# select-board — 15 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 : 2013-07-09-minutes-4850.txt BOARD : select-board DATE : 2013-07-09 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-07-09-minutes-4850.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07092013-4850 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MEETING MINUTES 7/9/13 The Board of Selectmen met in the Joseph F. Bilotta meeting room at Town Hal as scheduled with Tom Alonzo, Paula Bertram, David Matthews, Robert Ebersole, Jamíe Toale and Town Manager Kerry Speidel. Regular Meeting opened at 7:00 PM 7:00PM PUBLIC COMMENT Mr. Matthews thanked the Turkey Hill Garden Club for the great job they have done with the upper Town Common. Mr. Alonzo thanked the Town Band for the wonderful concert they put on at the Gazebo and reminded all that they will be performing there every Monday at 7 p.m. until August 35° Mr. Alonzo announced that the Town Beach is now open Monday - Friday from 10 a.m. - 7 p.m. and on Saturday & Sunday from 12Noon - 6 p.m. Seasonal pass information is available on the Town website. APPOINTMENTS 7:00 p.m. Request for Common Victualler's License, Tarrnum Williams d/b/a Kabob-E-Licious, 165 Mass Ave: The applicant from Kabob-E-Licious was not present this evening. Mr. Alonzo stated that he would like the applicant to be present to speak to this license before it is approved. Request tabled until 7/16/13 BOS meeting. 7:15 p.m. Green Communities Task Force Update: Dave Blatt, Chair of the Green Communities Task Force came before the BOS to speak on the activities of this committee. He reported that the Town had voted at Town meeting to look to adopt the Stretch Code but the new Building Code, which will be coming soon, may change everything. Mr. Blatt went on to say that the committee feels they have accomplished everything that the original Charter had asked for and is looking for guidance from the BOS as to what direction they should go next or perhaps if they should change the name to something such as an Energy Task Force. He also mentioned that they have lost members from their committee and are currently looking for people with qualified experience to fill the vacancies. Mr. Alonzo spoke to say that he would like the committee to stay together until Lunenburg becomes a Green Community. Once the Town becomes a Green Community there will be grants coming forward and this committee will be needed to decide what should be applied for and how it should be spent. Mir. Ebersole suggested that they look towards other Green Communities charters from across the State to see if they can adopt a similar charter. He also feels that there is a lot more work that the committee will need to do in the future with other projects. Mr. Matthews spoke to say that with all the buildings in Town, their expertise will be needed in finding ways to conserve energy and that their input would be needed with the Finance Committee to find solutions. The BOS thanked Mr. Blatt for coming forward this evening. CURRENT BUSINESS 1. Request for Boot Drive, Lunenburg Field Hockey, July 13, 2013: Marybeth Holtz and Tina Spadafore representing the Lunenburg Field Hockey Team spoke to the BOS concerning the need to raise money for new ===PAGE 2=== uniforms and would like to hold a Boot Drive in the center of Lunenburg on July 27, 2013. They understand that there are requirements from the Police Dept. concerning safety and are willing to comply with them. Members of the BOS recommended that anyone in the street should be over the age of 18 and that players be sign holders on the side for this event. Mr. Toale recommended to the Chair that the BOS should develop a policy with guidelines to be followed for any other future requests such as this. Mr. Ebersole moved to approve the request for the Boot Drive for the Lunenburg Field Hockey team on July 27, 2013 from 9 a.m. - 1 p.m. in the center of Town. Mr. Toale seconded. On vote, motion carried, 5 in favor, 0 opposed. 2. Approve PPA and/ or PILOT Agreement with NuGen (formerly Mass PV1 project): Ms. Speidel said that she had received the final PPA this afternoon at 2 p.m. and decided not to send it to the BOS for review due to the short time frame before this evenings meeting. She mentioned that Town Counsel had previously recommended that the BOS should have the IMA signed before a PPA is signed Item tabled until 7/16/13 BOS meeting. 3. Approve revised PPA and/or PILOT Agreement with EPG Solar: Ms. Speidel explained that EPG has a new investor and they are still working on the PPA. The Bankruptcy Court cannot approve a lease on the property until the PPA is signed. The developer will not sign the PILOT until the lease is approved Item tabled until 7/16/13 BOS meeting. 4. Approve Amendment to Household Hazardous Waste IMA to include membership for Town of Ashby: Ms. Speidel gave a brief history about the Devens Household Waste program and said that the Town of Ashby is seeking membership into this cooperative. All communities paid a one-time capital assessment to join, in addition to the annual operating assessment. Lunenburg pays an annual assessment of $5,354 which is based upon a formula which takes into account both Equalized Property Valuation (50%) and Population (50%). Ashby will be required to pay both a capital and operating assessment, based upon the same formula. All of the member communities must agree to allow another one in, and this is a formal request to allow the Town of Ashby to participate in the program. Mr. Alonzo questioned if by accepting them, would it lower what everyone else will be paying? Ms. Speidel replied that it will lower the annual assessment but she does not know by how much and does not believe that it will be that significant. Mr. Matthews moved to approve the amendment to the Household Hazardous Waste IMA to include membership for the Town of Ashby. Ms. Bertram seconded. On vote, motion carried, 5 in favor, 0 opposed. 5. Approve Disclosure, Determination and Consent Pursuant to MA Rules of Professional Conduct for dual representation related to IMA for Resale of Net Metering Credits to Town of Townsend: Ms. Speidel asked the BOS to approve the Disclosure, Determination and Consent so that Town Counsel can work on the IMA with the Town of Townsend for resale of Net Metering Credits. Mr. Toale asked if we are looking at a certain number of credits for our own needs plus whatever is developed as part of the IMA with another Town, are we considering either NuGen or EPG or both companies? Mir. Alonzo replied both. He went on to explain that because the Unitil territory is so small, very few projects would be needed to meet their cap, and if it happened in Lunenburg we wanted to take advantage of the entire cap. The generation that would come from both of these facilities together would exceed what we would be able to use. We could bank them, but we would have to pay for them. Ms. Speidel added that the Town of Lunenburg's usage is about 2M kw per year and Townsend is about 1M kw per year, which makes it a good fit because it will use 100% of the energy that is produced. The projects may produce more than this in their lives and we may want to partner with another entity as well. The Town of Ashby has also indicated that they also may be interested ===PAGE 3=== Ms. Bertram cautioned that if we are considering another entity to absorb any overage, there are only two opportunities that we will have to be able to add anyone else to resell to, and to keep this in mind as we move forward. Ms. Bertram moved to approve Disclosure, Determination and Consent pursuant to MA Rules of Professional Conduct for dual representation related to IMA for the resale of net metering credits to the Town of Townsend. Mr. Matthews seconded. On vote, motion carried, 5 in favor, 0 opposed 6. Minutes/Warrants/Action File Issues Minutes: 6/18/13 Warrants: 6/26/13 6/25/13 6/28/13 6/27/13 7/1/13 7/3/13 7/1/13 70-13 69-13 1WP-13 71-13 1-14 2-14 1P-14 $75,037.59 $405,352.24 $32,462.59 $433,580.72 $732,393.97 $120,809.16 $549,335.54 Action File Issues: Mr. Ebersole reminded the BOS that they need to revisit the appointment of election officials along with communicating with all of the political parties in Town concerning this matter. If the political parties do not respond, then it will be up to the Town Clerk to make sure that the appointments are balanced in regards to political affiliation. Ms. Speidel replied that she is planning to do this at the next BOS meeting because by law, it cannot be done until after July 15' Ms. Bertram requested that a meeting be scheduled concerning policies in the near future. Mr. Ebersole requested that all meetings be posted online for convenience, as well as outside on the bulletin board. Mr. Alonzo mentioned that he had received numerous inquiries about painting a crosswalk at the rotary by Emerald Place in Whalom. Ms. Speidel replied that this item has to do with engineering plans and that the Planning Board should report Mr. Alonzo agrees but said that this is clearly a safety problem and should be addressed Ms. Bertram stated that she would like to also see the DPW Director get involved and that this must be done ASAP. o Seiders, fio ded that be a faity fole. There are sal engineering deans wig was not been done. but that doesn't mean it can't be done. Mr. Ebersole added that there are usually different standards for crosswalks on streets vs. rotaries and you may have to put them on all of the intersections where streets enter the rotary. There are different solutions but you must make sure you are doing it correctly from the start. He questioned if this rotary was built as part of Emerald Place? Ms. Speidel replied yes. 7. Committee Report: Board of Health; Capital Planning Committee; Finance Committee; Library Board of Trustees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission; MA Broadband: Board of Health - Mr. Ebersole stated that there are no new topics. Capital Planning Committee - Mr. Toale reported that this committee will be meeting tomorrow morning and that they have completed the procedures for the upcoming year and are finalizing and sending out the calendar. ===PAGE 4=== Finance Committee - Mr. Toale stated that there has not been a meeting since his last report and the next one will be Thursday where they will welcome 2 new members. Library Board of Trustees- Mr. Ebersole reported that the library has a lot of summer programs and to check the website or Lunenburg Ledger for schedules. MPO-Ms. Bertram reported that the next meeting will be on Wednesday. Planning Board- Ms. Bertram reported that a number of issues were discussed at last night's meeting including an extension for High Field Village, Emerald Place units becoming owned vs. leased, and Tri Town concerning finances for new construction along with the 40S application that is being applied for with the State at Tri Town and whether or not Lunenburg is eligible. She asked for input from Ms. Speidel on the 40S process. Ms. Speidel replied we were eligible to apply in FY13. Eligibility is based on the date when the Certificate of Occupancies were issued. We are in the process of filing, the State has acknowledged that, and will accept it. What we will receive in 40S payments has to do with being able to demonstrate that we are providing education to students at Tri Town, and that we've increased our costs of education. This is a lengthy process, and essentially at the same time we will be applying for FY14. Ms. Bertram continued her Planning Board report with the Asian Imperial parking problem, Marijuana Clinics and what other communities are doing concerning this, installation of a fence at Tri Town, charging fees for extensions and Aro estates has filed with the Conservation Commission and the hearing is on July 17th. Also discussed was the issue of the ability to view plans prior to meetings and the Planning Board would like the input from the Town Manager, IT, and the BOS as to whether or not this should be made into a policy or if a drop box in a central location should be used. The next meeting of the Planning Board will be on July 22nd where MRPC will be in attendance. Also discussed was the ability of the Planning Board to distribute confidential emails relative to legal issues via email and Ms. Bertram asked for clarification on this. Ms. Speidel replied that she was not aware that you can't do that. Ms. Bertram requested that the fence issue at Tri Town be discussed/reviewed again at a future BOS meeting. PACC- Mir. Ebersole was unable to attend the meeting but did receive information from them on how they conduct programming etc. School Committee- Mr. Matthews reported that the committee had made some budget adjustments to close out the year, a new Special Services Director has been hired, the Primary School Music program will be reinstated, and they are returning to the Title of Vice-Principal rather than Dean of Students at the Middle School. School Building Committee- Mr. Matthews reported that they have not met but there are interviews coming up with the four finalists for Construction Managers at Risk. Mr. Ebersole questioned if we don't build a school or renovate will our accreditation be at risk? Mr. Matthews replied yes, that's part of the discussion. Sewer Commission- Mr. Ebersole reported that the approved project on Lancaster Ave is in progress, they are in the process of reviewing their RFP process for maintenance of the system, and High Field Village continues to be on their agenda which interplays with the IMA with Fitchburg concerning added capacity. Also discussed was 321 Whalom Rd. where the Sewer Dept. was asked by Zoning to forgive betterment fees for exchange of improvement of roads within the system and whether or not this would be affected by the addition of additional units. Mr. Ebersole also mentioned that the City of Fitchburg is currently reviewing the IMA and should have feedback from them fairly soon to present to the BOS. MA Broadband- Mr. Alonzo reported that he had received an update from MA Broadband indicating the Governor's Administration is proposing an addition of $40M in the IT Bond Fund and that there is increased ===PAGE 5=== interest in the "Last Mile" plan. A meeting will be scheduled in the next few weeks with Lunenburg's IT Director and MA Broadband to finalize all plans. Mr. Toale recommended to the Chair that the addition of the Building Re-use Committee be added to the Committee reports on the BOS Agenda and mentioned that their first meeting will be on July 15". 