# select-board — 11 documents, concatenated for reading and search # # This is a CONVENIENCE BUNDLE, not a source. Every document below is # published separately and byte-identically; cite the individual file, # whose path is given in each header, rather than this bundle. # Index of all boards: https://lunenburgbudgetproject.org/minutes/INDEX.txt # The town's own scanned original is linked per document. ======================================================================================== DOCUMENT : 2011-06-14-minutes-4759.txt BOARD : select-board DATE : 2011-06-14 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2011-06-14-minutes-4759.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06142011-4759 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Dave Public Safety held a Memorial Service this past weekend and expressed appreciation to all those who have served today and before. Board would like to be included on the invitation list in the tuture. ANNOUNCEMENTS APPOINTMENTS 1. 7:15 PM Class Il Licensing Hearing for Shawn Sawyer, d/b/a/ Dr. Auto Sales & Service - Dave opened the Hearing accordingly: The Licensing Authority will hold a public hearing on June 14, 2011 at 7:15 PM in the Joseph F. Bilotta Meeting Room, 2nd Floor Town Hall on the Class I! License application submitted by Shawn M Sawyer, d/b/a Dr. Auto Sales & Service. This license is to be exercised at the premise located at 541 Chase Road, Lunenburg MA. Shawn was present and informed the board of his plans, has been in the business all of his life, his father has been in the business for about 30 years and now are attempting to get into the sales aspect. It will be a mixture of both service and sales. They have gone to the Zoning Board of Appeals and understand their restrictions, they have been operating the service aspect since March, not the sales part. Paula motion to approve license, Steve seconded voted unanimously. 2. 7:30 PM Public Hearing, Alcohol Beverages License, 84 Lakefront Avenue, RNDC, Inc., d/b/a RG Scooters Bar & Grille - Dave read the attached notice that was sent out to RG Scooters. We had posted a public hearing for June 8, 2011 at 7:30 p.m. pursuant to MGL Chapter 138, Section 23 to discuss the alcoholic beverage license granted to RNDC Inc., d/b/a RG Scooters Bar & Grille. The hearing concerns incidents set forth in the police report dated March 22, 2011, Incident #11-183-OF. According to the report, both David Cioffi and Rhonda Newman, owners of RO Scooters, impeded a police investigation by refusing to provide intormation relative to a theft that occurred on March 22, 2011. While the Lunenburg Police Department chose not to file charges against either owner, they've has referred the matter to the board in their capacity of Licensing Commissioners. The Lunenburg Licensing Commission adopted License Regulations on April 6, 2010. Among other things, these regulations address: Other Causes for Revocation, Suspension and Modification [1.13); and Liquor License Sentencing Guidelines [1.14]. By failing to provide requested information to the LPD regarding the March 22, 2011 incident, the owners of RG Scooters could have been charged under MGL Chapter 138, Section 63A with "hindering or delaying investigator, inspector or agent of commission," and been subject to tines and/or imprisonment. By failing to provide the requested information, the owners are in violation of Section 1.13 (4) of the Lunenburg Licensing Commission License Regulations. Violation is subject to the imposition of penalties set forth in Section 1.14. This is a first offense by RG Scooters, which carries a penalty of "warning to seven day suspension." Any penalty imposed by a local Licensing Commission is appealable to the ABCC within 5 days of imposition. Subsequently the hearing date was changed to tonight. Those presenting testimony were sworn in by Town Clerk Kathryn Herrick. Chief Bourgeois noted in summary that he will have Sgt. Gammel present testimony and noted that under MGL Chapter 138, section 3A allows for the town to assess penalties for hindrances and delays caused by individuals during the course of any authorized investigation by the licensing authority. Sgt Gammel reviewed the brief summary of the police report, attached. His main reason for being here is that he is not able to close out this case without being provided the tapes, and that Ms. Newman was adamant that no crime had been committed as the stolen property was returned. According to Gammel the incident occurred on March 22, Scooter's owner Rhonda Newman hindered the Police Department in their investigation of the theft of camera bag containing a camera and over $50 worth of items from Emily Ashman that she reported had been stolen from RJ Scooter's Pub, 84 Lakefront. Steve questioned the relevancy of the cited MGL Chapter as it relates to fines and/or imprisonment being assessed. Per the Chief they (PD) believe that this incident was a true hindrance to the investigation as Ms. Newman was uncooperative and became belligerent when requested to turn over the video tape of the night of the incident. Attorney Pusateri was present to represent RNDC Incorporated questioned Sgt. Gammel; and reviewed the police report and noted that he (Gammel) indicated that she (Rhonda Newman) would only provide the tapes if the victim was pressing charges. To which Ofc. ===PAGE 2=== establishment for four years. To which Ernie questioned if they've ever reviewed their license that was issued and suggested that they actually read the license. Ernie noted the second paragraph on the license that specifically states "This license is granted and accepted upon the express condition that the licensee shall in all respects, conform to all the provision of the Liquor Control Act, Chapter 138 of the General Laws, as amended, and any rules or regulations made there under by the licensing authorities." Tom questioned whether the client denies refusing or allowing access to the tapes with conditions. According to the attorney she would provide the tape with conditions. Tom questioned specifically what you meant "only if certain conditions were met"; would the video be provided to the police? Attorney noted that what's happened here was a lack of communication; to what degree his client was facilitated by the PD to obtain data and to a certain degree it's not unreasonable to have a knee jerk reaction that was enacted but not based upon some fantasy. Dave Sgt. Gammel requested specific information to help him in his case and that was refused. Attorney Pusateri noted that his client knew who the person (perpetrator) was and had taken immediate steps to rectify the problem almost immediately. Tom questioned if the Attorneys client denies that a crime occurred at their establishment and per the attorney, NO, Rhonda understands this now. Chief Bourgeois stated that the police are licensed agents of the town and any license holder is expected to comply with law enforcement and noted that this was clearly a hindrance of a criminal investigation. You want the evidence early and secured and not out there for some period. It was important to get that information from the police officers perspective in order to investigate the crime. Attorney noted that she would have participated in their requests had she been informed that this was a crime. Attorney Pusateri commented respectfully, hindsight being 20/20 there is a regulation that provides the production of the information. Herein lies what the problem is, this is an anomaly that happened, client refused to provide the information; if a police officer were to come again to the facility, they would comply. Dave looked at it differently, a crime did occur and client essentially disappeared and refused to provide the officers with evidence. Per the Attorney, the evidence existed for two weeks and as far as admissible evidence, there is all the evidence that we need if we were to prosecute this crime. Don't believe that they tried to cover up; they allowed the person to review the video and identify the individual. At no time did they try to deny that this crime ever happened, there is not that level of cover up. Dave believes that they (Scooter's) did everything they could to make this go away. Agents have full ability to prosecute, noted that this was another issue. Paula is pleased to hear you say that the license holder will proceed with compliance with the law enforcement agent. The reality is that as a license holder it clearly states that they are to comply fully with MGL Chapter 138 and that full cooperation is expected. Her concern is that any establishment is expected to comply fully with the Police Department; it is not up to the license holder to determine if that information is to be provided Ernie questioned the Chief on whether he's ever been involved in investigations of this nature and he has not. Sgt. Gammel noted that they have had investigations at other establishments and officers within the police department have investigated incidents at establishments and owners complied with their requests. Attorney, in addition to that citation, had his client been presented with her specific obligation we wouldn't be here, officer seems to come short on "and you need to provide this information to us", a breakdown of communications did occur. Per Dave as a license holder in town it is her responsibility to know what her obligations are, to which Attorney Pusateri agreed. Dan would suggest to the board that this evidence is not negotiable and is a clear denial to provide this information to the licensing authority. Choose not to charge the owner and added that the victims of the crime decided or persuaded a number of different ways not to prosecute. Attorney reiterated his clients willingness to assist in investigation and would only provide them if the victim pressed charges. Dave closed hearing and reviewed the regulations.... Open to discussion, Paula the first part, believe that it's clear that a violation has occurred to which the whole board concurred. Dave the way this played out, he understands but doesn't like the fact that the victim was put in a place where she had to make a decision and requested input from Chief Dan as to his recommendation. ===PAGE 3=== they reviewed the police report. Tom the request was made for this video tape and the owner did not provide as required by law, and cannot have investigations that are contingent upon compliance with the establishment owners. He would recommend a fine of $100 in accordance with our guidelines and suspension of 3-5 days, Ernie would recommend the full 5 day suspension, Steve and Paula agree with the recommendation of the Chief and would hope that all establishments are encouraged to operate and cooperate fully with our police department. Dave also agrees and would recommend setting a tive day period and allow two weeks out in order tor them to appeal to the ABCC. Dave move to find that a violation of the Towns License Commission Regulations, section 1.13 (4) and MGL Chapter 138, Section 63A, occurred and further that the RNDC (RG Scooters) is hereby issued a suspension for June 29, 30, July 1, 2 and 3rd, Tom seconded. Attorney Pusateri noted that the suspension is going to fall over a holiday weekend and they are still going to be able to function in a very difficult time, he would request that a suspension be from a Sunday to Thursday. Paula realizes that this is a significant holiday and would be willing to move the suspension out a week, Tom concurred that giving this out is extensive and moving out a week in not unwarranted. Dave amend the motion to five days to be served to July 6'h, 7ih Tom seconded, Paula yes, Steve yes, Tom yes and Dave yes, Ernie no as he believes the first dates were accurate. Hearing closed at 9:07 PM CURRENT BUSINESS 1. Approve: Recycling/Solid Waste Contract with Casella Waste Services, Auburn MA - Tessa David, NORSWC (Mass Toss Director and Gerry Galena, General Manager of Casella Waste Services was present. The town went through the bidding process with the assistance of Tessa David and town meeting has also approved a ten year term. According to Tessa, we will continue with the single stream recycling, the routes and schedule will remain the same. Flyers are being written and will be available for all households that reiterates what can go into the recycling. She also reminded residents about the PAYT (Pay As You Throw) program, the pricing is also on the flyer for the two different size bags. Arrangements can be made directly with Casella for bulky goods with payments directly to the vendor. We've received glowing reports from the communities that currently use Casella and expect the transition to go seamlessly. There is a new number to call, trash and recycling must be out by 7:00 am and bullky waste will be picked up on the same day as the trash. Kerry reiterated that the recycling is available to all households and not just those that participate in the PAYT program. Steve motion to approve, Tom seconded, voted unanimously. 