# 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 : 2012-10-23-minutes-4826.txt BOARD : select-board DATE : 2012-10-23 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2012-10-23-minutes-4826.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10232012-4826 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== ...= BOARD OF SELECTMEN MEETING MINUTES 10/23/12 The Board of Selectmen met in the Joseph F. Bilotta Meeting Room, Town Hall as scheduled with David Matthews, Paula Bertram, Steven M. deBettencourt, Tom Alonzo, Carl "Ernie" Sund and Town Manager Kerry Speidel present. Regular Meeting opened at 7:00 PM with the Pledge of Allegiance. 7:00PM PUBLIC COMMENT Mr. Alonzo thanked the Fire Department for holding their Annual Open House the previous weekend. He commented that it was very well attended and how great it is that the community comes out to support this event. Mr. Sund echoed Mr. Alonzo's comments. ANNOUNCEMENTS Mr. Matthews announced that the "Yard Waste Days" at the landfill will be open on Saturdays from October 20" through November 17" from 8AM - 4PM. Additional information is available at www.lunenburgma.gov Mr. Matthews announced that "Trick or Treat" will be held on Wednesday October 31" between the hours of 6PM and 8PM. Mr. Matthews announced that Representative Steve DiNatale will be hosting a "Meet & Greet" at Donnelly's Tavern on October 25" from 5:30-7PM for people who reside in Precinct B. Mr. Sund announced that the Lunenburg Fire Department will be holding a "Meat Raffle" on November 9"' at the Public Safety Building. APPOINTMENTS 1. Chief Jim Marino to present Joshua Matthieu, Patrol Officer - Lunenburg Police Chief introduced Joshua Matthieu, Patrol Officer, to the BOS. He gave a brief overview of Officer Matthieu's education and employment history with the Town of Lunenburg and requested that Officer Matthieu be given a full time position on the force to become effective on November 28, 2012. 2. Mike Padula, Right of First Refusal, for a portion of 131 Leominster-Shirley Road - Mr. Padula spoke to the BOS to request removing this portion of land out of Chapter 61A. Ms. Speidel read the terms of the sale to the BOS, which is the sale from Padula Lunenburg LLC to PSG Realty 393-435L.I.C at a purchase price of $900,000. This land is a 5 acre parcel that is contained within a larger parcel. Mr. Matthews stated that the normal process for this procedure would be to have the Conservation Commission and Planning Board evaluate the request before the BOS can act upon it. Ms. Bertram asked Mr. Padula if the sub-division of the property has been done yet to which Mr. Padula replied no. Ms. Speidel will relay this information to the Conservation Commission and Planning Board for their input. 3. Video & CD Rentals, Automatic Amusement Device License - A representative from El Dorado Amusement came before the BOS to request an Automatic Amusement Device License to operate a CD/DVD rental kiosk within their establishment located at 5 Summer St. Ms. Bertram moved to approve the license requested for El Dorado Amusement. Mr. Alonzo seconded. On vote, motion carried, 5 in favor, 0 opposed. ===PAGE 2=== 4. North Leominster Rod & Gun Club, One Day Liquor License - Mike Sauvageau, Building Inspector/Zoning Officer spoke to the BOS regarding the recent complaints from a resident of Lancaster Ave regarding excessive noise coming from the North Leominster Rod & Gun Club. Mr. Sauvageau gave a history of the complaints from this resident which date back to 2006. He stated that he visited the Lancaster Ave residence along with the Rod & Gun Club to investigate the noise decibels and reports of illegal expansion of gun ranges at that club. Mr. Sund voiced his concern about the size of the weapons being shot at the club and said that while researching the club via Google Earth, it appeared that expansion has occurred on that property. Mr. Sauvageau replied that Mr. Sund is probably seeing the concrete "bunkers" which they shoot from and that when he visited the club and asked about expansion they told him that there has been none. His opinion is that the "bunkers" are approximately 30 years old and the weapons being fired are within the legal limits of the noise ordinance and unless you can get them to voluntarily move the range there is nothing that can be done to help this situation. By law the club can operate during the hours of 8AM and 10PM. Mr. Sauvageau stated that he is sympathetic towards the complainants issue but after due and diligent inspection it was his opinion that the North Leominster Rod & Gun Club are within their rights legally to operate their shooting range and are not in violation of any zoning law regarding expansion of firing ranges. Mr. Sauvageau has submitted a chronology of his findings to the Town Manager. Mr. Matthews suggested that the size of the gun range be documented incase any further complaints of expansion should arise in the future. Ms. Bertram spoke in agreement but cautioned the use of Google Earth for documentation due to the fact that there are other situations that can change the topography that may not have anything to do with expansion. Mr. Alonzo moved to approve the one day wine & malt license for the North Leominster Rod & Gun Club on November 16, 2012 from 6PM-11PM. Ms. Bertram seconded. On vote, motion carried, 5 in favor, O opposed. CURRENT BUSINESS 1. Request for Abatement of Ambulance Bill, LB119640 - Ms. Speidel received a request from Fire Chief Patrick Sullivan for an abatement for Ambulance Bill LB119640, date of service of March 23, 2011 in the amount of $650.00. She stated that the applicant has completed the application and meets the requirements for abatement. Mr. Alonzo moved to approve the Abatement of Ambulance Bill LB119640. Ms. Bertram seconded. On vote, motion carried, 5 in favor, 0 opposed. 2. Review and/or Execute Power Purchase Agreement and PILOT Agreement for Solar for Mass PV1 and/ or PILOT Agreement for EPG Solar - Ms. Speidel stated that today she had received from the Assessor the estimated valuation of the land associated with the EPG project and it was sent to Town Counsel to be incorporated in the PILOT agreement. She expects that within the next week or two they will be able to present the PILOT for the EPG project to the BOS. Ms. Speidel stated that late this afternoon she had received the final draft for the PPA associated with the Mass PV1 roject and has not had a chance to review it. She expects to send that to the BOS later this week and hopes to discuss t the next meeting. She is unsure when the PILOT for this project will be discussed due to the fact that they are st awaiting information from the Assessor for an estimated valuation for that property. 3. Minutes/Warrants/Action File Issues Minutes: None Warrants: 10/18/12 10/15/12 10/23/12 10/23/12 Action File Issues: None W 9P13 W 8P13MA W 24-13 ₩ 23-13 $607,945.38 $317.20 $666,285.90 $238,013.11 ===PAGE 3=== 4. Committee Reports - Mr. Alonzo reported that the Finance Committee will be meeting this Thursday. Ms. Bertram stated that she will be attending the MPO meeting tomorrow and requested an update from Trish Donegan regarding the Summer St. project. Ms. Speidel replied that she has been in contact with Ms. Donegan and they will provide a timetable once the contract has been signed off with all municipalities involved. 5. Town Manager Reports or Department Reports - None APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS 1. Ratify appointment of Joshua Matthieu to position of Patrol Officer: Taken out of order under Appointments. Mr. Alonzo moved to ratify the Town Manager's appointment of Joshua Matthieu to Patrol Officer, effective November 28, 2012. Mr. Sund seconded. On vote, motion carried, 5 in favor, O opposed. 2. Ratify appointment of Ed Cataldo to position of Alternate Building Inspector: Taken out of order under Appointments. Mr. Sauvageau spoke and said that he supports the appointment of Ed Cataldo to the position of Alternate Building Inspector. Mr. Sund moved to ratify the Town Manager's appointment Mr. Cataldo as Alternate Building Inspector. Ms. Bertram seconded. On vote, motioned carried, 5 in favor, 0 opposed. EXECUTIVE SESSION -8:00 PM, Joint Session with Planning Board Mr. Matthews stated that they will be going into Executive Session, not to return, citing MGL Chapter 30A, Section 21 (a) 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, and the Chair so declares. Ms. Bertram moved to adjourn the regular scheduled meeting. Mr. Sund seconded. The board voted unanimously to adjourn regular session at 7:56PM. UPCOMING MEETING SCHEDULE November 6, 2012 November 13, 2012 November 20, 2012 Respectfully submitted, Susan Doherty, Recording Secretary Board of Selectmen ======================================================================================== DOCUMENT : 2012-11-06-agenda-4827.txt BOARD : select-board DATE : 2012-11-06 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2012-11-06-agenda-4827.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11062012-4827 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2012-11-06-minutes-4827.txt BOARD : select-board DATE : 2012-11-06 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2012-11-06-minutes-4827.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11062012-4827 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MEETING MINUTES 11/6/12 SmA The Board of Selectmen met in the Joseph F. Bilotta meeting room at Town Hall as scheduled with David Matthews, Tom Alonzo, Paula Bertram, and Town Manager Kerry Speidel present. RECEIVED & FILED Not present were Carl "Ernie" Sund, & Steven M. deBettencourt Regular Meeting opened at 7:00 PM 7:00PM PUBLIC COMMENT DEC 1 3 2012 : LUNENBURG TOWN CLERK OFFICE Mr. Matthews reminded the public that there was approximately one more hour to vote this evening. Ms. Bertram stated that she had been contacted by a concerned person that they could not hear what the BOS was saying on the television and reminded the board to speak directly into the microphone. Mi. Alonzo publicly thanked all of the Poll workers and the Town Clerk's office for their participation in today's election. Mr. Alonzo spoke about Hurricane Sandy which has devastated parts of NY & NJ and made a plea for the public to donate to the Red Cross to help out in this situation. Mr. Matthews thanked the Police Chief and the Fire Chief on their efforts in preparing for the recent hurricane. John Rabbit, 314 Townsend Harbor Road, came before the BOS to speak on an accident that had happened earlier today on Townsend Harbor Road due to speed, where the car landed in his front yard. Numerous accidents have happened at the intersection of Townsend Harbor/Mulpus Roads in the past and he implored the BOS to continue to investigate the matter of placing stop signs and reconfiguring this intersection. Ms. Bertram stated that she lives on that corner and it is a significant safety concern. She stated that there is Federal Aid available for road work such as this which Lunenburg is eligible for and suggested that the BOS become more involved with this matter. Mr. Matthews announced that the Eagle House Senior Center will be hosting "Veteran's Appreciation Day" tomorrow where all Vets can come up and enjoy complimentary coffee, cider, and donuts ANNOUNCEMENTS 1. Request for Fall Roadblock, Turkey Hill Lions Club, 11/10/12 - Mr. Matthews read the request from the Turkey Hill Lions Club for a Roadblock in the Town Center and at the intersection of Electric Ave & Whalom Rd to be held on 11/10/12 between the hours of 8AM-2PM. Mr. Alonzo moved to approve the Turkey Hill Lions Club Fall Roadblock on November 10, 2012 between the hours of 8AM-2PM. Ms. Bertram disclosed that she is a member of the Turkey Hill Lions Club, a non-profit organization, and normally she would abstain from voting on this matter but if she did so this evening, there would be no quorum for a vote. Mr. Alonzo stated for the record that this event happens every year. Ms. Bertram seconded the motion. On vote motion carried, 3 in favor, 0 opposed. 