5. Town Manager Reports or Department Reports: Ms. Speidel reported that we are in the process of closing out FY13 and it appears that there may be a couple of budget adjustments that will need to be made to cover things that have happened since Town Meeting. She also mentioned that the year is ending much better than she had expected and there is money available now for codification of the By Laws. One bid has been received in the amount of $16,000. which is higher than what she had hoped. More details will follow on how the process will proceed. A lighting upgrade is being done at the Public Safety Building which cost $22,000. and Unitil will be paying 50% of that cost. The lighting is going from T12 - T8 which should save about 50% in usage with the payback being seen in approximately 3.5 years. John Londa is investigating a gas line extension to the Public Safety Building which could provide potential cost savings to the Town. The Legislature has approved the FY14 budget and it is now awaiting the Governor's approval. The net result for the Town of Lunenburg was additional revenue of an amount just under $50,000. Chapter 70 revenue increased by approximately $95,000 and Ms. Speidel feels that this is something that may need to be reconciled due to other cost increases. Nothing can be done with Chapter 70 funds until it is appropriated at Special Town Meeting A new pavement application has been implemented on four different roads in Lunenburg. Each location cost approximately $6,000. to repair. Mulpus Rd. will be the next on the list for this application as soon as funds become available. Mis. Bertram requested an update on the DPW's Pavement Plan. She stated that MassDOT informed her that Chase Rd. would be considered a "Book Job" which would mean that it would not have to go through the engineering process. The TIP has already been finalized and the earliest that it could be revisited would be next year. Ms. Speidel reported that the Regional Dispatch Center was opened on June 18* and Lunenburg was the first community to go over. Aside from a few "glitches" the opening/transition went very smoothly. Ms. Speidel would like to invite the Director or the RDC along with the Lunenburg Police and Fire Chiefs to a future BOS meeting to talk about the new facility. Ms. Speidel stated that this is something that the community should be proud of, we are a leader in the State of Massachusetts in terms of Regional Dispatch, and we should take the opportunity to celebrate our success. APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS 1. Resignation: Ernie Sund from Green Communities Task Force & Memorial Day Committee - Mr. Alonzo read a resignation letter submitted by Ernie Sund. Mr. Sund will be moving out of state and will be leaving the Green Communities Task Force & Memorial Day Committee. Mr. Alonzo said that they accept Mr. Sund's resignation with regret and requested that a letter be sent to Mr. Sund thanking him for his many years of service to the Town. PUBLIC COMMENT Mr. Alonzo announced the Farmer's Market has been moved from Mondays to Sundays at the Ritter Building from 10 a.m. to 1 p.m. He encouraged the public to come out and support the local farmers. EXECUTIVE SESSION Mir. Alonzo stated that the BOS would be going into Executive, not to return to open session, to discuss the Police Union Contract citing M.G.L. Chapter 30A, Section 21A(9), to discuss strategy with respect to collective ===PAGE 6=== 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. Matthews moved to enter into Executive Session. Ms. Bertram seconded. On vote, motion carried, 5 in favor, O opposed. UPCOMING MEETING SCHEDULE July 16, 2013 July 23. 2013 Respectfully Submitted, Susan Doherty, Recording Secretary Board of Selectmen ======================================================================================== DOCUMENT : 2013-07-16-agenda-4851.txt BOARD : select-board DATE : 2013-07-16 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-07-16-agenda-4851.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07162013-4851 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN July 16, 2013 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor AGENDA 7:00 PM PUBLIC COMMENT ANNOUNCEMENTS APPOINTMENTS 7:00 p.m. Request to Approve Change of Manager & O ne Day Extension of Premises License for Lakeview Club, 449 Whalom Road 7:05 p.m. Request for Common Victualler’s License, Tarrnum Williams d/b/a Kabob-E-Licious, 165 Mass Avenue 7:10 p.m. Request to Approve One Day Liquor License for Conrad’s Drive-In, Inc., 835 Massachusetts Ave 7:15 p.m. Request to Approve Class 2 License, Custom Auto Sales & Storage, 39 Massachusetts Avenue CURRENT BUSINESS 1. Approve IMA with Town of Townsend for Resale of Net Metering Credits 2. Approve PPA and/ or PILOT Agreement with NuGen ( formerly Mass PV1 project) 3. Approve revised PPA and/ or PILOT Agreement with EPG Solar 4. Board of Selectmen Policies & Procedures- set wo rk shop date 5. Minutes/ Warrants/ Action File Issues 6. Committee Report: Building Reuse Committee; Boa rd of Health; Capital Planning Committee; Finance Committee; Library Board of Trus tees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission; MA Broadband 7. Town Manager Reports or Department Reports APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS EXECUTIVE SESSION 1. Registrar of Voters UPCOMING MEETING SCHEDULE July 23, 2013 ======================================================================================== DOCUMENT : 2013-07-16-minutes-4851.txt BOARD : select-board DATE : 2013-07-16 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-07-16-minutes-4851.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07162013-4851 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MEETING MINUTES 7/16/13 The Board of Selectmen met in the Joseph F. Bilotta meetine Alonzo, David Matthews, Robert Ebersole, Jamie Toale and Town Manager Kerry Speidel. Absent: Paula Bertram Regular Meeting opened at 7:00 PM 7:00PM PUBLIC COMMENT Mr. Alonzo reminded all of the band concerts being held at the lower common gazebo on Monday evenings. APPOINTMENTS 7:00 p.m. Request to Approve Change of Manager & One Day Extension of Premises License for Lakeview Club, 449 Whalom Rd: Danielle Bettencourt, representing the Lakeview Club came before the BOS to request a manager change and a one day extension of premises license for the club. Ms. Bettencourt explained that this business is owned by her family. The former manager, her father, had passed away and they would like for Ms. Bettencourt to be named the new manager on the license. She also explained the reason for the one day license was for a Motorcycle Run fundraiser, in her father's name, to be held on August 24# to raise funds for the American Diabetes Association. The extra outdoor space is needed for a BBQ and so that participants can partake in their beverages outdoors. Mr. Toale moved to approve the change of Manager at the Lakeview Club, 449 Whalom Rd. Mr. Ebersole seconded. On vote, motion carried, 4 in favor, 0 opposed. Discussion continued on the One Day Extension request. Ms. Speidel stated that the application has been reviewed by both the Building Inspector and the Police Chief. The Building Inspector has no issues with the application but the Police Chief would like to have detail officers in attendance. Ms. Speidel asked that if this approved, that the applicant be in touch with the Police Chief about the detail. Ms. Bettencourt agreed. Mr. Matthews asked who would be serving the alcohol to the participants and if everyone was TIPS certified. Ms. Bettencourt replied, her daughter, niece, herself, mother, brother, nephew, & boyfriend. She stated that all are TIPS certified Mr. Alonzo asked if the area was fenced in and if people knew that they need to stay within that area. Ms. Bettencourt replied yes. Mr. Matthews moved to approve the One Day Extension of Premises License for Lakeview Club, 449 Whaom Ra on August 24, 2013, from 9 a.m. - 9 p.m. Mr. Toale seconded. On vote, motion carried, 4 in favor, 0 opposed. healthier food alternative. The hours of operation will be from 8 a.m. - 10 p.m., Sunday - Saturday. Ms. Williams has extensive experience in the food/hospitality industry and the family owns other restaurants in Maine and New York. Mr. Ebersole asked if Ms. Williams has contacted the Sewer & Building Departments. IECEIVE UL 25270 By fund -9/25/0013 ===PAGE 2=== Ms. Williams replied yes and they told her to go through the process of plumbing & electrical inspections which are currently being done. Ms. Speidel stated that the business cannot be opened without a Certificate of Occupancy issued by the Building Inspector and if the BOS approves this license it would be dependent upon the Food Service Permit Ms. Williams stated that she has been in contact with the BOH and they have an appointment with them this Friday. The target date for opening is July 20, 2013. Mir. Ebersole moved to approve the request for the Common Victualler's License, contingent upon the approval of the Food Service License for Tarrnum Williams d/b/a Kabob-E-Licious, 165 Mass Avenue. Mr. Matthews seconded. On vote, motion carried, 4 in favor, 0 opposed. 7:10 p.m. Request to Approve One Day Liquor License for Conrad's Drive-In, Inc., 835 Massachusetts Ave: David H. Leet, 835 Mass Ave, representing Conrad's Drive-In came before the BOS to request a One Day Beer & Wine License for a Classic Car Show being held on August 2, 2013, from 3-9 p.m.. He stated that 20% of the profits from the beer sales will be given to the Lunenburg Boys & Girls Club. Ms. Speidel stated that both the Building Inspector and Police Chief had reviewed this application and had no Mr. Ebersole moved to approve a One Day Liquor License for Conrad's Drive-In, Inc. 835 Massachusetts Avenue on August 2, 2013 from 3-9 p.m. Mr. Toale seconded. On vote, motion carried, 4 in favor, 0 opposed. 7:15 p.m. Request to Approve Class 2 License, Custom Auto Sales & Storage, 39 Massachusetts Avenue: Mr. Alonzo opened the Public Hearing concerning the request to approve a Class 2 License for Custom Auto Sales & Storage located at 39 Massachusetts Avenue reading and into record the Notice of Public Hearing. Rocco Lastella, 146 Elmwood Rd. came before the BOS to request approval for Class 2 License for Custom Auto Sales & Storage. Mr. Lastella gave a brief history of his years living in Lunenburg and said that he has purchased this property to restore and sell collectible cars. Ms. Speidel stated that the application is complete but they are still waiting for the CORI to come back. The license cannot be issued until the CORI is completed. If the BOS approves this license the applicant will need to provide a $25,000 bond. The applicant did receive a Special Permit from the Zoning Board of Appeals and it is restricted to the sale of 10 motor vehicles. Mr. Matthews noted that the ZBA process was extensive and complete and that the neighbors all had good reviews for the applicant. He went on to say that he was glad to see the property being maintained. Mr. Alonzo asked if there were any abutters present to speak to this request and there were none. Mr. Matthews moved to approve the request of the Class 2 License for Custom Auto Sales & Storage, 39 Massachusetts Avenue, pending the receipt of the CORI check. Mr. Toale seconded. On vote, motion carried, 4 in favor, 0 opposed. CURRENT BUSINESS Attorney Holland from Kopelman & Paige came before the BOS to report on the PPA's with NuGen and EPG Solar along with the IMA with the Town of Townsend. Attorney Holland stated that the PPA with Nugen has been negotiated and is available for the board's consideration and EPG's PPA was signed by the BOS a while back. He went on to say that under the current caps it is unlikely that both of these facilities will be constructed to their full capacity, however to the extent that pending projects do not get constructed or the caps are raised, it could be possible that both projects are built to their proposed capacity. He feels that the BOS should assume that this possibility may in fact occur. Taking the conservative view, on both agreements, the Town could be potentially purchasing well over 4M Wh per year worth of Net Metering credits. ===PAGE 3=== 1. Approve IMA with Town of Townsend for Resale of Net Metering Credits: Attorney Holland explained the process of selling Net Metering Credits to the BOS. Mr. Alonzo questioned why language was incorporated that only credits from NuGen could be sold to other communities. Attorney Holland replied that it was his understanding that this is what the BOS wanted. He recommended that Ms. Speidel contact Andy Sheehan from Townsend to work out the terms in the IMA. This item remains a work in progress. 2. Approve PPA and/ or PILOT Agreement with NuGen (formerly Mass PV1 project): Attorney Holland informed the BOS that he has negotiated a PPA with NuGen and explained the document to them. He said that this is a typical PPA, similar to EPG's PPA, with the exception of the pricing structure and capacity of the facility. (see attached) Mr. Matthews questioned the pricing structure and if there was a shift in the market that is driving this. Attorney Holland replied that prices have gone up and that the marketing for Net Metering credits has changed which is a major factor that drives the changes in the PPA's. Mr. Matthews questioned if NuGen is still leasing the property. Attorney Holland replied that it was his understanding that they have an option to purchase the property, but they will not exercise that until they have a PPA. The timeline on the NuGen agreement has a commercial operation date of about 1.5 years with the possibility of longer, if there is an event beyond their control. Provisions were included that they have to meet their construction timeline in order for them to be included in the current SREC program. NuGen is optimistic that they can meet the timelines. Attorney Holland reminded the BOS that once these documents are signed you are bound to them. Mr. Ebersole moved to approve the PPA with NuGen Capital Management, LLC as presented. Mr. Matthews seconded. On vote, motion carried, 4 in favor, 0 opposed. 3. Approve revised PPA and/or PILOT Agreement with EPG Solar: Attorney Holland explained that EPG had requested some amendments to the PPA and reviewed each change with the board. (see attached) Mir. Matthews moved to approve the amendments to the PPA with EPG Solar as presented. Mr. Ebersole seconded. On vote, motion carried, 4 in favor, 0 opposed. Mr. Holland explained that the EPG has held off on their PILOT agreement due to the bankruptcy proceeding but they are now interested in starting the process again. NuGen has negotiated the language in their PILOT and it is pretty much ready to go. Regarding both agreements we are waiting on information from Lunenburg's Assessor concerning the real estate portion of the agreement. The BOS reminded all that PILOT stands for "Payment In Lieu of Taxes" which means instead of receiving a "regular" tax bill they will receive a "negotiated" one that will fix the payments over a period of 20 years, on a fair tax value. PILOT agreements are not tax breaks. The amount that was approved at Town Meeting was approximately $18,800. 