2. Approve: Joint Representation Agreement for review of Regional Dispatch, IMA - Kerry reviewed the meeting where Chief Glenny came before the board on the Regional Dispatch and a draft of the regional agreement. The Town of Lancaster also is represented by Kopelman & Paige and as such they (K&P) are requesting that Lunenburg consent to their representation of the Town of Lancaster and the Town of Lunenburg regarding the proposed Agreement and to sign a "Determination" form accordingly. By reviewing the document we are not committing, but moving on to the next stage. Provided a copy of the presentation that was made yesterday among the communities that are participating. Hoping to have communities enter into the IMA sometime over the summer. Would like to have Chief Glenny come back next week to go over the presentation, right now they are looking to assess a flat assessment to all the communities, based upon participation and not the workload. Kerry would like the board to consider and hopefully approve the request for joint representation for Lunenburg and Lancaster, Steve so moved, Ernie seconded. Paula's concern is that we haven't had an in depth conversation as she has a number of questions in her mind and concerned to have counsel move forward to review an agreement when we haven't had the opportunity to discuss among the board. Kerry believes that it is going to take K&P about three weeks to review and would like to have this process work in parellel. Dave qustioned the financial impacts of the document and Kerry would like to start this process as soon as the boards next meeting Ernie reflected back on the meeting last year that he attended in Rutland and it was decided with that group not to participate and he wanted to see a smaller group to bring it into focus and into this area. As such he would like to endorse this and move through it as best we can and frugualy as we can and at the same time look at the financial aspect as he believes that this will benefit us as well. ===PAGE 4=== the Green Community, Tom Finance Committee and Mass Broadband and Dave School Committee. a. MART Advisory Board - Current appointment to the MART Advisory Board is Rob Bowen and Kerry will confirm with him that he is still interested b. Primary & Alternate for Sewer IMA Negotiations at request of Sewer Commission - Paula questioned the status of a revised document and if we could check on status. She would be interested in serving in some capacity, Dave would like to see her as the primary and Tom would also be interested in serving. 5. Minutes - Board of Selectmen Regular and Executive Session for 6/7/11 reviewed and signed. Warrants - #68 11, 6/14/11 - $359,705.85 reviewed and signed. Action File Issues - Tom questioned a bid for one of the parcels that we had put out to bid on Pratt Street and what was going on with that offer. Kerry did respond and advised him what the minimum bid was and had been established. We can go through a negotiated sale on that as we did go through the bid process and they are valued at less than $25,000, so we may be able to sell off additional parcels. Paula would like to receive a status update on the Lake Shirley Dam and according to Kerry we are now working with Stantec and they are working on the inspection which we can expect a report on within the next few weeks. Steve also would like an update on the status of TriTown landing, the number of students and the status of the pot holes. Paula will check with the Planning Board on the update for TriTown. Steve also questioned the parking allowance per unit on that development and how this is working out. Kerry will place under updates for her next meeting. 6. Committee Updates - Paula has information on the Planning Board and she was advised that they will be conducting workshops to address some issues before them. Kerry had discussion with the Town Clerk and will get something in writing as neither she or the Town Clerk would advise this method. Paula noted that this raises concerns as to what could potentially discussed and would like clarification. Also noted that on the third building at TriTown project is dependent upon when funding will commence from the State; uncertain at this time on the status of buildings 4, 5 & 6. Steve noted the recent bid on the DPW Renovation and that a number of bids came back and are still over the amount that has been appropriated. They cut the project down to as tight as they can get it and the project will come back to this board so that we can go after a Special Town Meeting for an additional appropriation as there is nothing else left to cut. Tom questioned how much the first bid was over and according to Steve about $600,000 and this one was about $150K over. Dave did attend the past meeting of the DPW Building Committee and they are going to fine tune to see exactly where we need to be in order to go for a Special Town Meeting. Per Kerry the Committee would like to come before the board next week and discuss the possibility of a Special Town Meeting and what specifically they would be looking for as far as a dollar amount, looking at July 18'h which would allow us to request an extension to hold the bid to 45 days. There is no way to go forward with this project without not Dune represent weing or opening us up to liability without having enough funding. We would be looking at opening the warrant next week and close the next day so that we can get the warrant printed and notices sent out in time. Noted that it would be difficult to request the bidder to hold their bid for any longer than 45 days. 7. Department Updates - 8. Town Manager Updates Kerry attended the public hearing at DPU on the Municipal Aggregation and we are one of three communities attempting to aggregate our municipal load. The towns of Ashland and Lanesborough are also before the DPU. Noted that DPU wants to handle all three cases the same and granted a discovery period through July 11" and scheduled a status hearing for July 12'. We're lookking to go out to bid in the fall and know that Unitil goes out to bid in December, there have been no issues just moving slowly as we are in line with tow other communities. ===PAGE 5=== UPCOMING MEETING SCHEDULE June 21, 2011 July 12, 2011 Being no further business board voted unanimously to adjourn Regular Session at 9:08 P.M. and opened Executive Session by roll call vote; Steve aye, Tom aye, Paula aye, Ernie aye and Dave aye, in accordance with M.G.L. Chapter 39, §23B (3) for the purpose of discussing strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government's bargaining or litigation position. Chairman announced that the Board would not be returning to Regular Session Respectfully submitted, Laura Williams, Chief Administrative Assistant Board of Selectmen ===PAGE 6=== May 12, 2011 RNDC, Inc, d/b/a RG Scooters Bar & Grille Rhonda Newman 84 Lakefront Avenue Lunenburg, MA 01462 moved 6/14/11 7:30p' VIA CERTIFIED MAIL Re: Alcoholic Beverages License, 84 Lakefront Avenue- Notice of Hearing Dear Ms. Newman: On May 24, 2011 at 8:00 p.m., the Board of Selectmen, acting in its capacity of the Licensing Commission, will hold a hearing pursuant to M.G.L. Chapter 138, Section 23 to discuss your alcoholic beverages license #063600004, at 84 Lakefront Avenue, Lunenburg. The hearing will be held in the Joseph F. Bilotta Meeting Room, Lunenburg Town Hall, 17 Main Street Lunenburg... The hearing will concern incidents set forth in the police report dated March 22, 2011, Incident #11-183-OF, a copy of which you will find enclosed. You may attend this hearing and be represented by counsel at your own expense if you wish. These allegations, if proven, may constitute violations of M.G.L. Chapter 138, Section 24, in that it is alleged that you failed to cooperate with and hindered the Lunenburg Police Department in their investigation of alleged criminal activity occurring at your establishment on March 20, 2011. These allegations, if proven, would constitute grounds for disciplinary action, including warning, suspension or revocation of your license. If you have any questions, please contact this office. Sincerely, Spidel Kerry A. Speidel Town Manager: /kas ======================================================================================== DOCUMENT : 2011-06-21-agenda-4760.txt BOARD : select-board DATE : 2011-06-21 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2011-06-21-agenda-4760.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06212011-4760 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN /g45/g88/g81/g72/g3/g21/g20/g15/g3/g21/g19/g20/g20 7:00 PM – 2 ND FLOOR TOWN HALL JOSEPH F. BILOTTA MEETING ROOM AGENDA PUBLIC COMMENT ANNOUNCEMENTS APPOINTMENTS 1. 7:00 p.m. Janet Morrison, Executive Director, N orth County Land Trust 2. 7:15 p.m. DPW Building Committee Update 3. 8:00 p.m. School Regionalization Committee Upda te CURRENT BUSINESS 1. Request from Building Official to appoint member to Survey Board 2. Request for Special Town Meeting; Open Warrant 3. FY2012 Annual Appointments 4. Minutes/ Warrants/ Action File Issues 5. Committee Updates 6. Department Updates 7. Town Manager Updates OLD BUSINESSS 1. Nashoba Valley Regional Emergency Dispatch Propo sal COMMITTEE APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS 1. FY2012 Annual Appointments EXECUTIVE SESSION UPCOMING MEETING SCHEDULE July 12, 2011 July 19, 2011 ======================================================================================== DOCUMENT : 2011-06-21-minutes-4760.txt BOARD : select-board DATE : 2011-06-21 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2011-06-21-minutes-4760.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06212011-4760 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== KEEPE BOARD OF SELECTMEN MEETING MINUTES 6/21/11 The Board of Selectmen met in the Town Hall, Joseph F. Bilotta Meeting Room as scheduled with Paula Bertram, Ernie Sund, Tom Alonzo, Dave Matthews and Town Manager Kerry Speidel present, Steven M. deBettencourt absent. Meeting opened at 7: P.M. with the Pledge of Allegiance PUBLIC COMMENT ANNOUNCEMENTS 1. DPW Director Jack Rodriquenz expressed appreciation to the Turkey Hill Gardeners for the great job that they do with the town center every year. APPOINTMENTS 1. 7:00 PM - Janet Morrison, Executive Director, North County Land Trust - present to request the board approve a Conservation Restriction, presented information on the North County Land Trust, approximately 21.5 acres. Mr. Millington continues to own the property outlined in red on the maps, property has conservation value which is why the Land Trust is interested in having a conservation restriction placed on it. This keeps the property from being developed forever, no matter who owns it. Tom questioned how many acres the Trust owns and per Janet own... and hold conservation restrictions in a number of communities in the Northern Worcester County, they also have another property in Lunenburg. There are no notice requirements to abutters, no public notice. Only an application, which has been signed by the Conservation Commission, municipal certification that states this property is worthy of a conservation restriction. Basically the conservation restriction states for scenic views, wildlife habitat and is in accordance with the town's' open space place. Not to shut down and open space activity, only to prohibit development, motor vehicle use on the property with the exception of property management, i.e., timber harvest rights etc., land cultivation are given back. The conservation restriction does not prohibit hunting or fishing as those restrictions are up to the property owner who owns the land at the time, currently restricts public access. They usually do restrict motor vehicle access, but not bicycling etc., passive recreational use is allowed. Dave questioned this type of restriction versus Chapter 61 A and/or B, which according to Janet those are generally a tax benefit for the property owner and they do remain on the tax rolls. We recommend that the property owner continually enroll their land as Chapter land and she will inform Mr. Millington's attorney that he should enroli. Dave noted that for the record the Conservation Commission did unanimously approve this restriction. Board concurred that protection of open space is a valuable asset for the town. Tom motioned to certify that at a public meeting duly held on June 21, 2011 the Board of Selectmen approve the foregoing Conservation Restriction to North County Land Trust Inc., pursuant to MGL Chapter 14, Section 52, Paula seconded, voted unanimously to approve. 2. 