
(1,695.00) Raise on Recap
18,245.00
Raise on Recap
$
51,100.02
|$42,238.00 Raise & Appropriate
$8,862.02 Free Cash
$
143,591.49
$140,695.49 Free Cash
$2,896.00 Art 14 5/1/10 ATM (Monty Tech Assessment)
19,000.00
Raise & Appropriate (Article 1 5/1/10 STM/FY10, Paydown on Athletic Facility)
$
¡Free Cash
5,000.00
48,000.00
$29.283.49 Free Cash
$18,716.51 Article 14 5/1/10 ATM (Salary Reserve Appropriation)
Surplus/(Deficit)
$ 326,941.51
$
Certified Free Cash
$ 239,841.00
Appropriated in Article 1 11/30/10 STM (Amend FY11 Budget)
$ (149,557.51)
Appropriated in Article 4 11/30/10 STM (Summer St. Alt. Analysis) $
(56,000.00)
Appropriated in Article 5 11/30/10 STM (Police Detail Account)
(5,000.00)/
Appropriated in Article 7 11/30/10 STM (Police Cruisers)
(29,283.49)
$

========================================================================================
DOCUMENT : 2010-11-30-agenda-4741.txt
BOARD    : select-board
DATE     : 2010-11-30
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2010-11-30-agenda-4741.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11302010-4741
========================================================================================

===PAGE 1===

========================================================================================
DOCUMENT : 2010-12-07-agenda-4742.txt
BOARD    : select-board
DATE     : 2010-12-07
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2010-12-07-agenda-4742.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12072010-4742
========================================================================================

===PAGE 1===

========================================================================================
DOCUMENT : 2010-12-07-minutes-4742.txt
BOARD    : select-board
DATE     : 2010-12-07
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2010-12-07-minutes-4742.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12072010-4742
========================================================================================

===OCR macOS Vision===
===PAGE 1===
:
5749 sno
BOARD OF SELECTMEN
MEETING MINUTES
12/7/10
The Board of Selectmen met in the Joseph F. Bilotta Meeting Room, Town Hall as scheduled with Paula Bertram, Steven
M. deBettencourt, Tom Alonzo, Carl "Ernie" Sund, David Matthews and Town Manager Kerry Speidel present.
Regular Meeting opened at 7:00 PM with the Pledge of Allegiance.
PUBLIC COMMENT
Ms. Bertram informed the public that due to illness the Eagle House Senior Center will not be open for business until
Thursday morning at 8 a.m. All programs including meals on wheels, transportation and pancake breakfast have been
cancelled.
Ms. Bertram said that Unitil is planning tree trimming activities in the areas of West Townsend Rd., Northfield Rd. and
Chestnut St.
Mr. Matthews thanked all of the voters who attended town meeting last week. He also thanked Mr. Sund and everyone
involved with the tree lighting ceremony.
Mr. Sund reminded all that today is Pearl Harbor Day and he thanked all of the veteran's that were active during that
period for their service.
Gerry Hyde, 912 Mass Avenue, thanked Kathy Herrick, Pat Slattery and the Historical Commission for getting a grant
from Emerald Place which will be used towards the reproduction of the early records of Lunenburg. He also thanked
Emerald Place for the grant, for this project.
ANNOUNCEMENTS
APPOINTMENTS
7:15 p.m. Continuation of Public Hearing: CDBG Application/Senior Center Parking Lot & Housing
Rehabilitation - Ann Carabba, representing MRPC, introduced herself and read an overview about the grant. She said
that revisions have been made to the Community Development Strategy and that the BOS need to vote to adopt the
revised strategy. She also had several other forms that needed to be signed by the BOS, that will be used to apply for a
Community Block Grant for a parking lot at the Eagle House Senior Center and housing rehab.
Ms. Bertram stated that before the forms are signed, she would like to open up discussion to the public and the board on
this matter.
Mr. Matthews said that they have asked in the past for a better cost break down, specifically to the removal of the septic
soil and also for input from the Board of Health.
Ms Speidel explained that the people who serve on the parking lot committee are out ill this evening and she did not
expect to be making a presentation. She said that the Council on Aging Director met with the BOH to identify issues
when removing the septic tank and the BOH has provided a letter of support for this project. All estimates specify that the
contractor assume responsibility of removing the septic tank and leach field.