2. Request for Voluntary Toll Booth, The Salvation Army, 12/01/12 - Mr. Matthews read the request for a Voluntary Toll Booth to be held by the Salvation Army on 12/01/12 at the Town Center and at the intersection of Electric Ave & Whalom Rd. Mr. Alonzo moved to approve the Salvation Army request to hold a Voluntary Toll Booth on 12/01/12 at the Town Center and the intersection of Electric Ave and Whalom Rd. Ms. Bertram seconded. On vote, motion carried, 3 in favor, O opposed. ===PAGE 2=== APPOINTMENTS - none CURRENT BUSINESS 1. Review and/or Execute Power Purchase Agreement and PILOT Agreement for Solar for Mass PV1 and/or PILOT Agreement for EPG Solar- continue to 11/13/12 - Ms. Speidel requested confirmation from the three board members present this evening that they will be available on 11/13/12 at 6PM for this discussion. All board members confirmed that they will be there. 3. Review Letter from RCAP Solutions regarding potential in-kind contributions for Eagle Heights Housing Project - Mr. Matthews explained to the public who RCAP Solutions was and what its purpose is. They are currently trying to procure HUD funding to develop the old Primary School into senior housing. A follow-up letter was sent by RCAP Solutions to the BOS detailing "In- Kind" donations which the Town of Townsend had given to them for the Townsend Woods project, which HUD considers important in order to maximize a future application submittal. RCAP stated in this letter that the donation of the building and land as well an In-Lieu-of-Tax Agreement (PILOT) would have a significant impact on the viability of the Eagle Heights development in HUD's eyes and in the application in a number of scoring categories, particularly those related to leveraging resources. Mr. Matthews stated that this has been an ongoing process for a couple of years and that a large contingency of Lunenburg senior citizens have voiced their desire to have this project built in the center of town, to which the BOS gives their full support. Ms. Speidel stated that there is no deadline date set for the next round of grant funding through HUD and this matter does not need to be decided on this evening. Ms. Bertram said that the BOS and community have fully supported this project but there is a cost associated with this type of development in regards to infrastructure and she would like more information from RCAP on what they are looking for in terms of a PILOT. Ms. Speidel stated that the Board of Assessor's has stated that they do no believe that there is any legal basis for providing a PILOT for this type of development even though this company has negotiated PILOT agreements with other communities for similar projects. The BOS discussed that there was no mention in the RCAP's letter of a PILOT agreement with Townsend and agreed that they could provide the same concessions that Townsend did which are as follows: • Donation of nearly 6 acres of prime building land valued conservatively at $250K • Unitil waived hookup fees as well as installation of electric and gas lines a not cost to project. • Townsend Zoning Board wavier of 40B Filing Fees. • Townsend Fire Dept. and other town entities wavier of various inspection fees. • Extension of the Land Disposition Agreement to provide HUD/Lenders underlining Town's support of project. Mr. Alonzo stated that the BOS could also ask the Sewer and Water Departments to waive fees also. Ms. Speidel will update all information pertaining to the Eagle Heights project to be discussed again at a future BOS meeting and will contact the Sewer and Water Departments so that discussions can begin with them also. 3. Vote authorizing Emergency Spending under MGL Chapter 44, Section 31 for October 31, 2011 Storm - Ms. Speidel explained that the town is just concluding closing out FY12 with the Department of Revenue, the Department of Revenue is becoming increasingly particular with different items, and as part of the Free Cash Certification the Town needs to submit documentation that the BOS voted to authorize emergency spending under MGL Chapter 44, Section 31 for the October 31, 2011 storm. If the Town does not provide this information the State will reduce the Town's Free Cash in the amount of money that the Town is still waiting for MEMA to reimburse, which is approximately ===PAGE 3=== As we go to set our tax rate in 2013, if that deficit still exists, the Town will have to fund the deficit temporarily until the reimbursement is received. All expenses were charged to the Town's Snow & Ice account and when we got to the point that we were going to over-expend because of this storm, the Finance Committee voted in accordance with Chapter 44 Section 31. The Department of Revenue said that the Town should have followed Section 31. Mr. Alonzo moved that the BOS authorize emergency spending under MGL Chapter 44, Section 31 for the October 31, 2011 storm event. Ms. Bertram seconded. On vote, motion carried, 3 in favor, 0 opposed. 4. Minutes/Warrants/Action File Issues Minutes: None Warrants: 11/6/12 11/7 25-13 26-13 $159,844.63 $154,053.49 Action File Issues: None 5. Committee Reports - Mr. Alonzo announced the Finance Committee will be meeting Thursday at 7PM. Mr. Matthews reported that the MSBA has approved the School Building Committee's choice for the OPM for the school building project and it is Joslin Lesser & Associates. Mr. Matthews reported that he had spoken with the Finance Committee Chairperson and he would like to know if they will be organizing a Budget Working Committee /Service Levels Group again this year. Mr. Matthews stated that every year when they go through the budget process there seems to be some concern with the BOS that there is not enough information flow or not enough involvement by all members and do they want to continue with this. He said that the Finance Committee Chairperson suggested that the BOS meet along with the Finance Committee when they are going through the budget process with the departments so that everyone is fully informed of what's going on. Mr. Matthews would like the BOS to think about this process and discuss it again at a later date. 7. Town Manager Reports or Department Reports - Ms. Speidel reported that Dave MacDonald and Mike Nault are requesting permission from the BOS to solicit donations for decorating the upper common for the holidays. Board members were in agreement that they support this effort as long as they work in conjunction with the DPW, Public Safety, and with the neighbors. • Regional E911 Emergency Dispatch District - Ms. Speidel reported on the of the Regional 911 Emergency Dispatch District. The Administrative Board and the Operations Committee meet regularly to move the project forward and they are focusing on hiring an Executive Director for the facility. The Director's salary will be paid through an E911 Grant. There is a concern that their enabling legislation has not been approved yet and it sits in the House Committee on Third Readings. Efforts were stalled when a second bill was filed, which would change state law to allow the formation of Regional Dispatch Districts. This bill has not been approved yet either. The Town of Lancaster has offered to hire the Executive Director on a temporary basis, knowing that the person would eventually be transferring to the district and the salary would be paid for through the grant. The Operations board has been focusing on working with IT, processing the application for the radio tower, and overseeing building renovations. Currently they are $210,031 short of the total need for capital expenses. A grant through Homeland Security has been applied for in the amount of $405,517. Another E911 Grant will be applied for in the Spring. Ms. Speidel stated that E911 is very supportive of Regional Dispatch Centers and has said that if no other grant sources come through for this project, they will fund the $210,031 short fall. Ms. Speidel would like this to become a monthly agenda item at the BOS meetings. • Tax Title Accounts - Ms. Speidel provided the BOS with an updated copy of the FY2013 Tax Title Budget and reviewed it with them. She explained that Tax Title Accounts are managed by the Treasurers Office and there are currently 86 Title Accounts which are secured by a tax lien. FY2011 has been processed and they are now going through the accounts from FX2012. Currently the Town of Lunenburg charges a 16% interest rate on Tax Title ===PAGE 4=== Accounts which is required by law and there is no room for negotiation. The budget in FY2103 is $6500. for legal fees and if the Town wants to foreclose on an account it must go through Land Court. At this point in time the Town is not looking to foreclose on any of the liens. As of November 5, 2012 the total owed on all accounts is $1,388,758.09. Discussion ensued among the BOS on how to get these properties back on the tax roll and all agreed this should be discussed on a yearly basis. The top 26 properties on the Tax Title Account list will be dealt with first. Ms. Bertram questioned the last account listed as Town of Lunenburg with an outstanding bill of $32.36. Ms. Speidel explained that sometimes there is a situation where the owner is unknown and the property will be recorded in the Towns name. Mr. Matthews asked about a sub-committee being formed to look at these types of properties. Ms. Speidel replied that the Building Inspector had given her a report on inspections that he had done on abandoned properties which she will review and share with the BOS. Ms. Speidel stated that a list of Town owned properties which the Town may be interested in putting on the sa prop is almost complete. She also said that the Park Commission had sent a letter to her declaring their West OLD BUSINESS - APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS PUBLIC COMMENT EXECUTIVE SESSION - Mr. Matthews stated that they will be going into Executive Session, not to return, per MGL 30A Section 18-25 to discuss strategy with respect to collective bargaining or litigation. Mr. Alonzo moved to go into Executive Session. Ms. Bertram seconded. The board voted unanimously to adjourn regular session at 8:13PM. UPCOMING MEETING SCHEDULE November 13, 2012 November 20, 2012 Respectfully Submitted, Susan Doherty, Recording Secretary Board of Selectmen ======================================================================================== DOCUMENT : 2012-11-13-agenda-4828.txt BOARD : select-board DATE : 2012-11-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2012-11-13-agenda-4828.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11132012-4828 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN November 13, 2012 6:00 PM – Town Hall Bilotta Meeting Room, Second Floor AGENDA 6:00 PM 1. Review and/ or Execute Power Purchase Agreement and PILOT Agreement for Solar for Mass PV1 and/ or PILOT Agreement for EPG Solar 7:00 PM PUBLIC COMMENT ANNOUNCEMENTS APPOINTMENTS 1. 7:00 p.m. Request to waive Right of First Refus al, land located off Leominster-Shirley Road, owned by Padula Lunenburg, LLC 2. 7:00 p.m. Request for Alteration of Licensed Pr emises, The Harley House, 909 Massachusetts Avenue 3. 7:15 p.m. Annual Classification Hearing CURRENT BUSINESS 2. Minutes/ Warrants/ Action File Issues 3. Committee Report 4. Town Manager Reports or Department Reports APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS EXECUTIVE SESSION MGL Chapter 30A, Section 21(a) 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, and the Chair so declares. UPCOMING MEETING SCHEDULE November 20, 2012 ======================================================================================== DOCUMENT : 2012-11-13-minutes-4828.txt BOARD : select-board DATE : 2012-11-13 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2012-11-13-minutes-4828.