4. Board of Selectmen Policies & Procedures - set work shop date: BOS Policies & Procedures will be placed on the July 23d agenda and they will also hold a Workshop to discuss these items on July 2gth 5. Minutes/Warrants/Action File Issues Minutes: 7/9/13 Warrants: 6/30/13 7/16/13 7/17/13 7/18/13 2W-P13 3-14 4-14 W32P-14 $236,805.80 $792,768.14 $508,340.10 $502,615.62 Action File Issues: Mr. Matthews questioned the status of the fence issue at Tri Town. ===PAGE 4=== Ms. Speidel reported that a complaint had been made to the Planning Director concerning the placement of a fence on the back side of Tri Town. This project was approved in either 2006 or 2007 and one of the requirements placed on the approval was to maintain a fire access at the rear of the property. After several meetings with the BOS & the Planning Board it was determined that it would make more sense to have the access road on Town property. The Developer requested an easement over the Town property for that, and it was then determined that a licensed agreement would make more sense because an easement could be revoked at any time. The fence that was placed was part of the approval of the Planning Board, and was on the approved plan for the project, but the fence is not specifically mentioned in the license agreement. The BOS did not approve the fence, but the fence was on the Planning Board approval. Ms. Speidel thinks that the developer combined the two and made an assumption. This is not the same developer that went through this approval because the project had been sold. The current developer has stated that he will move the fence if this is an issue. Mr. Ebersole questioned if the fence was on the area that the fire access was. Ms. Speidel replied yes and that they will have the Engineer review the plans again. Mr. Alonzo suggested that Town Counsel add the fence into the licensing agreement. 1. Committee Report: Building Reuse Committee; Board of Health; Capital Planning Committee; inance Committee; Library Board of Trustees; MPO; Planning Board; PACC; School Committee chool Building Committee: Sewer Commission: MA Broadband Building Reuse Committee - Mr. Toale reported that the committee met last night, and will be meeting on the 1s' & 3° Mondays of each month. Officers for this committee are Chairman - Jamie Toale, Vice Chair - Pat Slattery, & Clerk - Damon McQuaid. Board of Health - No Report Capital Planning Committee - Mr. Toale reported that Capital Planning has finalized their package and will be sending this out to Department Heads in September. Finance Committee - Mr. Alonzo reported that the Finance Committee had reorganized their board and welcomed two new members. Library Board of Trustees- No Report MPO- No Report Planning Board- No Report PACC- Mr. Ebersole reported that they are in process of their End of the Year Progress Report. They are looking at upgrading equipment at Town Hall, and they have Interns working on summer projects. The Comcast Contract will be up 2017 and Mr. Ebersole suggested the BOS start thinking of what they would like to do with that. He asked Mr. Alonzo if the Broadband would have any interaction with the Cable broadcast. Mr. Alonzo replied that they would not. School Committee- No Report School Building Committee- Mr. Matthews reported that they will be interviewing tomorrow with the finalists for the Construction Manager at Risk at Town Hall. Sewer Commission- Mr. Ebersole reported that the Sewer Commission will be meeting next week. MA Broadband- No Report ===PAGE 5=== 5. Town Manager Reports or Department Reports: Ms. Speidel mentioned that Jones House is coming along quite nicely. She said that this is a good example of the Town's surplus property and that the property has become an asset to the community. Ms. Speidel has signed an agreement with a Licensed Site Professional concerning the Parks Building on West St. They will be doing a Phase 1 Environmental on the property which will help the BOS to market the property. The cost to do the report will be $3000 and should be ready in approximately 1 month. Ms. Speidel had the LSP look at the Mass Ave gas station also and he put together a proposal which is a little more costiy. She stated that we need to look at it again because we don't own that property. The property owner has moved and they are not sure where he has gone. Ms. Speidel said that they are ready to take this property to Land Court and foreclose on the Tax Title but would like to meet with DEP before they move forward. Fiscal 2013 is being closed out and Ms. Speidel expects to have a complete report on Revenues and Expenditures for the BOS at next week's meeting. There are also a couple of transfers that she will be asking the BOS and Finance Committee to approve. Ms. Speidel was advised by Unitil that they have filed a rate case and she will put together a detailed report on what they filed for the BOS. All of the changes that they are looking for will result in a 50 cent per month increase to residential customers. The rate case process is very lengthy and the Town can follow the process by formally filing as an Intervener or the Town can follow on their own. This will be an agenda item for the next BOS meeting. APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS 1. Registrar of Voters - Ms. Speidel commented that we have two groups here, the Registrar of Voters and Election of Officers. Under the Town Charter the BOS appoints the Registrar of Voters and other Election Officers. The appointment process for Other Election Officers is spelled out in M.G.L. Chapter 54 section 12. In a prior discussion concerning the appointment of the Registrar of Voters, it was mentioned that there have not been any appointments to the Other Election Officers since the year 2000. There is a process where the BOS accept nominations from both Town Committees and there is a time table associated with that. If the BOS does not make these appointments then the Registrar of Voters makes the appointments. Ms. Speidel is not sure why the BOS stopped making these appointments but she believes that the Town Committees has stopped doing it. Ms. Speidel distributed a memorandum to the BOS on who the people are for Other Election Officers and what their political party is. Mr. Ebersole noted that what their political party is, does not mean that there are just two. The assumption was that you wouldn't have all of one political party vs. the other and that it would be even in the appointment process. Mr. Ebersole moved to re-appoint Shirley McBride to Registrar of Voters. Mr. Matthews seconded. On vote, motion carried, 4 in favor, 0 opposed. Discussion ensued on when this item should be placed on the agenda whether it be next year or next week. Mr. Ebersole would like to have discussions on all BOS appointments to review the appointees attendance records/contributions at meetings. Ms. Speidel will draft a letter to the Town Political Parties asking for their recommendations for Other Election Officers and this matter will be put on the BOS August 6, 2013 agenda. PUBLIC COMMENT - None EXECUTIVE SESSION - None Being no further business, Mr. Toale moved to adjourn the meeting. Mr. Matthews seconded. On vote, motion carried, 4 in favor, O opposed. ===PAGE 6=== Meeting adjourned at 8:43 p.m. UPCOMING MEETING SCHEDULE July 23. 2013 Respectfully Submitted, Susan Doherty, Recording Secretary Board of Selectmen ........ ======================================================================================== DOCUMENT : 2013-07-23-agenda-4852.txt BOARD : select-board DATE : 2013-07-23 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-07-23-agenda-4852.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07232013-4852 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN /g45/g88/g79/g92/g3/g21/g22/g15/g3/g21/g19/g20/g22 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor AGENDA 7:00 PM PUBLIC COMMENT ANNOUNCEMENTS APPOINTMENTS CURRENT BUSINESS 1. Approve IMA with Town of Townsend for Resale of Net Metering Credits 2. Approve PILOT Agreement with NuGen (formerly Mas s PV1 project) 3. Approve PILOT Agreement with EPG Solar 4. Board of Selectmen Policies & Procedures 5. FY13 Final Budget Report & Request for Budget Tr ansfers 6. Minutes/ Warrants/ Action File Issues 7. Committee Report: Building Reuse Committee; Boa rd of Health; Capital Planning Committee; Finance Committee; Library Board of Trus tees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission; MA Broadband 8. Town Manager Reports or Department Reports APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS 1. Stanley Young as Constable 2. Jean Larkin to Senior Tax Workoff Committee EXECUTIVE SESSION UPCOMING MEETING SCHEDULE July 30, 2013 August 6, 2013 August 13, 2013 August 20, 2013 ======================================================================================== DOCUMENT : 2013-07-23-minutes-4852.txt BOARD : select-board DATE : 2013-07-23 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-07-23-minutes-4852.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07232013-4852 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MEETING MINUTES 7/23/13 The Board of Selectmen met in the Joseph F. Bilotta meeting room at Town Hall as scheduled with Tom Alonzo, Paula Bertram, David Matthews, Robert Ebersole, Jamie Toale and Town Manager Kerry Speidel. Regular Meeting opened at 7:00 PM 7:00PM PUBLIC COMMENT Mr. Alonzo reminded all of the band concerts being held at the lower common gazebo on Monday evenings which will end on August 5". He thanked the Band Conductor for allowing him to participate in one of the musical numbers at the last concert. There is also an opening for an organization to sponsor the July 29"h band concert concessions. He mentioned that there would be one more concert added which will feature a local Lunenburg band, the Spy Tones, and they will be sponsored by the Boys & Girls Club. Mr. Alonzo reminded all that the Farmer's Market continues on Sundays at the Ritter Building from 10AM - 1PM. Mr. Alonzo mentioned that August 1, 2013 will mark Lunenburg's 285* Birthday. APPOINTMENTS CURRENT BUSINESS 1. Approve IMA with Town of Townsend for Resale of Net Metering Credits: Continued to a future meeting. 2. Approve PILOT Agreement with NuGen (formerly Mass PV1 project): Continued to a future meeting. 3. Approve PILOT Agreement with EPG Solar: Continued to a future meeting. 4. Board of Selectmen Policies & Procedures: 5. FY13 Final Budget Report & Request for Budget Transfers: Ms. Speidel mentioned that she did not have all information from the Town Accountant and does not have a written narrative report for the BOS this evening. She does expect to have it for the Finance Committee meeting on Thursday. She went on to say that she is seeking the BOS approval on a couple of transfers within the budget to close out a couple of deficits. The request is coming under Chapter 44 section 33b. She explained that this procedure allows the BOS and Finance Committee to make adjustments at the end of the fiscal year, under certain circumstances, and the Town can transfer up to 3% or $5000, or which ever is greater. She went on to explain that the books have been closed for FY13, there were a couple of overages, and she reviewed her prepared spread sheets with the BOS. (See attached) Mr. Alonzo spoke to say that at Special Town Meeting it was voted to appropriate money for the Library, now they are returning almost $10,000, and he would like to know where that came from. Ms. Speidel replied that she will get an explanation from the Library Director concerning this. Mr. Matthews stated that if we don't spend a certain amount at the Library, then we don't qualify for State aide, we risk accreditation, and he would like to know how funds being returned will affect this. ===PAGE 2=== Ms. Speidel replied that the State does not look at what you spend but rather what you appropriate from year to year. Ms. Speidel went on to request approval from the BOS to transfer from Un-employment Expense to Legal expense, $11,654.64, from Veteran's Administration to Legal expense $591.00, from Registrar of Graves to Legal Expense $289.09 in order to do the Codification of the ByLaws project. Also transfer from Building Inspector $685.00 to Inspector of Weights and Measures. Mr. Alonzo questioned the Chapter section which states you can transfer 3% or up to $5000 from one department to another or within a department, and not to exceed those amounts. He said that we are transferring $11,000 which is greater than the $5000 and the 3% which was appropriated. Ms. Speidel replied that it is not greater than 3% and the way that the Town Accountant looks at this is "unclassified" and the unclassified appropriation is in excess of $2M. After further review of the request for budget transfers, Mr. Alonzo called for a motion. Ms. Bertram moved to approve the transfers as outlined by the Town Manager under Chapter 44 Section 33b. Mr. Matthews seconded. On vote, motion carried, 5 in favor, 0 opposed. Mr. Alonzo added that this is all contingent upon the Finance Committees approval. 6. Minutes/Warrants/Action File Issues Minutes: 7/16/13 Warrants: 7/23/13 #5-15 $173,019.23 Action File Issues: No discussion 7.Committee Report: Building Reuse Committee; Board of Health; Capital Planning Committee; Finance Committee; Library Board of Trustees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission; MA Broadband: Building Reuse Committee - Mr. Toale reported that the next meeting will be held on August 5" and the agendas for these meetings will always be posted on the Town Website. Board of Health - Mr. Ebersole reported that the BOH met on July 15" and said that the property on Wildwood Rd. has been removed from their agenda because information from the owners has not been forthcoming to determine if the property is buildable. Capital Planning Committee - No report. Finance Committee - Mr. Toale reported that the committee will be meeting this Thursday. Library Board of Trustees- Mr. Ebersole reported that the next meeting will be in September. MPO- No report. Planning Board- Ms. Bertram reported that MRPC was at the last meeting to give an overview on the Master Plan and they also talked about "Brown Fields". • Also discussed was an extension for High Field, Gas Station on Leominster/Shirley Rd., Crosswalks in the rotary near Emerald Place, Lunenburg Estates, Asian Imperial parking lot, Tri-Town, and Medical Marijuana 1 year Moratorium. Discussion ensued among the BOS concerning their frustration about the fence placement at Tri-Town. Ms. Bertram suggested selling the property that the fence is on to the developer. Mr. Matthews stated that the fence does not impede Town operations or access and does not believe the developer would purchase it if he already has a license for a fence on the property. ===PAGE 3=== Mr. Toale stated that we are spending a lot of time on an issue that's not an issue and he recommended that the BOS declare it, not an issue, and move on. Mr. Ebersole suggested that there be language in the license that includes the fence to avoid adverse possession in the future. After due and diligent discussion the BOS determined that they would update the wording in the license to include the fence. PACC- Mir. Ebersole reported that PACC is meeting tonight. School Committee- No report. School Building Committee- Mr. Matthews reported that there were interviews held last Wednesday for the 4 Construction Manager at Risk candidates. They will meet again tomorrow night to finalize their choice. Sewer Commission- Mr. Ebersole reported that High Fields is on their agenda and they are negotiating an allocation with them as it relates to the IMA with Fitchburg. They have finalized the bids for the pump maintenance contract. The commission is in the process of doing their billing for the most recent quarter and there will be an increase in rates for that quarter. MA Broadband- No report. 