# select-board — 6 documents, concatenated for reading and search # # This is a CONVENIENCE BUNDLE, not a source. Every document below is # published separately and byte-identically; cite the individual file, # whose path is given in each header, rather than this bundle. # Index of all boards: https://lunenburgbudgetproject.org/minutes/INDEX.txt # The town's own scanned original is linked per document. ======================================================================================== DOCUMENT : 2013-12-03-minutes-4867.txt BOARD : select-board DATE : 2013-12-03 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-12-03-minutes-4867.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12032013-4867 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== RECEIVED & FILED DEC 19 2013 BOARD OF SELECTMEN MEETING MINUTES 12/3/2013 4-8p2 The Board of Selectmen met in the Joseph F. Bilotta meeting room at Town Hall as scheduled with Chair Person Tom Alonzo, Vice Chairperson 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. Alonzo began the meeting by thanking all who attended the Tree Lighting Ceremony the previous evening along with all who were involved in bringing this to fruition. Mr. Ebersole thanked the Town Clerks Office for using the Town Calendar to list the dates to register to vote for the Special Town Meeting and Election. Mr. Ebersole also thanked the Town Manager for her work with various Town Boards regarding compliance with Town ByLaws on the posting of minutes and agendas. He said that several boards have brought them up to date specifically mentioning the Conservation Commission & Housing Authority. Mr. Toale thanked Dave MacDonald for his involvement with the Tree Lighting Ceremony. Mr. Matthews added thanks to Mark Flagg for providing a "bucket truck" for light placement on the taller trees. Mr. Alonzo read two press releases (Police Dept. & Lunenburg Public School) regarding the racial spray painting incident Police Dept. Press Release: Based upon our investigation to date, we have not found any conclusive evidence linking any present member o the Lunenburg High School Football team to the hate crime incident reported on 11/15/2013. This statement relates only to the graffiti painted on a resident's home and has nothing whatsoever to do with any football game related issues that have been investigated by the School District. We take matters such as this type of hate crime very serious. Consequently this investigation is ongoing and we are very confident that a conclusion will be forthcoming. Lunenburg Public School Press Release: At 3:00 this afternoon we received a statement from the Lunenburg Police Department stating that based upon their investigation to date, they have not found any conclusive evidence linking any present member of the Lunenburg High School football team to the hate crime incident report on 11/15/2013. We hope for a speedy resolution to the police investigation. The educators and coaches of Lunenburg value diversity, tolerance, and acceptance. We are a community of educators who care deeply about all of our students. Our concern for the safety, well-being, and education of our students and players continues to be our top priority. ANNOUNCEMENTS Board & Committee Vacancies: Mr. Alonzo announced that there are still vacancies on the Personnel Committee and on the Public Access Cable Committee (PACC). Mr. Matthews announced that there are two upcoming Public Forums regarding the Middle/High School Building project to be held at the Lunenburg Public Library this coming Thursday at 3PM and at 7PM. APPOINTMENTS: 7:00 PM Sewer IMA w/City of Fitchburg; Carl Luck, Chair, Sewer Commission: Carl Luck, Chair of the Sewer Commission came before the BOS to present a Power Point review of the IMA (Intermunicipal Agreement) with the City of Fitchburg. He stated that tonight's goal was to achieve approval from the BOS on this agreement. Mr. Luck began his presentation by thanking all who have contributed to getting them to this point over the last two years. He explained that the key objectives of the new IMA were to: • Increase capacity to support current commitments and future growth • Correct inequity of capital costs born by Lunenburg in the current IMA • Secure a rate agreement that has Lunenburg paying it's fair share but no more ===PAGE 2=== The Status of this document is that the Fitchburg Sewer Commission, Legislative Affairs Committee and City Council have given tentative approval of the document; Lunenburg Sewer Commission has voted to accept the proposed IMA; and once the Lunenburg BOS approves and signs the agreement, Fitchburg is prepared to also sign off. Mir. Luck stated that 80,000 gallons is the capacity in the current IMA. The projection is that we need 161,000 gallons per day of sewerage to go to Fitchburg. Currently we use 36,000 gallons of the 80,000 and one big project will put us over Part of the IMA includes Lunenburg sharing the cost of upgrading the John Fitch Highway line. The new capacity of that line after upgrading will be 1,126,000 gallons per day (gpd) for a total cost of $2,110,461. Lunenburg's share will be 13.41% or $283,013. This capacity will be available to us for as long as we need it as opposed to the other one which went away if we didn't use it. Lunenburg will pay the same rate as Fitchburg residents, which is currently $7.30. There are no extra capital fees other than the John Fitch upgrade for capacity reserve and any Fitchburg rate increase will require a 90 day notification. Unfortunately Fitchburg's connection fees have increased to $2000. Billing will be based on the meters at town lines (Summer St. & 2A). Mr. Luck reminded Lunenburg residents that if they are using a sump pump, and are putting that into the sewer, this is not the correct thing to be doing and we will be paying for that. This is considered Inflow Infiltration and we need to keep the unintended water out of the system. The total projected project costs will be $2,110.461 and the period of the loan will be 20 years. The projected annual cost of the loan is $138,682 per year on the Fitchburg side and $18,597 per year from Lunenburg. The first full payment is expected in FY2015. The term of the agreement with Fitchburg will be for 25 years. Either party can terminate for convenience, with a 3 year notice, and the terminating party will be responsible for the remaining loan cost of the John Fitch Highway construction. Mr. Luck also touched on the "Direct Connections to Fitchburg" which would require notification by Fitchburg if a lot is partially in Fitchburg, requires Lunenburg approval if a lot is 100% in Lunenburg and defines Fitchburg's responsibilities for direct connections. Mr. Luck concluded this presentation by saying that with the cooperation of Fitchburg, we have established a fair and equitable agreement for the next 25 years. Capacity requirements and projections will be satisfied through at least "2026" and the Sewer Commission respectfully requests the BOS approval of this IMA The BOS thanked Mr. Luck along with the Sewer Commission and the City of Fitchburg for their efforts in developing the new IMA. Mr. Ebersole moved that the Board of Selectmen approve and execute the Intermunicipal Agreement for sewer with the City of Fitchburg. Ms. Bertram seconded. On vote, motion carried, 5 in favor, 0 opposed. 7:15 PM Review Land Donation Policy & Pleasant Street Property Proposal w/Conservation Commission: Continued to a future BOS meeting. 