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DOCUMENT : 2013-09-10-minutes-4858.txt
BOARD    : select-board
DATE     : 2013-09-10
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-09-10-minutes-4858.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09102013-4858
========================================================================================

===OCR macOS Vision===
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BOARD OF SELECTMEN
MEETING MINUTES
9/10/13
The Board of Selectmen met in the Joseph F. Bilotta meeting,
Alonzo, Paula Bertram, Dave Matthews, Jamie Toale, Robert Ebersole, and Town Manager Kerry Speidel
Regular Meeting opened at 7:02 PM
7:00PM PUBLIC COMMENT
Mr. Ebersole mentioned that he was contacted from a resident with a complaint about service from Comcast
asking how it was decided that Comcast was the deliverer of cable service. Mr. Ebersole questioned when the
contract with Comcast was up to which Ms. Speidel replied that she believed it was in 2017 and that they
would have been the only company that responded to the Request for Proposal (RFP) at that time.
Mr. Alonzo added that this is a non-exclusive contract and that we do not deal singularly with one company.
Mr. Ebersole said that he encourages anyone with complaints file them at Town Hall so at the renewal point we
will be able to address them with Comcast.
Ms. Speidel added that if anyone has a current complaint with Comcast she would be happy to receive them
and pass them onto the government contact for Comcast.
Mr. Ebersole asked Ms. Speidel if other Towns have a definition of Liaison between committees as to what the
definition of Liaison is and what their duties are.
Ms. Speidel will investigate as to what other communities are doing.
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 - None
CURRENT BUSINESS
1. Town Manager's request for Board to consider authorizing Town Counsel's involvement in MGL Ch.
59, Sect. 60 Complaint- Election Law: Ms. Speidel read a memo which she had sent to the BOS regarding
the complaint of "Irregularities Concerning the April 30, 2013 Town Election". In the memo she recommended
that Town Counsel be authorized to participate in the investigation. She believes that there is a greater
interest at stake, that of the integrity of the Election itself and the Election process. Ms. Speidel has reviewed
this matter with both the Town Clerk and Town Counsel, and although the Town Clerk has not requested legal
assistance, Ms. Speidel is recommending that Town Counsel be authorized to participate in this investigation.
Joel Bard, Town Counsel from Kopelman and Paige, P.C. was present to answer any question pertaining to
this matter.
Mr. Alonzo spoke to say that the involvement of Town Counsel would be to protect the integrity of the Election
process for all of Lunenburg. He also emphasized that it should not be taken that Town Counsel is part of the
Secretary of State or Attorney General's investigation nor are they part of the defense of the Town Clerk or any
other parties mentioned in the complaint. They are here to monitor those things and report back to the BOS
those things that are of most interest to us in this case and to inform them of anything they may need to know
during and after the final conclusion is reached by the Attorney General. He stated that he supports the Town
Managers request for Town Counsel to participate in the investigation, to the extent that they need to be.
Mr. Ebersole asked what the approximate amount of cost to this would be.
===PAGE 2===
Mr. Bard replied that they don't envision it to be a lot of hours. We would only be an interface with the
Secretary of State's office. The Town Clerk has replied already to that office, we have seen her reply, so there
is no need for an investigation on our part. We will be talking with the Secretary of States office to assure them
that the elections are being carried out appropriately and act as an interface between their office, the attorney's
and the BOS.
Ms. Speidel spoke to say that if the board was going to authorize this that they establish a limit.
Mir. Ebersole spoke and asked Town Counsel to note that his recollection of what happened at the Election is
different then that of the Town Clerks response so that Town Counsel's comment saying that they would be
assuring that the Election was run properly is not the position of this board because we have not taken that
position one way or the other. He went on to say that he would be comfortable with the notion that Town
Counsel would be representing the Town's interest to find out what's going on and to monitor, but before you
take a position regarding the Election I would say that we need to have another discussion about that because
I have different information then what was provided to us tonight.
Mr. Bard responded by clarifying that he was talking about the integrity of the Electoral process but it's clear
that not everything was done by the books.
Mr. Matthews spoke to say that having a 3ª party involved is in important to keep the board informed of what's
going on and he does not see the board as taking a stand one way or the other and supports having Town
Counsel involved set within a budget that's comfortable.
Ms. Bertram asked Mr. Bard what he thought was a reasonable budget.
Mr. Bard replied that he thought it could be 5-15 hours, if it is done quickly.
Ms. Speidel spoke to say that she would recommend a budget not to exceed $3000.
Mr. Ebersole spoke and said that he has reviewed the Town Charter and there is a provision that states that
the Selectmen can ask the Town Manager to do investigations of various situations and at another time he
may want to have that investigation go on concerning this Election, but since the Secretary of State has
already done that, he is fine in deferring to that. He went on to say that as a Selectmen Board it is our duty to
make sure that all officials and committees in Town are doing what they are charged to do. He said that he
would be fine supporting this proposal as described tonight.
Ms. Bertram moved to approve the Town Manager's request that Town Counsel be authorized to participate in
the investigation concerning the MGL. Chapter 56, Section 60 Complaint, with a cap of $3000 for funding. Mr.
Matthews seconded.
Discussion: Ms. Bertram spoke to say that we have not discussed this as a board and the members may have
differing opinions. She thinks that the board needs to review the Town Charter to see what the board's role
would be in this type of situation, and once we get this decision we need to have that discussion.
Being no further discussion, Mir. Alonzo called for a vote. On vote, motion carried, 5 in favor, 0 opposed
2. Presentation of Sign Inventory; Update on Pavement Management Plan; Other Roadway Issues- Jack
Rodriquenz, DPW Director & World Tech Engineering: DPW Director Jack Rodriquenz along with Rich
Benevento and Mike Pompili, from World Tech Engineering were present to give a presentation of road sign
inventory and an update on the pavement management plan.
Mr. Rodriquenz began by explaining that the presentation would be given in 3 parts.
1. Work that has been completed for the Sign Mandate, through MUTCD (Manual on Uniform Traffic Control
Devices).
2. Enhancement of our existing Pavement Management Program.
3. Status report on the application for funding on the Route 13 corridor, which World Tech Engineering has
agreed to assist with.
===PAGE 3===
Mr. Benevento spoke and gave a brief history of what was driving the sign management program which was
retro reflectivity. He mentioned the computer program which is installed at the DPW which aides in identifying
non compliant street signs and also how this program could be integrated to help with the pavement
management program. This program can run from Micro Soft Office along with GIS Mapping and ArcView.
Mr. Pompili spoke and explained the Sign Program portion of the presentation which included sign size, font
size, colors and retro reflectivity. The computer program has revealed that 93% of the signs in Lunenburg, not
including street signs, are not compliant with State regulations, 36% passed on retro reflectivity, 17% are
obstructed and10% are not standard size.
Mr. Ebersole asked if this data base had the date or the fact that the BOS had approved the sign location to
which Mr. Pompili replied they did not do local ordinance compliance.
Mr. Ebersole asked if there was a listing of when we adopted the various ordinances.
Mr. Benevento answered that they did not do a local ordinance review in Lunenburg but recommends that they
do so.
Mr. Ebersole stated that we need to do a local ordinance review on when the Selectmen adopted them and
where the signs are located. He feels it should be fairly easy to add this information the data base. We need
to get this inventory, review it and ratify it as a board.
Discussion ensued among the board that they could not recollect ever adopting a sign placement except in
new larger developments. Accepting a sign is completely different the accepting a public way. The BOS will be
discussing this matter again at a later meeting.
Mr. Ebersole questioned street signs at intersections of main roadways such as Massachusetts Ave asking if
there are regulations on signage for them.
Mr. Pompili answered that there are no regulations but that the MUTCD recommends that there is signage at
these intersections.
Mir. Ebersole asked if when the signs are replaced is there a process to recycle the metal.
Mr. Rodriquenz answered that there is and that the money is returned to the Town's General Fund.
Mr. Benevento spoke on the Pavement Management goal which is to assign the appropriate "Repair Method"
to the applicable road at the proper time. He spoke on the financial benefits along with what the user
satisfaction would be while accessing this information from this computer program. All existing information that
the DPW uses will be integrated into the new data base which will be a substantial savings to the Town.
This system is also capable of isolating certain segments of road for separate analysis.
The cost for this program will be $11,700 and will be funded from left over Chapter 90 funds which is a good
investment for putting together a plan for this Town based upon the fiscal reality. All of the current information
that the DPW has on Excel concerning Pavement Management/Street signs can be intergraded into this
system fairly easy. Regarding the maintenance of this computer program it does not need updating by World
Tech Engineering, it is an Access program and can be done directly by the staff at the DPW.
Mr. Rodriquenz spoke in support of this program saying that it is great tool in addressing the pavement
management program for the Town. He believes that this is money well spent, it's a great Capital Plan tool
along with a budget tool, and is certainly something we need.
Mr. Alonzo spoke and said that for the DPW not to have GIS mapping of signs and the pavement management
plan would be a severe detriment. He is glad to see this because we need a "point and click" component of the
roadway system. His biggest fear is that this will give a really great illustration of what we don't fund, which will
colorize all of the things that need to be fixed in Town, that the Town does not want to pay for. He hopes that
this will enlighten people as to what we need and what we are asking for.
Mr. Benevento mentioned that another one of his fortes was to help Cities and Towns find money for road
projects. In addition to the Chase Rd project, once he's in Town, it's in his interest to help the Town find
money. Whether it's the TIP project or other funding programs its part of his job to bring this information to the
===PAGE 4===
DPW and the Town Manager to initiate the funding request process. Currently they are starting the process for
funding the Chase Rd. project and explained how the steps to do this works.
Mr. Rodriquenz mentioned that Ms. Bertram was instrumental in pursuing the funding for this project and that
Mr. Benevento is just as tenacious as she when it comes to procuring funds.
Ms. Bertram asked if the $11,700 includes the cost of integrating the existing data.
Mr. Benevento replied that it includes integrating the data you have. The reason that cost is where it is, if we
had to go out and inspect all the streets the price would have been doubled.
Ms. Bertram mentioned the speed limit signs and looking into whether or not we've gone through the proper
process with adopting them.
Mr. Pompili spoke to say that we did compare speed limit signs to other special speed limitation signs that are
on tile. I here are 16 speed limit signs town wide, 9 of which are compliant and 7 are not. Most of the signs out
there have been adopted and approved by MassDOT and there is one special speed regulation that was
adopted north bound on Electric Ave and there are no signs to support it.
Mr. Benevento added that the only one who can approve a special speed regulation sign being put up is
MassDOT and the Registry, then the Town would adopt that sign.
The BOS thanked Mr. Rodriquenz, Mr. Benevento and Mr. Pompili for their presentation this evening.
3. Minutes/Warrants/Action File Issues
Minutes:
9/3/2013
Warrants:
09/10
09/11
09/12
#13-14
#14-14
W6-P14
$279,175.13
$139,424.86
$642,252.22
Action File Issues: Mr. Matthews questioned whether or not any type of fee has been collected from the Track
& Field Association for future replacement/maintenance of the turf and track at the new field which was
discussed with the Park Department during the original planning of the facility. He believes that this will be a
significant cost and would like to know how the Town will be funding it.
Ms. Speidel replied that the meeting was a couple of years ago and the BOS did ask the Parks Dept. to put
together a proposal. The current operations and maintenance of the field is paid for through user fees but the
replacement of the turf has not been considered. It is Ms. Speidel's intention to put the replacement into the
Capital Plan and she believes the life of the turf was to expire around the year 2017.
Mr. Rodriquenz spoke and said they had one meeting at DPW with the Town Manager, the Superintendent of
the Schools, the Lunenburg Track & Field Association, Athletic Director and John Londa all in attendance. Mr.
Rodriquenz believes that the Track & Field will need to accept all kinds of activity in the future then it does
today. The life expectancy of the field will probably coincide with the completion of the School Building Project
but with all the extra activity it will exasperate the situation that's already there and currently it is in failure in
lots of places. He said that we are looking at around $700,000 to pull the turf up, replace with top of the line
turf, and resurface the track. He is concerned that if money is not earmarked for this project it will be ruined,
and after the School Building project is completed, nobody will have the appetite to spend more money on the
existing track and field. He does not see this as a Capital Plan project but rather as a component in the overall
School Building project.
Mr. Matthews asked Mr. Rodriquenz to please not throw out inaccurate numbers that may mislead the public.
Ms. Speidel spoke to say that the user fees are used to cover current upkeep of the facility and not to replace
the turf and track.
The concern with the Capital Plan is that in any one year we spend between $300,000 -
$600,000 and this is a $700,000 project.
It's going to be impossible to fund all of our Capital needs without
doing some borrowing. She is not suggesting it be done outside of the levy but in the next couple of years she
believes we will need to borrow within the levy to cover whatever portion of this turf project that is assigned to
===PAGE 5===
the Town as a whole. We will also be looking at replacing some of the Fire apparatus along with any number
of other things.
Mir. Alonzo spoke to say that we had met with the "then" Commission of the Park Dept. and the Chair at that
time said it was their intent, with the support of the BOS, to increase the user fees with a portion of those fees
to be put aside for the eventual replacement of the turf. It was clear back then that whatever was collected
would not be the $700,000 but there would be something. He would like to know if those increases were ever
put into place and if not, why wasn't that done, and are there any plans to do so.
Ms. Speidel replied that this has not been done and we need to task the Parks Commission to do.
Mr. Rodriquenz said that if had expounded upon numbers that were erroneous he apologizes.
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 - No Report
Capital Planning Committee - Mr. Toale reported that this board will meet on the 9/25 to start reviewing the
input from the Capital plans.
Finance Committee - No Report
Library Board of Trustees- Mr. Ebersole reported that painting has begun on the outside of the library.
MPO- No Report
Planning Board-Ms. Bertram reported that they had questioned the status of 925 Mass Ave to which Ms.
Bertram told them that the Town Manager was working on this matter. The Planning Board had received the
inventory of Town owned land from the Assessor and one of the properties listed was Lake Shirley.
Mr. Alonzo replied that we had discussed this in length a long time ago and it will not be discussed again
Ms. Bertram reminded the board that there is liability involved with owning a lake and although the Town of
Lunenburg accepted the dam, there is nothing that says the Town accepted the lake itself.
Ms. Speidel stated that this discussion was concluding when she began her employment with the Town and
there are numerous files and legal bills on researching this matter, which was all inconclusive.
is. Speidel stated that if the owner is unknown, it is always listed as "In care of the Town". She will contact
the Assessor for more information on this matter.
Also discussed at the Planning meeting was the Primary School building and what the plans are for it.
Mr. Toale spoke to say that he wanted to clarify that when people say that "there's nothing happening there"
there is something happening and it's a long process and that building is not part of the Charter of the Building
Reuse Committee.
Ms. Speidel stated that in respect to the Eagle Heights project she met with Jon Juhl, RCAP Solutions, and
Mass Development 2 weeks ago. They are looking at the feasibility of going forward with partial grant funding
from the State and tax credits.
Ms. Speidel has tasked the Assessor with putting together an appraisal on that property and has discussed
some sort of PILOT (Payment in Lieu of Taxes) for that property, which the developers are adamant thạt they
need.
Ms. Speidel reported that 925 Mass Ave is privately owned but as of 6 months ago they have not been able to
locate the owner. There is a tax title on the property that the Town could foreclose on and had an LSP
(Licensed Site Professional) looked at the property and prepare a proposal. She has not taken this further
because the Town does not own the property. She would like to pay the LSP a small retainer to go to DEP
(Department Environmental Protection), along with the Fire Chief and herself, to find out how they would
recommend the Town to proceed. For lack of time this hasn't moved forward and there are other items that
===PAGE 6===
are higher priority. Ms. Speidel would like to do something but it's complicated because we don't own it and
we're not 100% sure of the level of contamination. Ms. Speidel does not want any liability that the Town can't
afford at this time.
Ms. Bertram wanted to revisit a previous discussion concerning liaisons to other boards and asked the boards
opinions as to what they thought their definition was. Ms. Bertram interprets her role as liaison with the
Planning Board is to simply come back and relay information from the meeting so that the BOS are aware of
what's going on at the Planning Board level. She feels it's not her role to participate in their discussion unless
requested to do so.
Mr. Matthews stated that there was some confusion as to what membership vs. liaison is. As a member you
are a full voting member as liaison it's purely communication flow back and forth.
Mr. Alonzo spoke to say that when we took the task of assigning volunteers as liaisons it was with two
principals in mind and that was that the liaison would report back to this board anything that was of importance
that the BOS needed to be aware of and it was always with the understanding that not participating beyond
what you would be as a public attendee. If you have information that that board could use, you would be
acting as an individual and not representing this board.
Mr. Ebersole mentioned that to participate, it's at the time of the open discussion and not after every topic,
unless they seek your information. He would like a very simple job description for other board liaisons as to
what there duties would or would not be.
Mr. Toale stated that he agrees with all that was said and pointed out that there are two different roles, the
liaison role as BOS volunteers and there are some other boards that we serve on as members, and that should
not be confused.
PACC- Mr. Ebersole reported that their meeting is next Tuesday and the Town Manager is making
arrangements for them to meet with the BOS. The Architect and Construction Management Co. are doing a
cost analysis of the project, then compare notes and come to terms with what the best solutions will be.
School Committee- No Report
School Building Committee- Mr. Matthews reported that information/layouts of the proposed building project
were made available for viewing at the recent open houses held at the High School.
Sewer Commission- Mr. Ebersole reported that this board is working on finalizing there Rules and Regulations.
MA Broadband- No Report
4. Town Manager Reports or Department Reports: Ms. Speidel reported that a meeting with the Executive
Director of the Nashoba Valley Regional Dispatch along with the two Chiefs from Lunenburg will most likely be
schedule mid to late October. The Town of Harvard has yet to come on to the district due to issues of tying
them into the system via fiber, and the Executive Director is currently occupied with that situation.
Ms. Speidel reported that she has set up an initial meeting with the Casino Developer later this week and has
invited the Administrator in Townsend to participate. She is concerned with the potential impact of traffic on
the Rt. 13 corridor and would like to get a better understanding of the project. She believes that this project
has merit, but it is not a forgone conclusion that it will be licensed.
APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS
PUBLIC COMMENT - None
EXECUTIVE SESSION - Being no further business Mr. Alonzo stated that he would entertain a motion to go
into Executive Session citing M.G.L. Chapter 30A, Section 21A (2), to conduct strategy sessions in preparation
===PAGE 7===
for negotiations with non-union personnel and to conduct collective bargaining sessions or contract
negotiations with non-union personnel. This discussion is for the Town Manager's Employment Contract
renewal. We will not be returning to open session and the Chair so declares that.
Ms. Bertram moved to enter into Executive Session. Mr. Matthews seconded.
Roll Call Vote: Ebersole - Aye, Toale - Aye, Matthews - Aye, Bertram - Aye, Alonzo - Aye
Regular Scheduled Meeting adjourned at 9:05PM
UPCOMING MEETING SCHEDULE
September 17, 2013
Respectfully Submitted,
Susan Doherty, Recording Secretary
Board of Selectmen