7:15 PM - DPW Building Committee Update - Chairman Dave MacDonald presented and reviewed the attached information of the project costs which details the additional funding request for the DPW addition/renovation. The committee does not want to deviate from the goals that were established by the Feasibility Study Committee and presented at Town Meeting. The only recommendation the committee now has is to request the board call a special town meeting to go back to the town for additional funding. Noted that we cannot start a project without the funds and where they are at right now, having gone out to bid twice, is out by $192K Board concurred that the committee has done a phenomenal job if we take things out, we're not going to end up with a facility that we need in the end. According to Kerry, the financial impact on this would be about $15,000/year, we're at a point now even if we did take something out, and we wouldn't be building what was presented at town meeting. Kerry has discussed with the bidder's holding their bids for the additional time necessary in order for the town to go back to town meeting for additional funding and most agreed to hold to July 31s!. We could still get this project started in July if the town approves funding. Dave M., reviewed the attached proposed timetable and article language. Tom move that the board approve holding a special town meeting on Monday July 18", to open the warrant this evening and close on June 24@12:00, noon. 8:00 PM - School Regionalization Committee Update - Milree Keeling and Greg Berthiume were present with Brendan Grady Chair of the School Regionalization Planning Committee was present to review the steps that the committee has made to this point. According to Brendan, for the past year or so the committee has been working with North Middlesex Regional School system to determine if we should pursue regionalizing with them. Working through the MSBA several times, requesting information which they did not receive in time, not until six months later than needed did they receive. Their original numbers that they had determined for the districts were no longer valid. Expect to get a revised model back by the end of this month and would like to ensure that all their concerns are addressed. In the end, to review the model and come up with some recommendations based upon the assumptions. The ===PAGE 2=== budget always seems to be a moving target, for the committee, they want to have a recommendation for the town to move forward with. The intent is to give a recommendation that is in the best interest of this town. Tom questioned if we fit either academically or financially as a region. According to Brendan, from this point we are looking at the financial, but you never want to discount the academic component, but they are focusing on the financial. The objective of the committee is going to be to come up with a recommendation to the town on regionalization but realizing there will be necessary negotiations between the two communities Board and committee members expressed their frustrations with the MSBA in their delays in submitting determinations and responses to requests for further information and the amount of time that it has taken to receive their input, not only on investigating the options of regionalizing with Ayer/Shirley and now with North Middlesex option. The Committee believes that they have to come back before the board by the end of summer with a recommendation. CURRENT BUSINESS 1. Request from Building Official to appoint member to Survey Board - Kerry informed the board that there is a procedure in the building code for hazardous structures which will give the Bl the ability to deem a property insecure and hazardous. There is a property that is under the foreclosure process which is expected to occur sometime in July. The home right now is vacant and has been under the eye of the Police Department. Mike's recommendation is to have the DPW Director serve on this board in place of the "Town Surveyor" as she has been advised by Building Official Mike Sauvageau that there is an abandoned home located at 196 Leominster Road. He has determined that the building qualifies as an unsafe structure. He has attempted to contact the owner, Timothy J. Morse, on a number of occasions regarding the condition of the building, but has been unsuccessful. He has also contacted the mortgage holder and has been advised that the property is in foreclosure. He has advised the mortgage holder, World Savings Bank, that the property needs to be boarded up and that the trash needs to be removed, World Savings Bank is unwilling to take any action until the foreclosure process has been completed. At the present, the foreclosure is scheduled for mid-July, but that is subject to change. The property is a hazard and is also of concern to the Police Chief. The Town is able to secure the property and lien the property for expenses incurred under the process identified in 780 CMR 5121.6. The first step in the process is the formation of Survey Committee, This committee is made up of: A disinterested person appointed by the Building Official, Fire Chief, and Town Surveyor. In the absence of any one of these officials, the Board of Selectmen shall designate one or more suitable persons to serve on the Board. The purpose of the Board is to make a careful survey of the premises and to determine what work is needed to secure the property. The list of work is then documented in a report that is served upon the property owner. If the report declares that the property is dangerous and open to the weather and the owner continues to refuse to make the necessary repairs, the Building Official may cause the work to be completed and the cost of the same to be liened on the property. Paula also questioned about a property in her neighborhood and her desire would be that the committee not only focus on this property but other properties that are known are also addressed, noted one on Peninsula Drive. Per Kerry the intent is that as this process moves on, there will be other properties that are brought to our attention. Board concurred that this is a good opportunity to get in process as there are a number of properties in foreclosure. Paula would also like to have some idea of what financial impact we may experience in reviewing these properties. Ernie questioned if there is a way that we could investigate what properties may be in foreclosure. Ernie motioned to appoint the DPW Director, Jack Rodriquenz to serve on the Survey Board in lieu of Town Surveyor, Tom seconded, voted unanimously. 2. Request for Special Town Meeting; Open Warrant - 3. FY'2012 Annual Appointments - Kerry read the attached list of "Town Manager Appointments/Re-Appointments" in accordance with Section 42(d) of the Town Charter. Board will hold on the appointments to the Technical Advisory Committee for further information. Paula motion to ratify the appointments as recommended by the Town Manager with the exception of the Technical Advisory Committee, Tom seconded, voted unanimously to approve. Dave read the attached Board of Selectmen Appointment/Re-Appointment list, question on the Montachusett Joint Transportation Committee. Paula wants to ensure that the appointment of Town Counsel is going to continue as a base rate, also questioned the option of obtaining bids for legal counsel. Tom would entertain looking at other options that may be available for counsel services. Kerry would say that since we've had a change in our appointive contact with Kopelman & Paige, we are getting a better response and feels that we would be hard pressed to get a better financial deal for the town. Dave and Ernie would like to remain with this firm for another year and that the process has seen an improvement over the past year. Paula would like to suggest that we go out to bid next year, to which Tom concurs as it's always good to know what else is out there. According to Kerry Kopelman & Paige is going to continue with their proposal and have reduced their rates by $5.00 per hour of what we had been paying. Tom move to approve, Paula seconded, voted unanimously. 4. Minutes - none Warrants - #69 11, 6/21/11 - $321,339.44, #70 11, 6/22/11 - $314,192.43 and #26 P11, 6/23/11 - $720,456.59 reviewed and signed. ===PAGE 3=== Action File Issues - None 5. Committee Updates - Tom, Mass Broadband Institute has submitted a change in the routing, now 2A be covered from Fitchburg and a spur that crosses Leominster/Shirley Road. PACC met last evening and need volunteers for the committee, have made productions on DVD on the school presentation of Mame and the lip sync program which are available at the school. They have also recorded the graduation and will have these available in the future. Since January they have developed 18 programs, there is also a facebook page that has their schedules. Meet once month. Dave School Committee met wednesdya and voted to accept the final budget, discussions on bus and parking tees. 6. Department Updates - 7. Town Manager Updates Kerry was advised that the DPW Director has worked out an agreement with Markk Trembley of MCI Shirley they have agreed to send a crew of 8 on Mondays and Tuesdays through the summer and may continue for a longer period of time and will be working in our cemeteries. Will save us tens of thousands of dollars worth of work. The Fire Department will be holding a drill at the Primary School this Friday and will involve ambulances, also has submitted the enhanced public safety actions for the Fourth of July Holiday. Status report of Lake Shirley Dam and will be receiving this information from the DPW Director in a short time. Also on the repair of pot holes, they are repaired quickly upon receiving notice. He did point out that not all road repairs are pot holes and may entain further action. OLD BUSINESS 1. Nashoba Valley Regional Emergency Dispatch Proposal - Per Kerry, the Chief would like to set up a time to discuss, either earlier on the 12m or a workshop. Her recommendation is for 5:45 on July 19, board will check their schedules and get back to her on their availability. Paula is questioning if there is additional financial information that the board could review, startup costs and how those costs will be moving forward. The draft agreement talks about a detailed budget breakdown that is blank. She will meet with both the Chiefs prior to this meeting. Dave has requested that the board submit their Town Manager evaluations to him by July 1st, so that he has time to tabulate and board can discuss at their July 12' meeting COMMITTEE APPOINTMENTS/REAPPOINTMENTS/RESIGNATIONS 1. FY'2012 Annual Appointments - EXECUTIVE SESSION UPCOMING MEETING SCHEDULE July 12, 2011 Being no further business board voted unanimously to adjourn Regular Session at 9:15 P.M. Respectfully submitted, Laura Williams, Chief Administrative Assistant Board of Selectmen ======================================================================================== DOCUMENT : 2011-07-12-agenda-4761.txt BOARD : select-board DATE : 2011-07-12 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2011-07-12-agenda-4761.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07122011-4761 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN July 12, 2011 6:00 PM – 2 ND FLOOR TOWN HALL JOSEPH F. BILOTTA MEETING ROOM AGENDA PUBLIC COMMENT ANNOUNCEMENTS APPOINTMENTS 1. 7:00 p.m. Alan Parker, Troop 1728, Eagle Scout Project Presentation 2. 7:15 p.m. Michael Roy, Auctioneer’s Permit Appl ication CURRENT BUSINESS 1. Lunenburg Farmer’s Market 2. FY2012 Annual Appointments 3. FY2011 Budget Adjustments 4. Minutes/ Warrants/ Action File Issues 5. Committee Updates 6. Department Updates 7. Town Manager Updates OLD BUSINESSS COMMITTEE APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS 1. FY2012 Annual Appointments EXECUTIVE SESSION- Beginning at 6:00 p.m. 1. M.G.L. Chapter 39, Section 23B [3], to discuss s trategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government’s bargaining or litigating position. 2. M.G.L. Chapter 39, Section 23B [6], to consider the purchase, exchange, taking, lease or value of real property if such discussion may have a detrimental effect on the negotiating position of the governmental body. UPCOMING MEETING SCHEDULE July 19, 2011 August 2, 2011 August 9, 2011 August 16, 2011 August 23, 2011 ======================================================================================== DOCUMENT : 2011-07-12-minutes-4761.txt BOARD : select-board DATE : 2011-07-12 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2011-07-12-minutes-4761.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07122011-4761 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MEETING MINUTES 7/12/11 As Is sand The Board of Selectmen met in the Joseph F. Bilotta meeting room at Town Hall as scheduled with David Matthews, Tom Alonzo, Paula Bertram, Carl "Ernie" Sund, Steven MI. deBettencourt and Town Manager Kerry Speidel present. Regular Meeting opened at 7:01 PM 7:00PM PUBLIC COMMENT Mr. Alonzo announced that yesterday was the start of the Summer Band Concerts at the Town Gazebo and it will run for approximately four more Mondays. He thanked Steve Archambault for conducting, all of the band members for playing, and all of the sponsors for their help. Mr. Alonzo announced that the Lunenburg Library will be holding their Cardboard Boat race on August 6" at Lake Whalom and encouraged all to participate. Mr. Alonzo acknowledged that Mike Barney, Lunenburg High School Principle has given his resignation to take employment elsewhere. He thanked Mr. Barney and wished him well in his new position. Mr. Sund announced that the Public Access Committee is looking for volunteers to do filming for events. ANNOUNCEMENTS APPOINTMENTS 1. 7:00 p.m. Alan Parker, Troop 1728, Eagle Scout Project Presentation: Alan Parker, Troop 1728 came before the BOS to present his Eagle Scout Project request. Mr. Parker would like to remove the wooden posts on the Mass Ave side of Veterans Memorial Park and replace them with granite posts. He would also be sending the chain that runs between them off to be cleaned and galvanized. The cost for this project would be approximately $1200 to which Mr. Parker has already had doners come forward with offers of over $600 in donations to help this project along. Mr. Parker will contact Dig Safe, the DPW and has the blessing of the American Legion Post 283. Any donations for this project can be sent to the Selectmen's Office at Town Hall. The BOS were in agreement that this is a worth wile project and thanked Mr. Parker for volunteering to do this. Ms. Bertram motioned to approve the Eagle Scout Project as presented by Alan Parker. Mr. deBettencourt seconded Mr. Alonzo questioned what the time line would be. Mr. Parker responded that with the BOS approval, he would then bring it to the Nashua Valley Boy Scout Council for approval after which he would start immediately and have completed before the snow falls. On vote, motion carried, 5 in favor, 0 opposed. 