7:30 PM Status Update from Building Reuse Committee: Jamie Toale, Chairperson Building Reuse Committee, came before the BOS to present a Power Point presentation concerning their findings on buildings which they had reviewed in the Town which included the Eagle House Senior Center, Brooks House, Ritter Building, T.C. Passios, and Town Hall. Mr. Toale introduced members of this committee and thanked all who were involved in this endeavor. Reuse Taskforce Charter: 1. Identify space requirements for potential combined municipal operations 2. Identify Costs to convert municipal space 3. Identify 5 and 10 year capital costs to retain existing buildings, including Town Hall, Ritter Memorial, and Eagle House 4. Identify appropriate options for sale or lease of facilities 5. Identify potential reuse or market for any buildings deemed surplus as a result of consolidation Mr. Toale began the review of the buildings as follows: Eagle House Senior Center. Cost to run the Eagle House is approximately $21,000 per year and it requires average maintenance costs. The Eagle House has been determined to be suitable for current and future needs per the Director and the COA. Brooks House: The current tenant at the Brooks House covers the annual operating cost and no maintenance or repair is planned at this time. The building is currently underutilized and would require significant investment to be retrofitted for public access as a municipal office Ritter Building: Operation costs at the Ritter building are approximately $20,000 per year. This building is scheduled for between $20,000 - $65,000 in repairs over the next 3-5 years. This cost has been included in their Capital Plan which has not been approved yet. There are 6 employees from the various Land Use Depts. housed in this building. I.C.Passios Building: It costs $120,000 per year to run this building and it's currently generating $36,000 in income from short term tenants. Estimated costs for long term repair to this building are $2.5M and total demolition of the building ===PAGE 3=== would be approximately $933,550 due to asbestos. Any partial abatement or construction could cost approximately $875 per square foot or up to approximately $500,000. All costs are estimated in "2013" dollars. Town Hall: Town Hall costs approximately $30,000 per year to operate and derives approximately $32,000 per year in revenue for a cell transmitter rental in the clock tower. Plans which were drawn up in the past for repairs and renovations come in at a cost of $2M - $10M depending on how extensive a renovation is planned. With renovation all Town Municipal offices could be housed at Town Hall. Recommendations for each property are as follows: • Eagle House requires no action at this time. It meets the needs of the senior center now and will continue to do so in the future. • Brooks House is underutilized and the cost to bring it up to code as a Municipal building would be prohibitive to repurpose. The Brooks House sits on a prime location and if it were to be marketed, it should be attractive as a commercial property. • Ritter Building is underutilized and the 6 employees could be moved into a renovated Town Hall. The parcel of land which includes the Ritter Building and the former Police & Fire property could be marketed as approximately 1.1 acres which could be of interest to a restaurant or other town center entity. A full Request for Proposal (RFP) would be used to determine the use of all of these parcels. • T.C. Passios Building is the property with the highest cost to the Town. The estimated costs of repair for reuse or for demolition are not justified. Currently the municipal activities that are being handled in Town Hall, Brooks House and the Ritter Building use only 6400 sq. ft. today. It's projected that the 21 non-school Town employees that are in these buildings could be housed in a renovated Town Hall. T.C. Passios could be marketed for sale through a detailed RFP process and the developer proposals could be appropriate for one or several parcels which could be in conjunction with the Brooks House property or as a "stand alone". Possible buyer's use of building could be a Day Care Facility, FLLAC, Senior Care/Assisted Living or other appropriate development. The Building Reuse Committee recommends to make a long term commitment to retrofit and repair Town Hall to house Municipal offices that are now housed in other re-use buildings. Although the repair and retrofit costs would be significant the committee recommends that the Town could partially offset these costs with any savings on operating costs, ongoing maintenance, and reduced future capital expenditures on the building which are being called surplus. If the surplus buildings were marketed they would re-enter the revenue stream as taxable properties. Any proceeds from surplus sales could also go towards Town Hall renovation. The next steps of this committee are as follows: • Communicate findings and recommendations so they can be considered during the Town School Building discussions and decisions. This presentation will be available to view on You Tube. • Develop a "go to market plan" for the marketable properties. • Create RFP template for discussion with current stakeholders. • Develop consolidation plans for municipal functions and Town Hall renovation Make bottom line cost and investment decisions and review sale revenue projections, in order to set reasonable short and medium term goals. Specific Open Items: Need for cross-department record Management plan and process • Insure that location for Open Meetings, Voting, PACC television coverage, Superintendent's offices are covered in School building plan • Work with School, Zoning and Planning Committees to "package" marketable properties for sale by the Town Mr. Alonzo thanked the Building Reuse Committee for all of their work and opened up the floor for questions from the board. Mr. Matthews thanked Mr. Toale for taking charge of this committee and commended all on their efforts. His thoughts were that this is a good start for a plan going forward. Ms. Bertram thanked the committee and questioned the locations for open meetings. Her thoughts were that combining the Ritter and Town Hall offices together would eliminate the current meeting space used at Town Hall in order to make more office space. She was concerned that the Land Use Depts. who have well attended public meetings would no longer have sufficient meeting areas. The Planning Board uses their large conference table for Peer Review Meetings on a regular basis and we need to make sure that we maintain a significant amount of conference rooms to facilitate those type of meetings and when you looked at redesigning this space was there a conference room included? ===PAGE 4=== Mr. Toale replied that the existing space that's used for the non-school Town employees adds up to approximately 16,000 sq. ft. We have made an assessment that needs further review that to house all of the Town employees, including the Land Use Dept. ideally would require approximately 10,000 - 11,000 sq. ft. The renovation plans which were developed back in "1990" talked of making 3 floors in Town Hall useable plus adding a 13' extension on all 3 floors at the back of the building. The estimated price for that renovation would be $5M plus. We believe that we could "shoe horn" people into Town Hall for $1:5M - $2.5M, but this is not our proposal. Our proposal is to look at the potential revenue sources of developing surplus buildings, look at the partial offset of reduced operating costs, and make some long term decisions on doing some renovations at Town Hall that would accommodate conference rooms, office space, etc.. Mr. Toale mentioned that the Town of Ashland had reconfigured their Town Hall about 9 years ago to a 3 floor building and they have all of the necessary open meeting space along with conference and meeting space. Their cost was approximately $5M. We believe that if the concept is approved we could go forward and put together a plan that would address those needs. Ms. Speidel commented to say that 20 Municipal employees in 16,000 sq. ft sounds ridiculous and she would not want anyone to think that these 20 employees are using 16,000 sq. ft. of office space. Much of that space measured in those buildings contain hallways and meeting spaces. Ms. Bertram mentioned that the Ritter Building was gifted to the Town and believes that came with a number of restrictions and asked if they had looked into what the ability to sell that building was. Mr. Toale replied that it would require further discussion and would require all of the various land use committees along with the Historical Commission to do their due diligence on each aspect of it. He believes that one of the restrictions was that the Ritter be used as a Library which puts them in a grey area. Mr. Ebersole mentioned that if there are restrictions we need to work with our Legislative Delegation because we may need to go to court to ease those restrictions. He went on to say that he is excited about the fact of having 1 building instead of 4 because there are a lot of benefits beyond saving space. He also welcomed the opportunity that we may have the ability to create additional television spaces where public committees can be televised on