5. Town Manager Reports or Department Reports: Ms. Speidel reported that she had sent letters to both Political Committees in Lunenburg regarding election workers asking that they have their nominations back to the BOS by August 6t Ms. Speidel has been working with different Departments on procurement issues which is a lengthy process. She has worked with DPW on the asphalt bid. The low bidder was Keatings at $1 less per ton then we've had in the past. She has also worked with the Board of Assessors by going through the process of advertising for Regional Assessor and they have settled on a 3 year contract with Harald Scheid's group. The Sewer Commission was also worked with concerning the pump maintenance contract. They finalized an agreement with Small Water Utilities which came in with a bid of $75,000. Mr. Matthews questioned a prior meetings conversation about paving. Ms. Speidel replied that she had mentioned Mulpus Rd. but actually meant Cross St. Ms.Speidel mentioned that on August 13 the DPW Director will attend the BOS meeting to speak about road maintenance and to demonstrate a new data base for street signs. Mr. Alonzo requested that the Fire and Police Chiefs come to a BOS meeting in September to report on how the transition has progressed over to the new Regional Dispatch Center. APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS 1. Stanley Young as Constable 2. Jean Larkin to Senior Tax Workoff Committee Ms. Bertram moved to appoint Stanley Young as Constable and Jean Larkin to the Senior Tax Workoff Committee. Mr. Toale seconded. On vote, motion carried, 5 in favor, 0 opposed. PUBLIC COMMENT Mr. Ebersole questioned if the Governor has released the other half of Chapter 90 funds. Ms. Speidel replied not to her knowledge. Mr Alonzo commented on a newspaper article which reported that a complaint had been filed concerning election day. He clarified to the public that the BOS has not received a complaint nor would they receive any complaint. These complaints would be submitted to the Massachusetts Secretary of State for investigation. ===PAGE 4=== Mr. Alonzo stated that they will be briefly adjourning the regular scheduled meeting and continuing "off air" to discuss BOS Policies & Procedures. Regular scheduled meeting ended at 7:55 p.m. EXECUTIVE SESSION- None this evening UPCOMING MEETING SCHEDULE July 30, 2013 August 6, 2013 August 13, 2013 August 20, 2013 Respectfully Submitted, Susan Doherty, Recording Secretary Board of Selectmen ======================================================================================== DOCUMENT : 2013-07-30-agenda-4853.txt BOARD : select-board DATE : 2013-07-30 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-07-30-agenda-4853.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07302013-4853 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN July 30, 2013 7:00 PM – Ritter Memorial Building Lower Conference Room AGENDA CURRENT BUSINESS 1. Board of Selectmen Policies & Procedures UPCOMING MEETING SCHEDULE August 6, 2013 August 13, 2013 August 20, 2013 ======================================================================================== DOCUMENT : 2013-08-06-agenda-4854.txt BOARD : select-board DATE : 2013-08-06 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-08-06-agenda-4854.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08062013-4854 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN August 6, 2013 6:15 PM – Town Hall Bilotta Meeting Room, Second Floor Revised AGENDA 6:15 PM EXECUTIVE SESSION M.G.L. Chapter 30A, Section 21A [9], to discuss str ategy 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. Discussion of proposed settlement of IBPO Contract and/ or Town Manager’s Employment Contract. 7:00 PM PUBLIC COMMENT ANNOUNCEMENTS APPOINTMENTS 7:00 PM Change of Manager, B&H Corporation d/b/a M ickey Shea’s, 324 Electric Avenue 7:15 PM Class II, Used Car Dealer’s License, Discount Auto & Marine d/b/a Fitchburg Marine & Auto 7:30 PM Request from Lunenburg Firefighters Association to have Bonfire on August 24, 2013 CURRENT BUSINESS 1. Approve PILOT Agreement with NuGen (formerly Mas s PV1 project) 2. Approve PILOT Agreement with EPG Solar 3. Renewal of Base License for Lakeview Driving Ran ge 4. Further Discussion on BOS Policies & Procedures 5. Minutes/ Warrants/ Action File Issues 6. Committee Report: Board of Health; Capital Plan ning Committee; Finance Committee; Library Board of Trustees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission; MA Broadband 7. Town Manager Reports or Department Reports • Capital Projects Update • Household Hazardous Waste Program Update APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS 1. Reserve Police Officers: Bradley McNamara; Deve n O’Brien; Quinn Smith UPCOMING MEETING SCHEDULE August 13, 2013 August 20, 2013 ======================================================================================== DOCUMENT : 2013-08-06-minutes-4854.txt BOARD : select-board DATE : 2013-08-06 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-08-06-minutes-4854.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08062013-4854 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== RECEIVED & FILED AUG 19 2013 LUNENBURG TOWN BOARD OF SELECTMEN MEETING MINUTES 8/6/13 CLERK OFFICE A77A- 6:15 PM EXECUTIVE SESSION M.G.L. Chapter 30A, Sestion 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. Discussion of proposed settlement of IBPC Contract and/ or Town Manager's Employment Contract. The Board of Selectmen met in the Joseph F. Bilotta meeting room at Town Hall as scheduled with Tom Alonzo, David Matthews, Robert Ebersole, Jamie Toale and Town Manager Kerry Speidel. Absent was Paula Bertram Regular Meeting opened at 7:07 PM Mr. Alonzo began the meeting by stating that the BOS had just returned from Executive Session where they voted in favor of International Brotherhood of Police Officers Local 353 contract. Town Labor Counsel Attorney Mark Terry spoke to explain the IBPO contract negotiation process and stated that the agreement was ratified earlier by the BPO. He highlighted the changes of the agreement as follows: • The elimination of sick leave "Buy Back" for any employee hired after 7/1/2009 • Increase in education incentive Newly negotiated base wage package which confines increases to less than 2% per year Improvements to the Managerial prerogatives of the Town, which will allow the Chief of Police and the Town to make numerous changes with out additional bargaining with the Union The BOS thanked the IBPO for their efficiency in bringing this contract to fruition. Mr. Matthews moved to ratify the contract for the IBPO Local 353. Mr. Toale seconded. On vote, motion carried, 4 in favor, 0 opposed. APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS 1. Reserve Police Officers: Bradley McNamara; Deven O'Brien; Quinn Smith: Lunenburg Police Chief Marino came before the BOS to recommend Bradley McNamara, Deven O'Brien, and Quinn Smith be appointed as Reserve Police Officers for the LPD and gave brief background histories on each candidate. Ms. Speidel recommended that the BOS ratify the candidate's appointments. Mr. Ebersole moved to recommend approval for the appointments of Bradley McNamara, Deven O'Brien, & Quinn Smith as Reserve Police Officers to the Lunenburg Police Department. Mr. Matthews seconded. On vote, motion carried, 4 in favor, 0 opposed. The BOS thanked the Chief and welcomed the Officers. Chief Marino spoke again to inform the BOS that on July 25" there was a report made by a citizen of a suspicious person knocking on the door at 564 Goodrich St. Officer Zrate responded to the report and observed the vehicle parked at another residence on Goodrich St. Officer Zrate noticed the front door of this residence was open and was then joined by Sargeant Gammel, Detective Thiboudeau, Sargeant Peter Violette of the Shirley Police Dept., and the State Police for assistance. They entered the residence and found that it had been burglarized and subsequently apprehended the suspects after a search of the surrounding area While in the process of apprehending the suspects, two more burglaries were reported in that area, which were later linked to the suspects in custody. A large amount of stolen items were recovered and it was also ===PAGE 2=== discovered that these suspects were involved in numerous past break-ins in Lunenburg as well as in surrounding communities Chief Marino stated that it is an honor and pleasure to serve with these officers and commended the actions of all officers involved in the apprehension and arrest of the suspects. He also added his thanks to the resident who initially reported the incident at 565 Goodrich St. Mr. Alonzo thanked the Chief for the report and added that it was a great group effort of the community and the Police that worked very well. ANNOUNCEMENTS Mr. Alonzo announced that the last Band Town Band Concert was held last night and thanked all whọ were involved over the course of the summer concerts for this wonderful community event. He went on to say that there will be an additional concert to be held with music by a local band called the Spy Tones which will be a fundraiser for the Boys & Girls Club on August 12'h 7:00PM PUBLIC COMMENT Mr. Toale stated that he had attended the Eagle House Volunteer Recognition Cookout this afternoon. The Lunenburg Police & Fire Depts. cooked for this event. Several Eagle House volunteers were recognized with certificates and tokens of appreciation for their hours of service over the past year. Mr. Matthews commented on an incident that happened on the Leominster side of lakefront, on Whalom Lake, where a motor vehicle homicide had occurred after a bar fight. He stated that as the licensing authority for the Town, the BOS need to get to a place where Lunenburg and Leominster are talking more concerning the activities that happen in this area. He would also like to see more data on the number of incidences that are happening at the establishments located there. He would like to meet with the establishment owners, along with the Lunenburg & Leominster Police to look at the licensing procedures to get in front of this before another tragedy happens. Mr. Ebersole spoke and said that in light of the Secretary of State investigation of the Annual Town Election, he would like to recommend that candidates who are recommended to the BOS as Election Officers be subject to an interview process even if there is only one candidate for each position. He said that this will be the board's opportunity to speak to them to make sure that what happened at the last election does not happen again. A representative of the Fundraising Committee for the Boys & Girls Club came before the BOS to request permission for a Boot Drive on September 7* in the intersection in the center of Lunenburg and on Whalom/Electric Ave. The BOS requested that they check with the Police for rules and informed him that this could not be voted on this evening due to the fact that it was not on the agenda. This item will be placed on the 8/13/2013 BOS agenda for a vote. APPOINTMENTS 7:00 PM Change of Manager, B&H Corporation d/b/a Mckey Shea's, 324 Electric Avenue: Ms. Speidel explained that it was her understanding that the applicant had been advised that a representative from B & H Corporation needed to be present at this meeting to speak to this application. She stressed that it is important to have someone present for this application because currently there is no valid Manager on record for this establishment. Ms. Speidel recommended that this be continued to the next BOS agenda, but if the applicant does not show, then she will be requesting that the BOS take action against this license. Mr. Alonzo questioned how long it has been, that they have not had a Manager. Ms. Speidel replied that she was not sure but that it has been a substantial period of time, potentially in excess of 1 year. She had spoken with Town Counsel concerning licenses and asked if the Town will need to ask for documentation regarding Managers on an annual basis to which Town Counsel said no, it is the responsibility of the applicant. Mr. Alonzo asked if the current Manager is listed in the Annual Renewal. ===PAGE 3=== Ms. Speidel responded that the current Manager of record has been listed, but based on a letter that she had received, that person has not been the Manager of Record, or part of that business for quite sometime. Discussion ensued among the board concerning inaccurate information being listed year after year by the applicant and the fact that they did not show this evening for this application. Mr. Matthews stated that he would like to see the License Applications for the last 3 years for this establishment at the next BOS meeting. He also requested advice be sought from Town Counsel concerning anything illegal the applicant may be doing on his application. It was decided that no further action could be taken this evening since it was not posted on tonight's agenda. The applicant will be notified that he, along with the Manager, be present at the next BOS meeting. This item will be continued to the 8/13/2013 BOS meeting. Ms. Speidel will confer with Town Counsel regarding taking any adverse action on this License, explaining that there are time restraints for that process, and the BOS will not be inside of that time frame to take any action at the next BOS meeting. 7:15 PM Class II, Used Car Dealer's License, Discount Auto & Marine d/b/a Fitchburg Marine & Auto: Mr. Alonzo read into record the Notice of Public Hearing concerning the application submitted by Discount Auto & Marine, d/b/a Fitchburg Marine & Auto for a Class II License to be exercised at 27 Massachusetts Avenue, Lunenburg and opened the public hearing Rick Cuddy owner of Fitchburg Marine & Auto spoke to his request saying that this business has been there for over 25 years and that they are trying to supplement their income with the addition of selling used vehicles. There is room on the property for approximately 10 vehicles, and there will be no changes in the hours of operation. Mr. Matthews commented that they are in possession of a ZBA Special Permit and that there were no negative comments from any abutters. Mr. Alonzo asked if there were any abutters present to speak in favor or against the applicant and there were Mr. Matthews moved to approve the request for a Class II, Used Car Dealer's License for Discount Auto & Marine d/b/a Fitchburg Marine & Auto. Mir. Toale seconded. On vote, motion carried, 4 in favor, 0 opposed. 