2. 7:15 p.m. Michael Roy, Auctioneer's Permit Application: Ms. Speidel explained that this is a request for an Annual Auctioneers License that would be good through December 31%. The Building Official asked Mr. Roy to take requirements of the Building Inspector and the Fire Dept. and the building is now ready to be used for this purpose. Mr. Alonzo moved to approve the Auctioneer's Permit Application for Michael Roy. Ms. Bertram seconded. On vote, motion carried, 5 in favor, 0 opposed. CURRENT BUSINESS 1. Lunenburg Farmer's Market Ms. Speidel explained that the BOS approved last year the use of the grounds of the Ritter Memorial Building for the purpose of a Farmers Market on Mondays from 3-7PM there was not anything in that approval to limit it to last season and the same group of indi BEG VESSE JAN 2 4 2013: LUNENBURG TOWN CLERK OFFICE ===PAGE 2=== a Farmer's Market again. Ms. Speidel felt that this should be brought before the BOS to make it a permanent authorization on Mondays during the growing season for the purpose of a Farmer's Market. Ms. Speidel stated that there were some questions that have arisen because an individual wanted to participate by selling meat products which was not done last year. Ms. Speidel researched this matter and found that there is no regulatory definition of a Farmer's Market, though DAR defines them as "public markets for the primary purpose of connecting and mutually benefitting MA farmers, communities and shoppers while promoting and selling products grown and raised by participating farmers, including: fresh produce (fresh uncut fruits & vegetables); unprocessed honey; maple syrup; and farm fresh eggs." Some Farmer's Markets have expanded to sell processed foods, such as pies, cakes, breads, jams and jellies. Vendors who sell these products must be licensed as a retail food operation and inspected by the local BOH. The local BOH can determine which products it will allow for retail sale. This product (meat) is not one that was sold at the Market last year, not one that falls under the DAR definition of a Farmer's Market, and not one that can be sold without proper licenses. It is up to the BOH to determine licensing of food products and Ms. Speidel has encouraged this farmer to work through this issue with the BOH. Ms. Speidel has asked the BOS to consider creating a permit for a Farmer's Market and formally adopt Rules and Regulations to use going forward, which they will take up at their next meeting in July. There may also be a request to have another Market on a different day of the week. If there is, Ms. Speidel would suggest that the Board limit its role to approving use of public property for this purpose. Ms. Bertram stated that she had been contacted by a local farmer who said that he was prevented from participating at the Farmer's Market and he had concerns on how the organization of this happens. Ms. Bertram said that the individual wants to sell meat at the market and has the necessary permits to do so. Ms. Bertram would like clarification from the BOH on how it is determined on what goods can be sold and how they are marketed. Andrea Schnepf, Board of Health Administrative Assistant spoke and said it is the BOS that determines what can be sold at the market and they have made the determination that "meat" is not something they want at the market and that its not just limited to this individual but to everybody. Ms. Bertram suggested that this policy be distributed to all vendors in writing. Ms. Speidel added that the BOH will be taking action on procedures for the Farmer's Market and anything that is finalized will be available to view on the website. She said that all of the Farmer's Markets have Market Managers who have the ability to limit what is sold in order to keep the market competitive. Mr. Sund suggested that a notice be posted at the Farmer's Market with the proper permits attached and stating the rules and regulations of this particular market. Mir. deBettencourt questioned how the decision is made to regulate the number of vendors that participate. Ms. Schnepf replied that she does not regulate the number of vendors and that not many people participate as vendors in this particular market. She said that the community, needs to support this and without the support you can't add more farmers. Mr. Matthews spoke and said that if there were more items sold at the market, it may generate more interest and if a local farmer had all of the permits needed to sell his items, then he should be allowed to do so. Ms. Schnepf replied that this issue needs to be taken up with the BOH. James Lattanzi spoke and said that he is in favor of the Farmer's Market and that he is the person who would like to sell meat at this market. He is concerned that the reasons why you cannot sell meat at the market are not clear and that he has the proper permits to do so. His product is processed at Blood Farm in Groton, labeled with his own farm name which is in compliance for selling meat at a Farmer's Market, the product is picked up frozen from the processer and put into a generator powered freezer for transportation then brought to the market frozen never loosing temperature. His concern is that there are over 100 Farmer's Markets in the state that sell meat and why not Lünenburg rather than a vague description that the BOH does not want it. ===PAGE 3=== Ms. Speidel stated that she has asked the BOH to formally adopt some rules and regulations regarding the market because the current ones, along with the DPH rules and regulations, don't specifically prohibit the sale of meat. Ms. Schneph asked the BOS if as a board, if they were asking that the BOH add the sale of meat to the rules and regulations. Mr. Matthews replied that as a board they cannot determine that. The BOS were in agreement that in their personal opinions, if any Lunenburg farmer wants to sell their producț at the Lunenburg Farmer's Market that is in compliance with all handling and health regulations they should be able to. 2. FY2012 Annual Appointments- Ms. Speidel informed the board that there were no Annual Appointments ready for them this evening but would like to remind them that there are a couple of Appointments that still need to be made and she hopes to have them ready for the board by the next meeting. 3. FY2011 Budget Adjustments- Ms. Speidel had distributed FY11 Year End Budget adjustments to the BOS and reviewed it with them. M.G.L. Chapter 44, Section 33B allows for the transfer of budget appropriations from one function to another upon the approval of the BOS and Finance Committee so long as the transfer does not exceed $5000 or 3% of department budget from where the transfer is made, whichever is greater. These transfers are necessary to cover overages in the Police Dept., Fire Dept., and Public Buildings - Utilities. The Finance Committee reviewed and approved these transfers at their meeting held on June 30, 2011. In order to close FY2011, a request is being made for transfers as follows: APPROPRIATION FUNDS ARE TRANSFERRED FROM Health Insurance Health Insurance Health Insurance Health Insurance Health Insurance Medicare Expense AMOUNT APPROPRIATION FUNDS ARE TRANSFERRED TO $10,000.00 Police Lock Up, Salaries $2,500.00 Police/Fire Injury Leave, Salaries $10,000.00 Fire, Salaries $2,500.00 Police/Fire Medical, Expenses $8,500.00 Veteran's Benefits $10,000.00 Public Buildings Utilities Discussion ensued regarding the fact that the same department's line items need transfers every year, specifically lock up, and the BOS would like comparison data from the last five years to see what can be done to limit expenses. Ms. Speidel feels that the BOS are not budgeting less than in prior years but rather not budgeting what they should Ms. Bertram motioned to approve the transfers as submitted by the Town Manager. Mr. deBettencourt seconded. On vote, motion carried, 5 in favor, 0 opposed. 4. Minutes/Warrants/Action File Issues Minutes: 7/20/10 Warrants: #2-12 $528,081.86 $541,113.10 Action File Issues: Mr. Sund requested an update on the abandoned gas station on Mass Ave. Ms. Speidel reported that the Town does have a Tax Title on the property. A grant had been applied for to DEP and was approved for approximately $50-60K, for clean up at the property. There is no known contamination at this property and the issue is that there are underground storage tanks that were relined approximately 10 years ago and now they are at the end of the life of those liners and it is believed that there is material in the tanks, which may pose a threat. In order for DEP to move forward with the cleanup they need permission from the property owner to enter the property to do the work, and to date the property owner has not provided that permission. The Fire Chief worked with Town Counsel to see if there was some way to enter the property and Counsel was not able to provide any authorization. The Fire Chief presented this issue to Representative Benson and she filed General Legislation that would allow municipalities to be able to enter properties when there is a threat of contamination. As of this meeting the Legislation did go through Committee Hearing and Chief Glenny testified at that hearing. It has not been reported out of Committee yet but since it was taken up so quickly by the Committee that is a favorable sign. Unless the property owner gives permission to enter the property to do the work, it cannot be done by the Town. ===PAGE 4=== Ms. Betram stated that at last night's Planning Board meeting, Tom Bodkin, had put together a report which includes all the information about this property and she requested that the BOS receive a copy of it for review. Mr. Alonzo spoke in saying that he believes that a business like this should be required to put up a bond up for the removal of hazardous waste material should they bankrupt or default so that the Town is not left with a potential hazardous site with no rights to go onto the property unless the Town assumes total liability. Mr. deBettencourt requested that a copy of the grant which was received to clean up the gas station property along with a copy of the costs incurred to remove the tank from the old Primary School be circulated to the BOS. 5. Committee Reports - Mr. Alonzo reported that Mass Broadband will begin site work over the next two weeks in this general region for where the wiring will be laid. Mr. deBettencourt reported on the status of the DPW building project. Changes have been made in the plans in order to come in on budget but they are still approximately $200K short. Mr. deBettencourt feels that building is too small and outdated and will be supporting the article at Town Meeting for an increase for this project. Ms. Speidel reminded the BOS that the Finance Committee Will be holding a Public Hearing regarding this warrant article on Thursday and it will be televised. The Building Committee will be making a presentation at this meeting and she encouraged people to "tune in" and to also review the warrant article which explains the significant cost increases in materials that need to be used for this project. Mr. Matthews spoke in support of the article for the DPW building. Ms. Bertram moved to recommend approval of the article at Town Meeting. Mr. deBettencourt seconded On vote, motion carried, 5 in favor, 0 opposed. Mr. Matthews reported that the School Committee met last evening where they discussed hiring an interim Principal, implementing parking fees at the High School for the students, and reorganizing the schools. 