Ms. Bertram is concerned with the leach field itself and is it considered hazardous waste which would necessitate the high
cost of removal. She said that the engineer estimated the removal of the leach field and mounded system to cost upwards
===PAGE 2===
of $160,000. Ms Bertram is in support of the parking lot but is concerned of how the project was bid and the high cost of
removal. She would like to be able to do the work "in house" at a lower cost.
Mr. Alonzo spoke and said that the BOS had asked for this information two months ago and that there was a deadline to
submit it. He is upset about the lack of response to the BOS by MRPC about the issue of soil contamination. He does not
like the "lump sum" bid process and wonders if the contractor is expecting a windfall. The deadline for the grant
submission is 12/10/10 and they still do not have answers to their questions.
The BOS were in agreement that this is not the way to do a project.
Mr. Alonzo questioned what the response was to the housing rehab. Ms. Carabba said there was not a great response and
there were approximately 10 applicants.
Chris Lattanzi, Lancaster Ave. asked if this is a grant application, then why is it being taken apart in little pieces. Ms.
Bertram replied that as elected officials they have a responsibility to ensure that regardless of what the funding source is,
that the money that is being spent, is being spent wisely.
Mr. Alonzo moved that the board approve this grant application and approve that the Chair sign the requisite forms for
submittal by December 10, 2010. Mr. Matthews seconded. On vote, motion carried, 5 in favor, 0 opposed.
Ms. Bertram informed the BOS that they must vote to accept the recommendation of Hudson Design Group and MRPC
that the BOS hires Boucher Construction Corporation as the company to construct the new parking lot at the Eagle House
Senior Center. Ms. Bertram then read the vote for the BOS into record. Mr. Alonzo moved to approve the
recommendation. Mr. Sund seconded. On vote, motion passed, 5 in favor, 0 opposed.
Ms. Bertram requested that Mis. Carabba relay a message to MRPC that in the future, the BOS would like information that
needs to be voted on, be given to them prior to the meeting so that the BOS has a chance to review.
Mr. Alonzo moved to adopt the Lunenburg Community Development Strategy dated December 2010. Mr. Matthews
seconded. On vote, motion carried, 5 in favor, 0 opposed.
Ms. Bertram asked for an outline of the role of the Environmental Certifying Officer. Ms. Speidel said that in her
experience working with the CDBG program it has always been a staff person that serves in this role. Ms. Bertram
requested that Ms. Speidel act as the Environmental Officer. Mr. deBettencourt moved to appoint Ms. Speidel as the
Environmental Officer. Mi. Matthews seconded. On vote, motion carried, 5 in favor, 0 opposed.
Ms. Bertram questioned the administration portion of this grant and asked if those fees would be paid to MRPC. Ms.
Carabba responded yes and that there was also administration added into the parking lot portion of the grant also.
Discussion and questions ensued regarding the percentage of the added administration fees. Ms. Carabba did not have
answers for those questions.
The BOS voiced their dissatisfaction with MRPC's communication and handling of this project.
Ms. Speidel believes there may have been a typo in the administration fees and will check with Shelly Hatch from MRPC
tomorrow to find out exactly what the grant application includes. Mr. Sund requested that she also ask for the total
number of applicants that are being approved for the housing rehab program and also would like to know the expenditures
per unit.
Mr. Alonzo moved to close the public hearing. Mr. deBettencourt seconded. On vote, motion carried, 5 in favor, O
opposed.
Ms. Carabba returned to speak to the BOS at 8:23 p.m. to inform them that she had spoken to Shelly Hatch from MRPC
via telephone and Ms. Hatch informed her that there is an OMNIBUS letter that needs to be submitted with the grant
application that the Chair needs to sign.
Ms. Carabba also added that there were 11 applicants on the waiting list for the Housing Rehab program and they will be
able to handle 10 cases.
===PAGE 3===
CURRENT BUSINESS
1. Temporary Sign Regulations - Mike Sauvageu, Building Official spoke of the temporary signs that are placed on
the lawn of the Ritter Building and at the intersection in the center of town. He said that the town by-law allows for
temporary signs during the election period, construction sites, and sandwich signs. He feels that temporary signs can be a
nuisance in town by being too close to the intersections where they cause traffic problems. He also removes illegal signs
through out the town on a daily basis. Mr. Sauvageau would like to work with the Planning Board Director to adjust the
by-law so that the signs are regulated and in uniform.
Mr. Sund spoke and said that he agreed with Mr. Sauvage that something needed to be done about the sign situation.
Ms. Bertram also agreed and thinks that standardizing would be the best thing to do.