a regular basis. Mr. Ebersole went on to give kudos to this committee and said that he appreciates the fact that we have this before the discussion on the schools, he feels this is a realistic plan, and it's good that we have a plan that we can go and talk about at Town Meeting before the buildings are fully empty. Mr. Alonzo agreed with Mr. Ebersole but said that we had separated people out from this building into the Ritter Building because of space issues and these issues are created because there is a lot of meeting space which is not everyday working space and you can't double use the space either. We need to be very careful with that. This plan is very workable but he would like to see what the final plans of Town Hall would be and this would be the next step. Ms. Bertram asked if it was the committee's recommendation to maintain the Ritter Building and would the RFP specify that the building needs to stay or was it the intent to be left up to the individual who responded to the RFP. Dave MacDonald, Building Reuse Committee replied that when we send out the RFP hopefully they will keep the original part of the building. The RFP will be sent out nation wide and you can't put that into the RFP. He mentioned that they had spoken about the meeting space and they believed they could make everything fit. Ms. Bertram referenced the Jones House saying that when the RFP was put out for that, there was a restriction on it saying that the integrity of the building had to be maintained on the exterior and it was up to the individuals to deal with the interior. She went on to say that she would hate to see the Ritter Building demolished and hopes it could be renovated and perhaps become a restaurant. Going forward we have to understand that there will be changes but also need to balance our historical significant buildings at the same time. Pat Slattery, Chairman, Historical Commission, spoke to say that yes there were specific requirements for the Jones House and he would like to see the same criteria applied to the Ritter Building. We did not get into the specifics of that, but it if the proposal was to tear down the building the Historical Commission would take the opposite stance. Mr. Alonzo stated that this is a discussion we need to have. If we put it out there, it will have a historic prospective as well as an economic prospective. Mr. Ebersole noted that the addition to the Ritter Building was put on the "1960's" and it may not be at that "50" year point, you may be able to take part of that building down to have more land. There are other ways to make that building viable. Ms. Bertram asked if there was a way of identifying the boundaries and what the cost is to survey the land associated with the properties. ===PAGE 5=== Mr. Toale replied that as he understands the process, for instance, any property that's currently school property, the School Committee would have to declare that as surplus from their point of view, Town Meeting would have to agree to move it to the general control of the Selectmen and then we would have the ability to market it. Just that discussion alone would require us to get a line drawn that we knew which property we were talking about when we had that discussion. In addition to that, once we had the big boundaries drawn, an RFP could in fact put the whole property up for an RFP to see what potential developers would want to do with the whole property which would require less individual surveying. Ron Albert, Building Reuse Committee, explained to the BOS that you can put an RFP out and ask the developer to provide the survey as part of the submittal to the Town. There is still some opportunity for Municipal use. Ms. Bertram mentioned that the Planning Board is looking at Zoning for the Master Plan and the Brooks House and Passios Building are not Zoned for business use. What does this committee look at as making sense for that area from a Zoning perspective moving forward? Damon McQuaid, Building Reuse Committee/Planning Board, we have talked at our meetings about trying to develop a Village District/Zoning area in town to better stimulate commercial activity in the down town area relying primarily on mixed use facilities similar to the Towns of Concord or Groton. We are confident that whatever is done for the town center should be relevant for that area as well. Mr. Albert added that several of the Building Reuse committee members met with different Town boards along with the Building Inspector where they talked about the Zoning perspective and what is current. You can't take a piece of property and make it non-conforming but there may be some proposals out there that would be so dynamic that as a community, if we are able to better understand through the Land Use Depts. what that may mean, we may be clearer in our forward thinking as to how to react to that. Overlay Districts or Spot zoning may be a factor, we will just have to wait and see. Mr. Matthews stated that this building has been seen as Town Hall use and he assumes that is because of historical value, town sentiment or lack of marketability. Mr. Toale said that he thought that was fair to say. Mr. Matthews said that this is connected to the school building plan and if the Middle/High School is built, Passios building becomes obsolete, if it does not pass then Passios building quickly becomes a school building again and will come off of any discussion for any other use. This could cost $8M plus to bring back for school usage. Beyond that there are still opportunities and we should do anything we can do as a community to down size our operations, to help develop commercial growth in the town center, and to minimize costs. If that requires to reduce meeting space, digitize records, use common spaces in other Town buildings etc... we need to work together to get the best result for the tax payer. Mr. Toale stated that he would like to thank the Building Reuse Committee appropriately and then disband them if that's what the BOS desired Mr. Alonzo replied that they would like to keep them until after Town Meeting. Mr. Matthews stated that it would be helpful if valuations of the buildings be gathered either by the Building Reuse Committee or by the Town Manager. Mr. Toale replied that there are so many variables that it's hard to do that and suggested that they wait to see what the result of the Town Meeting/Election was before doing that. The board thanked the Building Reuse Committee for coming forward this evening. CURRENT BUSINESS 1. Review & Approve Ballot Question - Ms. Speidel read the ballot question as follows: Shall the Town of Lunenburg be allowed to exempt from the provisions of Proposition two-and-one-half, so called, the amounts required to pay for the bonds issued in order to construct a 169,018 square foot school designed for 820 students in Grade 6-12, Lunenburg Middle/High School, on Parcel ID: 162/060.0-0055-0000.0, 1079 Massachusetts Avenue, Lunenburg, MA 01462? She went on to explain that this language comes directly to us from the Massachusetts School Building Authority (MSBA) and there is not a whole lot of wiggle room there. It has been reviewed and approved by MSBA and is in front of Bond Council at this time. This is what is legally required by State Law and the MSBA for this type of ballot question for this purpose. It does not include the dollar amount or project financing time but it doesn't mean that you cannot have information on other things, but this is what will go on the ballot. Discussion: Mr. Matthews asked can we add the number or not. Ms. Speidel replied that she can ask that question but she does not believe so. Mr. Alonzo added that he recommends that they stay completely in the confines of what the MSBA is recommending. ===PAGE 6=== Mr. Matthews stated that people at home are going to look at this and ask how much? He believes that this should be an inclusive document. Mr. Ebersole stated that it was his understanding that in any capital override you do not have the dollar amount included. Mr. Alonzo replied that they have always been included but they have been Town initiated. Ms. Speidel also mentioned that next week will be the next opportunity to address the warrant and that it will need to go to the printer next Wednesday. Mr. Ebersole mentioned that he believed that on some of the State ballots they have the question and then they have "non-partisan" discussion