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DOCUMENT : 2013-09-17-agenda-4859.txt
BOARD    : select-board
DATE     : 2013-09-17
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-09-17-agenda-4859.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09172013-4859
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========================================================================================
DOCUMENT : 2013-09-17-minutes-4859.txt
BOARD    : select-board
DATE     : 2013-09-17
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-09-17-minutes-4859.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09172013-4859
========================================================================================

===OCR macOS Vision===
===PAGE 1===
BOARD OF SELECTMEN
MEETING MINUTES
9/17/13
7441488 -
The Board of Selectmen met in the Joseph F. Bilotta meeting room at
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 spoke to say that contrary to what was published in the Lunenburg Ledger, he was not the one
that said the Town Election was not done by the book, it was the Town Counsel who made that comment.
Mr. Ebersole said that the General Bylaws as posted by the Town Clerk on the Town Website are not accurate.
He believes that the Bylaws should be taken down due to the fact that it is dangerous to have information that
is inaccurate and that it is better to have no information than information that is not correct.
Mr. Ebersole said that in preparing for tonight's hearing he had asked the Town Accountant for any payments
made to the establishment. Four payments were made by the Clerks office for food for elections and he
believes that this is a violation of the Ethics Law made by the Town Clerk due to the familiar relationship
between the parties. He stated that there maybe a breakdown in the system that would allow this to happen,
just as it did with the prior Superintendent of Schools. He would like to have a meeting with the Town
Accountant to go over what systems may need to be instituted. Mr. Ebersole would like everyone to be open
to concerns and complaints to remain transparent so everyone knows what's going on.
ANNOUNCEMENTS
M. Alonzo announced the schedule and dumping requirements for the Lunenburg Fall Waste Days at the
landfill off of Youngs Road, which will be on Saturdays, beginning October 12" through November 23 d
, 8AM -
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.
Mr. Alonzo announced that the Boys & Girls Club of Lunenburg is holding their Annual Charity Auction on
Thursday October 10th,
', at 6PM, at the Bull Run Restaurant in Shirley, MA.
Ms. Bertram asked to return to Public Comment to discuss the prior remarks made by Mr. Ebersole concerning
the Town Clerk. She said that she does not know what the circumstances were regarding the 4 payments for
food during the elections, but believes that it is a stretch to compare the similarities of the former School
Superintendent actions and the Town Clerks. She said that it is a different scenario then what happened with
the former Superintendent of Schools. She believes that these statements are inflammatory and would like to
find out the facts before we make any such statements. Ms. Bertram would like the BOS to contact the Ethics
Commission to see if there is any violation regarding this issue.
Mr. Alonzo commented to say that he agrees that equating someone who embezzled $450,000 for his own
purpose and someone who purchased $600 worth of food for Election workers is not on the same scale. He
urged and cautioned members of the board that those kinds of comparisons do not serve anybody well.
Although he welcomes transparency he said that we should keep things within scope and proportion.
Mr. Ebersole spoke to say duly noted, he did not mean to intend that the scale was the same but wants to
make sure that we have an accounting system that will catch these things as they happen and not depending
===PAGE 2===
upon comments that were shared with him by other people or by investigating himself. He went on to say that
he agrees with the intensity of that comment is not the appropriate connection, but rather it's the systems that
need to be fixed.
APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS
1. Public Weighers (at Keatings) - Robert Croteau & Bruce Walker (taken out of order after item #2): Mr.
Croteau and Mr. Walker were not present this evening.
Ms. Speidel explained that these are Annual Appointments for Public Weighers and these appointments are
made under section 4-2 (d) which is a Town Manager Ratification. The BOS had made these appointments
back in June but two of the individuals who were appointed are no longer employed by P.J. Keating. She went
on to explain the duties of the Public Weighers
Mr. Alonzo asked for a motion from the board.
Mr. Ebersole moved to approve the appointments of Robert Croteau and Bruce Walker as Public Weighers (at
Keatings). Ms. Bertram seconded. On vote, motion carried, 5 in favor, 0 opposed.
2. Council on Aging - Shirley Bertone, Tony Bertone, & Judith Tarbell (taken out of order before item #1):
Mary Lynn Conrad, Chairman of the Council on Aging, spoke to the BOS of the merits of the candidates for
appointment to the Council on Aging. The Council on Aging voted unanimously at there 9/10/13 meeting to
recommend them to the BOS.
Ms. Tarbell introduced herself to the BOS and said that she had previously served a full term on the Council on
Aging (COA). COA Bylaws require members who maybe interested in continuing to serve, take at least a 1
year absence from the board before serving again.
Ms. Bertone introduced herself to the BOS and spoke of the length of time she has lived in Lunenburg and how
much she enjoys the town. She hopes to be here for many years and wants to serve the COA for as long as
she can.
Mr. Bertone introduced himself to the BOS and spoke of his volunteer time at the Eagle House Senior Center
and said that he would like to further his volunteerism with the COA.
Mr. Alonzo thanked the candidates for coming forward and seeing that there was no further discussion from
the board asked for a motion.
Mr. Toale moved to approve the nomination of Shirley Bertone, Tony Bertone, and Judith Tarbell to the Council
on Aging. Ms. Bertram seconded. On vote, motion carried, 5 in favor, 0 opposed.
APPOINTMENTS
7:15 PM Hearing_pursuant to MGL C. 138, Section 23 to discuss alcoholic beverages license
#063600039, 324 Electric Avenue - Manager of Record. License holder is B&H Corporation d/b/a
Mickey Shea's: Mr. Alonzo read into record the hearing notice regarding Alcoholic Beverage License for B&H
Corporation, d/b/a Mickey Shea's, 324 Electric Ave Lunenburg MA. (see attached hearing notices)
Robert Herrick, Representing B & H Corporation along with Lindsey Achilla, Current Manager of Record at
Mickey Shea's came before the BOS to speak to this license hearing.
Mr. Herrick stated that he had purchased the business in "2010" from his former partner and was represented
by Counsel at that time.
In March of 2010 his former partner came before the BOS to apply for another
alcoholic beverage license for a new establishment and at that time they found out that he was still listed as the
Manager at Mickey Shea's. Mr. Herrick stated that he thought the attorney had filed for a change of Manager,
and he did not.
Mr. Herrick met with the BOS Secretary to take care of this matter, was told by her that he needed a check for
$200 made payable to the ABCC, which he generated on 3/9/2010. He submitted this check to the BOS
secretary and it was returned to him by the BOS office 10 days later, and he was told that he needed to file
through the ABCC. Mr. Herrick wrote a letter to the ABCC requesting a change in manager from his former
partner, Kyle Blood, to his new Manager Lindsey Achilla, who has always been the manager's designee. Mr.
===PAGE 3===
Herrick had no response from the ABCC and 3 months later Mr. Blood applied for and received a new license
from the BOS and ABCC, so he assumed everything was fine.
Mr. Herrick stated that he never wrote Mr. Blood's name down as Manager of Record but that he did endorse
renewal applications with Mr. Blood's name on them. Mr. Herrick stated that everything was filed appropriately
with the State and with the BOS Secretary and he assumed this was just something that was lost track of, and
that they have never been without a manager or a manager designee.
Mr. Alonzo asked Mr. Herrick when Mr. Blood was terminated as manager.
Mr. Herrick replied that everything indicates that he was taken off as manager on January 26, 2010, which was
the purchase date.
Mr. Alonzo spoke to say that there were numerous license renewals from this establishment dated 11/19/2012,
11/30/2011, 11/30/2010, all of which have Mr. Blood listed as the Manager with Mr. Herrick's signature on
them. He then asked Mr. Herrick why he would sign these applications with Mr. Blood listed as manager?
Mr. Herrick replied that he can't change the name, it can only be done by the BOS or the ABCC. Seeing that
he (Mr. Blood) had already received a new license, he thought it was a lag in paperwork.
Mr. Ebersole asked if this form is generated from the BOS office.
Mr. Herrick spoke to clarify that in over 30 years as a business owner he has never done a change of manager
form and that it was not a form but a letter which he sent to the ABCC requesting the name change.
Mr. Ebersole asked who the manager was during this time period.
Mr. Herrick replied Lindsey who has been manager's designee since "2006".
Town Counsel Attorney David Doneski was present and Mr. Alonzo asked him if the change of manager is
incumbent upon the licensee to provide by State law?
Attorney Doneski replied that each license holder under the statute must have a manager that is approved by
the local licensing authority, which is this board. It is also in the BOS regulations that no manager shall be
changed unless, and until, the board and the ABCC have approved. Yes it is incumbent upon the license
holder to request the approval for a change.
Mr. Alonzo told Mr. Herrick that it is his responsibility to apply through the proper channels for a change of
manager on this license. You yourself may not have the power to physically change the form, but by looking at
the form, before signing it, you saw that it needed to be changed, and you should have done that. We did not
approve this and by not doing that, not once but by 3 years in a row constitutes a false renewal application.
The fact that this has gone on for 3 years is a very serious oversight.
Mr. Herrick stated that someone gave Mr. Blood 2 licenses which can't be.
Mr. Alonzo spoke to say that what happened with Mr. Blood does not have anything to do with what's here.
That may have been a violation as well but right now we are talking about your establishment. The fact that
the ABCC gave him a license is a separate issue than not filing for a new manager and filing false renewals.
The BOS is who you go through to change the license, not the ABCC.
Mr. Toale asked Mr. Herrick if he had a copy of the letter which he sent to the ABCC to request the change of
manager to which Mr. Herrick replied no.
Mr. Matthews asked Mr. Herrick if he had a copy of the cancelled check which was sent to the ABCC and Mr.
Herrick replied that he only had the register which the check information was written in and had received
nothing back from them.
Mr. Alonzo asked Ms. Speidel if there was any record of Mr. Herrick coming to the BOS office to file for the
name change on the license back in "2010".
Mr. Herrick spoke to say that my former partner and I came here when he applied for a new license and he
could not get one because he was still listed on the license for my establishment, to which I said that evening
that I would handle, which I did by going to the BOS secretary, it came back to me 1 ½ weeks later and I was
told I had to apply to the ABCC, which I did. Two months later my former partner got a license so I assumed
all of the paperwork had been taken care of.
===PAGE 4===
Mr. Ebersole questioned if he received a letter from the BOS secretary regarding the return of the check.
Mr. Herrick replied, no, she called me and I came and picked it up.
Ms. Speidel spoke to say that she just looked through the file from "2010" and she did not see anything in the
file on this matter. When there is a change of manager it happens here and I'm not sure why anyone would
direct Mr. Herrick to the State, I'm not saying that they didn't, but I don't know why that would have occurred.
The local licensing must approve any license before the ABCC will take it up and it would have been returned
here.
Ms. Bertram asked Mr. Herrick who told you to file with the ABCC.
Mr. Herrick replied the secretary.
Ms. Speidel said that she remembered the discussion when Mr. Blood was here asking to be removed and Mr.
Herrick said that he would file the application, and it doesn't appear that it happened. There may have been
some confusion, the same person is handling the liquor license applications as has been for a number of
years, this is a little different where you have a manager coming off and opening his own establishment. In any
event if he was told to apply with the ABCC, the directive would have come back from the ABCC that it would
have to be handled here. We in the BOS office did not follow up with the licensee either.
Mr. Alonzo asked Mr. Herrick if he sees the position that the BOS is in and the gravity of the situation of the 3
renewal applications to which Mr. Herrick replied that he did and that he takes responsibility for that.
Mr. Alonzo stated that he found there had been 4 violations with B & H Corporation.
1. Failure to notify the licensing authority of a change of manager of record at the establishment.
2.
Violation of supplying false information on the renewal of the application dated 11/2010.
Violation of supplying false information on the renewal of the application dated 11/2011.
4. Violation of supplying false information on the renewal of the application dated 11/2012.
Ms. Bertram moved to approve the violation findings as presented by the Chair. Mr. Matthews seconded. On
vote, motion carried, 5 in favor, 0 opposed.
Board members next discussed what type of penalty should be levied upon the establishment.
Ms. Bertram spoke to say that she felt that this was a serious offense and that a written warning should be
given along with a 1 day suspension of the liquor license due to the fact that there would be loss of wages for
the employees there.
Mr. Toale spoke and said that he echo's his colleagues statements but would like to see a 2 day suspension of
the liquor license.
Mr. Alonzo spoke to say that he thought it was imperative to the process that people signing applications for
renewals, whether it is by neglect or disregard, is serious. He went on to say that this jeopardizes the whole
process, as well as failure to follow our own Bylaws that are required and are stated clearly on the license. Mr.
Alonzo said that he does not agree with his colleagues that a warning or 1 day suspension does anything to
prevent anyone from doing this again. Mr. Alonzo said that he would like to see at least 2 days per incident or
at least 6 business days for this incident. He said that he understands that the employees would be affected