Mr. Alonzo stated that the by-law unfairly limits businesses to address special events that are not on the main roads.
This matter will be given to the Planning Board for their review and the BOS thanked Mr. Sauvageu for his input.
2.. Minutes/Warrants/Action File Issues -
Minutes: None
Warrants - W31-11, 12/7/10, $138,995.40
12P11, 12/9/10, $717,195.17
12MB11, 12/9/10, $1,693.13
12M11, 12/3/10, $2,991.36
Action File Issues - None
3. Committee Report - Mr. Matthews reported that the School Committee met last Wednesday and that they are still
reviewing budgets. The Superintendent's budget will be released on December 15" and the first budget hearing will be
held on January 5"
. He also mentioned that the new side walks have been installed at the High School by the Monty Tech
students. The sidewalks look great and the town was able to save money by using the students to do the work.
Mr. Matthews said that the School Committee is in the process of getting together the MSBA letters of intent which they
have to resubmit for Turkey Hill Middle School and T.C. Passios Elementary School. The BOS will need to sign them.
He also added that Regionalization Committee had met but they are not making any progress due to delays in information
on comparative costs of other high schools coming back from MSBA. He said that the repairs for the High School roof
have been put off for a very long time because of the regionalization discussions which started a couple of years ago. He
tears that the town may have to step in to replace them, only to have them taken down again.
Letters from the school committee have been to sent to MSBA to request that the matter be dealt with swiftly. The BOS
Chair said that she would have no problem sending a letter from the board to help speed the process along.
Mr. Alonzo informed the BOS that the Finance Committee will meet this Thursday at 7:00 p.m. at Town Hall.
Mr. Sund reported that the Cable Committee had met and put together a "bulletin board policy" for items that are
submitted to the cable access channel for viewing.
Mr. deBettencourt reported that the DPW Building Committee met yesterday where they finalized some of the design
which will be used for the new DPW building. They are looking at the budget and are making sure that the numbers all
work.
4. Department Reports - None
5. Town Manager Reports - Ms. Speidel reviewed the list of outstanding items beginning with next Tuesdays meeting
where the main issue will be with the Sewer Commission to talk about their progress renegotiating the sewer IMA.
===PAGE 4===
Ms. Speidel said that she has a conflict with the December 21" meeting date and probably will not be able to attend. Mr.
Sund added that he would not be attending that meeting as well. The Chair recommended that there be no meeting on
December 215l
The December 14 meeting was discussed which resulted in a number of conflicts with appointment times along with the
walk through of the Jones House and an Executive Session meeting which were both scheduled for 6:00 p.m. that
evening. The meeting times were readjusted to accommodate all of the items.
OLD BUSINESS -
1. Status Hearing: Truax Dog Complaint - Ms. Bertram reviewed the original complaint which the BOS had
taken action on at the May 18, 2010 BOS meeting. At that meeting they ordered the dog to be under restraint at
all times, and would come back for review in 6 months. The Animal Control Officer compiled a report that said
that the dog had been loose a couple of times but the owners had restrained the dog each time. The original
complainant was contacted and has not had any more problems with the dog within this time frame.
Ms. Speidel recommended that this matter be closed, based upon the action taken by the dog owner. Mr.
deBettencourt moved to close this matter. Mr. Sund seconded. On vote, motion carried, 5 in favor, 0 opposed.
2. Town Website - Contract with Oscend Technologies - Mr. Alonzo motioned to recommend that the
Town Manager move forward with this contract. Mr. Sund seconded. On vote, motion carried, 5 in favor, O
opposed.
3. FY12 Budget/Financial Forecast Assumptions -Ms. Speidel discussed the five year forecast with the BOS.
She projected a $2.5M deficit in FY12 and would like the BOS input and will be bringing this to the Finance
Committee for their input as well. (See Attached)
Discussion:
Mr. deBettencourt asked what could be eliminated to lower the $2.5M deficit. Ms. Speidel said that under Special
Expenditure Assumptions, #23 & #24, if eliminated, would amount to half of the $2.5M. She does not advocate
for pulling either out but they are the biggest expenditures that we haven't regularly seen before.
Ms. Bertram requested to review each of the assumptions and discuss them to see whether or not the BOS agree
on what should be included.
Ms. Speidel explained that there was not much in new growth this current fiscal year at Emerald Place, she
assumes that new growth at Emerald Place will happen in FY13 & FY14.