about what it is and that may be the opportunity for us to have the warrant, meet the State Law, and also have the language to explain it a little further. Mr. Matthews stated that his fear, as a voter, was that if he got this without a number he would be angry that it was not in front of him. Mr. Toale added that his fear as a voter is that I'm approving for whatever square feet and you could change the number on me and I don't want to approve or disapprove that. Ms. Bertram agreed with their sentiments. Mr. Ebersole said that clearly some of the language could be "as the amount voted at Town Meeting" or add that language in the explanatory and not include the amounts that the MSBA is reimbursing because we are only going to borrow the Towns share. We want to be clear in the ballot that when somebody walks in we have all of the information. Mr. Alonzo said that he understands what fellow members are saying but to try to summarize it by putting the whole number in, then explaining to people you're only voting for half of that confuses something that is already complex. If the question is as large as the Town Meeting warrant you will just scare people away and they won't read it at all. They do this because there are other mechanisms in place to get this information before you even get to the ballot. Mr. Matthews replied that you can get all of that information but people don't necessarily read all the papers or watch us and it could be as simple as "project cost MSBA" and "portion local Town cost". The more information you give to people coming in at Town Meeting the less angry they are. Mr. Matthews requested that the Town Manager check to see what can be done. Mr. Alonzo stated that they will be bypassing this until next week's meeting. 2. Review & Order Warrant Articles; Make Recommendations on Warrant Articles: Ms. Speidel began by saying there were 3 articles which were submitted which probably will end up being 2. There is the 1 school project article and 2 articles that were submitted by the Planning Board to amend the Zoning Bylaw to create a new sub-section entitled Medical Marijuana Treatment Center and also to impose a moratorium on this for a period of 1 year. She believes that it should really be 1 article that came over as 2 and she is still working on that. Mr. Alonzo stated that he thinks it needs to be 2 articles because of what they are doing Ms: Speidel believes that the entirety of the second article is repeated in the 3 and she will get this taken care of. Mr. Alonzo stated that he is fine with the order of the articles right now. If #'s 2 & 3 get combined that's fine as long as Article #1 remains at #1. Board members were in agreement with Mr. Alonzo. Ms. Speidel read Article 1 as follows: To see if the Town will vote to appropriate, borrow or transfer from available funds, a sum of money to be expended under the direction of the School Building Committee for construction of a 169,018 square foot school designed for 820 students in Grade 6-12, Lunenburg Middle/High School, on Parcel ID: 162/060.0- 0055-0000.0, 1079 Massachusetts Avenue, Lunenburg, MA 01462, which school facility shall have an anticipated useful life as an educational facility for the instruction of school children of at least 50 years, and for which the Town may be eligible for a school construction grant from the Massachusetts School Building Authority ("MSBA"). The MSBA's grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs that the Town incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town. Any grant that the Town of Lunenburg may receive from the MSBA for the Project shall not exceed the lesser of (1) fifty-nine point eleven percent (59.11%) of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA. Mr. Ebersole moved that the Board of Selectmen recommend approval of this article. Mr. Matthews seconded. Discussion: Mr. Matthews asked if there would be more information for clarification or addition to the dollar amounts or will this be separate from the article. ===PAGE 7=== Ms. Speidel replied for this she assumed that they would have additional information in the warrant and she had included the flyer the School Building Committee had put together. She was not sure if this document will go in or if it is appropriate and we would have to have Counsel agree with it. She does not believe it's inappropriate because it was not put together by a Political Action Committee and it just states facts on the project. She does assume there would be some sort of report included in the warrant. Mr. Alonzo recommended that they put the total amount of the project in the warrant article itself. Any other report should be forthcoming and available either in the warrant itself as a separate item or as a handout at Special Town Meeting. Ms. Speidel said that she would ask and reminded the board that the MSBA approves the language in the warrant article as well as the motion as does Bond Counsel. Mr. Ebersole said so this means that part of the discussion is that it would be $72M, because technically we have to appropriate the entire amount, even though we won't be borrowing the entire amount. Mr. Alonzo replied correct, but the article as it is written talks about the split. Mr. Matthews added that we have to be careful because it's not an exact 59.1% split. Ms. Bertram stated that this will be flushed out during the discussion and it's unfortunate that we can't make it clear what it is that we are looking at borrowing. Mr. Alonzo said that the wording as it is written here is exactly correct. In the motion, as it stands right now, they are talking about coverage of splitting expenses in the grant program. This means nothing to someone who does not know what the cost of the project is. Ms. Speidel added that in the language that they give you, you identify what the project is. I asked for the School Administration to provide the project and we will go back to the MSBA to make sure that the scope of the project can include the cost of the project. Mr. Matthews stated that he is going to vote yes to recommend approval on this and ultimately we will finalize verbiage of this in the end. Mr. Alonzo said that we had a motion to recommend approval of the article which was seconded. We can hold off on the actual warrant wording itself but the recommendation is on the table already. He then asked for a vote. On vote, motion carried, 5 in favor, 0 opposed. Mr. Alonzo requested to the public to please find out all the information they can because this is a very important project to the Town. Mr. Alonzo stated that regarding Articles 2 & 3 which are Zoning articles, the board generally does not take a position until they have heard a presentation. Discussion: Ms. Bertram stated that in this particular case they are asking for 1 year to do more research on exactly where it would be appropriate and what the restrictions would be. You cannot say that they are not allowed, you have to identify a place. She went on to say that she had no problem making a recommendation to approve at this time. Mr. Ebersole stated that he is struggling with this because he is trying to support business. Lunenburg and the State voted for this, the world is changing on many things. I will be voting against this, I think we should be voting on moving quickly to try to get this. He went on to say that he would prefer to make a recommendation at Special Town Meeting. Mr. Alonzo said that he would like to hear what the presentation is. He understands that the law went into effect January of this year so that means they will ask for an additional moratorium. He tends to agree with Mr. Ebersole and said that if things are allowed, he wants to know why we are not allowing them, even temporarily. Mr. Alonzo said if there is no objection they will wait to make a recommendation at Special Town Meeting. This will pertain to both Articles 2 & 3. Mir. Ebersole requested that the last dates to be able to register to vote be added to the warrant for mailing. Ms. Speidel asked if they could talk about what information they would like to see at the next BOS meeting and if they intend to make a recommendation on financing for the school project at that meeting. She also mentioned that she did not have an update on the survey question for them tonight. Mr. Alonzo: replied the financing recommendation should be put on next weeks meeting when