7:30 PM Request from Lunenburg Firefighters Association to have Bonfire on August 24, 2013: Rick Howard, President of the Lunenburg Firefighters Association came before the BOS to request permission to hold a Bonfire on 8/24/2013 on the grounds of Lunenburg High School from 4 - 9PM. They have already received approval from the High School and the Fire & Police Chiefs and now need approval from the BOS for this event. Mir. Matthews moved to approve the request for a Bonfire to be held by the Lunenburg Firefighters Association on August 24, 2013 from 4-9PM. Mr. Ebersole seconded. On vote, motion carried, 4 in favor, 0 opposed. CURRENT BUSINESS 1. Approve PILOT Agreement with NuGen (formerly Mass PV1 project): Ms. Speidel reported that NuGen had met with the Assessor and the Assessor had put together a Pro former for NuGen on what the real estate taxes would be based upon the valuation of the property. The NuGen property is 110 acres but only 10 acres will be developed for the solar facility. This included the highest valuation for the 10 acres that will be developed. Some of this land is un-developable and some of it is excess land. The developer has agreed with the methodology from the Assessor but would like to address the language in the PILOT. The developer would like to have the PILOT jut address the personal property and the real estate be assessed separately on an annual basis. Ms. Speidel feels that this is the best way to do this, so that the Town is capturing 2.5%. The current PILOT references both the personal property and real estate, these references need to be taken out of ===PAGE 4=== the document, and the Towns Attorney has not had a chance to clean up this document. She made the request to the Town's Attorney that it is imperative that this document be ready for next weeks BOS meeting. Mr. Toale questioned if the real estate was the entire plot or just the 10 acres. Ms. Speidel replied that it is on the entire property but the developer has expressed an interest in filing for Chapter 61B on the un-developable and excess land. The real estate taxes on the 10 acres are approximately $6500. 2. Approve PILOT Agreement with EPG Solar: Ms. Speidel spoke with the developer this week and there seems to be a difference of opinion between the developer and the property owner on the status of the land lease and/ or purchase and sale for that property. Ms. Speidel informed the developer that until someone gives her a document stating whether or not there is an agreement, the Town is not going to expend any more resources to negotiate this. 3. Renewal of Base License for Lakeview Driving Range: Ms. Speidel explained that this is an annual license that the BOS typically approves in the calendar year but due to the nature of the business they are only open in the spring, summer, and fall. This is the only base license that the Town has and it is effective through April 30, 2014. After discussion concerning gathering more information regarding the definition of base license, the BOS decided to continue this item to the next BOS meeting. 4. Further Discussion on BOS Policies & Procedures: A Workshop date was set for August 27" at 6PM to discuss BOS Policies & Procedures. 5. Minutes/Warrants/Action File Issues Minutes: 7/23/2013 Warrants: 8/6/2013 #7-14 $419,254.91 Action File Issues: No discussion 6. Committee Report: Board of Health; Capital Planning Committee; Finance Committee; Library Board of Trustees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission; MA Broadband: Board of Health - No Report Capital Planning Committee - No Report Finance Committee - Mr. Toale reported that the committee began work on their fiscal policies and the next meeting is this coming Thursday. Library Board of Trustees- Mr. Ebersole reported that the next meeting will be in September. MPO- No report. Planning Board- No report. PACC-Mr. Ebersole said that there was no report and that they have finished their end of year process and are looking at programming for the future. School Committee- Mr. Matthews reported that the committee will be holding a joint meeting with the School Building Committee tomorrow night to review the school building project update. School Building Committee- Mr. Matthews reminded all that there is a vacancy on the committee. He said that the MSBA voted to approve our preferred schematic design which will be a Middle/High School building. The ===PAGE 5=== building will accommodate 820 students for grades 6-12. The committee voted to hire Shawmut Construction as the Construction Manager at Risk. The public can see the plans for the building at the School Website. MA Broadband- Mr. Alonzo reported that 95% of the construction is complete and there is approximately 50 miles of cable left to run. The "Go Live" date should be in December of this year. Once the fiber is lit in our area and the community anchor institutions are hooked up, we will need to have someone to connect and manage the last part which is to connect the rest of the community to the internet. The Governor has put approximately $40M into the IT Bond Bill that has gone through the House Committee and is now before the House who have not voted on it yet. Mr. Alonzo hopes that the entire community will be hooked up by next spring. Sewer Commission- Mr. Ebersole reported that the commission is working with residents around the extensions of the sewer in the district and they have an "Amnesty Fee" where they will waive the $5000 fee to residents that have an illegal connection. These people need to contact the Sewer Commission in order to have this fee waived. If not done they will be liable for the $5000 penalty fee. Building Reuse Committee - Mr. Toale noted that this committee's report had been left off of the agenda and reported that they had met last evening and developed "Task Teams" to draft and review 4 possible building reuse options. The next meeting will be on August 19" at T.C. Passios which will include a tour of the building. 5. Town Manager Reports or Department Reports: Capital Projects Update: Ms. Speidel provided the board with a spreadsheet of Capital items which were approved on the Capital Planning Article at the past spring Town Meeting and reviewed the status of the items as follows for FY14: • Town Hall Chimney Repair -$18,500. Ms. Speidel noted that there is an "informal" hold on this item while awaiting feedback from the Building Reuse Committee but if it goes on too long they will move forward with the repairs. • Police Dept. -$45,000 for marked cruisers which are on order Police Dept. - $20,583 for 40 sets of pistols & holsters which are on order. • Cemetery & Parks - $39,000 for demolition of Cemetery & Parks building. The Parks building had a Phase 1 Environmental Analysis performed on it but Ms. Speidel has not reviewed the results yet. The demolition of the Cemetery building needs to be approved by the Historical Commission. If the Town decides to tear down the building on Flat Hill Rd., it will also be scheduled for demolition with the others. • School - No update. • Technology -$45,000 to be used for town wide Technology. • Fire Dept. -$215,000 for ambulance. The bid package is currently being put together by Ms. Speidel for a new ambulance and is currently on hold. • Fire Dept. - $37,000 for 35 sets of turn out gear. The Fire Dept. received a grant for some equipment and this will be reviewed again at the next Capital Plan meeting. • Police Dept. - $40,000 for an un-marked cruiser which is on order. • Intersection of Townsend Harbor/Mulpus Rd. - $30,000 for improvements. A contract has been executed with the engineer for a "minor" design at a cost of approximately $4,000. • Library - $40,000 for exterior improvements to the Library. The Facilities Director is currently putting together the specs to go out to bid for this project. Ms. Speidel noted that there is one item left in FY13 Capital Plan which is roof repairs to the Ritter Building. The contractor that was originally hired has decided to not do the job. The job was re-bid, another contractor hired, and the work should be completed by the end of September. Funds to pay for this project will be re- appropriated from FY13. Mr. Matthews questioned if there was grant money available for identifying building repairs to Town buildings. Ms. Speidel replied that traditionally there is not a lot of grant money available and that Pat Slattery, from the Montachusett Regional Historical Commission, is the best resource to get this information from. ===PAGE 6=== Household Hazardous Waste Program Update: Ms. Speidel reported that FY13 marked the 2° year of operation for Household Hazardous Waste Program in Devens and gave a brief history of this programs inception and current operation schedule. FY13 closed with an operating surplus of approximately $10,500. The busiest month was June which saw 120 people from various communities attend. Through out the year there are 7-120 people who attend during the 3 hours that it is open during the day. Out of those who used the program last year, 64 individuals were from Lunenburg and she would like to get the word out about this program to make people more aware of its existence. Fees to use the facility are $20 for 5 gallons/5 Ibs and $40 for up to 10 gallons/10 Ibs of material to dispose of. The facility is open on twice per month on the 1sl Wednesday and the following Saturday from 9AM-12Noon and is located at 9 Cook St. in Devens. You can also visit the website at www.devenshhw.com. Ms. Speidel encouraged residents of Lunenburg to use this program. Ms. Speidel stated that the rate case for Unitil will be discussed at the next BOS meeting. PUBLIC COMMENT John Whalen, 526 W. Townsend Rd. spoke to say that he had missed the Town Meeting in the spring and asked what was on the warrants for the solar projects. Ms. Speidel replied that there were place holders on the warrant in the event that the developers requested modification, which they did not. Mr. Whalen said that he was not sure if there had been modifications made at that time and thought the numbers have changed to the PPA's. He said that he thinks the numbers that are being used now for the credits are less favorable then they were at the time when approved at Town Meeting. He was concerned if it was OK that the numbers are less favorable now, than what were presented at Town Meeting, and was this going to be an issue. Ms. Speidel replied that what was presented at the time was essentially a Pro Forma based on what the offer was at the time. The vote at Town Meeting was specific to the dollar amount for personal property per MW for the PILOT agreement and in terms of the PPA it was the length of time that the PPA would extend, which is 20 Mr. Whalen stated that he believed it was the terms of the PPA which was "cost" as well as "length of". He thought that at the time that it was proposed, it wouldn't be worse than this deal that was presented at that time was, and he just wanted to know if this was an issue or not. Mr. Whalen also questioned the PILOT numbers. He believed that if this was a business opening on Chase Rd. that the tax rate would have been higher than a personal tax rate to run a business on residential land and thought the numbers were higher than $18,000 per MW. Mr. Matthews replied that this is what they always were and it is purely the personal property. Mr. Whalen asked if there was another way to re-calculate that, other than personal property at $18,000 per MW, and then actually to tax them at a business tax rate? Ms. Speidel replied that we have a single tax rate in Town. We had a significant amount of discussion on how to value that enterprise and the Department of Revenue weighed in on that also. We came up with the standard valuation after we came up with the $18,000 per MW. Mr. Alonzo spoke and said that there was a lot of talk about different numbers before that and when it came to the warrant the $18,000 was agreed on by everybody. Mir. Whalen asked that instead of 110 acres, is it only going to be 10 acres that's included in the real estate taxes? Mr. Alonzo replied no, the whole parcel is, but the non-building lot, with the 10 acres excluded, will be put into Chapter. Mr. Whalen asked when that happens, doesn't that give the Town Right of Refusal? MS. Speidel replied that if they take it out, or change the use, the Town has 1s Right of Refusal. Mr. Whalen asked if there are any other changes to the project that we have not heard of? Ms. Speidel replied in terms of the size of the project, no there are no changes. Mr. Whalen asked if perhaps the Town would purchase the land where the EPG Project is proposed? Mr. Alonzo replied that there has been no discussion of that. ===PAGE 7=== Being no further business Mr. Toale moved to adjourn the meeting. Mr. Matthews seconded. On vote motion carried, 4 in favor, 0 opposed. Meeting adjourned at 8:27PM UPCOMING MEETING SCHEDULE August 13, 2013 August 20, 2013 Respectfully Submitted, Susan Doherty, Recording Secretary Board of Selectmen ======================================================================================== DOCUMENT : 2013-08-13-agenda-4855.txt BOARD : select-board DATE : 2013-08-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-08-13-agenda-4855.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08132013-4855 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN August 13, 2013 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor Revised AGENDA 7:00 PM PUBLIC COMMENT ANNOUNCEMENTS APPOINTMENTS 7:15 PM Loxi Calmes, Superintendent of Schools, Ar chitect, OPM- Update on School Building Project 8:15 PM Change of Manager, B&H Corporation d/b/a M ickey Shea’s, 324 Electric Avenue CURRENT BUSINESS 1. Approve PILOT Agreement with NuGen (formerly Mas s PV1 project) 2. Renewal of Base License for Lakeview Driving Ran ge 3. Unitil Rate Case 4. Further Discussion on BOS Policies & Procedures 5. Minutes/ Warrants/ Action File Issues 6. Committee Report: Board of Health; Building Reu se Committee; Capital Planning Committee; Finance Committee; Library Board of Trus tees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission; MA Broadband 7. Town Manager Reports or Department Reports APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS 1. Candidates for Election Officers- Warden, Deputy Warden, Clerk, Deputy Clerk, 2 Inspectors, and 2 Deputy Inspectors EXECUTIVE SESSION M.G.L. Chapter 30A, Section 21A [9], to discuss str ategy 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. Discussion of Town Manager’s Employment Contract renewal. UPCOMING MEETING SCHEDULE August 20, 2013 August 27, 2013 – Work Session ======================================================================================== DOCUMENT : 2013-08-13-minutes-4855.txt BOARD : select-board DATE : 2013-08-13 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-08-13-minutes-4855.