by this violation that they had nothing to do with, but it is important that we keep the whole intent of the Bylaws
and Mass General Laws to begin with.
Ms. Bertram spoke to say that this is an establishment that has been in business for a long time, there is not a
string of violations, but also agrees that this is serious. She mentioned that the BOS has seen notices taken by
the ABCC for other establishments in town where suspensions were ordered then lifted subsequent. It's rare
that an establishment has been closed, and in all the years that we have been a licensing authority she is only
aware of one establishment which the BOS had actually closed. She went on to say that a 1 day suspension is
a financial burden on the business but if you go on to 2 days it would be too severe considering it would cost
===PAGE 5===
lost wages or perhaps unemployment for the employees. We need to weigh what our objective is and our
objective is to send a message that when you sign a license renewal you are certifying that the statement is
true, and moving forward this does send a message to other individuals who hold a license. I would be willing
to go to a 2 day suspension but would be opposed to anything longer.
Mr. Ebersole spoke and said that the object of the license regulation that this commission adopted is the
prevention of violations and violations will be prevented because regulations will require the license holder to
operate with a clearly defined higher standard. He went on to say that his concern with going with a higher
number is that if the last time this Licensing Commission adopted, was a 3 day revocation for failure to réport a
crime, which Mr. Ebersole considers to be a serious criminal action and this is more of a civil. He believes that
the penalty should be less than 3 and would recommend a 2 day suspension on this incident.
Mr. Matthews stated that he would agree with 2, but personally he thinks it's inadequate. He does not believe
that closing necessarily means that employees don't get paid, that would be entirely up to Mr. Herrick and how
he operates his business.
Mr. Alonzo spoke to say that he is not insensitive to the employees but what would a business owner have to
do to constitute a higher penalty, where the employees would not outweigh that. He remains sensitive to the
fact this might result in lost wages to the employees and it that had nothing to do with them. He went on to say
that keeping the integrity of the whole system and the Bylaws in place is important, and to him providing false
information is serious. Mr. Alonzo stated that on the record, this warrants a more serious suspension because
of the number of violations, the length of time that they went on for, and that it wasn't even the licensee who
caught this to end it all.
Mr. Alonzo asked for a motion.
Ms. Speidel reminded the board that included in the motion you identify when the suspension should be
served.
Mr. Alonzo added that the suspension of the license does not mean the establishment must close but rather
that it cannot serve alcoholic beverages during the period of the suspension.
Mr. Matthews moved to suspend the license of B&H Corporation d/b/a Mickey Shea's to serve alcohol on
Friday October 18, 2013 and Saturday October 19, 2013. Mr. Toale seconded. On vote, motion carried, 4 in
favor, 1 opposed (Alonzo).
Ms. Speidel informed Mr. Herrick that a letter will be sent him stating that he will need to physically bring his
license to Town Hall to be held during the duration of the suspension, and that it will be able to be picked up
immediately after the suspension is served. If this should happen after hours it will be available to be picked
up at the Police station.
Mr. Alonzo reminded Mr. Herrick that there are other procedures in the Town Bylaws that need to be followed
during this suspension.
Mr. Herrick agreed to do so.
CURRENT BUSINESS
1. Review & approval Earth Removal Permits, see attached list: Ms. Speidel spoke to say that these
permits are renewed every year and she read into record each permit (see attached list). Ms. Speidel also
mentioned that the Building Inspector/Zoning Officer goes out to review each site on an annual basis. He has
submitted his report and found that all gravel permits which he had inspected were found to be orderly and
kept in a safe condition.
Mr. Matthews spoke to say that the Building Inspector/Zoning Officer had two more listings which were not
included on Ms. Speidel's list which were #5 & #31
Ms. Speidel replied that those are inactive and have not applied for renewal.
===PAGE 6===
Ms. Bertram questioned the grading of Permit #32 Raymond A. Powell Jr.: "No activity since last year, Pit is
now 95% vegetated." She asked if that grading was to be required if the pit went inactive or is it because the
pit has not been exercised in a period of time.
Mr. Alonzo replied that he believes if it is being called a pit, it is not inactive, but simply not used in a while, and
that's why the vegetation is growing there. He went on to say that the applicant has asked for renewal, so he
is asking that it be kept open, even though they are not using it at this time, but perhaps will in the future.
Ms. Speidel mentioned that all permit holders listed are current on taxes and the Treasurer/Collector had sent
a memo confirming that.
Mr. Ebersole questioned if the board had discussed closure plans for any of the applicants who did not wish to
renew.
Ms. Speidel replied not to her recollection but will research the file to see how long #5 & #31 have been
inactive.
Ms. Bertram said that in regards to the grading on Permit #8 which said it was restored 100%, there has been
activity in that pit during the last year and that about 100 yards of material had been removed, which is minimal
compared to the other permits.
Mr. Ebersole spoke to say that he was not going to recommend any holds on any of the permits because of the
information provided but thinks that the board should conduct a workshop to revisit the Earth Removal Bylaw to
make sure that "at the end of the day" there are standards for a property to be closed properly so it would be
suitable for the environment.
Ms. Speidel spoke to say that she had just reviewed the file and permits #5 & #31 were not renewed last year.
Mr. Alonzo asked for a motion on the Earth Removal Permits.
Ms. Bertram moved to approve all of the Earth Removal Permits identified by the Town Manager
Matthews seconded. On vote, motion carried, 5 in favor, 0 opposed.
2. Minutes/Warrants/Action File Issues
Minutes:
9/10/2013
Mr.
Warrants:
#15-14
$675,441.45
Action File Issues: None
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 - Mr. Ebersole reported that the BOH met last night and most of their work has been around
the lakes in the community (Hickory Hills & Lake Shirley) dealing with installations of wells.
Building Reuse Committee - Mr. Toale reported that they met last night where all of the task team brought in
their thoughts which included their preliminary plans. Their next meeting will be on 9/30/13.
Capital Planning Committee - Mr. Toale reported that they will meet tomorrow at 10AM where they will begin
review of Capital Planning submissions.
Finance Committee - No Report
Library Board of Trustees- Mr. Ebersole reported that they will meet on Thursday and have sent out a notice
stating that the recession has pushed people to local libraries which has increased the use, which has affected
the Lunenburg Library.
===PAGE 7===
MPO- No Report
Planning Board- No Report
PACC- Mr. Ebersole reported that tonight's meeting was cancelled and that they are planning a Workshop with
the BOS on October 15t
'. There is an Open Meeting Law complaint that needs to be resolved as well as
meeting for several years without a quorum.
School Committee- No Report
School Building Committee- Mr. Matthews reported that members have attended the open houses at the
schools to relay information/layouts of the proposed building project for viewing and to answer questions from
the parents. Right now they are trying to get as much information out to the public as they can between now
and January.
Sewer Commission- Mr. Ebersole reported that their major item is the IMA (Inter Municipal Agreement) review
with Fitchburg has been completed by both Fitchburg and Lunenburg. Next it will be sent to the BOS Chair &
Vice Chair for review and comment.
Ms. Bertram mentioned that they are in receipt of the review and feels it should be circulated to the rest of the
BOS for their comments.
MA Broadband- No Report
4. Town Manager Reports or Department Reports: Ms. Speidel reported that this fall, with our Chapter 90
allocation, there will be work done on the following areas:
•
Northfield Rd from Route 13 to just beyond Settler's Crossing Golf Course
Route 13/Northfield Rd. to Gilchrest St.
White St. from Mass Ave. to the Fitchburg line (dependent on timing and funding)
• Crack sealing on Pratt St., Memorial Drive, Robbs Hill Rd., Graham St., Hillside Drive, and Sunset Lane
The cost of this work will be approximately $34,000.
Ms. Speidel spoke and encouraged people to get Flu Shots early. Currently Lunenburg does not have a Flu
Clinic scheduled but there are clinics elsewhere which are available to Lunenburg residents through the
Nashoba Associated Boards of Health. Information is available on their website and there will be clinics
scheduled within Lunenburg as well.
Ms. Speidel updated the board on the proposed Leominster Casino. She reported that she did some research
and met with the casino applicant, Cordish Company, last week to find out what if any impact the casino could
have on the Town of Lunenburg. The Town of Lunenburg has been notified by the Gaming Commission that it
is potentially considered a surrounding community that could be affected by a casino in Leominster. Of
particular interest is the Rt. 13 corridor from the New Hampshire border, through Lunenburg, to Leominster.
The developers research suggests that approximately 100,000 people will be coming from the New Hampshire
border down that corridor which their data shows would be approximately 20 cars per hour, which is fairly
insignificant.
She has asked the developer to forward any traffic information to her office and contacted Senator Flanagan to
inform her that the request was made.
Ms. Bertram asked if MRPC (Montachusett Regional Planning Commission) could be utilized for compiling any
traffic data for this project.
Ms. Speide! replied that they are willing to help but at this point the review has been limited to identifying
particular roadways and intersections that the applicant should be looking at. They have identified Rt. 13, but
It's at the bottom of the list. There is a tight timetable to look at this, but it looks like the traffic impact would not
be significant to Lunenburg.
This project will provide approximately 600 full time jobs along with a projected 600 jobs for the construction
phase.
If the project is approved, the application is due the beginning of October 2013 and the Gaming
Commission will make their decision on which community will be issued the license at the end of this calendar
===PAGE 8===
year. Estimated permitting time is 6-7 months, the construction estimate is 12 months, and they are looking at
opening the facility in mid "2015".
Ms. Speidel added that the City of Fitchburg has hired special counsel to negotiate an agreement with this
developer for mitigation on impacts that this project may have on that city. Ms. Speidel believes that special
counsel is paid for by the developer. She has contacted Mayor Wong's office in Fitchburg to find out what
prompted the city to do that, but has not heard back from them as of this meeting.
Ms. Bertram spoke to say that 20 cars per hour seems like a low count to her and feels it is imperative to
involve MRC as soon as possible, due to the short timeline, to look at the data to see if they agree. If they do
not agree, we need to look into the possibility of hiring special counsel, we are in the 30 mile radius and there
is a potential for traffic involvement.
Mr. Ebersole spoke to say that during certain times of the day people avoid the Rt. 13 corridor due to traffic
backups. These people use Highland St. to Main St., into the center of Lunenburg and onto Leominster Rd. or
Lancaster Ave, along with Pioneer Drive for access to Rt. 2 and Rt. 190. This will affect the traffic in the center
of Lunenburg and also at the stop signs in these various locations where traffic backs up during certain times
of the day. He said that he agrees with Ms. Bertram and that this will move from one road to another to find
the path of least resistance.
PUBLIC COMMENT - Mr. Matthews noted that the Ritter Building has been roofed, the Library is in the
process of being painted and this is our tax dollars at work. We voted at Town Meeting last year to maintain
our buildings and this is important because it is an investment of people's tax dollars. He mentioned that the
Town Hall building is a mess and it is included in the Building Re-Use Committees research and will be
addressed. He thanked the Town Manager and the Facility staff for getting the projects done.
David Rogers, 82 Highland St. spoke to the BOS about his concerns with the traffic on Highland St. He
echoed Mr. Ebersole's concerns and invited the entire board along with the Chief of Police and Officers for
coffee at his home during peak traffic times on that street.
Mr. Rogers continued on to say that he had 3 administrative items to discuss with the BOS.
The tirst concern was with the individuals that are appointed as Sealers of Weights and Measures for the P.J.
Keating Company, although they are fine people, we have employees of P.J. Keating weighing the product that
the company is selling to an independent contractor that uses their scale, so they can be charged by P.J.
Keating for the goods that they receive. Mr. Rogers believes that there may be a conflict here.
He went on to say that he is using the name P.J. Keating, which is wrong. He is not sure if P.J. Keating Co.
has those licenses, it's the Old Castle Corp. that's running the P.J. Keating Co. He believes that administrative
details are important and are worthy for discussion.
Mr. Rogers then informed the BOS that Ray Powell had passed away years ago and a license was issued to
him tonight. He does not understand how this could be done.
Ms. Speidel responded that in regards to Powell Stone & Gravel, she was reading from a spread sheet, and
the license itself is listed to Powell Stone & Gravel.
She continued on to say that the Sealer of Weights & Measures for the Town is independent and he checks all
of the equipment that Keating's uses on an annual/semi-annual basis depending on what State Law says.
Public weigher's measure for accuracy on a day to day basis using equipment that has been certified by the
Sealer of Weights and Measures.
Mr. Ebersole requested that Policies & Procedures be put back onto the BOS agenda and also that a quarterly
review of the BOS goals be included.
EXECUTIVE SESSION - None
Being no further business Ms. Bertram moved to adjourn the meeting. Mr. Matthews seconded. On vote,
motion carried, 5 in favor, O opposed.
===PAGE 9===
Regular Scheduled Meeting adjourned at 8:40PM
UPCOMING MEETING SCHEDULE
October 1, 2013
October 8, 2013
October 15, 2013
October 22, 2013
Respectfully Submitted,
Susan Doherty, Recording Secretary
Board of Selectmen