we have the final results of the survey although he is not against talking about this tonight. ===PAGE 8=== Ms. Bertram stated that she didn't know if it needed to be in the warrant, she feels it should be part of the discussion, and ultimately it will be up to this board to determine that. Mr. Ebersole recommended that the BOS take a stance before the Finance Committee meeting. He went on to say that we have already had the discussion on the financial impact of the 20 or 30 year term financing. The previous option which he had recommended will not give the relief that he would have liked to have seen and he will be supporting the 30 year term. His reasoning for this is by looking at what the average tax payer will be doing and hearing what's being said out there as far as the impact. He believes that the cost of the school should be spread over the years of the people having use of it. There is no disrespect to the Finance Committee; it's where I believe that I would be no matter what additional information there is because I know it is going to cost more. Ms. Bertram agreed with Mr. Ebersole's comments and will also be supporting the 30 year term. She would like to go with the 20 year because it makes more sense for the Town, but does no believe that the tax payer nor herself can afford it. Mr. Matthews stated that he lives his life with 15 or 20 year mortgages but if we can spread it out a little bit it makes sense. Mr. Alonzo mentioned that he is also leaning towards the 30 year term because he likes the idea of spreading the cost over the years of the people who will be using it. The flip side is that the 20 year term would free up money for things that may come along. He normally would go for the shorter pay back term but agrees that the 30 years makes the most Ms. Speidel asked if the board could now eliminate one of the variables which would be the 20 year term. Mr. Alonzo declared that they will support the 30 year bond. Ms. Speidel took this opportunity to make an announcement that the Town was notified yesterday afternoon that the other Bond Rating Agency, Standard & Poors has upgraded the Town's bond rating from a AA- rating to a AAt. The reason being is that Standard & Poors has changed their rating criteria. This is very significant. Standard & Poors has been the Rating Agency that we have used for the last 10 years and the way they have rated credits has made more sense for municipalities in the way that we do business and we are very fortunate that we will have this significant increase. She went on to say that she asked the Towns Financial Advisor what this could potentially mean and he said that it could mean as much as a savings of a tenth of 1% on an interest rate. 3. IMA with Town of Townsend for Sale of Net Metering Credits: Ms. Speidel stated that the Townsend BOS is taking this matter up at their meeting this evening and we should wait on this issue. Ms. Bertram voiced concern about page 2 of the draft concerning the Purchase and Sale of Net Metering Credits. Her understanding was that the Schedule Z is done twice a year so Townsend would be listed on the Schedule Z and in the event that we had credits that would then be passed to Townsend. As she sees it, the way this is written, it looks like it we do have credits we would then amend the Schedule Z and she is not sure why it is put this way, you cannot just amend the Schedule Z. She would like to understand why Townsend is just not listed on Schedule Z and in the event that we do have credits it would then be passed through to Townsend. Her other concern was that we were not going to have Administrative costs, but on page 4 Section 5.1 (a) it states that Lunenburg will provide Townsend a monthly invoice which will make us responsible for invoicing Townsend. She believed that this was going to be done by the utility company and it does not read that way. In addition on page 4 Section 5.1 (c) it states that in the event that the Local Utility elects to make payments to Lunenburg in lieu of providing Net Metering Credits we will have to pay Townsend that credit. Ms. Bertram thought we were doing this because we could not get a check and would like some clarification from the Town Manager. Ms. Speidel responded saying that in regards to Ms. Bertram's last concern, it is still up in the air with Unitil. She went on to say that she cannot answer these questions tonight because she thinks that the BOS received the wrong draft in their packet this evening. She will look into this tomorrow and if this is the correct draft she will get clarification on those questions. 4. BOS Appointment to (School Committee's) Advisory Committee for Tolerance & Diversity: Mr. Ebersole spoke to say that he was interested in serving on this committee. Mr. Matthews moved to appoint Bob Ebersole to the School Committee's Advisory Committee for Tolerance & Diversity. Ms. Bertram seconded. On vote, motion carried, 5 in tavor, 0 opposed 5. Minutes/Warrants/Action File Issues Minutes: 11/12/2013 11/19/2013 (to be amended) ===PAGE 9=== RECEIVED & FILED Warrants: 12/15/2013 12/3/2013 12/4/2013 #W12-P14 #W28-14 #W29-14 $627,412.20 $546,049.33 $148,043.21 DEC 19 2013 Action File Issues: None LUNENBURG TOWN CLERK OFFICE 6. Committee Report: Board of Health; Building Reuse Committee; Capital Planning Committee; Finance Committee; Library Board of Trustees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission; MA Broadband: Board of Health - No Report Building Reuse Committee - No Report Capital Planning Committee - Mr. Toale reported that they will be meeting tomorrow on schedule. Finance Committee - Mr. Toale reported that they will be meeting on 12/12/2013 Library Board of Trustees- Mr. Ebersole reported that they met on 11/21/2013 and they were given a tour of the building. They praised the DPW along for all of the support that they give to them. The Friends of the Library on a regular basis give money for various projects which included paying for window cleaning. They continue to work on updating their computers and look forward to the Massbroadband connection. Some of their programs are affected by other Town events and the concept for updating our Website for the Town Calendar goes for meetings and other non-meeting items. MPO- No Report Planning Board- No Report PACC- Mr. Ebersole reported that PACC met last night, with a quorum. Part of the meeting was normal business but they also reviewed the continuation of the workshop which was held with the BOS, the Open Meeting Law and the implications of that. He has realized that people have been in government for a long time and the Open Meeting Law has changed from what these people have originally learned. Mr. Ebersole believed that one of the good things about the session was that there was a lot of discussion at the board level similar to when we had Town Counsel here amongst the members such as "can we do it this way" or "no that's not enough the agenda item is not specific" or "in the minutes you need to have this". Mr. Ebersole recommended a more individualize Open Meeting Training session for various boards and commissions or for individual members. He thought that the PACC meeting was very successful for instance they had to schedule a meeting for next Monday night because they couldn't do what they wanted to do because it wasn't on that agenda PACC is looking for volunteer students and adults to do filming and work with PACC. They will also schedule regular training sessions for filming. School Committee- No Report School Building Committee- Mr. Matthews reported that the Public Forum is scheduled for this Thursday at 3PM and 7PM. The Greenhouse which was originally in the design for the proposed Middle/High School was proposed to be a glass & steel structure. The Agricultural Commission had concerns about spending a lot of money on that kind of structure vs. the plastic and wire hoop that most of them use. That commission will give insights on some lower cost more practical applications. North Middlesex is looking to build a new High School which will house 870 students, 180,000-190,000 sq. ft, at a cost of approximately $88.6M. Ayer/Shirley is in the process of renovating their High School which will house 495 students, and the cost of that is $56M. If you were to compare the costs we have a pretty good project. Mr. Alonzo thanked Mr. Matthews for those great comparison