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08132013-4855 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== RECEIVED & FILED AUG 21 2013 LUNENBURG TOWN CLERK OFFICE BOARD OF SELECTMEN MEETING MINUTES 8/13/13 149 84 The Board of Selectmen met in the Joseph F. Bilotta meeting room at Town Hall as scheduled with Tom Alonzo, David Matthews, Robert Ebersole, Jamie Toale and Town Manager Kerry Speidel. Absent was Paula Bertram Regular Meeting opened at 7:00 PM 7:00PM PUBLIC COMMENT Mr. Alonzo began the meeting by thanking everyone who was involved with the previous evenings "Spytones" concert which was held at the gazebo. This even was a fundraiser for the Boys & Girls Club and was a great success. ANNOUNCEMENTS - None APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS 1. Candidates for Election Officers - Warden, Deputy Warden, Clerk, Deputy Clerk, 2 Inspectors, and 2 Deputy Inspectors- Mr. Ebersole stated that due to the compensation paid for the Warden position he will need to recuse himself from this discussion and asked if this appointment could be separated out from the other appointments. The Chair agreed to separate the Warden appointment and potentially the Deputy Warden appointment from the others. Mr. Ebersole then recused himself from the discussion to return after the board's action is taken. Ms. Speidel reviewed the process of how she had contacted the Chairs of the Lunenburg Democratic and Republican committees requesting nominations for these appointments. She had received one nomination from the Chair of the Democratic and that was Troy Daniels for the position of Warden. The Republican Committee Chair's response was that there was a list of candidates on file at the Town Clerks office, they are the same people who were previously in those positions, and that he would like those people be given consideration for appointment. That list reads as follows: Warden: Janice Carrier R Deputy Warden: Edward Harriman R Clerk: Kathleen Pliska D Clerk: Darleen Steele D Inspector: Ellen Aubuchon D Deputy Inspector: Ernest Aubuchon D Inspector: L. Grace Harriman R Deputy Inspector: Anne Shattuck R Ms. Speidel had invited all candidates to this evenings meeting but noted that Mr. & Mrs. Harriman are on vacation and are unable to attend. Mr. Alonzo stated that they will be interviewing candidates for Warden, Janice Carrier & Troy Daniels and asked Ms. Carrier to come forward. Janice Carrier, Candidate for Warden, spoke to the BOS about her work experience with the Town and stated that she has worked at the polls for 49 years. ===PAGE 2=== Mr. Matthews questioned Ms. Carrier about the issues that have been raised on how the elections are run, how she would address any specifics that may come forth from the Secretary of State, and if there was anything different that needed to be done at the elections. Ms. Carrier responded that they just follow the rules, and if any questions come up they refer to M.G.L. Chapters 50-58. She went on to say that they follow things very closely and keep an eye on people as they have always done. Mr. Toale asked Ms Carrier to explain what the role of Warden is. Ms. Carrier responded that she is in charge of the voting lists and election ballots. The Town Clerk oversees everything but if there is a problem it is addressed with the Warden. Ms. Bertram asked Ms. Carrier if she thought any violation had occurred at the last election and if she sees any changes at the polls moving forward Ms. Carrier responded that she could not see any violations according to the laws. She believes that the Secretary of State has contacted the Town Clerk but was unaware of any outcome. She does not believe that they would do anything different except to be more aware of the law and rules, which they follow now. They have been doing it the same way ever since she has been there. Troy Daniels, candidate for Warden, spoke to the BOS stating that he had served on the Board of Health and recently had run for the Town Clerks position. He has lived in Lunenburg for 4 years and studied Under Grad at Suffolk University. Mr. Daniels stated that he feels that justice, fairness, and equity are all important and that's what he believes in. One of the things that became apparent to him during the last election was that there were issues with challenges that were brought to Town officials and he believed they were not dealt with appropriately. He reported the violations and they are still under investigation. He stated that unless someone steps forward to offer themselves for these positions then we do not have a choice and he is here tonight to offer the Town a choice. Ms. Bertram asked Mr. Daniels to highlight what he sees as issues and what changes he would make moving forward at the polls. Mr. Daniels replied that there is an ongoing investigation with the Secretary of States office and with the State Ethics Commission and he can't comment on what the outcome will be. His perception is that things need to be done differently from what is written in the law and what happened. The law has changed in the last 49 years and there are reasons why those laws are put into place. The conduct that took place in the past is perceived to be wrong and needs to be avoided, which goes back to the justice, fairness, and equity in elections and that's how I would change that. Mr. Alonzo stated that we are under State obligation to appoint by August 15" and we will be appointing people under that statute. What ever comes of the Secretary of State's investigation we will treat on the other side. After due and diligent discussion among the board on the process of how and who the names being submitted by Town parties were, Mr. Alonzo asked for a motion for appointment to Warden. Mr. Matthews stated that if the Secretary of State comes back with a finding that's negative to the operations of the Town's last election he fully expects that Janice Carrier will implement whatever comes back as being proven, as what should happen, and based on that and his faith in her, he would recommend to nominate Janice Carrier to the Warden position. Ms. Bertram seconded. Mr. Alonzo thanked both candidates for coming forward and said that it is always beneficial to the Town when multiple people come forward to apply for positions. He then called for a vote to re-appoint Janice Carrier as Warden. On vote, motion carried, 3 in favor, 0 opposed, 1 not voting (Alonzo). Mr. Matthews spoke and said that he would like to see Mr. Daniels be nominated for Deputy Warden. ===PAGE 3=== Mr. Alonzo replied that it was not clear as to who was appointed to what and he wanted people who are involved, to want to be involved. The responses from the Town Committee Chairs were vague and nebulas at best which is not helpful. He then asked Mr. Daniels if he was interested in applying for Deputy Warden. Mr. Daniels replied yes. Ms. Bertram spoke and said that she is disappointed by the lack of response from both of the Town Committee's. She believes that we need to have a slate and for them to say it's simply on file or to give one name, is not sufficient. We do have a candidate for Deputy Warden and she is willing to entertain Mr. Daniels nomination but feels that we need to give the current Deputy Warden, Mr. Harriman an opportunity to speak. She is aware of the time constraints for these appointments but is concerned about the process. She asked if all individuals who are slated were advised of this meeting this evening. Ms. Speidel replied yes, they are all here except for Mr.& Mrs. Harriman who are on vacation. Ms. Carrier spoke to remind the BOS that the Deputy Warden needs to be from the opposite party than the Warden. Mr. Alonzo stated that he was glad she said that because clearly this has not been true. Currently they are both from the same party and it makes sense to have them come from opposite parties. Ms. Carrier spoke to Mr. Daniels and said that she did not think that he was registered as a Democrat. Mr. Daniels replied that he believes he is registered as un-enrolled and has voted Democrat. Ms. Carrier said that the M.G.L. is confusing because it states that two election officers can be un-enrolled. After reviewing M.G.L. it was revealed that the Warden & Deputy Warden can be from the same party, but different than that of the Clerk & Deputy Clerk. No more than half of the inspectors may be from the same party. Party representation requirements apply only if the Chairman of the City or Town Committee of each political party or the Chairman of the State Committee of such party files the Registrars list of enrolled members of the party who desire appointment as election officers. Mr. Matthews stated that based on this information he would nominate Edward Harriman as Deputy Warden. Ms. Bertram seconded. On vote, motion carried, 3 in favor, 0 opposed, 1 not voting (Alonzo). At this time Mr. Ebersole returned to the meeting and stated that he was ending his recusal. Kathleen Pliska, candidate for Clerk, spoke to the BOS about her prior work experience and the various boards she has served on and volunteering she has done within the Town. She currently works at the polls and has done so for approximately 8 years. Ms. Bertram moved to appoint Kathleen Pliska as Clerk. Mr. Matthews seconded. On vote, motion carried, 4 in favor, O opposed, 1 not voting (Alonzo). Darleen Steele, candidate for Deputy Clerk, was not present this evening. Mr. Matthews moved to appoint Darleen Steele as Deputy Clerk. Ms. Bertram seconded. On vote, motion carried, 4 in favor, 0 opposed, 1 not voting (Alonzo). Ellen Aubuchon, candidate for Inspector, spoke to the BOS about her work experience and stated that she has worked at the polls for approximately 8 years. Ms. Bertram moved to appoint Ellen Aubuchon as Inspector. Mr. Matthews seconded. On vote, motion carried, 4 in favor, O opposed, 1 not voting (Alonzo). Ernest Aubuchon, candidate for Deputy Inspector, spoke to the BOS about his work experience and stated that he has worked at the polls or approximately 4 years. Mr. Matthews moved to appoint Ernest Aubuchon as Deputy Inspector. Ms. Bertram seconded. On vote, motion carried, 4 in favor, O opposed, 1 not voting (Alonzo). L. Grace Harriman, candidate for Inspector was not present this evening. Mr. Matthews moved to appoint L. Grace Harriman as Inspector. Ms. Bertram seconded. On vote, motion carried, 4 in favor, 0 opposed, 1 not voting (Alonzo). ===PAGE 4=== Anne Shattuck, candidate for Deputy Inspector, spoke to the BOS about her work experience and the organizations that she belongs to. Ms. Bertram moved to appoint Anne Shattuck as Deputy Inspector. Mr. Matthews seconded. On vote, motion carried, 4 in favor, 0 opposed, 1 not voting (Alonzo). Mr. Matthews thanked all who work at the polls and the candidates that came forward this evening. Mr. Alonzo noted that these positions have not been appointed before. This was brought to the BOS attention, and this is why they are coming in at such a late hour. He said that next year this will be much further forward so they can engage the Town Committee Chairs so they can get nominations within the designated dead line. He apologized for any confusion this may have caused and thanked the candidates. Mir. Ebersole wanted verification that the appointments were for a 1 year term. Mr. Alonzo replied yes. Mr. Matthews requested that moving forward, the BOS fully investigate how to involve un-enrolled candidates for these types of positions. APPOINTMENTS 7:15 PM Loxi Calmes, Superintendent of Schools, Architect, OPM - Update on School Building Project: School Superintendent Loxi Calmes reported that this School Building Project update was originally supposed to be televised at the last School Committee meeting but due to lack of PACC staffing it was not and had asked the BOS if she could present the update in its entirety at this evenings BOS meeting. She stated that it is important that the public view the plans/progress of this project and they can also be updated via You-Tube Ms. Calmes introduced the people who will be taking part in tonight's presentation as School Building Committee/School Committee member, Colleen Shapiro, Director of Facilities, John Londa, Representative from Tappe & Associates, Charles Hay, and Representative from Joslin Lesser & Associates, Greg Cohan, then proceeded with her presentation. During the presentation given by various persons involved with the project, BOS members voiced concerns regarding verifying the Planning Board projected enrollment vs. what could potentially happen with new building projects within the Town, capacity of the new school building, cost, timelines with MSBA, and the need of public involvement. The School Building Committee will hold their next open meeting on 8/28/2013 at 7PM at T.C. Passios. The School Superintendent, Architect, and OPM will have a presentation regarding total project costs for the Finance Committee at an open meeting to be held on 9/26/2013. 8:15 PM Change of Manager, B&H Corporation d/b/a Mickey Shea's, 324 Electric Avenue: Ms. Speidel informed the BOS that the application for change of Manager is complete and is included in their packets. Mr. Alonzo asked the applicant when the last approved Manager stopped working for him. Mr. Herrick replied 2010. Mr. Alonzo asked Mr. Herrick if he was aware that this is potentially 3 years later. Mr. Herrick replied correct. Mr. Alonzo stated that tonight is only about the change of Manager and that the discussion on how long its been that there has not been a manager will be discussed at a future BOS meeting. Mickey Shea's new Manager, Lindsey Achilla, came before the BOS to answer questions from them. Ms. Achilla stated that she has bussed table since the age of 13 while employed by her father, Robert Herrick, and at the age of 18 she began working as the bartender. Mr. Ebersole asked Ms. Speidel who reviews the CORI requests on these applications. ===PAGE 5=== Ms. Speidel replied that in the Selectmen's office Linda Douglas along with herself are certified to run the CORI checks depending upon their availability. They only report back to the BOS if there is a record found. In this case the CORI came back as "No CORI Available" which means that there was no record found. Mr. Toale asked Ms. Achilla if she has gone through the required trainings. Ms. Achilla replied yes, she had been re-certified with the TIPS course last Wednesday and she is also researching enrolling in other Management courses. Ms. Bertram moved to approve the change of Manager for B & H Corporation doing business as Mickey Shea's, 324 Electric Ave, as requested. Mr. Ebersole seconded. On vote, motion carried, 5 in favor, C opposed. Mr. Alonzo reminded Mr. Herrick that because of the lapse in Manager over the past 3 years during which there were subsequent renewal licenses where the previous Manager's name was on the applications, the BOS will be holding a Public Hearing about this issue. It will all be properly formatted and Mr. Herrick will receive a notice via the mail as required by law. CURRENT BUSINESS 1. Approve PILOT Agreement with NuGen (formerly Mass PV1 project): Attorney Rick Holland spoke to the BOS and reviewed the PILOT agreement with NuGen with them. This PILOT agreement is for a term of 20 years and is equal in term with the PPA which the BOS had recently signed. The PILOT is for personal property taxes oniy. The real estate will be taxed as it would be normally in the absence of a PILOT. The amount as set forward in the Town Meeting vote is $18,818. per Mega Watt, per year. The PPA contemplates a 3 Mega Watt facility, it may be smaller than that. If it is built out to 3.1 it will be approximately $58,336. per year under the PILOT. This agreement has been negotiated and is before the BOS for approval. Mr. Matthews moved to approve the PILOT agreement with NuGen as written. Ms. Bertram seconded. On vote, motion carried, 5 in favor, 0 opposed. Ms. Bertram stated that she supports the PILOT and knows they are moving forward with the IMA, but remains concerned with when the IMA will be executed. Ms. Speidel replied that there is a draft IMA which has been reviewed with the Town of Townsend and she has been advised that the Townsend BOS does not meet in the month of August. Ms. Speidel expects that this item will be taken up again in the beginning of September. Mr. Matthews questioned the assessed real estate taxes on the 10 acres of the prime solar site. He said that it states that it is $25,000 per acre, which is the same if it is a developed solar site, or if it's Chapter 61 B or 61, which does not make sense to him. Ms. Speidel replied that the site itself is 110 acres. Ten acres of the site are being developed and those developed acres are not eligible to have Chapter designation. Mr. Matthews said that this seems like very low value which will produce some significant revenue for the developer and is much lower than what the similar acreage would be for residential. Ms. Speidel responded that for commercial properties the valuation is based upon the income that is produced and she will ask the Assessor to come to a BOS meeting for clarification. 