6. Department Updates - 1. Town Manager Updates - Ms. Speidel reported that the new trash pickup company, Cassella, began pickups on July 1s'. There have been some problems and she encouraged people with issues to contact the BOS office. There are no changes with the service other than the change in the Company, private collections are on Mondays and the Towns collection is done Tuesday through Friday. Single stream recycling will remain the same but Cassella will not pick up trash/recyclables that are in a Waste Management trash receptacle. Arrangements can be made to have a Cassella trash receptacle delivered to individual residents for rental and if there was a previous contract made with Waste Management for a rental, concessions will be made for that. Ms. Speidel will post information on the Towns Black Board Connect and via town wide telephone message informing residents of the change and asking that they do not use the Waste Management trash receptacle for their trash. Ms. Speidel mentioned that the new Town Web Site, www.lunenburg.ma.gov, is up and running. Google has not picked it up yet but if you go to the old web site it will direct you to the new one. Ms. Speidel informed the board that the Governor did sign the FY12 Budget and she believes that one of the best things that came out of this budget process was Health Insurance Reform. Ms. Speidel received a bulletin from MMA that she will make available to the board to review at their leisure. There were no changes in State aid but there was language included that would allow for redistribution of any unspent State appropriations which are approximately $65M which will come back to cities and towns in the form of local aid. This is meant to replace the 7% reduction in unrestricted general government aid that was included in the original FY12 budget appropriation. Ms. Speidel spoke with Representative Benson's office and they do not know when that money will be coming to the Town. Ms. Speidel reported that MIRPC is looking to submit a grant for funding to update pre-disaster mitigation plans for their member communities and would like Lunenburg to support their grant application ===PAGE 5=== Mr. Alonzo moved to support the MRPC grant application for pre-disaster mitigation funding. Ms. Bertram seconded On vote, motion carried, 5 in favor, 0 opposed. Ms. Speidel stated that the DPW is working with the Green Team from MCI Shirley and they will be providing community service work to the Town on Mondays and Tuesdays from 8AM-1PM at the cemeteries. Ms. Speidel said that she is very grateful to have this free labor to do a lot of clean up that we have not been able to do. Ms. Speidel reported that the contract for line painting has been let and we are at the end of our line painting project. Mr. Alonzo asked when the renovations at Town Hall will be completed. Ms. Speidel replied by the end of the summer but hopefully sooner than that. Mr. deBettencourt suggested to have Lunenburg's Green Team remove the brush from the fence at the lake front in Whalom and also to clean up the basketball court and playground on Whalom Rd. OLD BUSINESS - APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS - Mr. Matthews stated that Pat Slattery, a member of the Green Task Force will be stepping down and they will be looking for a new member with some experience with green energy. Mr. Matthews also stated that there are two openings on the Finance Committee. Mi. Sund reported that the Cable Access Committee has four openings. PUBLIC COMMENT - None EXECUTIVE SESSION - Beginning at 6:00 p.m. 1. M.G.L Chapter 39, Section 23B (3), to discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government's bargaining or litigating position. M.G.L. Chapter 39, Section 23B (6), to consider the purchase, exchange, taking, lease or value of real property if such discussion may have a detrimental effect on the negotiating position of the governmental body. Being no further business, Mr. deBettencourt moved to adjourn the meeting. Ms. Bertram seconded. On vote, motion carried, 5 in favor, 0 opposed. Meeting adjourned at 8:55PM UPCOMING MEETING SCHEDULE July 19,2011 August 9, 2011 August 23, 2011 August 2, 2011 August 16, 2011 Respectfully Submitted, Susan Doherty, Recording Secretary Board of Selectmen ======================================================================================== DOCUMENT : 2011-07-19-agenda-4762.txt BOARD : select-board DATE : 2011-07-19 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2011-07-19-agenda-4762.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07192011-4762 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN July 19, 2011 7:00 PM – 2 ND FLOOR TOWN HALL JOSEPH F. BILOTTA MEETING ROOM AGENDA PUBLIC COMMENT ANNOUNCEMENTS APPOINTMENTS 1. 7:00 p.m. Chief Bourgeois, introduction of new Reserve Officers CURRENT BUSINESS 1. FY2012 Annual Appointments 2. Annual Evaluation of Town Manager 3. FY12 Town Manager Goals 4. Minutes/ Warrants/ Action File Issues 5. Committee Updates 6. Department Updates 7. Town Manager Updates OLD BUSINESSS COMMITTEE APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS 1. FY2012 Annual Appointments EXECUTIVE SESSION 1. M.G.L. Chapter 39, Section 23B [3], to discuss s trategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government’s bargaining or litigating position. Also, to conduct strategy session in preparation for negotiations with non-union personnel; to actually conduct collective bargaining and contract negotiations with non-union personnel. UPCOMING MEETING SCHEDULE August 2, 2011 August 9, 2011 August 16, 2011 August 23, 2011 ======================================================================================== DOCUMENT : 2011-08-02-agenda-4763.txt BOARD : select-board DATE : 2011-08-02 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2011-08-02-agenda-4763.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08022011-4763 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN August 2, 2011 7:00 PM – 2 ND FLOOR TOWN HALL JOSEPH F. BILOTTA MEETING ROOM AGENDA PUBLIC COMMENT ANNOUNCEMENTS APPOINTMENTS CURRENT BUSINESS 1. FY2012 Annual Appointments- Inspector of Weights & Measures 2. BOS Policies & Procedures 3. Minutes/ Warrants/ Action File Issues 4. Committee Updates 5. Department Updates a. 925 Mass Avenue b. FY12 Budget Transfers- Public Safety Statistical Information 6. Town Manager Updates OLD BUSINESSS COMMITTEE APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS 1. Inspector of Weights & Measures EXECUTIVE SESSION 1. M.G.L. Chapter 39, Section 23B [3], to discuss s trategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government’s bargaining or litigating position. Also, to conduct strategy session in preparation for negotiations with non-union personnel; to actually conduct collective bargaining and contract negotiations with non-union personnel. UPCOMING MEETING SCHEDULE August 9, 2011 August 16, 2011 August 23, 2011 ======================================================================================== DOCUMENT : 2011-08-02-minutes-4763.txt BOARD : select-board DATE : 2011-08-02 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2011-08-02-minutes-4763.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08022011-4763 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== company witnesses, and they generally disallowed anyining that washt an increase airectly related to the cost or electricity and gas. It was $7.1 million that they were looking to increase and put on the rate payers, and only $4.4 million was approved He urges people to get on the DPU site for more information. The DPU trimmed 31 percent, almost $7 million, off the $22 million in storm-related expenses the company sought to raise with fee increases. This resulted in 60% less than what Unitil was asking for. The DPU cited a lack of planning and training as being responsible for the scope of the damage that left some people without power for two weeks. They disallowed many charges that Unitil was seeking and this information is all detailed in the DPU report. It shows that in their 528 page report, they really did their jobs in analyzing all the data in reducing Unitil requested increases. He appreciates the DU's hard work, the Attorney General's office and our Town Counsel and feels that this is a very good decision; this is the lowest rate of return in the past 50 years. They took this seriously and took responsibility. ANNOUNCEMENTS Board of Selectmen will not be meeting next week. Chair would like the board to be prepared to go over the Town Manager goals upon her return from vacation. APPOINTMENTS 1. Inspector of Weights & Measures - two candidates have applied for the job, Stephen E. Cullinane of 46 Goodrich Street, who introduced himself and was recommended by the town's former inspector of Weights & Measures, Joe Quinn. Stephen informed the board of his experiences with teaching, coaching etc. and is interested in filling this position as he has performed inspections during his tenure in the Marine Corps, mostly on water equipment and has time available to pursue certification process & inspections. Todd Whittier, 519 Burrage Street, full time firefighter introduced himself and although he too has no prior experience is willing to pursue the certification process and is interested in giving back to the town. Neither applicant currently has the required certifications but both are willing to pursue. Dave expressed appreciation to both applicants, and noted that both seem committed to their work and interested in serving the town. Steve noted that we do have a recommendation from the town manager for appointing Mr. Cullinane. Ernie believes that Mr. Cullinane seems to have more experience with inspections conducted during his term in the service and he would nominate Mr. Cullinane. Steve seconded, voted unanimously to approve. Board expressed appreciation to Mr. Whittier for his interest in serving the town. CURRENT BUSINESS appointed. 1. FY2012 Annual Appointments - Inspector of Weights & Measures - Stephen E. Cullinane of 46 Goodrich Street, unanimously 2. Policies & Procedures - Hard copies of what the board had received in 2009 were distributed. Dave would like to come up with a prioritzation to start working on these for the next meeting. He would like to have this documentation all prepared as one document. 3. Minutes - none Warrants - #6 12, 8/2/11 - $60,029.91 and #7 12, 8/3/11 - $284,752.74 reviewed and signed Action File Issues - None 4. Committee Updates - Ernie - Green Community Task Force met last night and provided a letter to the board on the membership. The solar farm RFP contract Is being reviewed by lown counsel. Solar panels on the Middle School are running and we re now creating power. The potential solar farm on Chase Road is currently in the engineering phase (5 to 6 MKW farm). Also looking for committee members for the Task Force. Dave reveiwed the memo from Marion Benson on the possibility of a town meeting article for designating Lunenburg a Green Community. ===PAGE 2=== on the amount of fuel in the tanks, which he believes is less than 1,000 gallons between the three tanks. Board would like him to move forward with this and will discussing the funding mechanism with the Town Manager when she returns. In other business, board had requested reasons as to the increases in the Fire Department budget. Scott submitted the attached explanation and noted that because of the combined increases in services the budget also increased as they are getting busier and its now costing more for the responses and services. There is a correlation between the increasing fees in calls and mileage but they don't charge for the wait time. Steve questioned the accounting spreadsheet and where specific staff i.e., EMT's/Firefighters are paid out of. He had asked the Town Manager how is this tracked and if he's over on one line whether he transfers from other line items, which Scott verified that he does do this. He also noted that career staff does come back for calls and they also come back in on week ends when needed and he tries to project out knowing the vacation schedules, noted almost no sick time is ever used by his career employees. Per Scott there are two groups on the fire side, and based upon the type of call is dependant upon which groups are called out. They have a system where they try to break it down so that they're not having too many people responding. Try really hard to manage the numbers so that they're not paying people unnecessarily. Tom recapped in the last three years they've (Fire & Police departments) averaged small percentage increases in department budgets that have to maintain safety in a growing community. Dave commented that this is a good opportunity for the community to learn what services the departments do afford our citizens. Chief Bourgeois came before the board and discussed the overage in the Police Lock up account, reveiwed his attached explanation letter to Kerry. Noted that the largest overage in his budget last year was due to the increased need for the lock up facility, noted that the average stay per weekend is over $2,000. Ernie commented that it seems that since the implementation of the various software systems, his detainee list has close to doubled and per Dan, that is correct and the fee is collected by the bail commissioner not the town. Noted that if the bail is going to take a few hours, he cannot take an officer off the street for lock up, so has to call in an officer for coverage. He reported that there had been a recent spike in arrests and detained prisoners, and as a result his budget has been insufficient, as it has almost doubled. The department arrested 292 people and booked 224 of them. All of them were held for some period of time, it's a costly item in the budget and as our population and traffic grows, that number is going to increase as it has for the last several years. Tom noted that the Police Department has seen a spike in the lockup costs and questioned whether this being an anommoly or a trend. Dan noted that they've cut back on some training and that they do watch this budget and providing a safe environment for our community. Noted that this department does take in detainees from Ashby and when this happens they (Ashby) assume full resposibility for lockup coverage. 