numbers. Sewer Commission- Meeting postponed until next week. MA Broadband- No Report 9.Town Manager Reports or Department Reports: Ms. Speidel stated that the Finance Committee is meeting on 12/12/2013 for the purpose of receiving the 5 Year Financial Forecast and there will be a formal invitation to the School Committee and the BOS. Ms. Speidel reminded the board that they have a site visit at 300 Holman St. scheduled for 12/8/2013 at 9AM. ===PAGE 10=== Ms. Speidel also had for signature the Consultant Agreement for the Municipal Aggregation Program which was approved at a prior BOS meeting Ms. Speidel reported that at either the 12/10 or 12/17 BOS meeting the board will be presented with the Annual License Mr. Alonzo stated that if people are not caught up on their taxes for any of these licenses he will not in any way vote for anything contingent upon them bringing in payment before the end of the year. He asked the Town Manager to please make sure that this is clear to all of the establishments. Ms. Speidel said that this was made very clear last year and everything was paid before the BOS meeting. APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS: None EXECUTIVE SESSION: None Mr. Ebersole commented on the Standard & Poors upgrade giving credit to the Town Manager, the Finance Committee and the Town for doing the things that are financially responsible, having a balanced budget and not trying to draw down our reserves inappropriately. All of those actions go to this and the day to day operation of our financials with the Town Manager overseeing it, along with the budgeting process, goes a long way in giving the financial entities comfort to say that Lunenburg is going to do the right thing. He gave kudos to all involved. Being no further business Ms. Bertram moved to adjourn the BOS meeting. Mr. Matthew seconded. On vote motion carried, 5 in favor, 0 opposed. Regular Scheduled Meeting adjourned at 9:12PM UPCOMING MEETING SCHEDULE December 10, 2013 December 17, 2013 espectfully Submitte isan Doherty, Recording Secreta Board of Selectmen RECEIVED & FILED DEC 19 2013 LUNENBURG TOWN CLERS OFFICE ======================================================================================== DOCUMENT : 2013-12-08-agenda-4868.txt BOARD : select-board DATE : 2013-12-08 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-12-08-agenda-4868.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12082013-4868 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Sunday, December 8, 2013 9:00 AM – Site Visit AGENDA CURRENT BUSINESS 1. Site Visit of Saundra B. Lane Property, 300 Holm an Street ======================================================================================== DOCUMENT : 2013-12-10-agenda-4869.txt BOARD : select-board DATE : 2013-12-10 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-12-10-agenda-4869.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12102013-4869 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN December 10, 2013 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor Revised 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 Board & Committee Vacancies APPOINTMENTS 7:00 PM Shelley McCaie, Treasurer-Collector, Review & Award Bond Anticipation Note CURRENT BUSINESS 1. Review Ballot Question 2. Review Warrant Articles on Special Town Meeting Warrant 3. Review & Approval Annual Business Licenses 4. IMA with Town of Townsend for Sale of Net Meteri ng Credits 5. Minutes/ Warrants/ Action File Issues 6. Committee Report: Board of Health; Building Reu se Committee; Capital Planning Committee; Finance Committee; Library Board of Trus tees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission; MA Broadband 7. Town Manager Reports or Department Reports APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS EXECUTIVE SESSION UPCOMING MEETING SCHEDULE December 12, 2013- Finance Committee Meeting, Five Year Financial Forecast December 17, 2013 ======================================================================================== DOCUMENT : 2013-12-10-minutes-4869.txt BOARD : select-board DATE : 2013-12-10 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-12-10-minutes-4869.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12102013-4869 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MEETING MINUTES 12/10/2013 117-- The Board of Selectmen met in the Joseph F. Bilotta meeting room at Town Hall as scheduled with Chair Person Tom Alonzo, Dave Matthews, Jamie Toale, Robert Ebersole and Town Manager Kerry Speidel. Regular Meeting opened at 7:00 PM 7:00PM PUBLIC COMMENT: None ANNOUNCEMENTS Board & Committee Vacancies: Mr. Alonzo announced that there are still vacancies on the Personnel Committee and on the Public Access Cable Committee (PACC). APPOINTMENTS: 7:00 PM Shelley McCaie, Treasurer-Collector, Review & Award Bond Anticipation Note: Ms. McCaie spoke to the BOS to ask their approval for the borrowing of a short term bond anticipation note for the feasibility study in the amount of $220,000. There were 5 bids received and it was awarded to Century Bank who had the lowest interest rate of .50%. The note will be due on May 15, 2014 and the total interest paid will be $452.22 Mr. Ebersole moved to approve the Bond Anticipation Note as provided. Mr. Matthews second. On vote, motion carried, 4 in favor, 0 opposed. CURRENT BUSINESS 1. Review Ballot Question - Ms. Speidel explained that the ballot question was modified slightly based on the comments that were received by both the MSBA and the Bond Counsel. Ms. Speidel read the ballot question as follows: Shall the Town of Lunenburg be allowed to exempt from the provisions of Proposition two-and-one-half, so called, the amounts required to pay for the bonds issued in order to construct a new Lunenburg Middle/High School, designed for approximately 820 students in grades 6-12 to be located at 1079 Massachusetts Avenue, Lunenburg, MA 01462. Ms. Spiedel explained that by request from the MSBA and the Bond Counsel, the square footage and Parcel ID# were eliminated from the previous ballot question. The cost of the project is not included due to the fact that this is not done for any debt exemption, which is specific to State Law. There will be a separate mailing to residents with all costs of the school building project done by the Political: Action Committee (PAC). Mr. Matthews moved to approve the ballot question as printed. Mr. Toale seconded. On vote, motion carried, 4 in favor, 0 opposed 2. Review Warrant Articles on Special Town Meeting Warrant: Ms. Speidel explained the changes which were added to the warrant as follows: • Added were the last days to register to vote for both the Special Town Meeting and Special Election. • Article 1 has been amended by removing the Parcel ID# and square footage. Both the MSBA and Bond Counsel have approved the wording of this article. • Town Counsel has reviewed both Articles 2 & 3 and their opinion was that only Article 3 was necessary: Their reasons were that Article 2 was a definition of the Zoning Bylaw and this definition is already included in Article 3. By approving Article 3 it will amend the current Zoning Bylaw to include that definition. The BOS recommendation for Article 1 will be added to the warrant and the BOS recommendation for Article 3 will be given at Special Town Meeting. Mr. Matthews moved to approve the Special Town Meeting warrant as printed. Mr. Ebersole seconded. On vote, motion carried, 4 in favor, 0 opposed. ===PAGE 2=== 3. Review & Approval Annual Business Licenses: Ms Speidel reported that the Alcohol Beverages Control Commission (ABCC) had approved the Retail Wine & Malt Beverage license for Honey Farms on 12/5/2013, for calendar year 2013. Honey Farms has also submitted their license application for "2014" for the BOS to sign. The rest of the alcohol licenses will be on the BOS 12/17/2013 agenda. List of business licenses presented for BOS approval as follows: Base License: • Lakeview Golf Driving Range 21 Lakeside Avenue Lunenburg, MA Mr. Toale moved to approve the Base License for Lakeview Golf Driving Range. Mr. Ebersole seconded. On vote, motion carried, 4 in favor, 0 opposed Common Victuallar Licenses: Lakeview Club d/b/a 449 Corporation • American Graffiti • Conrads • Bakers Whalom Variety • Stellas Coffee Shop • Lunenburg Exxon • The Lunch Box 449 Whalom Road 113 Summer Street 835 Massachusetts Avenue 423 Electric Avenue 