2. Renewal of Base License for Lakeview Driving Range: Ms. Speidel informed the BOS that Base Licenses are issued for general operation of establishments such as bowling alleys, golf driving ranges, drive- in theaters and amusement centers. They are authorized under M.G.L. Chapter 140, Section 181. Traditionally we have issued Base Licenses based upon a calendar year of May 1 - April 30, which had to do the season at Whalom Park. We do not require an applicant for license renewal to submit a new application. There isn't any reason why this can't be on a calendar year but just for the convenience of the original applicants this is what we did. Mr. Alonzo stated that for convenience he would like to have this license put back on the calendar year. ===PAGE 6=== Mr. Ebersole recommended that with the idea of approval of this license we have the applicant re-apply again in December and prorate the fee for that portion so that they are not paying additional funds. Mr. Toale moved to approve the Base License for Lakeview Driving Range as it exists. Mr. Ebersole seconded. Mr. Ebersole stated that historically, a lot of these licenses were put in place as a way to regulate River City Pool Halls and it was a way to make sure that entertainment at the establishments was appropriate for the community. This is a throwback to the 1800's but it continues on to make sure that people are doing their business properly. Mr. Toale modified his motion to approve the Base License for Lakeview Driving Range until 12/31/2013 and to prorate the tee for the applicant. Mr. Ebersole seconded. On vote, motion carried, 5 in favor, 0 opposed. 3. Unitil Rate Case: Ms. Speidel stated that the BOS had reviewed the Unitil Rate Case at a previous meeting and there was a question concerning whether or not the Town should file as an intervener. This would mean that we are an official party to the process and would receive all official notifications. Yesterday was the last day to file as an intervener and Ms. Speidel spoke to the Hearings Officer and asked her to hold this open. The Hearings Officer told her that you would need to file a petition in order to ask for an extension. The only other entities that have filed as an intervener are the Attorney General, the Department of Energy, and an Advocacy Agency that files on behalf of low income rate payers. There are no other communities within the service area that have filed. The process is cumbersome and the last time Lunenburg participated we had Town Counsel follow the case which cost the Town thousands of dollars. After a brief discussion among the board members it was decided that they would not file for an extension. Mr. Ebersole noted that there would be a hearing at Fitchburg Memorial Middle School on September 23° Ms. Bertram encouraged the BOS to and public to attend these hearings so their comments can be heard and remain engaged in this matter as the process moves forward. She requested that this item be added to a future agenda. 4. Further Discussion on BOS Policies & Procedures: Mr. Matthews mentioned that regarding vehicle use policies, he had an old policy from Littleton which he preferred because it was easy to understand This item was tabled until the 8/20/2013 BOS meeting. 5. Minutes/Warrants/Action File Issues Minutes: 8/6/2013 Warrants: 8/13/2013 8/14/2013 #8-14 #9-14 $635,380.39 $264,444.31 Action File Issues: No discussion 6.Committee Report: Board of Health; Building Reuse Committee; Capital Planning Committee; Finance Committee; Library Board of Trustees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission; MA Broadband: Board of Health - No Report Building Reuse Committee - Mr. Toale reported that they will meet Monday at 6:30PM at T.C. Passios. Capital Planning Committee - Mr. Toale reported they will meet tomorrow at 10AM at the Ritter Building. Finance Committee - No Report Library Board of Trustees- Mr. Ebersole reported that there is no meeting until next month. ===PAGE 7=== MPO-Ms. Bertram reported there is no meeting until next month. Planning Board-Ms. Bertram reported that the Planning Board discussed Highfield Village, which was extended to 10/21/2013, Force Corp Development Plan review at 305 Leominster/Shirley Rd, White Tail Crossing road acceptance, Master Planning survey on Survey Monkey, and Tri Town, according to the Planning Director, does not qualify for 40S funding this year. Ms. Speidel clarified that this if for FY2013 not FY2014 PACC- Mr. Ebersole reported that they will meet next week. School Committee- Mr. Matthews reported that they met last week and reviewed the update on the school building project. School Building Committee- No Report MA Broadband- No Report Sewer Commission- Mr. Ebersole reported that the commission meets the same time as the BOS and they continue to look at the Amnesty program, Lancaster Ave extension, & Highfield Estates. Mr. Matthews mentioned the fact that an important meeting was not televised last week due to staffing issues. He stated that we have issues getting PACC fully staffed so that they can do more things and we have no reports on budgets and all of this should be coming to the BOS. Mr. Matthews would like to have a joint meeting with PACC to hear updates on their status. Mr. Alonzo agreed with Mr. Matthews and requested that the BOS Administrative Assistant schedule a meeting with them. 7. Town Manager Reports or Department Reports: Ms. Speidel gave an update on the Capital Projects for the current fiscal year specifically the Library project. • There was $40,000 budgeted for this project and facilities had reason to believe that we are looking at something substantially less. Three written quotes were requested for this project and the lowest bidder came in at approximately $21,000. Ms. Speidel believes that they will be awarding the job to that contractor. PUBLIC COMMENT Mr. Ebersole asked Ms. Speidel if there was additional information received from the Assessors in regards to the old Primary School concerning valuation. Ms. Speidel replied that we were going to try to do an "In House" appraisal and it is still in process. Troy Daniels spoke to the BOS and volunteered to become involved with PACC if the BOS were interested. He has experience in communications and was involved with a television program on Cape Cod. The BOS welcomed the offer and will place this item on next weeks agenda. EXECUTIVE SESSION Mr. Alonzo stated that the board will be going into Executive session citing M.G.L. Chapter 30A, Section 1 A (9), 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. Discussion of Town Manager's Employment Contract renewal. Mr. Ebersole moved to go into Executive Session. Mr. Matthews seconded. Roll Call vote: Ebersole- Aye, Toale - Aye, Matthews - Aye, Bertram - Aye, Alonzo - Aye. Regular Scheduled Meeting adjourned at 10:11PM ===PAGE 8=== UPCOMING MEETING SCHEDULE August 20, 2013 August 27, 2013 Work Session Respectfully Submitted, Susan Doherty, Recording Secretary Board of Selectmen ======================================================================================== DOCUMENT : 2013-08-20-agenda-4856.txt BOARD : select-board DATE : 2013-08-20 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-08-20-agenda-4856.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08202013-4856 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN August 20, 2013 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor AGENDA 7:00 PM PUBLIC COMMENT ANNOUNCEMENTS APPOINTMENTS CURRENT BUSINESS 1. Request for Voluntary Toll on on Saturday, 9/7/1 3 from 9:00AM – 12:00PM, Lunenburg Boys & Girls Club 2. Vote to Certify School Enrollment, MSBA Requirem ent 3. Further Discussion on BOS Policies & Procedures 4. Minutes/ Warrants/ Action File Issues 5. Committee Report: Board of Health; Building Reu se Committee; Capital Planning Committee; Finance Committee; Library Board of Trus tees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission; MA Broadband 6. Town Manager Reports or Department Reports APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS 1. Troy Daniels- appointment to PACC, choice of 1 o r 3 year term EXECUTIVE SESSION UPCOMING MEETING SCHEDULE September 3, 2013 September 10, 2013 September 17, 2013 ======================================================================================== DOCUMENT : 2013-08-20-minutes-4856.txt BOARD : select-board DATE : 2013-08-20 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-08-20-minutes-4856.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08202013-4856 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Absent was Dave Matthews & Town Manager Kerry Speidel Regular Meeting opened at 7:01 PM 7:00PM PUBLIC COMMENT ANNOUNCEMENTS Mr. Alonzo announced that the public will now be able to view all BOS meetings online by signing onto Youtube.com. Mr. Alonzo reminded all that they should attend the Public Hearing concerning the Unitil rate increase on 9/23/2013 at Fitchburg Memorial Middle School. The BOS will send along a letter to be read at this hearing voicing their displeasure with the rate increases from Unitil. APPOINTMENTS CURRENT BUSINESS 1. Request for Voluntary Toll on Saturday, 9/7/13 from 9:00AM - 12:00PM Lunenburg Boys & Girls Club: Michelle Belleza, Director Chester Mossman Teen Center, came before the BOS to request a voluntary toll. Ms. Belleza stated that she had spoken with the Chief Marino concerning necessary safety requirements and will comply with them. Ms. Bertram moved to approve the request from the Lunenburg Boys & Girls Club for a Voluntary Toll to be held on Saturday 9/7/2013 from 9AM - 12PM, in the center of Lunenburg and at the intersection of Whalom Rd. and Electric Ave. Mr. Toale seconded. On vote, motion carried, 4 in favor, 0 opposed. 2. Vote to Certify School Enrollment, MSBA Requirement: Mike Mackin, School Building Committee Chair, came before the BOS to speak on the certification of school enrollment. After discussion with the BOS concerning enrollment numbers, Mr. Alonzo stated that there would be no official vote tonight and that this item will be posted on the agenda for another meeting to be held on 8/27/2013. This topic will be the only agenda item that evening. 3. Further Discussion on BOS Policies & Procedures: The BOS met "off camera" to discuss policies & procedures. 4. Minutes/Warrants/Action File Issues Minutes: 8/13/2013 Warrants: 8/20/2013 #10-14 Action File Issues: No discussion $139,748.16 5.Committee Report: Board of Health; Building Reuse Committee; Capital Planning Committee; Finance Committee; Library Board of Trustees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission; MA Broadband: ===PAGE 2=== relay to the BOs at a later time. Mr. Alonzo mentioned that the BOS would like to set up a meeting with PACC to discuss policies and staffing. School Committee- No Report School Building Committee- No Report MA Broadband- No Report Sewer Commission- Mr. Ebersole stated that they will be meeting next week. 6. Town Manager Reports or Department Reports: No Report APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS 1. Troy Daniels - Appointment to PACG, choice of 1 or 3 years: Mr. Ebersole spoke to say that he had checked with the State Ethics Commission and since there is no compensation or competition with this slot he was able to participate in this appointment. Mr. Daniels was not present this evening for this appointment. Mr. Toale questioned if Mr. Daniels was a cable TV subscriber. Mr. Ebersole answered yes. Ms. Bertram moved to appoint Troy Daniels to PACC for a 1 year term. Mr. Toale seconded. On vote, motion carried, 4 in favor, 0 opposes. PUBLIC COMMENT Mr. Alonzo reminded all again that he will attempt to schedule a meeting with the School Building Committee next Tuesday evening depending on availability of meeting space and with the stipulation that an agenda is posted by 4PM on 8/22/2013. Mr. Alonzo mentioned the BOS Policies & Procedures will be discussed off camera and anyone wishing to stay for this may do so. EXECUTIVE SESSION - None Being no further business Ms. Bertram moved to adjourn the meeting. Mr. Toale seconded. On vote, motion carried, 4 in favor, 0 opposed Regular Scheduled Meeting adjourned at 8:45PM UPCOMING MEETING SCHEDULE September 3, 2013 September 10, 2013 September 17, 2013 Respectfully Submitted, Susan Doherty, Recording Secretary Board of Selectmen ======================================================================================== DOCUMENT : 2013-09-03-agenda-4857.txt BOARD : select-board DATE : 2013-09-03 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-09-03-agenda-4857.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09032013-4857 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN September 3, 2013 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor AGENDA 7:00 PM PUBLIC COMMENT ANNOUNCEMENTS APPOINTMENTS 1. Candidates for School Building Committee: Marye llen McKenna; Greg Roy CURRENT BUSINESS 1. Vote to Certify School Enrollment, MSBA Requirem ent 2. Minutes/ Warrants/ Action File Issues 3. Committee Report: Board of Health; Building Reu se Committee; Capital Planning Committee; Finance Committee; Library Board of Trus tees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission; MA Broadband 4. Town Manager Reports or Department Reports APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS 1. Candidate to School Building Committee EXECUTIVE SESSION UPCOMING MEETING SCHEDULE September 10, 2013 September 17, 2013 ======================================================================================== DOCUMENT : 2013-09-03-minutes-4857.txt BOARD : select-board DATE : 2013-09-03 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-09-03-minutes-4857.