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11132012-4828 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MEETING MINUTES 11/13/12 - — The Board of Selectmen met in the Joseph F. Bilota meeting room at Town Hall as schedulE CEIVED&HED Steven M. deBettencourt, Carl (Ernie) Sund, Paula Bertram, and Town Manager Kerry Speidel present. Not present Tom Alonzo. Regular Meeting opened at 7:00 PM DEC 13 2012 7:00PM PUBLIC COMMENT LUNENBURG TOWN Mr. Matthews expressed his appreciation for all Veterans who are currently serving or have served the country. CLERK OFFICE Mr. Matthews stated that there was a large turn out for the recent elections and thanked the election workers and the Town Clerk's office for dealing with the flow. Dave MacDonald, 155 Island Road, presented his plan for decorating the Upper Common in the town center for the upcoming Holidays. The large pine tree in the common along with the shrubbery, maple trees and the granite Lunenburg sign will be decorated with lights. Mr. MacDonald spoke to the businesses in that area and they had no objection to this project. He would like to coordinate this with the tree lighting ceremony on December 6. mailbox will be placed at this area where children can drop their letters which will be given to the Lunenburg Ledger for publication. Dave thanked Greg Bingham for the mailbox donation and stated that they will be looking for donations trom businesses. All donors will be thanked on a sign which will be placed on the Upper Common. Mr. MacDonald has spoken with Unitil to see if a discount can be given due to the fact that the lights are LED and also with Home Depot for discounts on the purchase of lights. DPW has also been contacted and are willing to help with this project. There is a power source on the Upper Common that can be used for these lights. Ms. Bertram asked if a vote was necessary for approval of the lighting. Ms. Speidel replied no, it does not affect any right of way and does not need approval. The BOS thanked Mr. MacDonald for spearheading this endeavor. Mr. MacDonald thanked the BOS for allowing the Salvation Army to conduct their "Boot Drive" and stated that "Their need is greater than ever". Mr. MacDonald thanked Jack Rabbit for speaking about the intersection on Mulpus Road & Townsend Harbor Road at last week's BOS meeting. He hopes that the BOS can fix the problem at that area. Donna Cameron, 919 Mass Ave, spoke to the BOS of her concerns with the abandoned gas station next to her property on Mass Ave and a broken plate glass window at that location that is dangerous. She does not know who the owner is but would like someone to take care of it before someone is hurt. Ms. Speidel stated that it would be the responsibility of the owner to board up the window but the owner is no longer interested in that property. There are several liens on that property but the Town cannot enter private property without permission from the owner. Ms. Bertram questioned why a crew from the Town could not go onto the property to board it up similar to what was done to a property on Leominster Rd. She feels that this is a dangerous situation which needs to be addressed. Ms. Speidel stated that she will speak to the Building Inspector to see if they could go through the same process on this property as well. Ms. Bertram stated that she thought the BOS had appointed a committee to look at abandoned properties but the Town Manager had told her it was specifically for the Leominster Rd. property. Ms. Bertram would like to revisit this item at another BOS meeting to compile a list and appoint people to the committee to look at these properties. ===PAGE 2=== Karen Ullo, who is a member of the Commission of Trust Funds, asked if the repairs could be funded through the Trust Fund. She said that the stipulation is that monies can be used to beautify or maintain property within 1 mile of the center Mir. Sund stated that he was not sure if those funds were open to something of this nature. He feels the key thing to this is not the funds but rather the access to the property which is private property. ANNOUNCEMENTS APPOINTMENTS 1. 7:00 p.m. Request to waive Right of First Refusal, land located off Leominster-Shirley Road, owned by Padula Lunenburg, LLC - Mr. Padula was not present at this meeting so Ms. Speidel explained to the BOS the request made by Padula Lunenburg LLC to waive Right of First Refusal for their land located off of Leominster Shirley Road. The property is identified as map 146 parcel 7 and map 146 parcel 5. Mr. Padula had attended prior BOS meetings indicating his intent to remove this property out of Chapter 61(a) designation in order to sell it for private purposes. He had presented a Purchase and Sales agreement to the BOS for part of Parcel 7 and for Parcel 4 which is not currently in Chapter. He is looking for the BOS to exercise the Right of First Refusal on the portion of Parcel 7 which is included in the Purchase and Sales Agreement. Mr. Padula will not be filing for Chapter 61(a) designation for these properties in FY2013 because his intent is to sell the properties. Ms. Speidel stated that the Planning Board had met earlier this evening and found that they do not believe that the Town should exercise their Right of First Refusal. The Conservation Committee met last week but the Town Manager has not received a statement from them regarding their findings on this matter but she believes the findings would be the same. Mr. Matthews stated that he had told Mr. Padula at a previous meeting that due to the fact that this land is some of the most developable land in town he does not see any reason why the Town would want to buy it. The BOS agreed with Mr. Matthews on that issue. Mr. Sund moved to waive the Right of First Refusal for land located off of Leominster Shirley Road, owned by Padula Lunenburg, LIC. limited to what is presented to the BOS. Mr. deBettencourt seconded. On vote, motion carried, 4 in favor, 0 opposed. 2. 7:00 p.m. Request for Alteration of Licensed Premises, The Harley House, 909 Massachusetts Avenue Mr. Matthews read the Notice of Public Hearing for the Request for Alteration of Licensed Premises for the Harley House located at 909 Mass Ave. This application is being submitted by Mary L. Padula DBA The Harley House. Gayle Padula, 909 Mass Avenue, spoke on behalf of Mary Padula, explaining that they would like to relocated the existing bar at this property because it currently creates a bottleneck due to its location by the kitchen and the dining room where people congregate, which causes a maneuverability problem for the staff and also its current location sits on a slab which causes a drainage problem. If it is moved into another room it will allow easy access to plumbing, electrical, drainage etc. Mr. Matthews questioned if there were any other major changes to hours or seating being done. Ms. Padula replied no although they did reverse a door with a building permit so that there was another legal exit. Ms. Bertram questioned if this has already gone to the Building Official. Ms. Padula replied that he had provided the Building Permit and everyone has signed off on it including the Board of Health, although they have not come for a final inspection as of yet. Mr. Matthews asked if any abutters were present to speak on this matter. Lois Filiau, 919 Mass Avenue, stated that she was concerned because the Notice states that there is a change in the license. Mr. Matthews explained to her that whenever a license holder makes a change to their facility they have to report to the BOS and the ABCC what is going on to get approval to make sure it is still in compliance. ===PAGE 3=== Ms. Filiau presented a list of questions for Ms. Padula to answer concerning her establishment. Ms. Filiau asked if this new venture was being built as a Sports Bar, what are the hours of operation, what days of the week will it be open, and are there T.V.'s Ms. Padula answered that the hours of operation are the same as the restaurant, which is Wednesday, Thursday, Friday, Saturday day & evening, and Sunday during the day, which is permitted through the Special Permit. She said that there Will be T.V.'s which are already in place in the existing bar. Ms. Filiau asked if there would be live entertainment to which Ms. Padula replied no except perhaps a piano or bagpipe player. Ms. Filiau asked if there was an outdoor designated smoking area. Ms. Padula replied yes which is located on the other side of the building from Ms. Filiau's house, although they have had a hard time keeping people from going to the other side to smoke but will try harder to prevent this from happening. Ms. Filiau asked how many people will the bar seat or hold. Ms. Padula replied that the bar will seat 10 people along with some tables. Ms. Filiau asked if the neon lights will be secluded towards the back of the building. Ms. Padula replied that as far as she knows the only neon light she has is the open sign and there are no plans to add any to the bar. Ms. Filiau asked what area of the building will be receiving liquor and beer deliveries. Ms. Padula replied that they will be received in the back of the building. Ms. Filiau asked the BOS if the Harley House should sell, does all licenses and permits transfer to a new owner? Ms. Speidel replied no they don't, new owners need to come in and apply for licenses. Ms. Filiau went on to say that a liquor license or bar is not a permittable use in a "Limited Business Residence District". Therefore the liquor license held by the Harley House should only be used as an accessory to the allowable and permitted current use of the property and under those provisions. Her understanding is that a liquor license was issued to the Harley House for the purpose of serving beverages to dinner guests and function patrons in order to support the restaurant and function hall. Ms. Filiau is concerned that this will evolve into a full fledged bar instead of an extension of a restaurant/function hall, which is what she believes was the intent of the main liquor license. Ms. Bertram stated that in looking at the plan there is no expansion of seating or expansion of the restaurant and this is just relocating the bar from its current location to another location for a number of reasons as the applicant explained. Given the fact that the Building Official as well as others have looked at it, she has no problem with the request as presented. Mr. Sund stated that he does not see a major problem with it and the Harley House has been a good asset to the town and does not see any expansion of what the current use is. Ms. Cameron questioned what the original bar seating was. Mr. Sund replied that it was about 8 or 9. Ms. Cameron stated that she had been there several times and was almost positive it was about 4. She went on to ask what license doe's the Harley House hold currently, is it doing business as a Restaurant, a Bed & Breakfast, a Tavern or an Inn. Ms. Padula replied that it is considered an Inn which allows them to serve food to the public, have private functions and have a Bed & Breakfast, which they are not currently doing until renovations are done to bring it up to code. Ms. Cameron spoke in agreement that the Harley House for functions is beautiful but remains concerned about the permit for operating as an Inn where people stay overnight. Ms. Speidel stated that it was her understanding that the Harley House is zoned and licensed to be a Bed & Breakfast for 3 rooms but she is not currently doing this. Ms. Bertram stated that the current question which has been raised is a Zoning question and what is before the BOS is the relocation of the bar within the existing license that is currently held which has to be approved by the ABCC, its been approved by the Building Official as well as other Town Officials and meets compliance from a building standpoint and she has no problem with the relocation of the bar as proposed. Mr. Matthews asked if there was any more public comment on this matter to which there was none. ===PAGE 4=== Mr. Matthews moved to close the Public Hearing. Mr. Sund seconded. On vote, motion carried, 4 in favor, 0 opposed. Ms. Bertram motioned to approve the relocation of the bar as proposed on the plans submitted for the alteration of License Premises at 909 Mass Ave. Mr. deBettencourt seconded. On vote, motion carried, 4 in favor, 0 opposed. Mr. Matthews stated that if the abutters feel that there is problem with the Harley House being properly zoned, then they should contact the Zoning Official with their concerns. 