========================================================================================
DOCUMENT : 2013-10-01-agenda-4860.txt
BOARD    : select-board
DATE     : 2013-10-01
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-10-01-agenda-4860.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10012013-4860
========================================================================================

===PAGE 1===
 
 
 
BOARD OF SELECTMEN  
October 1, 2013  
  6:00 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. 
 
6:00 PM  EXECUTIVE SESSION- JOINT MEETING WITH OPEN SPACE COMMITTEE, 
PLANNING BOARD & CONSERVATION COMMISSION :  MGL Chapter 30A, Section 21(a) 6, 
to consider the purchase, exchange, lease, or value of real property, if the Chair declares that 
an open session may have a detrimental effect on th e negotiating position of the public body. 
 
 
7:00 PM  PUBLIC COMMENT 
 
ANNOUNCEMENTS 
 
APPOINTMENTS   
7:00 PM – Nuisance Dog Complaint- Hearing regarding  complaint filed against William 
Beatteay, 890 Flat Hill Road, owner of “Dagan,” mal e Stafordshire 
 
8:00 PM – Green Community Task Force:  Fuel Efficie nt Vehicle Policy; Membership & 
Quorum Issues 
 
CURRENT BUSINESS 
1. General discussion regarding Open Meetings Law a nd/ or quorum 
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   
 
EXECUTIVE SESSION 
 
UPCOMING MEETING SCHEDULE                                      
  
October 8, 2013 
October 15, 2013 
October 22, 2013

========================================================================================
DOCUMENT : 2013-10-01-minutes-4860.txt
BOARD    : select-board
DATE     : 2013-10-01
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-10-01-minutes-4860.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10012013-4860
========================================================================================