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09032013-4857 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== RECEIVED & FILED SEP 1 1 2013 LUNENBURG TOWN BOARD OF SELECTMEN MEETING MINUTES 9/3/13 The Board of Selectmen met in the Joseph F. Bilotta meeting room at Town Hall as 724810 Alonzo, Paula Bertram, Dave Matthews, Jamie Toale, Robert Ebersole, and Town Manager Kerry Speidel. Regular Meeting opened at 7:00 PM 7:00PM PUBLIC COMMENT Mr. Ebersole mentioned that according to the Town Bylaws, boards are supposed to submit minutes to the Town Clerk for posting on the Town Web Site. He mentioned that the Board of Health, Cemetery, Conservation, Housing Authority, Parks and Sewer Commission all have limited recent minutes. He stated that it is not the duty of the Town Clerk to police these people and would like to have a letter sent to these various boards about this matter. He also thanked the boards who are current with their minutes. ANNOUNCEMENTS Mr. Alonzo announced that the Department of Public Utilities will be holding a Public Hearing concerning the Unitil rate increase on 9/23/2013 at 7PM at the Fitchburg Memorial Middle School. APPOINTMENTS 1. Candidates for School Building Committee: Maryellen McKenna; Greg Roy: Maryellen McKenna came before the BOS to be interviewed for the open position on the School Building Committee. She gave a history of her involvement with Town activities which included membership in the PTO, Fundraising for the Joseph F. Bilotta portrait, Building Feasibility Study Committee, and advocating for a youth skate board park. Greg Roy came before the BOS to be interviewed for the open position on the School Building Committee. Mr. Roy spoke of his family status and work history as a Civil Engineer. Mr. Roy stated that he would be happy to serve the Town but if the board feels that someone else would be better suited for this position, he would like to see what ever is in the best interest of the Town. Mr. Alonzo asked Mr. Roy if there would be any conflict of interest with his outside employment if he were to be appointed to this committee. Mr. Roy replied that he had served on the Conservation Commission and at that time he had a conflict of interest because his firm was doing some work directly in front of the board that he was in. He had contacted the Ethics Committee at that time after which he resigned from that board. He does not believe he has a conflict of interest in this regard because there would not be any cause for him to represent a third party at this table. Mr. Alonzo thanked both candidates for coming forward and opened up discussion to the board Mr. Matthews spoke and said that the member who has left this committee had construction experience and although he has served with Ms. McKenna on a previous board, he believes that the next member should have the skills that Mr. Roy could bring to the table. He complimented Ms. McKenna on her previous organizational skills and said that he hopes she will stay engaged with other Town opportunities. Mr. Ebersole questioned if this was a "standing" committee or will it end when the project is finished. Mr. Alonzo replied that this is just for this project. Mr. Matthews moved to appoint Gregory Roy to the open position on the School Building Committee. Toale seconded. ===PAGE 2=== Discussion began again among the BOS complimenting Ms. McKenna's extensive public service record, but all were in agreement with Mr. Matthew's reasons for choosing Mr. Roy for this position. On vote, motion carried, 5 in favor, 0 opposed. Mr. Alonzo reminded Mr. Roy to visit the Town Clerks office as soon as possible to be sworn in. CURRENT BUSINESS 1. Vote to Certify School Enrollment, MSBA Requirement: Mr. Matthews updated the board on a conference call which was held with the MSBA concerning the enrollment numbers for the proposed new High School. He explained that the way the MSBA looks at the projected enrollment number of 820 is with 85% of the building being utilized, which means that the building could actually hold 940-960 students. Ms. Bertram reviewed what the MSBA uses in their formula for projecting enrollment numbers which is extensive. She said that the phone call enlightened her on the additional student capacity of the school, which was not clear before, and also the fact that it is possible that they can go back to the MSBA for funding, after construction, if there is a need to increase the size of the building. She said that although she would like to see a larger project, the reality is that this is the foot print that we have, and she feels comfort knowing that if they need to they can expand the project. School Superintendent Loxi Jo Calmes spoke and thanked the MSBA for the phone conference information which was given and said that it shed some light on an area which is not always totally illuminated. She feels that these enrollment numbers are the right size for this project and as Superintendent she has certified that this is the correct design enrollment. Mr. Alonzo asked Mike Mackin, School Building Committee Chairperson, if the School Department and the School Building Committee were comfortable with the 820 enrollment number. Mr. Mackin replied that he was completely confident with that number. He commented in saying that if they build the building too large it is done so at the tax payer's expense. Mr. Alonzo thanked the MSBA for the informational phone conference and said that it eased the minds of those who were concerned with the enrollment number. Mr. Alonzo read the MSBA Design Enrollment Certification document and asked for a motion from the board. Mr. Matthews moved to accept and endorse the MSBA Design Enrollment Certification for the Town of Lunenburg, Lunenburg High School. Mr. Ebersole seconded for discussion. Discussion: Mr. Ebersole stated that he appreciates the efforts of all those involved in the conference call but reiterated his disappointment that the MSBA did not want to meet with the BOS at a public meeting. He believes that the enrollment process should be open and transparent. He has a greater comfort with the 85% utilization factor and for that reason he will be willing to vote for this. Ms. Bertram echoed Mr. Ebersole's statement and said that she tried to access the MSBA's website for the enrollment information and it was not available. Although she appreciates the time, effort and information which was received with the conference call, she wished that it could have been shared in an open forum. Being no further discussion, Mr. Alonzo called for a vote. On vote, motion carried, 5 in favor, O opposed. Mr. Alonzo asked Mr. Mackin and Ms. Calmes what the next steps in this process will be. Mr. Mackin replied that they have a submission to the MSBA coming up of the schematic designs along with the cost estimate on the last week of this month. The MSBA will then do a review and at their meeting in November they will vote on accepting the project which will approve the next step of bringing this to Town Meeting to request funding. Assuming a positive response from the MSBA we will be looking for a Town Meeting vote in either late December of early January. RECEIVED & FILED 2. Minutes/Warrants/Action File Issues SEP 1 1 2013 LUNENBURG TOWN CLERK OFFICE ===PAGE 3=== RECEIVED & FILED Minutes: 8/20/2013 SEP 1 1 2013 Warrants: Water Billing Warrant 9/3/2013 #11-14 8/2/2013 #12-14 8/27/2013 #5P14 $5520.03 $230,147.15 $277,764.68 $569,723.08 Action File Issues: Ms. Bertram mentioned that at a previous Planning Board meeting a property on Holman St. was discussed where it was determined that no action was needed by the Planning Board and that it was being looked at by the Land Use Departments. She questioned if this was the Open Space Committee and would like to know where we are with that process. She believes it has not been taken out of Chapter and would like feedback from the Open Space Committee so they can act quickly. Mr. Alonzo replied that he was at the Open Space Committee meeting where respective members of the Conservation and Planning Boards were going to take this back to their commissions. They also would like to have a joint workshop meeting with the BOS to discuss that property. The property is openly up for sale right now, the Right of First Refusal has not been triggered, and we are working on being prepared for when that does happen. Ms. Bertram believes that Planning Board she be looking more closely at this project, from a planning perspective. Mr. Ebersole asked Ms. Speidel if the Annual Town Audit had begun. Ms. Speidel replied that we are audited on an annual basis, the Auditors were in to do preliminary work in late spring, and it is typical that the audit is finalized in print by November. She will investigate further with the Town Accountant as to where they stand now. 3.Committee Report: Board of Health; Building Reuse Committee; Capital Planning Committee; Finance Committee; Library Board of Trustees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission; MA Broadband: Board of Health - No Report Building Reuse Committee - Mr. Toale reported that they will be meeting on 9/16/2013 at 6:30PM at Town Hall. Mr. Matthews asked Mr. Toale about one of the options of reusing the Passios building as a Municipal building and if they were looking at this as a low cost minimal renovation or a major renovation. Mr. Toale replied both. This is two of the four options they are looking at and the others are total demolition or to find an alternative use up to and including a use other than Town owned. Capital Planning Committee - Mr. Toale reported that the Capital Planning packages went out today to all Department Heads along with a schedule for their return. Finance Committee - Mr. Toale reported that this committee is working on their fiscal policies and the next meeting will be on 9/12/2013. Library Board of Trustees- Mr. Ebersole reported that this committee will meet later this month. MPO- Ms. Bertram reported that MPO will be meeting next week. She mentioned that herself along with the Town Manager and the DPW Director met with the Massachusetts Department of Transportation (MassDot) last week to review the Summer St. proposal. They received good feedback and the project is moving forward on its projected timeline. Planning Board-Ms. Bertram stated that she was not at the meeting, although she did view it on YouTube, and the majority of the meeting was spent on the School Building presentation PACC- Mr. Ebersole stated that PACC will be meeting on 9/17/2013 and stated that in the BOS action folder is their July/August update along with a budget report. They are currently working on programming and are focusing on showing public meetings on YouTube. ===PAGE 4=== Ms. Bertram asked how long the information will be available for viewing on YouTube. Mir. Alonzo stated that they will ask that question to PACC. He also reminded the BOS that he would like to have a Workshop meeting with PACC in the fall to discuss what their coverage policies/processes are for public meetings and also to inquire what the procedure would be for someone from the public to post a program on that channel. School Committee- No Report School Building Committee- Mr. Matthews reported that the Architect/Designer firm will do a cost analysis of the school building project. The Construction Manager at Risk independently does the same and they will meet to work through it all as to what the best way to proceed will be. Sewer Commission- Mr. Ebersole reported that this commission met last Tuesday and that the Fitchburg IMA has been reviewed by their legal counsel and should be coming back to them fairly quickly with no additional surprises from that review. The commission participated in the Zoning Board of Appeals hearing on Lunenburg Village modification and what the impact of connection fees would be. Also discussed was the elimination of the privilege fee for the low income units in consideration of the sewer line and re-grading of Pleasantview Ave. Discussions continue with the Zoning Board of Appeals as to what will be economically feasible. The commission continues to work on their Policies & Procedures and will have legal counsel review them so that they can adopt them. More that 2/3 of the vote has been received from the residents of Sunset Ave to extend sewer to that street. There are 11 positive votes out of 16 that were returned for the Pratt St. extension. MA Broadband- No Report 4. Town Manager Reports or Department Reports: Ms. Speidel mentioned that the Leominster Casino project appears to be moving forward and that the BOS needs to discuss what if any impact this may have on the Town of Lunenburg. She has spoken with Glean Eaton from MRPC and asked it they will be determining what the impacts may be on surrounding communities. MRPC has done an impact analysis for the State and are willing to do one for individual communities. Ms. Speidel made a request to MRPC that they set up a meeting with interested communities as to what the process will be for determining impact on individual communities and they agreed to do so. Ms. Speidel will also discuss this with the Lunenburg Planning Director and it will be placed as an agenda item at a future BOS meeting. APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS 1. Candidate to School Building Committee: Discussed under Appointments. PUBLIC COMMENT - None EXECUTIVE SESSION - None Being no further business Ms. Bertram moved to adjourn the meeting. Mr. Matthews seconded. On vote, motion carried, 5 in favor, 0 opposed. Regular Scheduled Meeting adjourned at 8:05PM UPCOMING MEETING SCHEDULE September 10, 2013 September 17, 2013 RECEIVED & FILED Respectfully Submitted, Susan Doherty, Recording Secretary Board of Selectmen SEP 1 1 2013 LUNENBURG TOWN CLERK OFFICE ======================================================================================== DOCUMENT : 2013-09-10-agenda-4858.txt BOARD : select-board DATE : 2013-09-10 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-09-10-agenda-4858.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09102013-4858 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN September 10, 2013 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor AGENDA In accordance with the requirements of the Open Mee tings Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. 7:00 PM PUBLIC COMMENT ANNOUNCEMENTS APPOINTMENTS CURRENT BUSINESS 1. Town Manager’s request for Board to consider aut horizing Town Counsel’s involvement in MGL Ch. 59, Sect. 60 Complaint- Elections Law 2. Presentation of Sign Inventory; Update on Paveme nt Management Plan; Other Roadway Issues- Jack Rodriquenz, DPW Director & Wor ld Tech Engineering 3. Minutes/ Warrants/ Action File Issues 4. Committee Report: Board of Health; Building Reu se Committee; Capital Planning Committee; Finance Committee; Library Board of Trus tees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission; MA Broadband 5. Town Manager Reports or Department Reports APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS EXECUTIVE SESSION M.G.L. Chapter 30A, Section 21A [2], to conduct str ategy sessions in preparation for negotiations with non-union personnel and to conduc t collective bargaining sessions or contract negotiations with non-union personnel. Discussion of Town Manager’s Employment Contract renewal. UPCOMING MEETING SCHEDULE September 17, 2013 September 24, 2013 – Special Meeting