3. 7:15 p.m. Annual Classification Hearing - Harald Scheid, Principal Assessor for the Town of Lunenburg was present to speak on the Annual Classification Hearing. Mr. Scheid stated that this is his 18" Classification Hearing with this BOS. He went on to say that his presentation has not changed much in 18 years and that the message is the same which centers around 1 question which is does Lunenburg levy one tax rate across all classes of property or does it adopt a split tax rate where commercial/industrial property owners are assessed at a higher level to yield a tax reduction on the residential side. He explained that the town's commercial/industrial base is so small that you would have to significantly increase taxes to them to yield a very small break on the residential side. Mr. Scheid went on to explain that you would have to raise the commercial/industrial rate by 10% in order to drop the residential rate by 1%. Mr. Scheid stated that most residents will see an assessment almost identical to last year's and that there are no indications that a further reduction in property value will be necessary. Any drop in value would take place for older homes that are in poor condition whereas the top of the list would most likely be occupied by waterfront homes that seem to hold their value in any market. Mr. deBettencourt motioned to retain the single uniform tax rate for the Town of Lunenburg for this year, Ms. Bertram seconded. On vote, motion carried, 4 in favor, 0 opposed Mr. Scheid stated that probably at the next BOS meeting he will have the LAS document which the BOS will need to sign. Mr. Sund thanked Mr. Schied along with the other board members for the work they perform through out the year. CURRENT BUSINESS 2. Minutes/Warrants/Action File Issues Minutes: 10/16/12 Warrants: 5/3/11 11/3/12 #27-13 $210,487.89 Action File Issues: Ms. Bertram requested an update on when Koplemen & Paige will be coming to Lunenburg to do a Workshop regarding the Open Meeting Law. Ms. Speidel replied that she had asked the Town Clerk to coordinate this and she will follow up with her on the status. 3. Committee Reports - Mr. Sund reported that the Cable Committee is meeting this evening. 4. Town Manager Reports or Department Reports - Ms. Speidel reported that several meetings ago Asian Imperial came before the BOS to request a transfer of their License from their current location to their new location. They had asked for the transfer to become effective as of January 1, 2013 which is not typical procedure and the ABCC is asking for a letter from the BOS stating that they had voted to make the transfer effective on or about January 1, 2013. The BOS also need to sign the original transfer of the application. Ms. Speidel spoke about the intersection of Townsend Harbor Rd. and Mulpus Rd. saying that she has not had a chance to review all of the Capitol projects that have been submitted to the Capitol Committee. She said that the DPW Director advised her that he did submit a request for FY2014 for $35K for that intersection as part of his Capitol Plan which was based on two engineering estimates that had been received. He also submitted for intersection improvements for ===PAGE 5=== Goodrich St. and Lancaster Avenue. Ms. Speidel feels it is fairly unlikely that improvements will be able to be made to both projects in the same year due to the fact that it is too early in the year to see what will be set aside for capitol. : Ms. Speidel said that she and the DPW Director will be meeting with an engineer to identify any grant opportunities that are available. Ms. Bertram stated that there are number of roads in Lunenburg that are eligible for Federal funds which the Town has not taken advantage of through the MPO process. Ms. Bertram said that as Sub Region 3 Representative she will be reaching out to other communities and that Townsend Harbor Rd. is eligible for this funding because it connects to another municipality as well as all bridges. The first step in the process for applying for funding is to fill out a Project Need Form and submit it to our Sub Region 3 at MASS DOT for review then it would go onto the next stage. She would also like to look at the Pavement Management plan to identify any projects on that plan where they can start that process also. MRPC has incorporated a component to do an Outreach Program for roads within the Montachusett region so people will learn how to get projects incorporated in the TIP. Mr. Sund asked Ms. Bertram if Scenic Roadways were included in this program. Ms. Bertram referred him to MRPC website to the program called Mr. Mapper and said that Leominster Rd. and Lancaster Rd. are both eligible because they connect to other towns. OLD BUSINESS - APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS PUBLIC COMMENT EXECUTIVE SESSION - Mr. Matthews stated that the BOS will be going into Executive Session not to return citing MGL Chapter 30A, Section 21 (a) 3, to discuss strategy with respect to collective bargaining or litigation, if an oper meeting may have a detrimental effect on the government's bargaining or litigating position, and the Chair so declares Ms. Bertram moved to go into Executive Session. Mr. deBettencourt seconded The board voted unanimously to adjourn regular session at 7:55PM. UPCOMING MEETING SCHEDULE November 20, 2012 Respectfully Submitted, Susan Doherty, Recording Secretary Board of Selectmen ======================================================================================== DOCUMENT : 2012-12-04-agenda-4829.txt BOARD : select-board DATE : 2012-12-04 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2012-12-04-agenda-4829.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12042012-4829 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN December 4, 2012 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor AGENDA 7:00 PM PUBLIC COMMENT ANNOUNCEMENTS APPOINTMENTS CURRENT BUSINESS 1. Common Victualler License, Dippin’ Donuts, 455 M assachusetts Avenue 2. Review and/ or Execute Power Purchase Agreement and PILOT Agreement for Solar for Mass PV1 and/ or PILOT Agreement for EPG Solar 3. Notice of Commonwealth’s Proposed Acquisition of Agricultural Preservation Restriction (APR) on Property in Lunenburg a. 294 Chase Road, Lanni Orchards b. 490 Chase Road, Pierce Farm 4. Right of First Refusal, Land Plan, Book 10, Page 10, currently owned by City of Fitchburg 5. Authorize Emergency Appropriations Borrowing rel ative to 10/31/11 Storm Event 6. Minutes/ Warrants/ Action File Issues 7. Committee Report 8. Town Manager Reports or Department Reports a. Nashoba Valley Regional Dispatch District APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS EXECUTIVE SESSION MGL Chapter 30A, Section 21(a) 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, and the Chair so declares. UPCOMING MEETING SCHEDULE December 11, 2012 December 18, 2012 ======================================================================================== DOCUMENT : 2012-12-04-minutes-4829.txt BOARD : select-board DATE : 2012-12-04 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2012-12-04-minutes-4829.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12042012-4829 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MEETING MINUTES 12/4/12 The Board of Selectmen met in the Joseph F. Bilotta meeting room at Town Nall as scheduled with David Matthews, Tom Alonzo, Paula Bertram, Carl "Ernie" Sund, Steven M. deBettencourt and Town Manager Kerry Speidel present. Regular Meeting opened at 7:00 PM Mark Cappadona, representing Colonial Power Group Inc., came before the BOS to provide an update on the Municipal Aggregation Program. Due to current market conditions the group is unable to attain a rate that is lower than Unitil's Basic Service rate, so the program will be suspended until market conditions improve and they can deliver a lower rate to the community. In the 12 months that the program has been running the participants in Lunenburg have saved approximately between $120,000 and $150,000. The final numbers from Unitil have not been received yet but it is estimated to be about $30.00 per household. Each houschold participating in the program will be notified through the mail of this situation. When the program begins again, it will be automatically done and participants will not need to sign up again. The current rate which the residents are paying is $0.0585 which will be increasing to Unitil's rate of $0.07023. Currently the best Colonial Power Group could do was approximately $0.0760. It could possibly be within a month that the rates go down again but at this time there are no suppliers that can supply a rate lower than Unitil. The change to Unitil's Basic Service will take effect with the December meter reading for all participating customers. Colonial Power Group will continue to monitor rates over the course of the winter and the Town will resume the program once it is able to obtain rates that offer residents and businesses cost savings. ANNOUNCEMENTS Mr. Alonzo announced that there will be a "Lunenburg Family Gift Mart". Donations are being excepted of new & unwrapped items along with gift cards and checks which will be used to support over 100 Lunenburg families in need this holiday season. Mr. Matthews announced that there is a drop box located at the Eagle House Senior Center for the "Toys for Tots" program. Mr. Matthews announced that the Tree Lighting Ceremony at the Lower Common will be on Thursday at 6PM followed by refreshments at T.C. Passios. Also noted are the decorations and lights at the Upper Common that was organized by Dave MacDonald and Mike Nault who solicited donations to make this happen. This Upper Common will be lit at approximately the same time as the lower. Mr. Matthew thanked everyone involved in this project. Mr. Alonzo added that there is a "Letters to Santa" mailbox on the Upper Common where children can drop their letters and the Lunenburg Ledger will pick them up for publication. APPOINTMENTS CURRENT BUSINESS 1. Common Victualler License, Dippin' Donuts, 455 Massachusetts Avenue- Paul Karapatsas, 122 Cross St spoke to request a Common Victualler License for Dippin' Donuts located at 455 Mass Ave in Lunenburg. Hours of operation will be from 5AM-9PM. The building will have a drive-through area and will offer takeout only. Mr. Alonzo voiced his concerns about traffic backing up onto Mass Ave due to the drive-through feature. Mr. Karapatsas replied that on a busy day you could have 3 or 4 cars but the intercom system allows for the order to be put in ahead of time which keeps the traffic moving. ===PAGE 2=== Ms. Bertram moved to approve the Common Victualler License for Dippin' Donuts located at 455 Massachusetts Avenue. Mr. deBettencourt seconded. On vote, motion carried, 5' in favor, 0 opposed. Sam Ramondelli, formerly of "Showroom Sammy's", which is the location of the new Dippin' Donuts, spoke about the 27 years that he was in business and that he had left because of health reasons. He wished Mr. Karapatsas luck in his business and said that he knows that he won't let the people of Lunenburg down. On behalf of Mr. Karapatsas and himself, Mr. Ramondelli thanked the Boards in Town for making this a smooth transition for the new business. 