466 Electric Avenue 453 Massachusetts Avenue 180 Massachusetts Avenue Lunenburg, MA Lunenburg, MA Lunenburg, MA Lunenburg, MA Lunenburg, MA Lunenburg MA Lunenburg, MA • Victory Distributors d/b/a Hannaford Food & Drug • Lanni Orchards • Cherry Hill Ice Cream • Bootleggers 301 Massachusetts Avenue 294 Chase Road 825 Leominster Road 50 Massachusetts Avenue Lunenburg MA Lunenburg, MA Lunenburg, MA Lunenburg, MA • J & D Enterprise's d/b/a Shady Point Beach & Campground • Hadwen Park Market • Presto Pizza • Red Pepper Inc. d/b/a Ixtappa Cantina • Asian Imperial Garden 701 Reservoir Road 1 Main Street 429 Electric Ave 308 Massachusetts Avenue 5 Electric Avenue Lunenburg, MA Lunenburg, MA Lunenburg, MA • J. K. Waterfront d/b/a On the Rocks 96 Lakefront Avenue Lunenburg, MA Lunenburg, MA Lunenburg, MA • B & H Corp. d/b/a Mickey Sheas 324 Electric Avenue Unit 4 • The Ugly Omelet 165 Electric Avenue • Global Montello 131 Massachusetts Avenue • Scott Lowe d/b/a Scott's Dogs 579 Page Street • Bangkok Hill 177 Massachusetts Avenue Lunenburg, MA Lunenburg, MA Lunenburg, MA Lunenburg, MA unenburg, N • Settler's Pub 994 Northfield Road • Dunkin Donuts 134 Leominster/Shirley Road Honey Farms Inc. 134 Leominster/Shirley Road • Kabob-E-Licious 165 Massachusetts Avenue Lunenburg, MA Lunenburg, MA Lunenburg, MA Mr. Matthews moved to approve the Common Victuallers licenses as read. Mr. Ebersole seconded. On vote, motion carried, 4 in favor, 0 opposed. Automatic Amusement Device Licenses: Lakeview Club d/b/a 449 Corportation American Graffiti • Bakers Whalom Variety J. K. Waterfront d/b/a On the Rocks • B & H Corp. d/b/a Mickey Sheas 449 Whalom Road 113 Summer Street 423 Electric Avenue 96 Lakefront Avenue Lunenburg, MA Lunenburg, MA Lunenburg, MA 324 Electric Avenue Unit 4 Lunenburg, MA Lunenburg, MA ===PAGE 3=== • R.N.D.C. Corp. d/b/a R.G. Scooters • Whalom Gas • Asian Video & C.D. Rentals 84 Lakefront Avenue 1 Whalom Road 5 Summer Street Unit 1 Lunenburg, MA Lunenburg, MA Lunenburg, MA Mir. Ebersole moved to approve the Automatic Amusement Device Licenses as read. Mr. Matthews seconded. On vote, motion carried, 4 in favor, 0 opposed. Class 1 Motor Vehicle License for Sale of Secondhand Motor Vehicles • Chapdelaine Truck Center Inc. 199 Massachusetts Avenue Lunenburg, MA • Recreational Dimensions Inc. d/b/a Central Mass Power Sports 19 Massachusetts Avenue Lunenburg, MA • Joe Smalley Auto Sales Inc. d/b/a • Daewoo North 30 Summer Street Lunenburg, MA • Colonial Imports West inc. d/b/a North End Subaru 757 Chase Road Lunenburg, MA • Colonial Imports West Inc. d/b/a North End Mazda 747-753 Chase Road Lunenburg, MA Mr. Matthews moved to approve the Class 1 Motor Vehicle Licenses as read. Mr. Toale seconded. On vote, motion carried, 4 in favor, 0 opposed Class 2 Motor Vehicle License to Buy & Sell Secondhand Motor Vehicles: • Colonial Imports inc. 44 Chase Road Lunenburg, MA • Roland L. Trainque d/b/a Roland's Towing 408 Electric Avenue Lunenburg, MA • Robert C. & Michael R. Lovewell d/b/a R.C. Motors 9 Kirby Avenue • John V. Goguen d/b/a J. G. Service • Baker Towing 346 Electric Avenue 421 Electric Avenue Lunenburg, MA Lunenburg, MA Lunenburg, MA • Peter M. Kelly d/b/a P.M.K. Motor Sales 36 Summer Street • Baker Enterprises Co. Inc. d/b/a The Auto Barn • Mass Avenue Motors Inc. • Affinity Inc. d/b/a Affinity Auto Sales • P & S Trucks & Parts Inc. • Discount Auto & Marine d/b/a Fitchburg Marine & Auto 53 Chase Road 381 Massachusetts Avenue 1312 Massachusetts Avenue 571 Chase Road 27 Massachusetts Avenue • Double Down Sales Inc. d/b/a Import Domestic Auto Sales • Custom Auto Sales & Storage 40 Summer Street 39 Massachusetts Avenue Lunenburg, MA Lunenburg, MA Lunenburg, MA Lunenburg, MA Lunenburg, MA Lunenburg, MA Lunenburg, MA Lunenburg, MA Mr. Ebersole moved to approve the Class 2 Motor Vehicle Licenses as read. Mr. Matthews seconded. On vote, motion carried, 4 in favor, 0 opposed. Class 3 Motor Vehicle Junk License P & S Trucks & Parts Inc. Michael R. Chapdelaine d/b/a Chapdelaine Auto Salvage 571 Chase Road 199 Massachusetts Avenue Lunenburg, MA Lunenburg, MA Mr. Ebersole moved to approve the Class 3 Motor Vehicle Licenses as read. Mr. Matthews seconded. On vote, motion carried, 4 in favor, 0 opposed. Ms. Speidel reminded the board that the remaining applications which were not presented this evening, along with the alcoholic licenses will be presented at next weeks BOS meeting. Any license holder/Alcoholic license holder that owes any tees/taxes to the Town for anything prior to FY2014 will need to clear up their delinquencies before the board can issue the license. If any businesses have not taken care of these issues by 12/31/2013, their licenses will then be expired, ===PAGE 4=== the business owner will need to reapply for their liquor license as if it were the first time, and they will not be able to operate until such time that the license is approved. Next weeks meeting will be the last BOS meeting in the calendar year. 4. IMA with Town of Townsend for Sale of Net Metering Credits: Continued to the 12/17/2013 BOS meeting. 5. Minutes/Warrants/Action File Issues Minutes: 11/19/2013 12/3/2013 Warrants: 12/10/2013 #W12P-14M 12/10/2013 #W30-14 $6130.00 $225,258.53 Action File Issues: None • Committee Report: Board of Health; Building Reuse Committee; Capital Planning Committee; Financ ommittee; Library Board of Trustees; MPO; Planning Board; PACC; School Committee; School Buildin Committee; Sewer Commission; MA Broadband: Building Reuse Committee - Mr. Toale reported that their primary work was completed and presented last week. The Committee is waiting for any further requests from the BOS. Capital Planning Committee - Mr. Toale reported that they will meet tomorrow, they will continue their prioritization of requests, and will be ready to present to the Town Manager on 12/18/2013. Finance Committee - Mr. Toale reported that they will meet this Thursday where they will discuss the Town Manager's 5 Year Forecast. Library Board of Trustees- No Report MPO- No Report Planning Board- No Report PACC- Mr. Ebersole reported that they met last night to finalize some of the "housekeeping" motions and discussed Open Meeting Law Agenda/Minutes issues and how they will do things differently going forward. School Committee- No Report School Building Committee-Mr. Matthews reported that they held their final two Public Forums last Thursday and they will meet tomorrow night to prepare their presentation for Special Town Meeting. He reminded all that the Special Town Meeting will be held on 1/7/2014, the Special Election will be on 1/11/2014, the last day to register to vote for the Specia Election is 12/21/2013, and the last day to register to vote for Special Town Meeting is 12/28/2013. Sewer Commission- Mir. Ebersole reported that this Commission is meeting this evening. Highfield Village submitted a complete proposed sewer plan to the Sewer Commission and it is currently being reviewed by their consultants They expect to have a complete report back by 1/14/2014. They have submitted to the Treasurer/Collector approximately $53,000 worth of delinquent sewer bills to be added to the tax bills. MA Broadband- No Report 9.Town Manager Reports or Department Reports: Ms. Speidel presented to the Chairperson for signature the MSBA Project Scope & Budget Reimbursement Rate Certification. The reimbursement rate for the project is 59.11%. Mr. Matthews mentioned that this includes 1.5% based on the 40R development at Tri-Town which is significant. Ms. Speidel presented to the Chairperson for signature the Total Project Budget for the school project which is $72,975,321. with a maximum total facilities grant of $36, 190,870. Ms. Speidel presented to the Chairperson for signature the Project Scope & Budget Agreement for the school building ===PAGE 5=== All documents were presented and approved by the BOS at a prior meeting but were not available for signature at time of approval. APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS: Mr. Alonzo read a letter of resignation from Patrick Slattery, Chairman of the Historical Commission. Mr. Slattery's resignation will become effective on 12/20/2013. Mr. Alonzo accepted the resignation with regret. He thanked and acknowledged the many years of community service given to the Town of Lunenburg by Mr. Slattery. Mr. Toale added that he would like to thank Mr. Slattery for his expertise