There are approximately 66 units which will be coming online at Tri Town Landing at the beginning of the year
and she sees 50% of this showing up in new growth and 50% showing up in the supplemental property tax which
is keyed off of the issuing of the certificate of occupancy that is issued at the completion of the project.
Ms. Speidel has spoken with Representative Benson along with MMA and other Town Managers, and has
estimated a 10% reduction in state aide. She also said that there will be no federal stimulus money available in
2012. She does not anticipate that the state will move quickly in setting their budget for 2012 due to it not being
an election year, although the Governor and the Legislature are working on a consensus revenue number which
hopefully will be available by the end of this month.
Mr. Alonzo indicated to the public that a 10% cut means $600,000.which is not inconsequential.
Mr. Matthews said that it is concerning when the Governor's big concern is finding money to fund health
insurance for immigrants, legal, but still not ahead of us finding money to fund health insurance for our
employees.
Ms. Bertram feels that a 10% decrease will be difficult and the state needs to look long and hard at how funds are
being expended and where the cuts are being made.
Mr. Sund suggested drafting a letter to Representative Benson, which she could relay to the Governor, voicing
concer over taking money away from the Towns and putting it in other programs.
Ms. Bertram will draft a letter on this matter to be sent to Representative Benson and Senator Flanagan.
===PAGE 5===
Under General Expenditure Assumption Ms. Speidel said that generally she is looking at a 5% increase in utilities
except for telephone which she expects 2.5% for expenses. She is using a general 2% increase for other expenses.
She has reinstated into the budget funding for dues, membership, training and mileage reimbursement.
With Special Expenditure Assumptions Ms. Speidel stated that she has included a part time Human Resource
position in 2012 and then will transition that position to full time in 2015.
Under General Government she would like to increase the Towns legal expenses by 3% per year.
She would like to increase the Town Clerks salary by 10% in 2012 and then by 2.5% through the life of the
forecast. She explained that the 10% came from the fact that her salary has not increased since 2009 and she feels
that the office should be open full time, five days a week. She also pointed out that with a 10% increase in salary,
the position would still not equal what a full time Town Clerk should be making.
Ms. Speidel would also like to see all of the offices at Town Hall open for business at the same hours during the
week.
Ms. Bertram questioned a job share with the town and the schools with a part time Human Resources
Coordinator. Ms. Speidel said that the School Superintendent along with herself and staff have researched this
idea and in the end the School Superintendent did not want to move forward with this proposal based on the work
load that would be involved.
Ms. Speidel stressed the fact to the BOS that the town needs a Human Resource person. She feels the position
could more than pay for itself by uncovering grant money and auditing existing policies such as Worker's Comp.
Mr. Matthews remarked that it didn't make sense to him to have two separate tracks doing the same thing and that
we need to be more efficient. Board members along with the Town Manager were all in agreement on this issue.
Ms. Speidel would like to add 1 patrol officer to the Police Dept. per year in 2012 & 2013 and add 1 Sergeant in
2015.
Mr. Alonzo requested that for the Special Expenditure Assumptions alone, he would like to see how much each of
these assumptions would cost the town over time. The BOS would also like to know the cost of how much it
would be to completely equip a new patrol officer each year.
Ms. Speidel would like to phase in a second shift at the Fire Dept. for additional coverage. This would be a non-
benefit position. Her reasoning for this is that on weekends if an ambulance call comes in, someone has to be
called in to get the ambulance which can take a significant amount of time.
Mr. Matthews stated that he knows how hard the Fire Dept. works but feels that all aspects should be looked at
concerning finances before doing this.
Restoring additional hours for a part-time Building Inspector was discussed. The part-time inspector would be
used to cover for the Building Inspector during vacation or training time at an average of 10 hours per week.
Ms. Speidel would like to increase the stipend to Emergency Management Director due to the volume of work
that is done.
For the School Department Assumption Ms. Speidel said she used the Superintendents projections which were for
level service. She had received copies of the presentation that the Superintendent gave to the School Committee
and she will circulate those to the BOS.
Ms. Speidel said that the Monty Tech assessment is assumed on how many students they have attending.
Discussion concerning the DPW Assumptions ensued. The BOS would like to know more about why the work
force will be doubling in five years. They feel that the town needs to know what tasks are not being accomplished
now, that need to be accomplished.
Ms. Speidel would like to see an additional maintenance worker added to DPW. She said that through our
insurance company there are certain proactive measures that we could take that could save money on the
insurance premium but it's difficult to do because of the staffing right now.