2. Review and/or Execute Power Purchase Agreement and PILOT Agreement for Solar for Mass PV1 and/or PILOT Agreement for EPG Solar- Ms. Speidel stated that there were no PILOT's or PPA's for discussion but gave the BOS an update on existing projects. Town Counsel informed Ms. Speidel that they are still awaiting a PILOT on the EPG project which is delayed due to an agreement not being reached yet between the property owner and EPG. In regards to MASS PV1, the Attorney for MASS PV1 was supposed to have the proper documents for a PPA and PILOT to Town Counsel approximately 3 weeks ago and they have not been submitted yet. In regards to the Borrego project, there is no definitive answer yet. They are waiting for results from an "Anti-Islanding" study which is due next Tuesday and they will give an answer whether or not they will be continuing with the project at the landfill. Ms. Speidel met with the Water District concerning the possibility of them purchasing Net Metering Credits. Although the meeting was productive it was decided that it would not make sense for the Water District to purchase Net Metering Credits due to the fact that they currently have a better deal in terms of what electricity cost because they cycle everything "off peak". The Town of Townsend is interested in learning more about purchasing Net Metering Credits, but Mass PV1 has already contacted them about doing this and Ms. Speidel feels that it does not make sense for the BOS to try and negotiate something when they appear to be willing to do it themselves. Ms. Speidel stated that this is a long process and hopes to have a better update for the BOS at the next meeting. There is a huge financial benefit to the Town through these projects and she would like to bring these projects to conclusion because the Town could use the savings in FY14. Ms. Bertram requested that a draft copy of the PILOT that is currently before EPG be distributed to the BOS for review before next weeks meeting. 3. Notice of Commonwealth's Proposed Acquisition of Agricultural Preservation Restriction (APR) on Property in Lunenburg a. 294 Chase Road, Lanni Orchards b. 490 Chase Road, Pierce Farm Ms. Speidel explained that Mario Lanni from Lanni Orchards and Daniel & Kathleen Pierce from Pierce Farm have filed applications for APR with the State on their respective properties. They are looking to sell their development rights on the properties to the State in exchange for a sum of money which would help them maintain their farms. The State will come out to look at their properties and determine the value of the development rights. If the development rights are purchased a lien is placed on the property which is filed at the Registrar of Deeds and it cannot be removed. If the properties go into this program they are required to continue to farm the property in the manner that it is currently being farmed. Ms. Speidel explained that there are many steps to this process but two in particular are of concern this evening. The Board first needs to read into record that there is an application for APR on the Lanni Orchards property which will begin a 120 day clock. The Pierce Farm property application was already read into a record at a prior BOS meeting. ===PAGE 3=== The second action is that the State would like for the Town to be a partner in the purchase of the APR. The way that the State determines the amount that they would seek from the community is based on an evaluation of how "farm friendly" the community is. Generally they are looking for a 20% commitment from the Town but there are a series of evaluations that are made and if the Town is undertaking activities that make the community "farm friendly" there would be a reduction in the contribution. Ms. Speidel was advised that the reduction would be to 10%. If the Town chooses not to be a partner it would be called a "bargained sale" and the property owner would receive 10% less in the sale. If the Town chooses to partner with the State, this matter would need to go to Town Meeting for. a vote. Currently the State is looking to see if the Town is interested in beginning this process. Ms. Speidel stated that this is difficult time to be considering making any type of contribution to purchase development rights. She feels that for a reasonable amount of money the Town can ensure the protection of these two properties as farmland and that it deserves some serious consideration. Mr. Matthews read into record the Notice of the APR on Property in the Town of Lunenburg owned by Lanni Orchards, 292 Chase Rd. and then signed it. 4. Right of First Refusal, Land Plan, Book 10, page 10, currently owned by City of Fitchburg (taken out of order after Item #1) - Dan Curley, representing Fitchburg Redevelopment Authority spoke to the BOS regarding Right of First Refusal on Land Plan, Book 10, page 10. Mr. Curley feels that if the Town of Lunenburg exercised their Right of First Refusal, the FRA could begin to move forward on marketing this property, knowing that no official action could occur until after March 19, 2013. Mr. Matthews clarified that this property is owned by the City of Fitchburg and that this is a bureaucratic method to free it up so it could go to the FRA and be sold for redevelopment for commercial purposes. Currently Lunenburg receives no tax benefits from this "land locked" property which has no access from Lunenburg. This would help to move along the process of bringing business in, creating jobs, and then it would contribute to the tax base in Lunenburg. Ms. Bertram motioned that the BOS not exercise Right of First Refusal on the portion of land in Lunenburg that consists of 19.9 acres approximately as identified on the map. Mr. Alonzo seconded. On vote, motion carried, 5 in favor, 0 opposed. 5. Authorize Emergency Appropriations Borrowing relative to 10/31/11 Storm Event - Ms. Speidel explained that this item concerns the October 2011 storm. All applications for reimbursement were filed in a timely manner, have been reviewed, and approved. All reimbursements have been received except for $115K. The efforts that have been made by the Town to move the $115K out of MEMA to record on our books before the tax rate recap is submitted, have been unsuccessful. At this point in time there is a deficit and the only way to cover it and to have the tax rate certified for FY13 is either to make an appropriation by Town meeting or to borrow the money on a short term basis to fill the gap. Ms. Speidel would like to propose short term borrowing of approximately $2K. The borrowing will be done through the State House Note Program through the Department of Revenue, which will be less expensive. Mr. Sund read the motion to Authorize Emergency Appropriations Borrowing relative to 10/31/11 Storm Event into record. Mr. deBettencourt seconded. On vote, motion carried, 5 in favor, 0 opposed. 6. Minutes/Warrants/Action File Issues Minutes: 10/16/12 11/6/12 11/13/12 Warrants: 12/6/12 12P 13 $636,238.06 12/4/12 32-15 $151,422.95 12/4/12 31-13 $508,819.86 Quarterly Water Dept. Commitment $4680.78 Action File Issues: None ===PAGE 4=== 7. Committee Reports - Mr. Alonzo reported that the Finance Committee met last Thursday where the new Finance Committee members met with the Chief of Police, Fire Chief & DPW Director to familiarize themselves with the budget procedure and what each department is facing. Mr. Alonzo reported that he will have an update next Tuesday on the Mass Broadband Institute's progress with installing fiber optics throughout the western and central part of the State. Mr. Sund reported that the PACC met last evening and discussed the relocating of their offices to the T.C. Passios School building. Mr. Sund reported that the Capital Planning Committee met last week and stated that the initial requests from Town Departments came in at approximately $2M. These requests will be "whittled" down and the committee will be making visits to different departments to discuss their needs. Mr. Sund requested that the new State Rep. Stephen DiNatale along with State Rep. Jennifer Benson be invited to a BOS meeting to introduce Mr. DiNatale to the constituents. Mr. Matthews reported that the School Committee has started their budget process and will be ratifying the latest Teacher's contract. The School Building Committee has sent out the RES (Request for Services) for design services for the new project. They expect responses at the end of this month and then will be able to work with the MSA to receive approval for whomever they choose. The schedule is to have the schematic design and feasibility to be completed by June of 2013 and if everything goes as expected to hold a Special Town Meeting in the Fall of 2013 to discuss funding of either renovating the existing school or building a new one. Long term projection is to have this project completed by the Fall of 2016. Mr. Matthews explained what the Budget Working Group was and who participates in this group. This group consists of an informal group of people from the School Committee, Finance Committee and the Board of Selectmen. He stated that there has been some resentment from the BOS and from other places that enough information was not being relayed and that other people wanted to get involved. This has put an impact on the Town Manager's Annual Evaluations, even though she is not directly responsible for what that group is doing. Mr. Matthews had discussed with the Chair of the Finance Committee if it was prudent to continue to have this group, should participants be reorganized, or if it should be done away with. Another thought was that the BOS get together with the finance Committee on Thursday evenings as they do the budget process so that they are all on the same page and fully informed when it comes to Town Meeting. Discussion ensued among the BOS on the pros and cons of continuing with the Budget Working Group, what the best ways of staying informed about the budget procedure are and whether or not another layer of town government is needed in the process. Ms. Bertram asked the Town Manager if there is a "value add" to her with the budget process by having the Budget Working Group. Ms. Speidel replied that the Budget Working Group, the BOS, and the Finance Committee have only ever reviewed her recommended budget. There is no other group that helps her put the budget together. She has worked with Budget Working Groups in other communities and they are helpful because you can work with people "off line" but the Open Meeting Laws have changed and these meetings are not closed anymore. It is very difficult when you're working on the budget to add another meeting to the schedule and it will become more difficult this year. Five years ago there were three full-time employees in the Selectmen's and Town Manager's office, now there is only one person who works 36 hours per week. This has impacted the workload in the office and she is not sure how having another meeting, unless it's productive, will have the right benefit. She makes many presentations throughout the year regarding the budget and it is frustrating to come back to the BOS to hear that they have not received enough information. She is happy to continue the process if the BOS as a whole want the process. Ms. Speidel added that this year she will be asking the BOS to have some serious discussions about Health Insurance and the BOS will be directly involved with that issue. ===PAGE 5=== Mr. Matthews stated that based on the Town Manager's statements, they need to walk away from the Budget Working Group for this year. He also recommend that the entire Board needs to spend as much time as possible with the Finance Committee along with the School Committee to be kept fully up to date as to what's going on. As a side note, Mr. Matthews said that the Finance Committee always referred to the Budget Working Group as the Service Level Group. Mr. Matthews added that in regards to Capital Planning, he quickly reviewed requests that came in and he hopes that the Department Heads are reminded that we are laying people off every year, every year there are fewer services and he was very surprised at some of their requests. Ms. Bertram asked that the BOS receive an overview of the Capital Plan list of requests for review. 