===OCR macOS Vision===
===PAGE 1===
BOARD OF SELECTMEN
MEETING MINUTES
10/1/13
The Board of Selectmen met in the Joseph F. Bilotta meeting room at Town Hall as
Alonzo, Dave Matthews, Jamie Toale, Robert Ebersole, and Town Manager Kerry Speidel.
Not Present: Paula Bertram
scheduled with Tom
Regular Meeting opened at 7:10 PM
7:00PM PUBLIC COMMENT: None
ANNOUNCEMENTS: None
APPOINTMENTS
7:00 PM Nuisance Dog Complaint - Hearing regarding complaint filed against William Beatteay, 890
Flat Hill Road, owner of "Dagan" male Staffordshire: Mr. Alonzo opened the hearing and read the hearing
notice into record. He asked all people who were giving testimony this evening to stand, one at a time, and
• state their names.
Participants were:
William Beatteay, 890 Flat Hill Rd
Patricia Beatteay, 890 Flat Hill Rd.
Sabrina Ramondelli, 599 Reservoir Rd.
Sam Ramondelli, 599 Reservoir Rd
Kathleen Comeau, Animal Control Officer
Chief of Police James Marino
All persons testifying this evening were duly sworn in by the Chair and he outlined the hearing procedure for
the participants. He went on to explain that the board will be deliberating on whether or not the dog should be
considered a "nuisance" or a "dangerous" dog.
Ms. Speidel read in to record the notice which was sent to Mr. Beatteay on September 19, 2013 along with th...
official complaint which was made by Mr. Ramondelli. (See Attached)
Mr. Alonzo spoke to say that according to the statute you can complain that the dog is a "nuisance" dog or a
"dangerous" dog and clarified that this actually is a "dangerous" dog complaint.
He than asked the
complainant to come forward to give their account of the incident.
Sabrina Ramondelli, 599 Reservoir Rd. gave testimony on her version of the incident explaining that on July 5t
at approximately 9:30AM she was with her friend Nick Jones doing pull-ups on a bar in the trees in the back
yard when they saw Mr. Beatteay on the upper deck of his home. She stated that Mr. Beatteay invited them up
. to the deck for a better view of damage which was done to his boat the day before. As they neared the stairs
to the deck she saw the dog, which was on a run that was long enough to reach her. She said that the dog
charged to attack her so she turned and the dog bit her on the back and on her leg. Mr. Jones pulled the dog
off of her, she proceeded to run up the stairs and told Mr. Beatteay that the dog had bitten her and she needed
to go to the hospital. She said that everyone was in shock and she requested that they go back to Mr. Jones'
house where his father transported her to the hospital. Ms. Ramondelli explained the dog bites to the board
and said that she received 10 stitches on her leg and 2 stitches on her shoulder. She said that she did not
•think that the dog was going to bite her and does not want to see this happen to anyone else.
===PAGE 2===
•Mr.: Ramondelli presented pictures of the dog bites to the board.
Mr. Alonzo asked if there was a report from the doctor concerning this incident.
•Mr. Ramondelli replied that there is a written doctor's report but they forgot it at home and he will bring it to the
BOS office tomorrow.
Mr. Ramondelli testified that he was at home when the incident happened and received a phone call from Nate
Jones informing him that he was taking Ms. Ramondelli to the hospital and explained to him that she was bit by
a dog. Mr. Ramondelli contacted the dog officer who returned his call the next day. He was informed that the....
dog was not licensed in Lunenburg and did not have his rabies shots. He said that the physicians treating her
were in a dilemma on whether or not to treat Ms. Ramondelli for rabies or not, an infection had set in, and her
leg was lame for approximately 1 month. Thankfully she has healed but will carry scars for the rest of her life..-.
on her shoulder and leg. He went on to say that the dog officer informed him that the dog would be
quarantined for 10 days due to the fact that the dog did not have his rabies shot. He was told that when the
dog had been brought for rabies shots the dog had Lyme disease and therefore could not get them. He said
• that after the 10 day quarantine thankfully the dog did not have rabies.
Mr. Ramondelli went on to say that this was the worse day in his life, he does not know these people, and they
never received a phone call from them inquiring about the status of his daughter.
Kathleen Comeau, Animal Control Officer, read her report on her involvement with this case which included her
conversation with Patricia Beatteay, owner of the property, her investigation of the dog's medical/licensing
history and her conversations with Mr. Ramondelli. Ms. Comeau ended her report by saying that she
understands the frustration of both parties and thought it was a bad situation which has happened to good
people on both sides. (See Attached Statement)
James Marino, Police Chief, read the preliminary report which was made by Officer Robert DaCosta, (not
present this evening), which was the basis for a follow up investigation by Chief Marino. Included in the
report/narrative where statements from the defendants, complainants, and the witness were given on their
versions of what happened that day. Chief Marino also presented photos of the dog bites to the board: (See
Attached Reports)
Mr. Alonzo stated that he would give the board time to review the information that was presented to them by
the Chief and then give them the opportunity to questions the people who have already testified.
Mr. Alonzo asked Chief Marino in his interview with Mr. Jones, and with the defendants, you indicated that the
defendants said that Nick Jones was not supposed to be on the property, do you know why?
Chief Marino replied that Mrs. Beatteay did give some reasons why he wasn't allowed on the property, which
he did not record, and that she could speak to that question.
Mr. Alonzo asked Ms. Comeau, aside from this particular case have there been other complaints about this
dog?
Ms. Comeau replied that she didn't know the dog existed.
Mr. Alonzo asked for clarification concerning the dog not having a rabies shot because it had Lyme disease.
Ms. Comeau responded that it went into the Veterinarian sick at Shirley Animal Hospital with Lyme disease
which prevented them from giving him a rabies shot, and that's why the dog was unlicensed. After the
quarantine was up and the infection was clear the dog was given the rabies shot.
Mr. Alonzo asked if Ms. Comeau had called the Town in New Hampshire where the dog originally came from?
Ms. Comeau said she had and they told her that the dog was licensed up there until approximately 1 year ago,
which eased Ms. Comeau's concerns about rabies, and she believes that the dog has been in Lunenburg for:
over a year now.
William Beatteay, 890 Flat Hill Rd. gave testimony on his version of the incident. Mr. Beatty said that on July
5* he was up on his deck when he noticed Mr. Jones and Ms. Ramondelli on the lower part of his property
past the pull up bar walking towards his friend that was fishing on the dock. He told them that he had blown
himself up the previous night and not his boat, and they started heading his way. Mr. Beatteay went on to say
===PAGE 3===
that on the deck where he was sitting was a broken water tube hanging on the railing which blocked his view of
where the dog was and he did not witness the incident, although he could hear the commotion. He said that
Ms. Ramondelli was coming up the stairs and asked him for a ride to the hospital. Mr. Beatteay told the board
that he does not have a driver's license or vehicle so he could not transport her. Mr. Beatteay said that his
friend who is not here tonight saw it happen from where he was fishing.
Patricia Beatteay, 890 Flat Hill Rd spoke to say that she is the owner of the property and that when the dog's
rabies shot was due, he was not living with her. Ms. Beatteay's concern was with what she believes is the
inconsistency with the reports. Ms. Beatteay displayed different pictures of her property to the board which
showed the layout of her property. Ms. Beatteay said she is the owner of the property and never gave Ms.
Ramondelli permission to come onto the property, which she believes is inconsistent with Ms. Ramondell's
testimony. She mentioned that Mr. Beatteay's friend who was fishing on the property that day had a female
dog with him, which was in heat,that agitated their dog. She said that Mr. Beatteay did not invite them in but
rather asked what they were doing there. Ms. Beatteay said that the dog has a problem with his nails, they are
difficult to cut and can be very sharp which she believes that the wounds may have been scratch marks. She
said that he is a sweet dog, not her dog, but it is her property and she would like this matter to be treated fairly.
She also mentioned that Mr. Jones had been told before that he is not allowed on her property.
Mr. Matthews asked if the dog is always restrained.
Ms. Beatteay replied that the dog is never loose.
Mir. Matthews asked if the dog has a history of jumping on people.
Ms: Beatteay replied it's a habit, he doesn't do it all the time, but more so when there is a dog in heat and that
he has never injured anyone before.
Mr. Alonzo asked Mr. Beatteay how long he has had the dog.
Mr. Beatteay replied that he's had him since the dog was 8 weeks old and he got him in New Hampshire.
Mr. Alonzo asked why he restrains the dog.
Mr. Beatteay replied because he takes off and it's for his own protection. He also mentioned that the dog is not
neutered.
Mr. Alonzo asked Mr. Beatteay if he ever felt the dog would be a danger to anyone?
Mr. Beatteay replied, no, he's jumpy and when he meets new people I have to introduce him to them or he will
jump up on them.
Mr. Alonzo asked Mr. Beatteay to state again what the events were of that day.
Mr. Beatteay said that he looked down from his deck and he could see Ms. Ramondelli and Mr. Jones past the
pull up bar which was approximately 120' from him. He said he yelled to them "What are you guys doing?" and
then they came towards him. They walked down below where he couldn't see them and then he heard the
commotion and that's when Ms. Ramondelli came up the stairs. He did not see what happened because of the
tube that was hanging over the railing.
Mr. Toale asked Mr. Beatteay what the extent of his conversation was with them.
Mr. Beatteay replied I said I blew myself up last night, I did not say I blew up my boat.
Nicholas Jones, 878 Flat Hill Rd. came forward and was duly sworn in by Mr. Alonzo.
Mr. Jones spoke and said that they had walked over to use the pull up bar and while there they heard Mr.
Beatteay yell down to them "Hey check this out I almost blew the front of my boat off last night and you can see
it from up here" and that's why we headed over there.
Mr. Alonzo asked Mr. Jones did he (Mr. Beatteay) not say what he just said up here?
Mr. Jones replied no, he said I almost blew the front of my boat off last night.
Mr. Alonzo asked Mr. Jones whose property is this pull up bar on?
Mr. Jones replied it's on theirs.
Mr. Alonzo asked Ms. Ramondelli what caused you to go onto their proper?
Ms. Ramondelli replied I wanted to do pull ups, I didn't go anywhere near the water, I hadn't looked at the boat
and there was no one fishing. I knew there was someone else there because when the dog attacked me
another man came out from the pool room upstairs, I didn't speak to him and I didn't know who he was. The
===PAGE 4===
first thing Mr. Beatteay said to me was not "what are you doing" it was "hey I almost blew off the front of my
boat last night you can see it from the top deck".
Mir. Alonzo asked how long did the incident take, not from the time you were at the pull up bar, but from. the
time the dog attacked
Mr. Jones replied probably 6-7 seconds.
Mr. Alonzo asked for a final statement from the complainant.
Mr. Ramondelli spoke and said that the BOS has all the information, this is the first time he has seen these
people, he has never heard from these people, and don't insult our intelligence with nails. These are not nail
scratches you can see the dogs mouth marks on her shoulder and leg. He said he was disappointed beyond
words and would like the dog to be put down. We have a Connor Fund in this town which I am sorry for
Connor and his family because I almost had a Sabrina fund here. I don't think we'd be talking about this if
Sabrina was dead, I'm glad we are talking about it because she is alive. My daughter has scars that will live
with her for the rest of her life. Everything has surfaced since this dog attacked my daughter, how did the dog
get licensed in New Hampshire if the dog had Lyme disease, I would like answers. Don't come here on TV
and insult our intelligence about the dog's sexual habit. You have your pictures, report and my daughter does
not lie. The dog was not licensed and the dog officer told me that they could be fined. Nothing has happened
o the Thed or that lice
to these people or that dog since July 5" and that where my disappointment lies. You spell dog D.O.G not
• G.O.D, I'm here so that this does not happen to another Lunenburg resident.
Mr. Alonzo asked for a closing statement from the defendant.
Mr. Beatteay spoke to say that he was sorry that this whole thing happened and if she didn't come on my
property this wouldn't have happened. My dog has never done anything like this before and I'm sorry, that's it.
Mr. Alonzo asked if anyone from the public had any comments before he closes the hearing. There were
none.
Mir. Alonzo spoke to the board saying that Mr. Ramondelli does not have the Doctors report and if we want that
to be put into evidence, if we think it will sway this, then we will have to stay this hearing and continue it to the
next meeting. If you think we've heard enough we can close the hearing now and go onto deliberation.
Mr. Ebersole said that he was struggling with whether or not it would make a difference if we assume there is a
bite vs. a scratch, if we have the discussion based on that, and if we find something we could certainly recess
the hearing to a later date.
Mir. Toale said that unless there is something in the Doctor's report that is totally unexpected I don't believe a
report on it it was bite, scratch, or undetermined would sway my decision.
Mr: Matthews spoke to say that he would agree with that and thought it would not have a huge impact.
Mr. Alonzo spoke and said that he agrees and pointed out that everyone was properly notified that tonight was
the hearing so we can go ahead with deliberation.
The Chair then closed the Public Hearing and opened the board up for deliberation.
Mr. Alonzo pointed out that the first point of deliberation is to decide, because this is a dangerous dog
complaint, to either dismiss the complaint or we deem the dog a dangerous dog.
Mr. Ebersole asked for a definition of what a dangerous dog is.
Ms. Speidel said that she did not see anything that defined that and asked if the Police Chief or Dog Officer
could speak to that.
Mr. Alonzo said let the record show, because the Police Chief and the Animal Control Officer did not come to
the mike, that there is no official definition for dangerous dog, which leaves it up to this board to decide that.
Ms. Comeau spoke and said that she believes it is all under one definition because it's all under one general
chapter.
===PAGE 5===
Mr. Ramondelli spoke and informed the board that his wife was on her way to the meeting with the discharge
paper from the Doctor.
Mr. Ebersole said that he is struggling with this, knowing how a dog can act, a nuisance dog vs. a dangerous