===PAGE 6===
Mr. deBettencourt brought up the fact that he would like to see a person that would be used by both schools and
the town for a position like this. Ms. Speidel agreed and feels that consolidating a maintenance department would
save the town money.
Ms Speidel spoke of the solid waste assumption and explained that this is the cost of the solid waste disposal and
recycling program. She said that she will have a better number on this because they are going out to bid before
the end of this fiscal year.
Ms Speidel would like to add another non-benefit person to do Outreach at the senior center. She stated that the
Outreach worker serves somewhat in the capacity of a Social Worker to help people qualify for food stamps, fuel
assistance and other benefit programs and that there is usually a line of people waiting to see her on a daily basis.
Ms. Bertram suggested checking with Nashoba Board of Health to see if they have some sort of Outreach
Program that our residents could take advantage of.
There was confusion about the library hours being cut and Ms. Speidel will double check those facts.
Ms. Speidel is looking to have the CWMARS membership being paid out of the town operating budget rather
than rely on State funds.
The 10% increase in the retirement assessment enables the town to meet the annual assessment which includes the
unfunded contribution towards the unfunded liability. Ms. Speidel would like to invite the Executive Director of
the Worcester Regional Retirement System to come out and make a presentation to the BOS and Finance
Committee about the retirement system.
Ms. Speidel said that they are in the process of doing a detailed audit on the Workers Compensation and may be
able to reduce the assumed increase of 5% to 2% based on the audits results.
The contribution to the stabilization fund assumption of 5% increase is due to the fact when operating expenses
increase, so does the stabilization fund.
The $750K towards the Pavement Management Plan is for making road improvements in accordance with the
Pavement Management System. This would be in addition to the approximate $300K that is received on an
annual basis from Chapter 70.
Mr. Matthews asked about the Health Insurance which was not included as a line item on the Forecast. Ms.
Speidel told him that the Assumption on the Health Insurance is 10%.
Mr. Matthews said he would like to see a change in the Health Insurance offered to town employees so as the
town and the employees could save more money.
Ms. Bertram feels that there is a lot more in depth discussion that is needed about the forecast. She would like to
meet with all the departments to understand what it is that we gain from this personnel, what services are we not
currently doing that we are going to be able to do, and she feels that the sooner we do that the better.
Mr. Alonzo thanked the Town Manager for putting the Assumptions together.
Ms. Bertram also thanked the Town Manager and mentioned that she did a phenomenal job at Town Meeting and
thanked her for that too. She said that Ms. Speidel's thoroughness is a real asset to the community.
4. Review RFP for Sale of Jones House - Ms. Speidel requested that the BOS review the RFP for the sale of
the Jones Houses to identify any additional information that might be needed in order to keep the project moving
She said that the tenants have vacated the property and if any members of the Historical Commission or the BOS
would like to walk through the property she would be able to arrange that. The property is being winterized and
there has been some minor repairs to the roof all done by the DPW.
Representatives from the Historical Commission were present to speak about the Jones House. They said that the
outside of the house has the historic values and the Historical Commission is not that involved with the interior of
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the house. That part will be up to the architects and designers who will be working on it. The original shutters
from the house are in the barn and need to be put back onto the house after the work is complete.
Mr. Alonzo was concerned about the condition of the house and the ability of who ever purchases it to be able to
follow through with the guidelines set by the Historical Commission. He questioned a "no demolition" clause and
would like to ensure that if the buyers do not follow through with the guidelines that the town will be able to buy
it back through a "reverter clause".
Pat Slattery, member of the Historical Commission spoke and said that he had copies of the revised RFP that he
will give to the Town Manager and the Chair. He explained the format used for developing the RFP is the
standard format which includes the reverter clause.
After a short discussion the board was satisfied with the RFP but would like to look at the price of the property
again in Executive Session. There will also be a walk through scheduled of the property for next Tuesday at 6:00
p.m. and the RFP will be forwarded to Town Counsel.
APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS - None
EXECUTIVE SESSION - None
Being no further business, Mr. deBettencourt motioned to adjourn the meeting. Mr. Sund seconded. On vote, motion
carried, 5 in favor, 0 opposed
Meeting ended at 10:12 p.m.
UPCOMING MEETING SCHEDULE
December 14, 2010
December 21, 2010
Respectfully Submitted,
Susan Doherty, Recording Secretary
Board of Selectmen

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DOCUMENT : 2010-12-14-agenda-4743.txt
BOARD    : select-board
DATE     : 2010-12-14
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2010-12-14-agenda-4743.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12142010-4743
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