8. Town Manager Reports or Department Reports- Ms. Speidel informed the BOS that due to inclement weather the previously approved Salvation Army Voluntary Toll which was scheduled for December 1" was shut down by the Police Department for obvious safety reasons. This group would like to request a new date for their toll on December . Board members agreed that the group could go ahead and plan for this date but it could not be voted on tonight because it was not on the agenda. This matter will be voted on at the December 11" BOS meeting. Ms. Speidel reported that there is a problem with a gear mechanism on one of the valves at the Lake Shirley Dam. Although it needs to be fixed, it poses no imminent danger to the integrity of the dam. DPW has contacted the manufacturer for a recommendation for repairs but they have not been able to provide a whole lot of assistance. The Water District has also been assisting with the repairs. The valve will either have to be repaired or replaced. The Town carries $1OK in the budget for repairs at the dam but to date there is no information as to how much this will cost to repair. The next inspection of the dam will be in January 2013 and Ms. Bertram requested information as to how much the inspection and the repairs will be. Ms. Speidel reported that the broken glass at the abandoned gas station on Mass Ave posed such a safety problem that the Town took matters into their own hands and sent someone over to board up the door. This was done without the property owners permission. The Building Inspector has updated the Town Manager on the status of abandoned properties in Town which he has inventoried. The Building Inspector is on vacation and this will be discussed at a future BOS meeting. The Summer St. Project is waiting for all three communities to sign the Design Contract. Leominster is the only community which has not signed the contract. Ms. Speidel spoke to Mayor Mazzarella who informed her that Leominster does not have their appropriation for their share yet, which is $24K. The Mayor will be taking the appropriation to the City Council next week. Ms. Speidel read a copy of a letter which Police Chief Marino had sent to Officer Jeff Thibodeau commending him on his service for resolving a case which involved an elder resident who was a victim of a phone scam which resulted in $2500 being stolen from this person. Officer Thibodeau was successful in his investigation of the case and was able to return the money to the resident. Ms. Speidel added that there is a lot of work that the Lunenburg Police does that makes a huge difference in the lives of the residents of Lunenburg and she feels that it is important to point this out. a. Nashoba Valley Regional Dispatch District - Ms. Speidel updated the BOS on the Nashoba Valley Regional Dispatch District. Everything is moving along smoothly. When Ms. Speidel last updated the BOS there was a shortfall ir capital costs of $213K. The Executive Board reviewed again the outstanding contracts and were able to negotiate out some items that they did not think were necessary and the shortfall in capital at this point is approximately $155K. Some of the grants that are still outstanding far exceed the shortfall in capital and they are moving along in the right direction. Nathan Kenny has been hired to be the Executive Director of the Nashoba Valley Regional Dispatch Center. Mr. Kenny currently works for the Rutland Regional Dispatch Center and comes with an incredible amount of experience. Mr. ===PAGE 6=== Kenny will be hired on a temporary basis by the Town of Lancaster until the Legislation is in place and will begin work on January 2"* The Special Legislation to form the district is still hung up in House Committee 3rd readings due to the fact that there is no Chair for that committee. Currently they are following the Inter-Municipal Agreement and are not an independent legal entity yet. They have been operating under the ospasis of Mass Development. The intent is to have the building up and running by July 1, 2013 and Lunenburg will be the first district to transfer over. Ms. Speidel reported that Governor Patrick has announced that there will be $540M shortfall in the State Budget for *Y13. Although it includes $28.75M in cuts to school aide and municipal programs, there is not a lot in these cuts tha will have a direct impact to the Town of Lunenburg. The biggest cut will be $11.5M from the Special Education Circui Breaker program which translates to approximately a $10-$20K cut to the Lunenburg Public Schools. Ms. Speidel and the School Superintendent feel that they will be closer to the $10K amount. The Governor is looking to take approximately $200M out of the State Stabilization fund which would bring the total draw in FY13 to $550M which will leave a balance in that fund of $1.2B. Ms. Speidel feels that the only other cuts that could affect the Town will be enhanced 9C cuts. This means that the Governor is looking for the Legislature to give him more authority then he already has under M.G.L. which would enable him to cut Unrestricted General Government Aid by 1%. This would represent just under $9K to the town. The Mass Municipal League would like support in calling Representatives and Senators to oppose the Governor's $9M cut to Municipal Aid. Ms. Speidel stated that she is not compelled to call and ask them to oppose the 1% cut. She feels that we are lucky that it is only 1%, we will be seeing more and when you look at what is being cut on the State level it does not seem fair to expend any political capital to oppose the low 1% number. Mr. Matthews spoke and reminded everyone that at the last Special Town Meeting people thought we had $120K more than what the Town had budgeted for. The BOS and Finance Committee expressed caution to everyone to leave that money alone because it was early in the year and that it probably won't be there at the end of the year. Some people spoke in support of spending the money on the Library and now that money is fleeting. We don't know what will happen in the next several months and we really need to be cautious with the money that is in hand. We cannot take a spending item out of context like we did at Town Meeting, even if it is a small number, because you're not considering the impact of where it is coming from. OLD BUSINESS - APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS PUBLIC COMMENT EXECUTIVE SESSION Mr. Matthews moved to adjourn regular scheduled meeting to go into Executive Session citing MGL Chapter 30A, Section 21 (a) 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, and the Chair so declares. Mr. deBettencourt seconded. The board voted unanimously to adjourn regular session at 8:52PM. UPCOMING MEETING SCHEDULE December 11, 2012 December 18, 2012 Respectfully Submitted, Susan Doherty, Recording Secretary Board of Selectmen ======================================================================================== DOCUMENT : 2012-12-11-agenda-4830.txt BOARD : select-board DATE : 2012-12-11 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2012-12-11-agenda-4830.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12112012-4830 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN December 11, 2012 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor AGENDA 7:00 PM PUBLIC COMMENT ANNOUNCEMENTS APPOINTMENTS CURRENT BUSINESS 1. Voluntary Toll Booth, Salvation Army, December 1 5, 2012 2. Review and/ or Execute Power Purchase Agreement and PILOT Agreement for Solar for Mass PV1 and/ or PILOT Agreement for EPG Solar 3. Review Policies & Proceedures- CORI Policy 4. Minutes/ Warrants/ Action File Issues 5. Committee Report 6. Town Manager Reports or Department Reports APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS EXECUTIVE SESSION MGL Chapter 30A, Section 21(a) 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, and the Chair so declares. UPCOMING MEETING SCHEDULE December 18, 2012 ======================================================================================== DOCUMENT : 2012-12-11-minutes-4830.txt BOARD : select-board DATE : 2012-12-11 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2012-12-11-minutes-4830.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12112012-4830 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MEETING MINUTES 12/11/12 47a991e sad The Board ot Selectmen met in the Joseph F. Bilotta meeting room at Tow f Hall as scheduled with David Matthews, Tom Alonzo, Steven M. deBettencourt, Carl (Ernie) Sund, and Paula Bertram. Not present was Town Manager Kerry Speidel. Regular Meeting opened at 7:00 PM 7:00PM PUBLIC COMMENT Mr. Matthews thanked the public for coming out for the Tree Lighting Ceremony and also thanked all who were involved in the decorations at the Upper Common. He hopes that this tradition will be carried on in the future. Mr. Sund added that the Local Cable Access Channel had recorded this event and that it can currently be seen on Facebook. RECEIVED & FILED ANNOUNCEMENTS JAN 2 4 2013 APPOINTMENTS LUNENBURG TOWN CURRENT BUSINESS CLERK OFFICE 1. Voluntary Toll Booth, Salvation Army, December 15, 2012 - Mr. Alonzo moved to approve the Voluntary Toll Booth request from Salvation Army to be held on December 15, 2012. Mr. Sund seconded. On vote, motion carried, 5 in favor, 0 opposed. 2. Review and/ or Execute Power Purchase Agreement and PILOT Agreement for Solar and Mass PV1 and/ or PILOT Agreement for EPG Solar - Mr. Matthews stated that there was no new information regarding these items. He stated that due to some newspaper articles there were people concerned about the Developer selling credits to other communities. He reminded the public that there was a potential for more credits being available than the Town could use directly and they are trying to work with Unitil to get the cash value of the credits back to the Town for maximum use to the Town and tax payers. This process is still in its early stages, nothing has been decided, and our goal is still to get the maximum benefit for the tax payers. There will be no PILOT's without PPA agreements. PILOT's are being written that they are not a tax benefit to the developers and there is not a tax break unless there is potential for a future Override. These projects will be fully taxed at the real value of the property. 3. Review Policies & Procedures- CORI Policy - Mr. Matthews explained what the CORI (Criminal Offender Record Information) procedure was and stated that the BOS has never had a CORI Policy in place to guide decisions and discussions. Mark Terry, Labor Counsel for the Town of Lunenburg, was present to assist and answer questions regarding the draft CORt Policy which had been distributed to the BOS. He explained that there have been changes regarding the CORI statute, one being that all employers, not just municipalities, are required to adopt a CORI Policy if they fall into a certain category which is defined as running five CORI checks a year. This policy will apply to individuals who are seeking employment with the Town, volunteers, internships, and to those who are applying for licenses. Mr. Terry said that there is a "model policy" which the State has provided, to which Labor Counsel has suggested some modifications. The change occurred in Paragraph 3B which made reference to a conditional offer of employment, which has been removed. The change in the law was designed to preclude employers of all kinds from trying to make decisions based on conviction information. Discussion ensued regarding the issue of Executive Session to discuss licensee CORI findings and if the licensee would be allowed into Executive Session for discussions. Mr. Terry stated that you could go into Executive Session under Reason 7 of the Law to discuss things that are considered confidential by State Law because the Statute itself precludes ===PAGE 2=== the general dissemination of the information. Under this provision of the law the individual does not have a right to be present in that discussion. Although it is not necessary, Mr. Terry suggested that it might be wise to invite the individual into Executive Session so that the BOS are sure that they have the correct information regarding the individual. Also discussed was when the time is appropriate to run a CORI check. The design of the policy is first to adopt a policy that complies with the state requirements, secondly is the implementation of the policy which will include some of the procedures that are adopted and the statutory consideration of when it is required and when it is not, and third is a general policy judgment as to who is making the decision, what the decision is and why the decision is being made. Mr. Terry also recommended that consistency is necessary when running CORI checks on employees. He also called to the board's attention that the policy calls for the Town Manager to be the person adopting the administrative procedures. Board members were in agreement that they need to adopt procedures fairly quickly and that they need to specify what circumstances determine what their procedures will be regarding CORI checks. Ms. Bertram moved to approve the CORI Policy as written. Mr. deBettencourt seconded. On vote, motion carried, 5 in favor, 0 opposed. 