7. Town Manager Updates - Laura provided the following information on the trash/recycling and the Regional Devens HHW Facility: The Devens Regional Household Hazardous Waste Facility is now open for business; the Center will be open 20 times per year, twice per month (first Wednesday and Saturday), March through December. Service hours are 9:00 am -noon. The facility will not be open January-February because of the cold temperatures; hours are from 9:00 am to noon. Further information can be obtained at the website: www.devenshhw.com or by contacting the Board of Selectmen office @ 978-582-4144. The HHW Collection Center is located at 8 Cook Street, Devens, at the southwest corner of the intersection of Cook Street and Antietam Street. This location is adjacent to an area used by the Devens Department of Public Works for their routine operations. It is also used by the State Police, Fire Department, and utility maintenance company for vehicle storage. OLD BUSINESS 1. None ===PAGE 3=== call vote; Steve aye, Tom aye, Ernie aye and Dave aye, in accordance with M.G.L. Chapter 39, §23B(3) for the purpose of discussing strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government's bargaining or litigation position. Also, to conduct strategy sessions in preparation for negotiations with non-union personnel; to actually conduct collective bargaining and contract negotiations with non-union personnel. Chairman announced that the Board would not be returning to Regular Session. Respectfully submitted, Laura Williams, Chief Administrative Assistant Board of Selectmen ===PAGE 4=== Chief Admin. Asst. MEMORANDUM To: Board of Selectmen KAS From: Kerry A. Speidel, Town Manager Date: July 29, 2011 Subject: Appointment of Inspector of Weights & Measures, July 1, 2011 - June 30, 2012 As you are aware, our long-term Inspector of Weights & Measures resigned from his position effective June 30, 2011. The position was advertised in accordance with the requirements of the Town Charter. Two applicants have applied for the position: 1. Stephen E. Cullinane, 46 Goodrich Street 2. Todd Whittier, 519 Burrage Street Neither candidate has prior experience, but both have sufficient experience in conducting inspections. I have met with both candidates and I believe that either one would do a good job in this position. Both candidates will be at your August 2, 2011 meeting to introduce themselves. If asked to make a recommendation, I would recommend Stephen E. Cullinane as I believe that he had more experience and he came highly recommended by Joe Quinn. For reference, all weighing and measuring devices used for buying, selling or exchange of any commodity must be tested and approved as accurate by the Local Inspector before being placed into service. These devices must then be inspected annually to ensure they remain accurate and are in compliance with MA General Laws. These devices include: gasoline meters; vehicle tank meters [oil trucks]; propane meters; small, medium and heavy capacity scales; balances and weights; bulk storage meters; bottle return meters; and pricing scanners. Random inspections are periodically conducted on devices, packaged goods, pricing heating oil deliveries and motor fuel octane. Any consumer complaints must be investigated by the Local Inspector. The Local Inspector receives a stipend, currently set at $3,000 and reimbursement for expenses. All testing equipment is provided by the Town. The Local Inspector is required to obtain certification from MA Executive Office of Consumer Affairs, Division of Standards, within one year of appointment. ===PAGE 5=== August 1, 2011 Ms Kerry Speidel Town Manager Town of Lunenburg 17 Main St Lunenburg MA 01462 Ms. Speidel, The reason for overage in the Fire Department payroll is due to an increase in calls and longer duration calls. Calls for service are increasing as we have shown at every budget meeting over the last few years. Our Ambulance runs take longer due to the hospitals being busier and having to wait for beds, as well as we find we transport to Worcester more often. This past year we had several structure and brush fires, these are time consuming and impact payroll. The storms this past year also impacted us as we covered the station to be able to provide a timely response. In at least four months last fiscal year we doubled our normal average payroll due to increased calls. As our town continues to grow the requests for emergency services will also. Respectfully, Scott F. Glenny Chief of Department a printed on recycled paper ===PAGE 6=== VETER auly revie Chief Admin. Asst. MEMORANDUM To: Board of Selectmen From: Kerry A. Speidel, Town Manager Date: July 29, 2011 Subject: Public Safety Expenditures You asked that I provide you with detail on Public Safety Exenditures for FY09-11. I've attached a spreadsheet detailing the same, along with a memorandum from Chief Bourgeois regarding the overrun in Police Lock Up expenditures in FY11. I have asked Chief Glenny to provide a narrative on FY11 salary overruns as well. He will provide the same to you at your meeting on August 2, 2011. Both Chiefs will be at your meeting on August 2, 2011 to answer any questions you may have. /kas ===PAGE 7=== Public Safety Expenditures FY2009 - FY2011 Department Police Department Police Lock Up Police Injure Leave dollar over percentage over FY2009 Original Amended Expended § 12392600 $ 30.9538 5 20.25.35 44,400.00 50,195.33 $ 50,195.33 10,000.00 1,129.80 ≤ 1,129.80 total: $ 1,293,626.00 $ 1,293,267.71 $ 1,293,079.28 $ (546.72) -0.04% Department Fire Department Fire Hydrant Expense Maintenance of Town Radios Radio Watch [Dispatch] FY2009 Original 524,783.00 $ 14,152.00 $ 10,000.00 $ 180,635.00 $ 729,570.00 $ total: $ dollar over percentage over Amended 543,843.22 $ 14,237.00 $ 14,955.35 $ 182,042.04 $ 755,077.61 $ $ Expended 538,196.27 14,236.37 14,940.64 182,042.04 749,415.32 19,845.32 2.72% FY2010 Original Amended Expended $ 1,254,162.00 $ 1,215,166.17 $ 1,215,166.17 44,400.00 $ 38,578.90 $ 38,578.90 $ 7,500.00 $ 63.775.43 $ 63,775.43 $ 1,306,062.00 $ 1,317,520.50 $ 1,317,520.50 $ 11,458.50 0.88% $ FY2010 Original 540,833.00 $ 14,265.00 $ 10,000.00 $ 180,635.00 745,733000$ Amended 545,053.08 $ 14,360.86 $ 11,376.12 $ 173,297.68 $ 744,087.74 $ $ Expended 173,297.68 744,087.74 (1,645.26) -0.22% FY2 Orig $ 1,227,69 $ 48,200 $ 5,000 $ 1,280,89; $ $ $ FY2 Orig 557,77 14,26 10,000 193,92 775,963 ===PAGE 8=== DIB INCORPO TO: FROM: DATE: RE: Kerry Speidel Chief Dan Bourgeois July 25, 2011 Lock-up information Dear Kerry, Per your request I forward the following information regarding costs associated with our detainee lock-up at the station and overage for FY11. First may I say that projecting the number of detainees each year is as difficult as predicting New England weather and the amount of snow that will fall. As you know our daily operations includes the arrest and detainment of criminal offenders. As our local and regional population grow so do the number of arrests, protective custodies and detainments of all types translating into increased operating costs. Domestic violence cases such as violation of a restraining order are mandated arrests by statute. Arrests and protective custody detainments involving the use of alcohol create a liability issue if released prematurely. This translates into additional costs. New technology improves our ability to instantly check records of individuals by means of State Warrant Management System (WMS) as well as National Crime Information Center (NCIC). Having this technology available provides officers on patrol as well as investigators instantaneous records checks even on daily motor vehicle stops. The end result is more arrests and detainments in our lock-up. If I may date myself, in the "old" days records checks were not instantaneous. Many times checks were delayed resulting in the individual being released prior to receiving confirmation on information. Prior to the new WMS, defendants wanted on default warrants would be arrested and the respective ===PAGE 9=== on call Bail Commissioner arrives. If the arrestee does not qualify for bail or is wanted on a "Default" warrant, it becomes our responsibility to house and care for the individual. This detainment may be an overnight stay or up to a three-day stay on holiday weekends. Detainees are then brought to Fitchburg District Court on their next session for arraignment. Our officers and supervisors are assigned to patrol functions leaving no one assigned to "house duty" to watch detainees. This translates into overtime for detainee watch assignments. Costs for a typical weekend stay vary depending on pay rates for the assigned officer/supervisor or reserve officer. A weekend stay costs approximately $2,425.00. In addition to this cost are costs associated with feeding the detainee, providing clean blankets for the detainee and gloves for the officer's protection. Earlier this year myself and fellow Central Mass Chiefs of Police Association E-Board members met with Worcester County Sheriff Lou Evangelitis. We have opened discussion as to how his office can assist smaller communities such as ours with the costly issue of housing detainees. These talks are continuing but the Sheriff's budget is also limited and housing is already extremely crowded at the Worcester House of Corrections. Talks will continue this fall in hopes of finding some solution to this budget line item. I hope this information answers your questions. I remain available for any questions or comments. Respectiully, Chief Daniel Bourgeois ======================================================================================== DOCUMENT : 2011-08-16-agenda-4764.txt BOARD : select-board DATE : 2011-08-16 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2011-08-16-agenda-4764.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08162011-4764 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN MEETING NOTICE August 16, 2011 7:00 PM – 2ND FLOOR TOWN HALL JOSEPH F. BILOTTA MEETING ROOM AGENDA PUBLIC COMMENT ANNOUNCEMENTS APPOINTMENTS CURRENT BUSINESS 1. FY2012 Town Manager Goals 2. Minutes / Warrants / Action File Issues 3. Committee Updates 4. Department Updates 5. Town Manager Updates OLD BUSINESS 1. Update 925 Massachusetts Ave. - tanks 2. Policies - standardized format & prioritization 3. Update Jones House, schedule COMMITTEE APPOINTMENTS-RE-APPOINTMENTS-RESIGNATIONS EXECUTIVE SESSION 1. M.G.L. Chapter 39, § 23B 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 session in preparation for negotiations with non-union personnel; to actually conduct collective ba rgaining and contract negotiations with non-union personnel. UPCOMING MEETING SCHEDULE August 23, 2011 September 6, 2011 September 13, 2011 ======================================================================================== DOCUMENT : 2011-08-16-minutes-4764.txt BOARD : select-board DATE : 2011-08-16 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2011-08-16-minutes-4764.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08162011-4764 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== 25 - 1B BOARD OF SELECTMEN MEETING MINUTES 8/16/11 The Board of Selectmen met in the Town Hall, Joseph F. Bilotta Meeting Room as scheduled with Paula Bertram, Steven M. deBettencourt, Ernie Sund, Tom Alonzo, Dave Matthews and Town Manager Kerry Speidel present. Meeting opened at 7:00 F.Mi. with the Pledge of Allegiance PUBLIC COMMENT Tom expressed appreciation to the Turkey Hill Gardeners on the work that has been done over the weekend as the plantings in the center are a beautiful sight. Ernie is looking forward to seeing the Library's Cardboard Boat race televised on the local access channel. Tom questioned if we could find out from Unitil what exactly happened to cause today's power outage. He understands that there was some failure of sub-transmission line. Per Kerry she was told that Unitil had sent a communication to dispatch and that several towns were out. Ernie did contact the Unitil call line and it was reported that Ashby, Townsend, Fitchburg and Lunenburg were out and they expected power to be restored by 8:00 PM. ANNOUNCEMENTS The Lunenburg High School Senior Class of 2012 will host an annual Electronic Recycling Fundraiser in the high school parking lot, rain or shine, on Saturday, August 27th and September 10th from 8:00 AM to 12:00 PM. All electronic items, regardless of condition, may be dropped off at LHS during the above mentioned times and recycled for approximately $5 per cubic foot. Items accepted include TVs, computers, VCRs, DVD players, speaker, phones, stereos, AV equipment, air conditioners, space heaters, microwaves, small refrigerators, and more. This opportunity is one of the least costly ways to properly dispose of electronic items and also serves as a fundraiser for the senior class. Get rid of those unwanted items and come down to support Lunenburg High School's Class of 2012! APPOINTMENTS CURRENT BUSINESS 1. FY2012 Town Manager Goals - Chair, Dave Matthews provided the following to board members based upon previous discussions. Goal # I: Website Decentralize Content Management - Organization of Website: Minutes, budgets, forms, zoning/general by-laws on line - Procedures for Training - Policies and guidelines - Goal # 2: Departmental Metrics Produce Organizational Chart with job descriptions - Establish Method of Metrics upon which to Measure Department Performance - Tie budgeting to performance metrics - Investigate Outsourcing opportunities - Produce Organizational Chart with job descriptions - Goal # 3: Budget 10 year budget retrospective by department including staff levels, outsourced operations, reduced services or realized capital investment efficiency gains - Quarterly budget updates with Executive Summary of changes, challenges and steps taken to remain in budget - Continue 5 year operating budget projection - Charter requirements Restart 5 year Capital Plan with financing options - Charter requirements Goal # 4: Personnel Matters Source or develop and implement employee review forms formatted for specific levels, front line, supervisory and management - some discussions on these as far as bargaining unit employees. Just meant to be informational and for education. Kerry is not aware of any CBA that prohibits evaluating employees. Develop format to include board, committee or commission input in reviews of employees with which they interact extensively - Provide board details of general corrective action procedures by group - Generally report corrective actions taken quarterly with next steps without divulging specific names - not putting personnel information out, just so that the board is aware of issues. Tom move to officially adopt the Town Manager Goals for 2012, Steve seconded, voted unanimously. ===PAGE 2=== 2. Minutes - Board of Selectmen Regular session for 8/2/11 and Executive Session for 8/2/11 reviewed and signed. Warrants - #4P 12, 8/18/11 - $459,489.48 and #8 12, 8/9/11 - $914,485.91 reviewed and signed. Action File Issues - Steve questioned where we stand with Chapter 90 funding and per Kerry, District Ill did not have any money to release and therefore were not signing off on any requests. We have to date nearly expended all of our Chapter 90 funds. Governor has sinced signed off on the Means Bill and as the DPW Director is on vacation this week, she will get the information for the board next week. Tom would like to have an update on the affordable housing number and how close we are to attaining the 10% number. 