dog seems to be a very strong word, and if a dog gives more than one bite, how do you define if a dog is
dangerous.
I'm not negating anything that has happened to Ms. Ramondelli but I'm struggling with the
definition, of a dangerous dog regardless of why someone is on a property or not. Our focus needs to be the.
activities of the dog not of other people. But if the dog is restrained on a property and someone goes onto that
property I question on whether the dangerousness continues.
Ms. Speidel pointed out that nuisance pertains to barking under the statue.
Mr. Alonzo invited Town Counsel up to provide a legal definition for the board.
Attorney Rick Holland, Town Counsel, spoke to say that the definition section appears to be in 136A of Chapter,
140 and read the definitions from the General Laws website as follows:
"Dangerous Dog", a dog that (I) without justification, attacks a person or domestic animal causing physical
injury or death; or (I) behaves in a manner that a reasonable person would believe poses an unjustified
imminent thereat of physical injury or death to a person or to a domestic or owned animal.
"Nuisance Dog", a dog that: (I) by excessive barking or other disturbance, is a source of annoyance to a sick
person residing in the vicinity; or (I) by excessive barking, causing damage or other interference, a reasonable
person would find such behavior disruptive to one's quiet and peaceful enjoyment; or (III) has threatened or
attacked livestock, a domestic animal or a person, but such threat or attack was not a grossly disproportionate
reaction under all the circumstances.
Mr. Ebersole spoke and said that based on that first definition and the facts of the case it is leading me towards
more of a dangerous finding than before.
Mr. Matthews spoke of the conflict of this case saying on the one hand the dog is restrained on the owner's
property and is not accessible to people who shouldn't be near the dog. The other side is that there is physical
injury to this girl, questionable if it is a scratch or bite, we'll see what the Doctor's report says. If a dog is göing
to playtully jump on somebody, or in another manner and do damage to them, that is of concern. In
consideration of potential for biting I am inclined to deem the dog dangerous and caution what the next steps
would be.
Mr. Alonzo asked Attorney Holland to read again #3 of Nuisance dog definition.
After this was read Mr. Alonzo spoke to say the reason why he asked that, between #3 of Nuisance and #1 of
Dangerous, as a dog owner, if I was to find the dog guilty of any of these classifications it would be #3 of the
Nuisance definition. From what I hear, especially from the injured parties own recounting, the whole thing took
6-7 seconds, that's how long it takes a dog to jump up and how long it takes them to get down. The injuries.
are horrible to look at but I don't see any other incident with the dog and no evidence of any other aggressive
behavior. The fact of who's on who's property is not terribly relevant to me because we are not going to come
to the bottom of the complainant saying that we were invited and the defendant is saying they were not.
Mr. Matthews added that you can find this dog dangerous and the remedies can be restrain and/or tether
which is the condition it is already in. Where the dog and the person was on the property is relevant to this
case, If the dog was restrained you have every opportunity not to make contact with the dog.
Mr. Toale asked what the differences were with the remedies between Nuisance and Dangerous.
: Mr. Alonzo said that there were 7 remedies, with the last one being that the dog be euthanized and you cannot
euthanize a Nuisance dog.
Mr: Toale went on to say that he is inclined to agree with Mr. Alonzo that it feels more like the definition of
Nuisance. The injury is severe but the activity of the dog is not overwhelming and how the owner keeps the
dog is a factor.
===PAGE 6===
Mr. Alonzo spoke to say that they had just been presented the hospital report and gave it to the board to
review which indicated that this was a dog bite.
After due and diligent discussion, Mr. Ebersole moved to have the dog deemed a Dangerous dog. Mr.
Matthews seconded. On vote, motion carried, 3 in favor, 1 opposed (Alonzo).
Mir. Alonzo read into record the options that the board has citing from Chapter 140: Section 157.
(!). That the dog be humanely restrained; provided, however, that no order shall provide that a dog
deemed dangerous be chained, tethered or otherwise tied to an inanimate object including, but not
limited to, a tree, post or building;
(II)
That the dog be confined to the premises o the keeper of the dog; provided, however, that
"confined" shall mean securely confined indoors or confined outdoors in a securely enclosed and
locked pen or dog run area upon the premises of the owner or keeper; provided further, that such
pen or dog run shall have a secure roof and, if such enclosure has no floor secured to the sides
thereof, the sides shall be embedded into the ground for not less than 2 feet; and provided further,
that within the confines of such pen or dog run, a dog house or proper shelter from the elements
(1II)
That when removed from the premises of the owner or the premises of the person keeping the dog,
the dog shall be securely and humanely muzzled and restrained with a chain or other tethering
device having a minimum tensile strength of 300 pounds and not exceeding 3 feet in length;
(IV)
That the owner or keeper of the dog provide proof of insurance in an amount not less than
$100,000 insuring the owner or keeper against any claim, loss, damage or injury to persons,
domestic animals or property resulting from the acts, whether intentional or unintentional, of the dog
or proof that reasonable efforts were made to obtain such insurance if a policy has not been issued
provided, however, that if a policy of insurance has been issued, the owner or keeper shall produce
such policy upon request of the hearing authority or a justice of the district court; and provided
further, that if a policy has not been issued the owner or keeper shall produce proof of efforts to
obtain such insurance;
(V)
that the owner or keeper of the dog provide to the licensing authority or animal control officer or
other entity identified in the order, information by which a dog may be identified, throughout its
lifetime including, but not limited
to, photographs, videos, veterinary examination, tattooing or
microchip implantations or a combination of any such methods of identification;
(VI)
that unless an owner or keeper of the dog provides evidence that a veterinarian is of the opinion the
dog is unfit for alterations because of a medical condition, the owner or keeper of the dog shall:
cause the dog to be altered so that the dog shall not be reproductively intact; or
(VIl) that the dog be humanely euthanized.
Mr. Alonzo opened up discussion to the board.
Mr. Matthews stated that he would be satisfied that the dog be restrained as he currently is, and make sure
that people entering the property know that the dog is excitable. As a "side note" he also suggested to the
defendant that he neuter the dog.
Mr. Toale stated that he agrees with both points made by Mr. Matthews.
Mr. Ebersole said that the only concern he has is removing the dog from the premises and how it would be
handled. Since we don't have a leash law in town, there should be some restriction on restraint when it leaves
the property. We are creating a record for this dog and we want to make sure that this does not happen again
in the future.
Mr. Matthews moved to implement option (1) and option (3) of Chapter 140 Section 157 as read by the Chair.
Mr. Toale seconded. On vote, motion carried 3 in favor, 1 opposed (Alonzo).
Mr. Alonzo gave his reasons for the no vote as being that he did not want the dog to be deemed dangerous
and also that the dog is already tied up.
===PAGE 7===
Ms: Speidel informed the defendant that an order will be drawn up based on the decision of the board this
evening and she then read the findings. She said that it will be sent to the defendant via Certified mail and told
him that he has 10 days from receipt of the order to file an appeal through the District Court.
Mr. Alonzo spoke to say that the Dog Hearing was concluded and thanked all who came forward this evening.
Troy Daniels asked Mr. Alonzo if he could ask the Animal Control Officer a question to which he replied not
now but in Public Discussion later.
8:00 PM - Green Community Task Force: Fuel Efficient Vehicle Policy; Membership & Quorum Issues:
John Londa, Director of Facilities for the School Department came before the board as a member of the Green
Community Task Force to discuss the adoption of a fuel efficient vehicle policy. (See Attached)
He explained that the policy would state that when the Town purchases vehicles in the future that fuel
efficiency be considered, recommendations would be given on what kind of fuel efficiency should be expected
as published by the Dept. of Energy Resources on the Green Communities website. Most of the Towns
vehicles would be exempt because they are heavy duty vehicles. This policy would only pertain to 4 vehicles
that the Town currently owns which are 2 sedans & 1 light pickup truck in the School Dept. and the Fire Chief
Command car. All vehicles would be inventoried once a year and this policy would require that all Town Depts.
that have vehicles bring forward a replacement plan within a 10 year period, through the Capital Planning
process. Of most concern is the Fire Chief Command Car which is a 2007 Expedition that currently gets 14
MPG and Mr. Londa recommended that it should be replaced with a vehicle such as a Jeep Grand Cherokee
which gets 18 MPG. He also touched on the Anti-idling Policy which states that no employee shall allow.
operation of the engine of a motor vehicle while a vehicle is stopped for a foreseeable period of time in excess
of five minutes, uniess such operation is necessary.
Mr. Londa stated that they did not expect any action on this tonight but they are looking to submit an
application for Green Communities Designation by October 30, 2013 at 5PM so they would like it approved
sometime in October by the BOS.
The Green Community will also be bringing to the BOS an Energy Reduction Policy sometime in the near
future.
Mr. Ebersole asked if the proposed policy was similar to what other communities have?
Mr. Londa replied that this is based upon a template that the Dept. of Energy Resources provides for
communities that are looking to establish themselves as Green Communities and that they (Lunenburg Green
Community) have modified it slightly.
Mr. Ebersole mentioned that if the policy that is to be voted on is substantial then all BOS members should be
present for the discussion. He felt that Ms. Bertram should be present for her input.
Mr. Alonzo stated that this has been discussed before and does not believe that Ms. Bertram's vote would
change the outcome.
Mr. Matthews moved to approve the Fuel Efficient Vehicle Policy. Mr. Toale seconded. On vote, motion
carried, 4 in favor, O opposed.
• Mr. Alonzo asked Mr. Londa if he was prepared to discuss the membership and quorum issue.
Mr. Londa replied that he was not.
Ms. Speidel spoke to say that when this Task Force was formed a couple of years ago alternates needed to be
appointed because so many people were interested in joining. As time has gone on and the Task Force has
moved into different areas not all of the positions are filled right now. We have a number of staff members that
serve as advisors and the Chair has asked that their status be transferred to a voting member. Ms. Speidel
does not feel it is appropriate to have staff people as voting members to committees. She understands the
concern and thinks it could be resolved by the BOS changing the membership. Currently there are 7
members, 4 appointed by the BOS and 3 staff advisors.
Mr. Alonzo stated that according to Town Counsel a quorum is considered a majority of the total membership,
whether those seats are filled or not. He then took the opportunity to make an appeal to the public saying that
===PAGE 8===
there are 3 openings on the Green Community Task Force and 3 openings on PACC and if anyone is
interested please fill out a talent bank form and apply.
Mr. Ebersole recommended that the BOS come up with a job description of what the Green Communities does
so if people decide to become involved they know what it entails and what qualifications would be helpful for
that committee.
Ms. Speidel said that they do have a charge which was approved by the BOS.
8:30 PM - EPG/NuGen Solar Project - West Street/Electric Ave; PILOT Agreement: Ms. Speidel spoke to
say. that there is a request before the BOS this evening for consideration of entering into a PILOT (Payment in
Lieu of Taxes) agreement for the project formerly known as the EPG project which NuGen will be purchasing.
Mr. Matthews requested clarification on the PPA (Power Purchase Agreement) with EPG before we discuss
this request. There is an indication that the new owner would not want to honor that agreement. We had a
Town Meeting vote which authorized us to sign PPA's and PILOT's. If there is not going to be a PPA for EPG
now known as NuGen on Pleasant St. then we have nothing to talk about. If there is no PPA then there is no
PILOT.
Attorney Holland, Town Counsel spoke and said that he has been provided with an assignment agreement that
• indicates that the PPA that the Town signed with EPG has been assigned to NuGen. As it stands now the
counter party under the PPA is NuGen and it's still a live agreement unless it can be terminated in accordance
with its terms or the parties agree mutually to terminate. NuGen has presented a PILOT agreement which is
virtually identical to the agreement which was done with the Chase Rd. project. The Representative from
NuGen is here to talk tonight about what could be a solution to the inability of EPG to build this project out
Attorney: Holland went on to say that he only knows what he has been told, and has no reason to disbelieve it,
The fact that EPG has assigned this agreement to NuGen indicates that EPG is unconfident that they are
: going to be able to build out this project by December 2013.
Dan Poydenis, Representative for NuGen Capital thanked the BOS for adding them to the agenda this evening
and updated the board on the Pleasant St. project. He went over the history of the Pleasant St. property which
is owned by Twin City Baptist and is in bankruptcy. In order to pull the property out of bankruptcy it needs to
be purchased, rather than leased and the purchase needs to happen before October 8, 2013. The
consequence is that there is now a purchase of land rather than a lease which is an additional $200,000 in cost
in land acquisition transactional costs. It became clear that the lease agreement would not work and is not
something that could contain site control for the project. Because we do have the other project in town and we
do have a PPA with that project as well as a second PPA with the North Central Mass Development Corp. we
are able to take those additional costs and amortize them over the two projects and not just one. We are able
to give the Town its full capacity as expected between the two projects albeit at one site, while allowing a
private entity to contract for 265 Pleasant St.
We are here asking for a PILOT that is taxed at the same rate as the other project in town and the result of this
would be that the town has the exact same capacity under PPA but at two separate sites which would be
owned by NuGen.