4. Minutes/Warrants/Action File Issues Minutes: 12/4/12 Warrants: 12/10/12 12/11/12 W#12P13M $8059.07 W# 33-13 $288,709.18 Tax Classification Document - Signed Action File Issues: Ms. Bertram pointed out that the flag in the center of Town is not lit as is required by law and said that it needs to either be taken down or lit at night. Mr. Matthews is looking into this matter. Mr. deBettencourt inquired about the unlit flag in Veteran's Memorial Park. Mr. Sund replied that all of the flags will be taken down for the winter but that they are lit when they are up with a solar light. 5. Committee Reports - Mr. Alonzo reported that he participated in a conference call regarding the Mass Broadband fiber project progress. It is anticipated that the entire network will be operational at the end of June. There are 27 service providers lined up who can provide retail services onto that network and the BOS will need to decide in the spring who they would like to use for this project. Ms. Bertram thanked Mr. Alonzo for taking on this role and asked him if he thought that a committee should be formed to work on the final stages of this project. Mr. Alonzo replied that this hadn't been discussed with Mass Broadband and will need to find out what their recommendations are. Mr. Sund reported that a Capital Planning meeting was held this morning where they met with the Council on Aging. Library and Historical Commission. He stated that this year's requests total $2M and that this is a work in progress. The goal of the committee is working towards finding out what are the most valued and needed things for the overall community and not each department. The final money decisions for the department requests are up to the Town Manager, Finance Committee, and Town Meeting. Ms. Bertram reported on the MPO process and the roads in Lunenburg that could be included in the TIP. Ms. Bertram met With the DP W Director where they determined that there are 25 Federal Aid eligible roads in Lunenburg and they cross-referenced these roads with the Pavement Management Plan. They found a potential of 5 projects that would be appropriate to include in the TIP and they are the intersection of Townsend Harbor Rd. and Mulpus Rd., Chase Rd to Before Project Need Forms are filled out, Ms. Bertram will reach out to Brad Harris, Transportation Director at MRPC and then speak to Arthur Frost from Mass DOT to find out their thoughts on these projects. ===PAGE 3=== Ms Bertram reported that the Planning Board met last night where John Hume, from MRPC gave a report on the District Local Technical Assistance Program. Ms. Bertram hopes to get a copy of this report to the BOS soon. Also discussed was Arrow Estates, Highfield Village and the APR (Agricultural Preservation Restriction) applications for Lanni Orchards and Pierce Tree Farm. Mr. Matthews reported that the School Building Committee has sent out requests for design services. The decision on who will be hired will be made by MSBA with input by our local representatives on January 8th. Mr. Matthews announced that Bob Saiia has submitted his resignation to the Planning Board effective January 1". He reminded the public that there will be an opening coming up on the Planning Board and encouraged people to step forward to fill the vacancy. 6. Town Manager Reports or Department Reports - None OLD BUSINESS - APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS PUBLIC COMMENT EXECUTIVE SESSION - Mr. Matthews stated that they will be going into Executive Session to discuss a retiree health coverage issue but before they can do so, that there are 3 BOS members (Bertram, deBettencourt, & Sund) that potentially have a Conflict of Interest which would interfere with a quorum. He asked Marc Terry, Labor Counsel, to give advice on how to proceed. Mr. Terry explained that there is a law entitled "The Rule of Necessity" which means that if you can't resolve a conflict of interest by making disclosures, any one of the board members can invoke "The Rule of Necessity". Mr. Terry stated that this process has all been verified by the State Ethics Commission and an email has been received back from General Counsel indicating that the Rule of Necessity can be invoked under these circumstances. After due & diligent discussion among the board members regarding their individual situations, Mr. Sund, Mr. Alonzo, Mr. Matthews, and Mr. deBettencourt chose to invoke the rule of necessity by stating the following: I previously had available, though not used, health insurance through the town in my capacity as a member of the BOS/BOA (Sund) BOS (Alonzo, Matthews), Employment through the Town of Lynnfield & BOS (deBettencourt). Following a retiree health coverage issue that arose as the result of an employee's inquiry, the Town's Labor Counsel recommended the Board of Selectmen adopt certain eligibility rules for retiree health coverage in accordance with law. It is my understanding that he did not recognize that I might have a conflict of interest that would preclude me from participating in the Board's discussion. Thus, it is my understanding that the proposed eligibility rules were adopted without any knowledge of how they impacted me. After the Town Manager advised the Board members that Labor Counsel had recommended the adoption of eligibility rules and provided them with a copy of the proposed eligibility rules, I immediately advised the Town Manager that 1 believed I had a financial interest that precluded me from participating in the adoption of any eligibility rules. 1 subsequently learned that four other members raised similar conflicts. Under the circumstances, it appears the Board will not have a sufficient number of members able to participate in this matter due to conflict of interest. It is also my understanding that, for the purposes of the conflict of interest law, the Board is required to act upon this matter and that we have received guidance from both Labor Counsel and the State Ethics Commission confirming this point. I also understand, again from Labor Counsel, that the relevant law does not allow us to leave this matter to any other Town office or board. As a last resort, I, therefore, believe the Board reeds to invoke the Rule of Necessity so it can address this issue. I would ask my fellow Board members who also have conflicts of interest to join in my request to invoke the Rule of Necessity. ===PAGE 4=== I will add that if the Board invokes the Rule of Necessity, I will set aside my personal financial interest and will participate in this matter action only upon what I believe to be in the best interest of the Town. I ask that the minutes reflect that I have disclosed my conflict and sought to invoke the Rule of Necessity as a last resort. I would like to note that I will also disclose these facts, in writing, to the Town Clerk and am providing a copy to be attached to the minutes of this meeting. " Ms. Bertram said that she would like to publically state for the record that due to a conflict as both a former employee of the Town and an elected official of the community she does not feel she can participate in this discussion impartially and recused herself from this matter. Mr. Matthews asked for a motion to go into Executive Session not to return citing MGL Chapter 30A, Section 21 (a) 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, and the Chair so declares. Mr. Alonzo moved to go into Executive Session. Mr. Sund seconded. On vote, motion carried to adjourn regular session, 4 in favor 1 recused (Bertram) Regular Session ended at 8:35PM UPCOMING MEETING SCHEDULE December 18, 2012 Respectfully Submitted, Susan Doherty, Recording Secretary Board of Selectmen ======================================================================================== DOCUMENT : 2012-12-18-agenda-4831.txt BOARD : select-board DATE : 2012-12-18 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2012-12-18-agenda-4831.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12182012-4831 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN December 18, 2012 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor AGENDA 7:00 PM PUBLIC COMMENT ANNOUNCEMENTS APPOINTMENTS CURRENT BUSINESS 1. Annual 2013 License Renewals 2. Review and/ or Execute Power Purchase Agreement and PILOT Agreement for Solar for Mass PV1 and/ or PILOT Agreement for EPG Solar 3. Minutes/ Warrants/ Action File Issues 4. Committee Report 5. Town Manager Reports or Department Reports APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS EXECUTIVE SESSION UPCOMING MEETING SCHEDULE January 8, 2013 January 15, 2013 January 22, 2012 ======================================================================================== DOCUMENT : 2012-12-18-minutes-4831.txt BOARD : select-board DATE : 2012-12-18 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2012-12-18-minutes-4831.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12182012-4831 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== • BOARD OF SELECTMEN MEETING MINUTES 12/18/12 a lo saud The Board of Selectmen met in the Joseph F. Bilotta meeting room at Town Hall Tom Alonzo, Steven M. deBettencourt, and Town Manager Kerry Speidel. Not present Paula Bertram & Carl (Ernie) Sund Regular Meeting opened at 7:00 PM 7:00PM PUBLIC COMMENT Mr. Alonzo spoke and said that in wake of the tragic events that happened last Friday in Connecticut he would like to say that his heart goes out to everyone who was affected in yet another senseless tragedy and loss of life. He went on to say that although things like this are tough to deal with he hopes something positive comes out of it such as possibly opening up dialogs with things such as reasonable gun control, funding of mental health services, and just the whole culture of violence that seems to surround many parts of the country as a whole. He believes that many other industrialized nations do not seem to have this problem and that it's not just a proliferation of guns but seems to stem from a larger cultural issue where everything we do seems to have violence. He hopes that if anything positive comes from this tragedy, it is that we can address these issues and "stem the tide" of them which seem to be happening much more frequently. Mr. Matthews reminded people that there is an opening on the Planning Board and that this is a fine opportunity for someone who wants to have a voice in the future of Lunenburg. ANNOUNCEMENTS - None APPOINTMENTS - None CURRENT BUSINESS 1. Annual 2013 License Renewals - Mr. Matthews thanked the Town Manager and Administrative Assistant Linda Douglas for making sure that all applicants were up to date on what their responsibilities were in order to apply for these licenses. Ms. Speidel stated