3. Committee Updates - Ernie, Capital Planning met and is streamlining some of the process and forms that were redundant and will be sending these out to departments. Expect to have recommendations to Town Manager by December 31s.. Paula Planning Board meeting, DPW Building requires Development Plan Review and they are currently expediting the process through a review engineer so that it doesn't hold up the project. Emerald Place will be constructing an office on their property. 86 units are currently rented and the next building that is being built is all rented out. Planning Board is also in the process of reviewing a couple of solar farm proposals. Steve noted that the DPW Building Committee hasn't recently met and if there are going to be any changes as a result of the review process, this is a little too late in his estimation. Per Kerry the project will be split between the renovation of the old building and then the new building as the renovation will not be impacted by the Development Plan Review. It is the new building that will be subject to the Development Plan Review and David Ross Associates has agreed to this project pro-bono. Noted that every board has had the opportunity to review the project, it's just that this was not packaged up to go through the formal process. Dave is surprised that there is a lag here and that this was not brought up to the committee. Paula noted that Joanna (Planning Board Rep to DPW Building Committee) was surprised to hear that this project did have to go through the Development Plan Review. Agrees that this is very late in the process to realize that it has to go through the Development Plan Review. School Committee has invited board members to meet the interim High School Principal prior to their School Committee meetign tomorrow night. 4. Department Updates - 5. Town Manager Updates - Town received notice that we did not receive the MRPC Grant for the Senior Center parking lot. These grant funds are sought of after more and more and in this particular round of grants, no Senior Center applications were approved. The COA met today and will be sending information to Kerry as to how they want to proceed with this project. She also has had correspondance from MRPC, Shelly Hatch's replacement and he is willing to provide the comments that he's received from the State. Kerry asked the Director of the Senior Center to look at alternatives to come up with a creative solution. The need hasn't gone away, but not sure that this grant in the future is going to be a solution to this problem. Dave commented that the septic system removal seemed to be the largest aspect of the project and questioned whether there is some way to determine if this could be done more cost effectively. Kerry is sure that we could have some additional testing to determine the condition of the soils. Ernie commented that once you get to the layer of contaminated soils, you have to remove according to regulations, but doesn't expect that the bottom layer may not be as contaminated as much as may be expected as hasn't been used since sewer was connected. Paula would recommend contacting Jim Garriffi, Board of Health Sanitarian for his input in a written form would be beneficial. Looking at other avenues also makes sense, need to look at these options to determine which would make the most sense. Noted that she was very concerned about the cost of the project and if we are able to bring that cost down, would like to look into this once again. Possible to make some gains with local funding and get some usable parking sooner rather than later. The ABCC appeal for Scooter's that was scheduled for Wednesday has been settled and there is no longer a need to attend. OLD BUSINESS 1. Update 925 Massachusetts Ave. - tanks - Fire Chief indicated that he believes he has statutory authority to enter onto the property to drain the tanks and provided information from Town Counsel that we had received a couple of years ago. We have received a couple of quotes to have the tanks drained, one from Clean Harbors about $5,000 to come in, clean out the tanks and put them in inactive use. Also received another quote, but this is all time and materials. Interestingly enough we're looking at approximately the same amount as was previously submitted a number of years ago. Noted that the Finance Committee will be meeting and Kerry would like to present to them and request that this money be earmarked to come from the Reserve Fund as a source of funding. Tom questioned if there is any chance that we can do this and assign this cost to the property owner and Kerry does believe that there is. As such, Tom would like to ensure that we do everything by the book and if there is some way to recoup, then we seek reimbursement. Kerry did speak with the Chair of the Board of Health and any action that they would take would have to go through the court system, but if we pursue under 510CMR, through the Fire Department, that would not require court action. She will follow up with the Finance Committee and it's her intention to have this done before Labor Day. ===PAGE 3=== 2. Policies - standardized format & prioritization - Board would like to have the documents standardized into one document. It would be better if we had a working policies and procedures file that we can work from. Paula would like to have a workshop to prioritize which ones we want to work on as there are many that may be eliminated. Board would like to have this all digitally first. First workshop on this will be on the 6 of September instead of a televised meeting, board members will have a list next week to focus on Section F of the boards' policies. 3. Update Jones House, schedule - We had put out an RFP that had restrictions on the property and a minimum bid and no bids were received. The Historical Commission again looked at the restrictions and they are firm that everything (historical restrictions) that's in that document should remain. They had about the same discussion as the Board of Selectmen with regards to the minimum price and that this is a Board of Selectmen decision. Noted that some of the comments that we received during the bidding process were lots of different comments on the minimum bid, the lot was smail. She thought of the funding and restrictions given the banking climate may it difficult for bidders and suggested that we may want to look at granting back a percentage of the purchase price over a period of time as an incentive to get the project completed in a specified period of time. Perhaps being creative, we may get more interest in this project. Our facilities manager is very aware of any issues that may be going on over there and these are addressed. Believe that if we have a longer advertising period may be more beneficial and don't see that we have any reason not to extend the time for bidders to respond given the current condition of the building. We have to advertise in the Central Register for a period of 30 days, so that's not going to hold this up. Ernie commented that if this second bid does not go through, then we should investigate whether the Historical Commission would be receptive to putting a plaque on the site and having the building removed. Understand the historical aspect but at some point this may become a danger. We offered the building at a minimum bid of $80,000 and the land value alone in $120,000 and yet we didn't receive a bid. Paula noted that she was aware that one of the concerns was that this building could not be used for a commercial enterprise and there was a question whether this was prohibited, which Kerry did investigate and this would not be a prohibited use. Paula noted that the Planning Board is again looking at the Master Plan and reassessing the town owned propertys, she is concerned about not lifting any of the historical preservation restrictions. Would suggest we re-look at the property and see if some type of commercial enterprise would be allowed, if this could be a catalyst for getting bidders, then we should look at this. We as a board could send a letter to the Planning Board to request that they look at the town center zoning overall. Our goal is to preserve that property and if we can't get any bids, we aren't going to be able to maintain it. Tom would like to see us sell this as an historical building and you have to reach people who are interested in restoring historical buildings, he believes that going out to bid with no minimum bid, and allowing more time would suffice. Should it be determined that the building is in imminent danger, then we could consider taking it down. Steve noted that you have a house that needs more work than the land is worth, is willing to go out to bid a second time. Kerry would suggest we look at advertising for 90 days or more in multiple magazines. Worthwhile to have the Planning Board look at this, but would be tough to have them address this within 30 days. Paula noted that parking is an issue on this site as well as throughout the town center and noted the number of projects that the Planning Board is currently reviewing. Consensus of the board is to go out for 90 days, without a minimum bid. Kerry will present the timetable to the board next week. COMMITTEE APPOINTMENTS/REAPPOINTMENTS/RESIGNATIONS EXECUTIVE SESSION 1. M.G.L. Chapter 39, §23B 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 August 23, 2011 September 6, 2011 September 13, 2011 Tentative workshop scheduled for September 8'h @6:00 pm at the Public Safety Complex to discuss the Regional Dispatch proposal. Kerry will also discuss with the Finance Committee. The IMA has been reviewed by Town Counsel, will prepare informational packets for the board with the budget proposal. Commented on our facility and noted that we already have the windows and doors necessary, and as such won't have a large capital expense should we continue to pursue. Devens, Lancaster, Harvard are currently in. Shirley is struggling with this and we are just not moving as quickly as the other communities. Harvard has a Q& A document which is quite a volume of information and Kerry will provide this to the board. There are requirements for Emergency Medical Dispatch that were put into play some time ago, where we will be required to provide emergency medical dispatch and the dispatcher is required by law to go ===PAGE 4=== through a pre-determined set of steps to address the emergency with persons seeking assistance. Ernie would like to know how the Broadband connect would work if it's determined that regionalization were the case. Being no further business board voted unanimously to adjourn Regular Session at 8:15 P.M. and opened Executive Session by roll call vote; Steve aye, Tom aye, Paula aye, Ernie aye and Dave aye, in accordance with M.G.L. Chapter 39, §23B for the purpose of discussing strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government's bargaining or litigation position. Also, to conduct strategy sessions in preparation for negotiations with non-union personnel; to actually conduct collective bargaining and contract negotiations with non-union personnel. Chairman announced that the Board would not be returning to Regular Session. Respectfully submitted, Laura Williams, Chief Administrative Assistant Board of Selectmen ===PAGE 5=== 527 CMR: BOARD OF FIRE PREVENTION REGULATIONS RE: 925 MASSAVE 1.02: continued (4) Special Equipment. Special fire protection equipment shall be installed when adequate fire protection is not being provided or hazardous or dangerous conditions exist, as determined by the head of the fire department. The special fire protection equipment shall be installed in accordance with the requirements of 527 CMR and 780 CMR. (5) Existing buildings: Buildings built under and in full compliance with the codes in force at the time of construction or alteration thereof, and that have been properly maintained and used for such use as originally permitted, shall be exempt from the. requirements of 527, CMR pertaining to any of the following matters: (a) Fire protection of structural elements except as provided for existing buildings under 780 CMR. (b) Exits required, except as provided for existing buildings under 527 CMR and 780 CMR. (c) Isolation of hazardous operations and mixed uses; provided, however, that the head of the fire department shall require the installation of fire safety devices or systems (fire extinguishers, fire alarms, fire detection devices, sprinklers or similar systems) where they are necessary to provide safety to life and property. In lieu of requiring the installation of. safety devices or systems or when necessary to secure safety in addition thereto, the head of the fire department shall prescribe limitations on the handling and storage of materials or substances or upon operations that are liable to cause fire, contribute to the spread of fire, or endanger life or property. 