Mr. Matthews asked when it's all said and done, would we be getting all of our credits from the Chase: Rd.
property.
Mr. Poydenis replied yes but the same number of credits would be delivered to you.
Mr. Matthews spoke and said that the value of the credits will diminish when you combine them and we will
end up with the credit value we get from Chase Rd. vs. the better credit value that we were to receive from
West St.
Mr. Poydenis replied that the calculation of the credit would be different and explained the different rates along
with how the Town could benefit from this along with the risks that could be incurred. He said that the net-
benefit to the Town could be greater due to the fact that they can build to full capacity on both sites. The
Town's taxes are linked to the capacity that is built as are the permits also.
He said that bottom line is we don't think that the existing PPA can be honored considering the deadline to
reach operation is 12/31/2013. In our estimation, that's just not possible.
===PAGE 9===
There are some regulatory restraints that make it complicated to have public and private PPA's on the same
parcels. This is the solution which has been cleanly approved by Unitil that would allow the Town to get the
exact same capacity it had previously, allow maximized increase to the tax base, and maximize the permits.
Mr. Matthews asked if any governmental net metering credits would be maxed out at Chase Rd.
Mr. Poydenis replied that is correct.
Mr. Matthews said that you are going to build the West St. site, and you have a private deal with somebody so
I'm not sure it has any benefits to the Town.
Mr. Matthews asked Mr. Poydenis why do you need a PILOT?
Mr. Poydenis replied that he thinks that a PILOT similar to the Chase Rd. project provides a level of certainty
with the Town and the Developer. He believes that the Assessor would say that the PILOT rate that is agreed
to in the Town is among the highest he has seen in the Commonwealth. There may not be a benefit to the
Town with a private PPA but there is certainly a benefit to the Town with taxes.
Mr. Alonzo stated that going back to Mr. Matthews original statement, there is no PPA between the Town and
NuGen for the Pleasant/West St. site because we are not buying any power from you there. We told the Town
that we would not enter into a PILOT if we did not have a corresponding PPA with the facility. If the PPA on
Pleasant/West St. goes away then we would not be entering into a PILOT, because the solar company. would
be on their own, they don't need the PILOT and we can just tax them. For the record | personally agree with
Mr. Matthews.
Mr. Matthews spoke to say that he cannot support a PILOT because he told the people of this Town that if
there was not a PPA that we would benefit from we are not going to do a PILOT and that's how it was voted at
Town Meeting. Until we have a further conversation with the Town to change it, we can't do it.
Mr. Ebersole asked the Chair if we would be able to negotiate a PILOT 1 year from now?
Mr. Alonzo replied if all the parties were still intent on doing it then yes.
Mr. Poydenis said that they would continue to work with the Town and come back sometime in the future for
another PILOT request.
Attorney Rick Holland spoke and clarified that the PPA contract is "still alive" and will expire in accordance with
• Its terms, if it doesn't get built out by 12/31/2013 it can be terminated or it could be mutually terminated before
that if that were the board's wish.
CURRENT BUSINESS
1. General discussion regarding Open Meeting Law and/ or quorum: Mr. Alonzo began the discussion by
explaining again the legal definition of "quorum". He added that if there are vacancies it does not change the
quorum requirement. He added that regarding the Open Meeting Law everyone on a committee /board,
elected or appointed are given a copy to review. He then asked to discuss if there were observed potential
violations of it, where and who do they get addressed to.
Mr. Alonzo began by saying that as far as posting or agendas, this should be addressed with the Town Clerk.
Mir. Ebersole added that the Town Clerk does not enforce, the Town Clerk receives and posts. If a committee
holds a meeting and did not post the Town Clerk is not authorized to enforce it. If the Town Clerk see's
something wrong with the posting, technically the Town Clerk does not have the duty to say this isn't right. He
said that he didn't believe that the Selectmen have the authority to do it and technically it should go to the
Attorney General. He went on to say that we should not be going to the State if we really don't need to but
rather we should come up with a process by which we let people know that there's a mistake, it needs to be
corrected, and follow up on it. Ultimately if it's not corrected, it will go to the Attorney General.
Mr: Alonzo stated that he believes that the enforcement of it lies solely with the Attorney General
Mr. Ebersole stated that the BOS leads by example and does a very good job of it. He commended the Town
Manager and the Recording Secretary for having improved clear agendas and for having minutes that are what
they should be. This is not happening consistently across the Town. He would like to require additional
===PAGE 10===
training for committees that the BOS oversees along with encouraging elected boards to do the same and if
someone does not do it on a committee that we appoint, we should not re-appoint them.
Mr. Toale spoke to say that he believes the point that needs to be made is the difference between willfu!
misconduct and just making a mistake. He feels that after reviewing the Open Meeting law the first step would
be to notify the body that isn't following open meeting law, as long as they make that public, acknowledge and
deliberate on the complaint, then remedy it, the communication with the Attorney General's office should only
be to say that we took care of it. Then we go to the next step.
Mr. Alonzo said that he would totally support that.
Mr. Ebersole spoke to say that we still have some committees that are not following the Open Meeting Law
and he considers this willful because they consistently don't do what they should do as a minimum. If you look
at their minutes you don't know what happened and if you look at their agenda you don't know what's going to
happen unless you attend the meeting and that necessarily does not match what's on the agenda.
His
concern is that the Open Meeting law is to eliminate much of the secrecy concerning deliberations and
decisions. We need to be creative in finding a way to inform these people that they are not doing it correctly.
Mr. Matthews added that there is a challenge in that because we are individually elected boards, when we are
talking about other elected boards and committees. There is a good reason why there is a separation of
authority and power between these boards. It could be a slippery slope if we get into a place where we are
enforcing the specifics of what other elected officials and boards are doing and it could quickly go the wrong
way.
Mr. Ebersole suggested that the first step would be to send letters, and be specific, to people informing them
that they need to do some things different and he would prefer not to get the Attorney General involved unless
needed. He recommended that when the BOS continues their discussion on policies that they add what we as
a board feel comfortable doing regarding the Open Meeting Law for the committees that the BOS supervise.
We do not have a process on how to deal with people who are not complying
Mr. Alonzo added that in a way we do have a procedure, by following the Open Meeting Law you would file a
complaint. If as you suggest before you get to that, we have a non-Open Meeting Law prescribed mechanism
that someone informally informs the board, then I can see that as a policy.
If we are just going to tile a
complaint that will force them to respond to the Attorney General then we don't need a separate procedure,
and it gets to frighten off people who may want to serve but are now nervous about getting involved for fear of
being penalized at the State level for not doing something.
Mr. Ebersole mentioned that there are also people who do not want to get involved because of what goes on at
certain boards and are unsure that there is a process where they can be protected.
Mir. Alonzo spoke to say that he agrees with that statement and we should have an informal policy along with
instructive materials on minutes and agendas.
Mr. Ebersole would like to see training with Town Counsel for the boards then for people who take the minutes
do additional training along with talking to administrative people as well.
Mr. Matthews mentioned that if there is a meeting that went on where obviously there was not a quorum, and
the minutes are accepted and posted, and if the Town Clerk is not responsible for enforcement, there seems
: like there is a disconnect there.
Ms: Speidel commented and said that she would be happy to speak to the Town Clerk about the enforcement
issue. She went on to say that she is regularly asked by the Town Clerk about items on the agenda and things
that appear in the minutes so she knows she is regularly reviewing our minutes and has pointed out things to
her that are not quite right and this has been very helpful.
Mr. Alonzo spoke to say that it's upon all as committee, board, commission members, whether elected or
appointed, that within your own committee you need to police that. If you are attending these meetings and
===PAGE 11===
feel that something wasn't posted, you make people aware of that. He believes the first line of action should
be an informal one, let people know and give them a chance to correct it, then take it from there.
2. Minutes/Warrants/Action File Issues
Minutes:
9/17/2013
Warrants:
#7P-14
#17-14
#16-14
9/23/2013
10/2/2013
10/1/2013
$640,474.99
$259,256.42
$329,939.04
Action File Issues: Mr. Matthews asked what was going on with the construction on Whalom Rd. He said there
are trenches with no signage or warnings regarding uneven pavement which makes it dangerous especially at
night.
Ms. Speidel replied that it is a Water District project and she will pass this along to the Superintendent. Also
mentioned was that the road opening permits have been delegated to the DPW.
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 - Mr. Ebersole thanked the BOH for posting their minutes but had no additional information
since the last meeting.
Building Reuse Committee - Mr. Toale reported that they met last evening and are making considerable
progress. Next meeting will be next Monday.
Capital Planning Committee - Mr. Toale reported that they will meet tomorrow morning and they will begin the
reviews of the budget submissions.
Finance Committee - Mr. Toale reported that the only agenda item was a tour of the Regional Dispatch facility
which occurred last Thursday.
Library Board of Trustees- Mr. Ebersole reported that this board met last Thursday where they talked about
budget transfers and will plan for this fiscal year so they can expend their funds in a timely manner. There was
an Open Meeting law issue concerning when they meet at the library, and the library closes while the meeting
is still in session. They will need to leave one door unlocked for people to be able to attend the meeting. The
library has been painted and all Town Depts. involved were thanked.
MPO- No Report
Planning. Board- No Report
PACC- Mr. Ebersole reported that the BOS will be meeting with PACC on October 15th
School Committee- Mr. Matthews reported that they met last week where they reviewed enrollments which
continue to decline. The Lacross team is moving forward and is being supported by fundraising. MCAS results
were reviewed and Representative Benson was at this meeting to discuss a State law which will allow towns to
establish stabilization funds for Special Education funding.
School Building. Committee- Mr. Matthews reported that they met last night and received estimates for
construction from both the Construction Manager, the OPM & Designer. Cost estimations at this point are
$74,235,771.00. The committee wants to stay under $75M. Expected reimbursement from the MSBA is at
have been doing lately. Our real reimbursement rate is just over 48%. The committee voted to accept this and
move it forward to the MSBA, where the MSBA will review and likely make changes. A sub-committee has
===PAGE 12===
been set up to go through line by line through the plan proposal to see where they can reduce building costs
The goal is not to compromise on the quality of the building but perhaps on the aesthetics or the fields.
Ms: Speidel added that preliminary discussions were held on the tax bills which if we were to pay back over 20
years, the impact to the average household would be approximately $650.00 and if it were 30 years it would be
$525.00 per year.
Mir. Matthews mentioned that he had gone to the tour of the Regional Dispatch and reported that they are in
good shape to set up with the 911 EMD. He explained that in dispatch, once you are on a medical call, you
can't come off of that call and no other activity could happen. We would have had to double up our staffing to
make that happen locally here. He reassured the public that our dispatch center is still being used as a backup
if needed. He also mentioned that another benefit of the Regional Dispatch is that they have a greater access
to grants then we would because we don't tend to qualify.
•Ms. Speidel added that the Regional Dispatch was just awarded over $400,000 in grant funding. The meeting
with the BOS, Regional Dispatch Director and the Lunenburg Police & Fire Chiefs should be happening at the
end of this month.
Sewer: Commission- Mr. Ebersole reported that this commission is continuing with the delayed finish of
Lancaster Ave extension, they have clarified their requirements for the Lunenburg Village 40B project, the
Fitchburg IMA is still progressing, Highfield Village behind Walmart has finally submitted a sewer plan, and
they are still seeking people for the Pratt St. extension.
MA Broadband- No Report
4. Town Manager Reports or Department Reports: No Report
APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS None
PUBLIC COMMENT - Mr. Ebersole mentioned that he had spoken with the Director of the Regional
Dispatch where he learned that 70% of emergency calls in Massachusetts are now coming from a mobile
device and if you are telling an E911 where you are, 70% of those calls don't do that. They are working on
improving that as well as dealing with texting to E911 to improve ways of communicating with E911.
Mr. Ebersole said that Ms. Bertram, Mr. Toale and himself attended the Unitil hearing where Ms. Bertram gave
a very impassioned plea and the Town was very well represented.
Troy Daniels, Main St. spoke to the BOS about his concern about a comment made earlier regarding
tying/chaining your dog out saying that there are some restrictions in General Law under Animal Cruelty about
this. He was hoping that the BOS or the Animal Control officer could look at this further at a later date.
Mr. Alonzo replied that the statue is very clear about what we cant do and the law says to "humanely" restrict
• the animal and they are talking about dog runs.
Being no further business Mr. Matthews moved to adjourn the meeting. Mr. Toale seconded. On vote, motion
carried, 4 in favor, 0 opposed.
Regular Scheduled Meeting adjourned at 10:30PM
UPCOMING MEETING SCHEDULE
October 8, 2013
October 15, 2013
October 22, 2013
Respectfully Submitted,
Susan Doherty, Recording Secretary
: Board of Selectmen