that everyone who is on the list this evening is current on taxes and utility fees that are owed, their applications are complete, and fees are paid on the day that their license is picked up. Ms. Speidel presented the 2013 License Renewals as follows: COMMON VICTUALER, ALL ALCOHOLIC 12 allowed - 2 remaining $1,450.00 American Graffiti, Todd Jennison 113 Summer Street Asian Imperial Inc., d/b/a Asian Imperial 324 Electric Avenue Unit #3 RNDC Inc., d/b/a "RG Scooters", Rhonda Newman 84 Lakefront Street The Bootlegger, Allan S. Cosimi 50 Massachusetts Avenue Donnelly's Tavern Inc., John D. Donnelly 43 Summer Street Red Pepper Inc., d/b/a Ixtapa Cantina Mexican Family Rest. 308 Electric Avenue Se-Flynn Inc., d/b/a Sean Patrick's 494 Electric Avenue B&H Corporation, d/b/a Mickey Shea's 324 Electric Avenue Unit #4 Melendez Magana Inc., d/b/a DARIO's 308 Massachusetts Avenue Mr. Alonzo moved to approve the Common Victualer All Alcoholic licenses. Mr. deBettencourt seconded. On vote, motion carried, 3 in favor, 0 opposed. GENERAL ON PREMISE/ALL ALCOHOLIC Lakeview Club, 449 Corp., Edward Norton, Mgr. Mary L. Padula, d/b/a "The Harley House JK Waterfront, d/b/a "On the Rocks" $1,450.00 449 Whalom Road 909 Massachusetts Avenue RECEIVED & FILED 96 Lakefront Drive JAN 2 4 2013 LUNENBURG TOWN CLERK OFFICE ===PAGE 2=== Mir. Alonzo moved to approve the General on Premise/All Alcoholic Licenses. Mr. deBettencourt seconded. On vote, motion carried, 3 in favor, 0 opposed. COMMON VICTUALER, WINE & MALT S & K Restaurant, d/b/a Bangkok Hill Rest. 5 allowed - 4 remaining $700.00 177 Massachusetts Avenue Mr. Alonzo motioned to approve the Common Victualer, Wine & Malt License. Mr. deBettencourt seconded. On vote, motion carried, 3 in favor, 0 opposed. RETAIL PACKAGE STORE, ALL ALCOHOLIC 3 allowed - 0 remaining $1,450.00 Hannaford Food & Drug Angelo Bisol, Mgr. 301 Massachusetts Avenue Vasta Inc., Anastasia Halkiadakas, Mgr. 431-433 Massachusetts Avenue Elena's Gourmet Grocery, Elena Christopher Mgr. 1 Main Street Mr. Alonzo moved to approve the Retail Package Store, All Alcoholic licenses. Mr. deBettencourt seconded. On vote, motion carried, 3 in favor, 0 opposed. RETAIL PACKAGE STORE, WINE & MALT Baker's Whalom Variety; Carol & Henry Baker Khan Mohiuddin, d/b/a Hadwen Park Market Genghis, Inc., d/b/a Centre Pizza & Variety Central Mass Garden Center 5 allowed - 1 remaining 423 Electric Avenue 1 Main Street 1353 Massachusetts Avenue 321 Chase Road $700.00 Mr. Alonzo moved to approve the Retail Package Store, Wine & Malt licenses. Mr. deBettencourt seconded. On vote, motion carried, 3 in favor, 0 opposed COMMON VICTUALER (No License issued until Food Service Permit Issued) $25.00 RNDC Company d/b/a "RG Scooters", Rhonda Newman 84 Lakefront Street Donnelly's Tavern, Inc., John D. Donnelly Mgr. 43 Summer Street Lakeview Club, 449 Corp., Edward Norton Mgr. 449 Whalom Road Todd Jennison d/b/a American Graffiti 113 Summer Street Baker's Whalom Variety 423 Electric Avenue Stella's Coffee Shoppe 466 Electric Avenue Lunenburg Exxon, Paul O'Connell 453 Massachusetts Avenue The Lunch Box, Chang Ye Papadiki (109 Lincoln St. Fitchburg) 180 Massachusetts Avenue Victory Distributors d/b/a Hannaford Food & Drug 301 Massachusetts Avenue Lanni Orchards 294 Chase Road White Farm Ltd., d/b/a Cherry Hill Ice Cream 825 Leominster Road Bootlegger's, Allan Cosimi, Mgr. 50 Massachusetts Avenue J & D Enterprises, d/b/a "Shady Point Beach & Campground" 701 Reservoir Road Genghis Inc., d/b/a Centre Pizza & Variety 1353 Massachusetts Avenue Mary Padula, d/b/a "The Harley House" 909 Massachusetts Avenue Khan Mohiuddin, d/b/a Hadwen Park Market 1 Main Street Presto Pizza 429 Electric Avenue SeFlan Ltd, d/b/a Sean Patrick's 494 Electric Avenue Red Pepper Inc., d/b/a Ixtapa Cantina Lunenburg 308 Massachusetts Avenue Asian Imperial Garden, d/b/a Asian Imperial Garden 324 Electric Avenue Unit #3 JK Waterfront, d/b/a On the Rocks 96 Lakefront Street The Village Grill 1 Main Street B & H Corporation, d/b/a Mickey Shea's 324 Electric Avenue Unit #4 S & K Restaurant, d/b/a Bangkok Hill Restaurant 177 Massachusetts Avenue Melendez Magana Inc., d/b/a Dario's 308 Massachusetts Avenue The Ugly Omelet 165 Massachusetts Avenue Global Montello Group, d/b/a Mr. Mike's Lunenburg 131 Massachusetts Avenue Rick's Foods, d/b/a Harry's Roadside ' 60 Turkey Hill Road ===PAGE 3=== Mr. Alonzo moved to approve the Common Victualer Licenses. (No License issued until Food Service Permit issued) Mr. deBettencourt seconded. On vote motion carried, 3 in favor, 0 opposed. AUTOMATIC AMUSEMENT DEVICES (each machine) $35.00 American Graffiti, Todd Jennison (6) 113 Summer Street RNDC Inc., d/b/a "RG Scooters" (2) Donnelly's Tavern, John Donnelly, Mgr. (2) 84 Lakefront Street 43 Summer Street Lakeview Club, 449 Corp., Edward Norton, Mgr. 5) 449 Whalom Road Baker's Whalom Variety, Carol & Henry Baker (3) 423 Whalom Road JK Waterfront, d/b/a On the Rocks (3) 96 Lakefront Street Whalom Gas (1) 1 Whalom Road B & H Corporation, d/b/a Mickey Shea's Video & CD Rentals (5) 324 Electric Avenue Unit #4 (1) 5 Summer Street Unit #1 Mr. Alonzo moved to approve the Automatic Amusement Devices Licenses. Mr. deBettencourt seconded. On vote, motion carried, 3 in favor, 0 opposed. WEEKDAY ENTERTAINMENT LICENSE Donnelly's Tavern, Inc., John D. Donnelly, Migr. Black Horse II, Inc., "RG Scooters", Rhonda Newman Todd Jennison d/b/a American Graffiti B & H Corporation, d/b/a Mickey Shea's $100.00 43 Summer Street 84 Lakefront Street 113 Summer Street 324 Electric Avenue Unit #4 Mr. Alonzo moved to approve the Weekday Entertainment Licenses. Mr. deBettencourt seconded. On vote, motion carried, 3 in favor, O opposed. CLASS 1 MOTOR VEHICLE LICENSE $100.00 Chapdelaine Truck Center, Inc. M. Chapdelaine, Pres. 199 Massachusetts Avenue Colonial Imports West Inc., d/b/a North End Mazda 747 Chase Road Colonial Imports West Inc., d/b/a North End Subaru 757 Chase Road Joe Smalley Auto Sales, Inc., d/b/a Daewoo North 30 Summer Street Central Mass Motorcycle Ltd. 19 Massachusetts Avenue Mr. Alonzo moved to approve the Class I Motor Vehicle Licenses. Mr. deBettencourt seconded. On vote, motion carried, 3 in favor, 0 opposed. CLASS 2 MOTOR VEHICLE LICENSE $100.00 Ralf Traugott d/b/a Mass. Ave. Motors 381 Massachusetts Avenue Roland L. Trainque, d/b/a Roland's Towing 408 Electric Avenue Baker Enterprises d/b/a The Auto Barn 53 Chase Road Henry & Carol Baker d/b/a Baker Towing 421 Electric Avenue Robert C. & Michael R. Lovewell, d/b/a RC Motors 9 Kirby Avenue Colonial Imports Inc. (Mail renewal form to 757 Chase Rd.) 44 Chase Road Peter M. Kelly, d/b/a PMK Motor Sales 36 Summer Street John V. Goguen, d/b/a J.G. Service 346 Electric Avenue Affinity Inc., d/b/a Affinity Auto Sales 1312 Massachusetts Avenue Brian R. Pomerleau, d/b/a P & S Truck & Parts Inc. 571 Chase Road Double Down Sales Inc., d/b/a Import Domestic Auto Sales 40 Summer Street Mr. Alonzo moved to approve the Class 2 Motor Vehicle Licenses. Mr. deBettencourt seconded. On vote, motion carried, 3 in favor, 0 opposed. CLASS 3 MOTOR VEHICLE LICENSE $100.00 Michael R. Chapdelaine d/b/a Chapdelaine Auto Salvage 199 Massachusetts Avenue Pomerleau, d/b/a P & S Truck & Parts Inc. 571 Chase Road Central Mass Motorcycles Ltd. 19 Massachusetts Avenue ===PAGE 4=== Mr vAle, no one ro approve thor, lopolotor Vehicle Licenses, Mr deBetencourt seconded LIMOUSINE LICENSE $100.00 First Choice Limousine & Transportation Service 555 Chase Road Mr. Alonzo moved to approve the Limousine License. Mr. deBettencourt seconded. On vote, motion carried, 3 in favor, 0 opposed. PEDLAR'S LICENSE Rick's Food, d/b/a Harry's Roadside 60 Turkey Hill Road $20.00 ...... Mr. Alonzo moved to approve the Pedlar's License. Mr. deBettencourt seconded. On vote, motion carried, 3 in favor, 0 opposed. : 2. Review and/ or Execute Power Purchase Agreement and PILOT Agreement for Solar and Mass PV1 and/ or PILOT Agreement for EPG Solar - Not Discussed 3. Review Policies & Procedures- CORI Policy - Not Discussed 4. Minutes/Warrants/Action File Issues Minutes: 12/11/12 Executive Session Warrants: 12/17/12 12/18/12 12/19/12 W# 13P13 W# 34-13 W#35-13 $737,282.14 $129,298.19 $703,155.95 Action File Issues: None 5. Committee Reports - None 6. Town Manager Reports or Department Reports - Ms. Speidel suggested that the BOS make a decision at their first neeting in January whether or not to move forward with the Borrego project. Borrego is waiting on one last piece o information from Unitil which was due last Tuesday but was not received. This has been an ongoing problem and th Town Attorney had contacted Borrego who said they would not be opposed if the Town chose not to move forward with the project. Ms. Speidel stated that she was hesitant to suggest this to the BOS because Borrego has shown due diligence on this project but it appears that this is not the best location for this project based on all of the upgrades that would need to be made to that system. Until the Borrego project is settled, the Mass PV1 negotiations cannot be finalized: Mr. Matthews stated that the BOS really wanted this project to go forward but due to the high cost of interconnect, it looks like this will not be moving forward. Ms. Speidel stated that January will be a busy month for the BOS. A work session meeting will need to be scheduled with the Finance Committee, School Committee, and the Public Employee Health Insurance negotiating group to discuss Health Insurance changes which would be beneficial to the Town and to the employees. Ms. Speidel is working on setting up a workshop with the APR Program (Agricultural Preservation Restriction). Ms. Speidel will be presenting the 5 Year Forecast which will also need to be discussed in January. Ms. Speidel mentioned that she had emailed the BOS a copy of this years Capital Improvement Plan requests and said that there is a complete copy of the requests in the office for the BOS to review or copies will be made available to them. ===PAGE 5=== Mr. Matthews mentioned that the CORI Policies & Procedures were discussed at the last meeting and need to be moved on quickly. He also said that the unlit flags at Veterans Memorial Park and Upper Town Common were also a topic at that meeting and this needs to be taken care of also. Mr. deBettencourt questioned whether or not the new Regional Dispatch will need to submit a request to the Capital Planning Committee for new/updated GPS devices in police cruisers. Ms. Speidel replied that it is not being proposed right now but that it had been discussed in the past. Any dispatch, monitoring or software equipment that needs to be obtained for the facility will be purchased by the Regional Dispatch District. Mr. deBettencourt would like to see the new design and specifications regarding the Townsend Harbor Road and Mulpus Road intersection. He would also like know how the traffic count numbers were generated because he thinks that the numbers are high. Mr. deBettencourt believes that installing stop signs will slow down traffic so much as to cause a problem with traffic jams in that area. Ms. Speidel said that the BOS will have review again and will have the final say before anything is done with this plan. Mr. deBettencourt mentioned that he had received a phone call from a person who has concerns about the Yield sign at the rotary in Whalom. The caller said that the Yield sign had been moved back approximately 100° which is causing a traffic hazard at that spot. Ms. Speidel will investigate this matter. OLD BUSINESS - None APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS - None PUBLIC COMMENT - None EXECUTIVE SESSION - None The BOS wished everyone Happy Holidays. Being no further business, Mr. deBettencourt moved to adjourn the meeting. Mr. Alonzo seconded. On vote motion carried, 3 in favor, 0 opposed. Meeting ended at 7:47PM. UPCOMING MEETING SCHEDULE January 8, 2013 January 15, 2013 January 22, 2013 Respectfully Submitted, Susan Doherty, Recording Secretary Board of Selectmen