1.03: Enforcement Authority (1) Enforcement Official. It shall be the duty and responsibility of the Marshal or the head of the fire department or his designee, to enforce the provisions of the code as herein set forth. (2) Coordinated Inspections. Whenever in the enforcement of 527 CMR, another code, ordinance or by-law is the responsibility of more than one code official of the jurisdiction is involved, it shall be their duty to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the building or structure shall not be subjected to visits by numerous inspectors nor multiple or conflicting orders: Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance, code or by-law of the jurisdiction, not within the inspector's authority to enforce, the inspector shall report the findings to the code official having jurisdiction. (3) Right Of Entry. The marshal, an inspector, the head of the fire department, or any person to whom the marshal or the head of the fire department may delegate the authority, may, in the performance of the duties imposed by M.G.L. c. 148, or in the furtherance of the purpose of any provision of any law, ordinánce or by-law relating to the subject matter of M.G.L. c. 148 or of any rule or regulation contained in 527 CMR, or any order of the marshal or head of the fire department, enter any reasonable hour any building or other premises, or any ship or vessel, to make an inspection or investigation, without being held or deemed to be guilty of trespass. (M.G.L. c. 148, § 4.) (4) Investigation Of Fires. The head of the fire department shall investigate the cause and circumstances of every fire or explosion to determine if such fire was caused by carelessness or design. The investigation shall be made forthwith if it appears to the official making such investigation that the fire or explosion is of suspicious origin or is the result of a violation of law or, if he is unable to determine the cause, he shall immediately notify the marshal. All other fires shall be reported in writing to the marshal within 48 hours, excluding Sundays and holidays on forms furnished by the department. (M.G.L. c. 148, § 2). (5) Fire Records. The head of the fire department shall keep a record of all fires or explosions, with the results of such investigations, and such records shall be open to the public. (6) Administrative Liability: Reserved): (7) Jurisdictional Liability: Reserved) ===PAGE 6=== 527 CMR: BOARD OF FIRE PREVENTION REGULATIONS 1.03: continued (8) Duties of the Head of the Fire Department. Whenever the maintenance, operation, or use of any land, building, structure, material or other object, or any part thereof, including vehicles used in the transport of hazardous materials constitutes a fire or explosion hazard which is dangerous or unsafe, or a menace to the public safety (including, but not limited to, fires, explosions, hazardous material incidents, motor vehicle accidents, structural collapses, mass casualty incidents and emergency extrication incidents) and the action to be taken to eliminate such dangerous or unsafe condition or conditions which create, or tend to create, the same is not specifically provided for in 527 CMR, and unless otherwise prohibited by law, ordinance, by-law, regulation, the head of the fire department is hereby authorized and empowered to take such action as may be necessary to abate such dangerous or unsafe condition or conditions (directing employees of other city or town departments and agencies) and including the evacuation of buildings and/or the transport or hazardous materials, the speed, routes, amounts, and hours of transport through the city, town or district shall also be regulated. 1.04: Permits (1) Enforcement. The head of the fire department shall grant permits as required by 527 CMR or as required by M.G.L. c. 148 arid make such inspections as required in M.G.L. c. 148. (2) Application. Application for a permit required by 527 CMR shall be made or form furnished by the department or as provided by the head of the fire department. (3) Conditions of Permit: A permit shall constitute permission to maintain, store or handle materials, or to conduct processes which produce conditions hazardous to life or property, or to install equipment used in connection with such activities in accordance with the provisions of 527 CMR. Such permission shall not be construed as authority to violate, cancel or set aside any of the provisions of 527 CMR. Said permit shall remain in effect until revoked, or for such period of time specified on the permit. Permits are not transferable and any change in use, operation or tenancy shall require a new permit. (4) Approved Plans. Plans approved by the head of the fire department are approved with the intent they comply in all respects to 527 CMR. Any omissions or errors on the plans do not relieve the applicant of complying with all applicable requirements of 527 CMR. (5) Revocation of Permit. The head of the fire department may revoke a permit or approval issued under the provisions of 527 CMR if upon inspection any violation of the code exists, or if conditions of a permit have been violated, or if there has been any false statement or misrepresentation as to material fact in the application, data or plans on which the permit or approval was based. (6) Suspension of Permit. Any permit issued shall become invalid if the authorized work or activity is not commenced within six months after issuance of the permit, or if the authorized work or activity is suspended or abandoned for a period of six months after the time of commencement. (7) Payment of Fees, A permit shall not be issued until the designated fees have been paid. (8) Where Required. The head of the fire department or his designee shall have the authority to issue the following permit types, as described in 527 CMR and M.G.L. c. 148. Permit Type Blasting Bonfires and Burning Christmas Trees Bowling Pin and Lane Refinishing Cannon and Mortar Firing Cellulose Nitrate Film Combustible Fibers Compressed Natural Gas (CNG) Covered Mall Buildings Reference 527 CMR 13.04(2); 13.04(11) 527 CMR 10.23 : 527 CMR 10.15 527 CMR 22:03 527 CMR 10.27 527 CMR 28.03 527 CMR 26.08 527 CMR 10.26 11/23/01 527 CMR - 11 ===PAGE 7=== 08/09/2011 16:24 FAX CleanHarbors® CHESI 0002/008 Clcan Harbors Environmental Services, Inc. 238E Cherry Street Shrewsbury, MA 01545 www.cleanharbors.com August 9, 2011 Attn: Mr. Scott Glenny Town Fire Department 655 Massachusets Avenue Lunenburg, MA 01462 Quote #1266746 Dear Mr. Glenny: Thank you for considering Clean Harbors Environmental Services, Inc. for your environmental service needs. We provide a broad range of environmental services including hazardous and non-hazardous waste transportation and disposal, laboratory chemical packing, emergency response, field services and industrial maintenance. We are pleased to provide this proposal based on the scope of work outlined below. We offer our clients a broad spectrum of environmental services and the ability to dispose of hazardous material at or through a Clean Harbors' owned and operated facility. In addition to managing your waste streams, a Clean Harbors' professional can assist you with: • Waste Transportation & Disposal • 24-Hour Environmental Emergency Response • Laboratory Chemical Packing • Industrial Services • Field Services • Apollo Onsite Services I look forward to servicing your environmental needs. When you are ready to place an order, please contact our Customer Service group at 800.444.4244. If you have any questions or need further assistance, you may reach me at the number below. Sincerely Paulio Jaslui David W Laudani Field Operations Manager Phone: 508.842.8014 ¿ People ond Technolog Creming a Safer: Cleaner Environment" ===PAGE 8=== 08/09/2011 16:24 FAX CleanHarbors* August 9, 2011 Clean Harbors, Quote #1266746 CHESI 4003/008 Page 2 of 7 Scope of Work: * Mobilize crew and equipment to job site. * Upon arrival, a health & safety meeting will be conducted * Pump Out (2) 10,000 gallon UST containing gasoline. * Pump Out (1) 4,000 gallon UST containing diesel fuel. * Manifest waste off site to an approved Clean Harbors facility * Inhert tanks with dry ice (15lbs per 1000 gallon capacity) and cap vents with 1/8" vent caps. •"People and Technology Creang a Safer, Cleaner Enviroment" ===PAGE 9=== 08/09/2011 16:24 FAX Cleanharbors August 9, 2011 Clean Harbors, Quote #1266746 CHESI 0004/008 Page 3 of 7. • QUOTE SUMMARY Description TASK 1: PUMP OUT (3) UST'S TASK 2: TANK WASH TASK 3: INERT (3) UST'S WITH DRY ICE ESTIMATED QUOTE TOTAL" Estimaled Amonst $3,035.00 $150.00 $1,700.00 $4,885.00 "Quote total is an estimate. Final billing will be based upon actual quantities of resouroes used and/or volumes of waste produced in performance of the quoted services. "People and Technology Creating a Safer, Cleaner Entrumment" ===PAGE 10=== 08/09/2011 16:24 FAX CleanHarbors® August 9, 2011 Clean Harbors, Quote #1266746 CHESI 02005/008 Page 4 of 7 TASK 1: PUMP OUT (3) UST'S TASK 1: TOTAL LABOR, EQUIPMENT, AND MATERIAL $1,535.00 DISPOSAL Profile/Waste Code Waste Description BILAYERED SOLVENT/WATER SPECIFICATION OIL & WATER "The following minimum prices) will apply; Profle/Waste Code Minimum Price 500 500 gallon gallon Price as orar $1.25 *$750.00 $0.94 "$750.00 Total $1,500.00 Surcharges, if applicable Description Profile/Waste Code(s) 423: Solid surcharge. Bulk Rate Rate VOM $0.055 Gallon S0.12 Gallon S0.165 Gallon Profile/Waste Code(s) A32: Solids Upon Trearment Surcharge - Percent $0.035 Gallon $0.07 Gellon $0.105 Gallon TASK 1: ESTIMATED TOTAL DISPOSAL WASTE CLASSIFICATIONS SPECIFICATIONS Waste Code A23 Description, Bilayered Solvent/Water Le between ent organic halogen/sulfur Lower Limit 1.00 2.00 3.00 5.00 6.00 7.00 Upper Limit Range UOM 1.99 Percent 2,99 Percent 3.99 Porcent 5.99 Percent 6.79 Percent 7.99 Percent $1,500.00 •"People and Technology Creating a Safer, ¿ leaner Environmen" ===PAGE 11=== 08/09/2011 16:24 FAX CleanHarbors* August 9, 2011 Clean Harbors, Quote #1266746 CHESI 4006/008 Page 5 of 7 WASTE CLASSIFICATIONS SPECIFICATIONS Waste Code A23 A32 Description Bilayered Solvent/Water PRIMARY DISPOSAL METHOD; FUELS BLENDING/CES/INCINERATION Specification Oil & Water Non-detectable concentration of PCB'S rganic Halogen less than 1,000 ppr i between 2-12.5 Must be petroleum-based oil (greater than 5000 BTUs/1b) TASK 2: TANK WASH Amount Description Tank Wash *OLy/LIOM 1 each n/a Price $150.00 Total TASK 2: TOTAL ESTIMATE :.Total $150.00/ $150.00 $150.00 TASK 3: INERT (3) UST'S WITH DRY ICE TASK 3: TOTAL LABOR, EQUIPMENT, AND MATERIAL $1,700.00 :. "People and Technology Creating a Safer, Cleaner Environment" ======================================================================================== DOCUMENT : 2011-08-23-agenda-4765.txt BOARD : select-board DATE : 2011-08-23 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2011-08-23-agenda-4765.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08232011-4765 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN August 23, 2011 7:00 PM – 2 ND FLOOR TOWN HALL JOSEPH F. BILOTTA MEETING ROOM AGENDA PUBLIC COMMENT ANNOUNCEMENTS APPOINTMENTS 7:00 p.m. Update from Green Communities Task Force CURRENT BUSINESS 1. Request to Abate Ambulance Bill 2. Request to Accept Donation of Materials- Town Ha ll Renovation Project 3. BOS Policies & Procedures 4. Minutes/ Warrants/ Action File Issues 5. Committee Updates 6. Department Updates a. Chapter 90 Road Projects 7. Town Manager Updates a. Jones House Advertisement Schedule b. Capital Planning Committee Schedule OLD BUSINESSS COMMITTEE APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS EXECUTIVE SESSION 1. M.G.L. Chapter 39, Section 23B [3], to discuss s trategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government’s bargaining or litigating position. Also, to conduct strategy session in preparation for negotiations with non-union personnel; to actually conduct collective bargaining and contract negotiations with non-union personnel. UPCOMING MEETING SCHEDULE September 6 September 13 September 8 – Regional Dispatch Proposal September 20