========================================================================================
DOCUMENT : 2013-10-08-agenda-4861.txt
BOARD    : select-board
DATE     : 2013-10-08
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-10-08-agenda-4861.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10082013-4861
========================================================================================

===PAGE 1===
 
 
 
BOARD OF SELECTMEN  
October 8, 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   
7:00 p.m. – Review of Mass Live! Casino project (Le ominster) and Surrounding Community 
designation status with Town Counsel 
 
CURRENT BUSINESS 
1. BOS Policies & Procedures 
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   
 
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                                      
  
 
October 15, 2013 
October 22, 2013

========================================================================================
DOCUMENT : 2013-10-08-minutes-4861.txt
BOARD    : select-board
DATE     : 2013-10-08
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-10-08-minutes-4861.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10082013-4861
========================================================================================

===OCR macOS Vision===
===PAGE 1===
BOARD OF SELECTMEN
MEETING MINUTES
10/8/13
The Board of Selectmen met in the Joseph F. Bilotta meeting room at Town Hall as scheduled with Chair
Person Tom Alonzo, Jamie Toale, Robert Ebersole, and Town Manager Kerry Speidel.
Not Present: Vice Chairperson Paula Bertram & Dave Matthews
Regular Meeting opened at 7:01 PM
7:00PM PUBLIC COMMENT: None
ANNOUNCEMENTS : Mr. Alonzo announced that the Lunenburg Fire Dept. will hold an open house on
10/19/2013 from 12-4PM at the Public Safety Building.
Mr. Alonzo announced the Boys & Girls Club Annual Auction will be held on 10/10/2013 at the Bull Run
Restaurant in Shirley from 6-9PM.
Mr. Alonzo acknowledged the Lunenburg Women's Club for their 100* Anniversary and asked the BOS if they
could present them with a proclamation at a future BOS meeting. The board agreed to do so and
congratulated the Women's Club on their longevity.
Lunenburg Police Chief James Marino spoke to the board about a car accident which happened at the
Lakefront in Whalom where a car had broken through a fence into the lake and was completely submerged
with the vehicle operator inside. He recognized three Lunenburg Police officers, Officer Chuck Deming, Officer
Deven O Brien, and Officer Peter Lekaditis for their actions of diving into the water and pulling the operator to
safety. These officers will be given commendations at a later date.
He also mentioned the actions of Lt. Scott Dillon and Fire Fighter Matthew Glenny of the Lunenburg Fire Dept
who also jumped into the water to assist as well.
Chief Marino also mentioned that he will be hosting a "Coffee with the Chief" on 10/19/2013 from 11AM-12
Noon. Coffee with the Chief is also held on Thursday mornings at the Public Safety Building.
Mr. Alonzo spoke to say that we have an outstanding Public Safety Dept. and this is just another example of
always. going above and beyond the call of duty. This could have been a fatality if it wasn't for the actions of
these individuals and he thanked them for their service.
APPOINTMENTS
7:00 PM - Review of Mass Live! Casino project (Leominster) and Surrounding Community designation
status with Town Counsel: Ms. Speidel introduced Attorney Jonathan Silverstein from Kopelman and Paige
and explained that Mr. Silverstein specializes in work in front of the Gaming Commission and he negotiated the
Host Community Agreement for the city of Leominster. She went on to say that Lunenburg is eligible to be
able to negotiate a Surrounding Community Agreement and has been granted an extension by the Gaming
Commission to do so by October 31, 2013. Other communities that are eligible are Lancaster, Townsend and
Westminster.
Mr. Silverstein introduced himself to the board and described his involvement with negotiating
Host/Surrounding Community agreements with the State. He went on to explain the application process for
designation as a surrounding community which requires that a community seeking to be designated a
surrounding community... shall submit a written petition to the commission no later than ten days after receipt
by the commission of the RFA-2 application. Mr. Silverstein had requested a waiver of the original submission
date of October 14" and was granted a new date of October 31st. This will allow a longer "window of
===PAGE 2===
'opportunity" for negotiations with the casino developer Cordish Companies. Mr. Silverstein has been working
with representatives of the potential surrounding communities, along with the Cordish Company, and they are
close to bringing an agreement to the board for review.
The proposed facility in Leominster is considered a Category 2 facility, which is approximately 110,000 square
feet. A Category 1 facility can be 10 - 15 times the size of a category 2 facility. They liken the trips per day
and square footage for a Category 2 facility to your average Wal-Mart.
He mentioned that the Gaming Legislation which was passed in November 2011 provided for the creation of a
Community Mitigation Fund. This fund is populated with a percentage of the gaming tax on the Category 1
facilities along with a percentage of all of the license fees. The license fee for Category 1 facilities is $85M and
the fee for Category 2 facilites is $25M. The Gaming Commission will be administering this fund and the
stated purpose of this fund is to help impacted communities receive funding to help mitigate the impacts above
and beyond anything that might be negotiated through host/surrounding community agreements.
Mr. Silverstein feels that after all the taxes and fees are paid for by the developer, there will not be a large
amount of revenue available for the surrounding communities but hopes to be able to come back to the board
with a reasonable agreement for review.
Mr. Ebersole asked when the Gaming Commission will be issuing the slots license.
Mr. Silverstein replied by the end of the year or by mid January 2014, which is dependent on the completion of
the surrounding communities agreements.
Mr. Alonzo asked what kind of things does Mr.Silverstein see that surrounding communities would be able to
apply for.
Mr. Silverstein replied that it was wide open. Currently the Gaming Commission is working on licensure and he
believes that once this is completed they will be turning their attentions to adopting regulations, procedure, and
criteria for these funds. The applicant (Cordish Co.) determines who should be designated as "surrounding
community". At this point we are trying to negotiate with the applicant to sign the Surrounding Community
Agreement by virtue of which through negotiating, Lunenburg will become a Surrounding Community. If this is
unsuccessful, this could be brought to the Gaming Commission for consideration.
Mr. Toale questioned how the money is designated by the developer to surrounding communities.
Mr. Silverstein replied that the State will take 49% of their revenue off the top and out of that certain
percentages will be designated to various funds such as transportation impact, education, local aide etc. The
Community Litigation fund is included which is set up to benefit impacted communities. This fund will receive a
lot of money each year and it will be divvied up throughout the State to impacted communities. The Legislature
does not require any specific amount of money to go to surrounding communities. The developers of these
facilities throughout the State are saying that they are being heavily taxed and are required to negotiate with
the host communities, who received the "lions share" of what was left. This does not leave much left for
surrounding communities. Surrounding communities could potentially mitigate for road improvements or other
aide but it is difficult to foresee what this might be.
Jack Rodriquenz, Highway Superintendent spoke to the board and suggested that if the Town is eligible to
receive funding that it be used for upkeep of the roads within the Town which would be effected by the higher
traffic use to get to the facility in Leominster.
Mr. Alonzo replied that barring any type of emergency need, it would be his intention that this is where the
funds would be applied.
Marion Benson, Planning Board Director, spoke to say that her first concern is that we should be designated as
a surrounding community, the traffic study for today may not be the traffic study for future years to come and
we should leave ourselves open to have some mitigation measures for traffic.
Police Chief Marino spoke to say that he fully supports the Town Manager's path in this project and agrees
with Ms. Benson's comments. He believes that the non-adversarial approach is the way to go with this issue.
Mr. Alonzo spoke to say that the board will keep everyone posted as they progress with this issue and thanked
everyone for coming forward tonight.
===PAGE 3===
CURRENT BUSINESS
1. BOS Policies & Procedures: To be placed as a Workshop item on a future agenda TBA.
2. Minutes/Warrants/Action File Issues
Minutes:
10/1/2013
Warrants:
#W8P-14
#W18-14
#W19-14
10/7/2013
10/8/2013
10/9/2013
$660,736.36
$424,727.47
$372,322.33
Action File Issues: None
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 - Mr. Ebersole reported that the BOH met last evening and they continued discussions
regarding variances and set backs of wells & septic systems located at Hickory Hills Lake and at Lake Shirley.
Also discussed was the matter of when a house is renovated, how the number of bedrooms are being
reconfigured to be compliant with the septic requirements.
Building Reuse Committee - Mr. Toale reported that last night's meeting was cancelled and the next meeting
is scheduled for October 21st
". This board feels they have collected good information and will report their
findings to the BOS at a later date.
Capital Planning Committee - Mr. Toale reported that they will be meeting every Wednesday until the FY15
Capital Plan requests are reviewed and completed.
Finance Committee - Mr. Toale reported that they will be meeting this Thursday and will be reviewing the
School Building Committee presentation
Library Board of Trustees-No Report
MPO- No Report
Planning Board- No Report
PACC- Mr. Ebersole reported that the BOS will be meeting with PACC on October 15".
School Committee- No Report
School Building. Committee- No Report
Sewer Commission- No Report
MA Broadband- Mr. Alonzo reported that December is still the target date for Lunenburg to "go live" and he
continues to receive weekly reports from MA Broadband.
4. Town Manager Reports or Department Reports: Ms. Speidel reported that the Finance Committee has
asked her to provide them with additional information on existing debt service as a part of contemplating the
school building project. She is compiling the information, will present it to them at their meeting on Thursday,
and will also forward it to the BOS.
Ms. Speidel provided the board with two form 43's applications from the ABCC (Alcohol Beverage Control
Commission), which the board had recently considered, for The Lakeview Club and for PP Group LLC d/b/a
Bangkok Hill. Both of these establishments had issues that needed to be resolved, they have been, and the
BOS must sign and submit to the ABCC new Form 43's marked "for reconsideration".
===PAGE 4===
APPOINTMENTS/RE-APPOINTMENTS-RESIGNATIONS
None
EXECUTIVE SESSION
Being no further business Mr. Alonzo asked for a motion to enter into Executive
Session; not to return citing M.G.L. Chapter 30A, Section 21A (2), to discuss
strategy with respect to non-union personnel contract negotiations. Discussion of
Town Manager's Employment Contract renewal.
Mr. Toale moved to enter into Executive Session; Mr. Ebersole seconded. Roll call
vote; Ebersole-Aye, Toale-Aye and Alonzo-Aye.
Regular Scheduled meeting adjourned at 7:54 PM.
UPCOMING MEETING SCHEDULE
October 15, 2013
October 22, 2013
Respectfully submitted,
Susan Doherty, Recording Secretary
Board of Selectmen

========================================================================================
DOCUMENT : 2013-10-15-agenda-4862.txt
BOARD    : select-board
DATE     : 2013-10-15
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-10-15-agenda-4862.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10152013-4862
========================================================================================

===PAGE 1===
 
 
 
BOARD OF SELECTMEN 
October 15, 2013  
  6:00 PM – Town Hall 
     Bilotta Meeting Room, Second Floor 
AGENDA 
 
  
 
 
In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being 
recorded and broadcast over Lunenburg Public Access. 
 
6:00 PM- EXECUTIVE SESSION w/ Planning Board & Cons ervation Commission 
M.G.L. Chapter 30A, Section 21A [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 O’Brien Homes litigation. 
 
7:00 PM  PUBLIC COMMENT 
 
ANNOUNCEMENTS  
Proclamation:  Lunenburg Womens Club- 100 Year Anniversary 
Proclamation:  United Nations Day 2013 
 
APPOINTMENTS   
7:00 p.m. – Request for Approval of Wine & Malt Beverage License, Honey Farms, Inc., 134 
Leominster-Shirley Road  
 
8:00 p.m. – Joint Meeting with Public Access Cable Committee 
1. Review of charge to committee- BOS vote, Town Ch arter, Bylaws, State Law 
2. Financials- process by which information is shar ed with members, approval of puchase orders 
& invoices, budget & policy development, documentation & adoption process 
3. Open Meeting Law- Update on requirements for age ndas, executive session, minutes & 
quorum  
 
CURRENT BUSINESS 
1. Notification from MA State Lottery Commission re garding offering Keno to Go at Honey Farms 
#93, 134 Leominster Shirely Road 
2. One Day Liquor License for North Leominster Rod & Gun Club, 11/15/13 
3. Request for Voluntary Toll, Turkey Hill Lions Cl ub, 11/16/13 from 8:00 a.m. – 2:00 p.m., town 
center & Whalom locations 
4. Request from B&H Corporation to stay Order of Su spension for Mickey Shea’s pending 
outcome of appeal to ABCC 
5. Minutes/ Warrants/ Action File Issues 
 
APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS   
1. Ratification of appointment of Peter Lekaditis t o position of Police Officer 
2. Ratification of appointment of Bradley McNamara to position of Police Officer 
 
UPCOMING MEETING SCHEDULE                                      
  
October 22, 2013