and contributions to the Building Reuse Committee. Mr. Ebersole thanked Mr. Slattery and showed his appreciation for Mr. Slattery's foresight, his understanding of the Town, along with his ability to balance what we might want vs. what is practical. Mr. Alonzo took this opportunity to announce that after 12/20 there will be a vacancy on the Historical Commission Mr. Alonzo reminded all that this Thursday there will be a Finance Committee meeting where the Town Manager's 5 Year Forecast will be presented He mentioned that the 12/17/2013 BOS meeting will be the last calendar meeting of the year and that the next BOS meeting will be on 1/14/2014. PUBLIC COMMENT Clarence Floyd, 720 Goodrich St., spoke to the BOS concerning questions he had with the proposed new school building project. He was concerned with the amount of $36.65M as being principle only for the Town's part of this. He asked what the interest was going to cost the Town for a 30 year term and a 20 year term. He believes that, that would be the true total of cost. His understanding is that the State will not help the Town with interest. He believes that the information brochure states incorrectly what the Town's interest cost will be and he would like the Towns people to know what the cost will be Mr. Matthews confirmed that the $36M is the principal and we need to add the interest to the total cost for Special Town Meeting. Mr. Floyd also mentioned that residents call him for information and asked how many administrators and staff will be added. He believes that a Technology person will be added this year but that's a separate issue. Mr. Alonzo replied that the operating cost of the building will not change regardless if the project goes through or not. Mr. Floyd asked how long after we float the bonds will the State begin to give us monies towards this project. Mr. Matthews replied that they make payments immediately. We only have to bond for our portion of it, not the States. Mr. Floyd asked what criteria would the Treasurer and the Selectmen use to select the term. Mr. Matthews replied that we had that vote last week. We looked at total cost, immediate impact on the tax payers, and ultimately we decided to borrow over 30 years. This adds more cost in total but alleviates cost immediately to the tax payers. Ms. Speidel informed Mr. Floyd that the interest cost over 30 years is approximately $32M which will be added to the $36M principle for the total cost. Mr. Floyd mentioned that Question 1 is confusing and that some people may consider this to be a Proposition 2.5 Override and would like clarification that this would be a Debt Exclusion. Mr. Alonzo replied that it comes under an "umbrella" law called "Proposition 2.5". There are general overrides and this is not one, this is a debt exclusion that only impacts the tax bill until the bond is paid off and is not permanent. Mr. Floyd believes that the way it is worded, some people in the Town will think it's a Proposition 2.5 override and will not vote for it. He believes that it should be better explained to the public that this is a Debt Exclusion Mr. Matthews replied that this is specific language from the MSBA as to what we have to do. We did want to have more numbers in the Town Meeting article. At Town Meeting we will have a discussion which will designate the specific amount and it will be outlined that this is a Debt Exclusion. Regarding the ballot question, the State sets the wording on that, we tried to adjust it to be more specific, but they set the language. Mr. Matthews asked Mr. Floyd if he was supporting the project. ===PAGE 6=== Mr. Floyd replied that he was leaning that way and mentioned that he would rather take his money and spend it on something worth while then try to resurrect it. EXECUTIVE SESSION: Being no further business, Mr. Ebersole moved to adjourn the meeting. Mr. Matthews seconded. On vote, motion carried, 4 in favor, 0 opposed. Meeting adjourned at 7:52PM UPCOMING MEETING SCHEDULE December 12, 2013 - Finance Committee Meeting, Five Year Financial Forecast December 17, 2013 Respectfully Submitted, Susan Doherty, Recording Secretary Board of Selectmen ======================================================================================== DOCUMENT : 2013-12-17-agenda-4870.txt BOARD : select-board DATE : 2013-12-17 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-12-17-agenda-4870.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12172013-4870 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN December 17, 2013 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor Revised 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 Board & Committee Vacancies APPOINTMENTS CURRENT BUSINESS 1. Review & Approval Annual Business Licenses 2. IMA with Town of Townsend for Sale of Net Meteri ng Credits 3. Amend Surrounding Communities Agreement with The Cordish Company 4. Minutes/ Warrants/ Action File Issues 5. Committee Report: Board of Health; Building Reu se Committee; Capital Planning Committee; Finance Committee; Library Board of Trus tees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission; MA Broadband 6. Town Manager Reports or Department Reports APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS EXECUTIVE SESSION UPCOMING MEETING SCHEDULE January 7, 2014- Special Town Meeting January 14, 2014 January 21, 2014 ======================================================================================== DOCUMENT : 2013-12-17-minutes-4870.txt BOARD : select-board DATE : 2013-12-17 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2013-12-17-minutes-4870.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12172013-4870 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MEETING MINUTES 12/17/2013 fa - The Board of Selectmen met in the Joseph F. Bilotta meeting reom at Town Hall as scheduled with Chairperson Tom Alonzo, Vice Chairperson Paula Bertram, Dave Matthews, Jamie Toale, and Town Manager Kerry Speidel. Not present: Robert Ebersole Regular Meeting opened at 7:01 PM 7:00PM PUBLIC COMMENT: Mr. Matthews read a written statement, which he had prepared, regarding the upcoming Special Town Meeting and Special Election concerning the proposed Middle/High School Building project. He reviewed the history and the course of which the School Building Committee has taken in order to get to where the project is right now. If this project does not move forward then repair costs to the existing buildings would be exorbitant and building a new facility is the most fiscally sound option. He reminded people that this is the only opportunity to have the MSBA work with Lunenburg on this project and urged all Townspeople to support this project. Board members all spoke in support of Mr. Matthews statement and urged people to educate themselves as much as they could about the project before casting their votes. ANNOUNCEMENTS Board & Committee Vacancies: Mr. Alonzo announced that there are still vacancies on the Personnel Committee and on the Public Access Cable Committee (PACC). APPOINTMENTS: None CURRENT BUSINESS 1. Review & Approval Annual Business Licenses: Ms. Speidel presented the following licenses for approval as follows: Weekday Entertainment License: Blackhorse 2 d/b/a R.G. Scooters Inc. 84 Lakefront Avenue Lunenburg, MA • American Graffiti 113 Summer Street Lunenburg, MA B & H Corp. d/b/a Mickey Sheas 324 Electric Avenue Unit 4 Lunenburg, MA • The Bootlegger Restaurant 50 Massachusetts Avenue Lunenburg, MA Mr. Matthews moved to approve the Weekday Entertainment Licenses as presented. Ms. Bertram seconded. On vote, motion carried, 4 in favor, 0 opposed. Peddler's License: • Scott D. Lowe d/b/a Scott's Dogs 579 Page Street Lunenburg, MA Mr. Matthews moved to approve the Peddler's License as presented. Ms. Bertram seconded. On vote, motion carried, 4 in favor, 0 opposed. Limousine License: • 1s' Choice Limousine & Transportation Service 555 Chase Road Ms. Bertram moved to approve the Limousine License as presented. Mr. Matthews seconded. On vote, motion carried, 4 in favor, 0 opposed. Lunenburg, MA Common Victualler All Alcohol License: American Graffiti Inc. 113 Summer Street • Asian Imperial Inc. d/b/a Asian Imperial Garden 5 Electric Avenue • R.N.D.C. Corp. d/b/a R.G. Scooters 84 Lakefront Avenue • Cosimi Corp. d/b/a The Bootlegger Restaurant 50 Massachusetts Avenue • Red Pepper Inc. d/b/a Ixtappa Mexican Cantina 308 Massachusetts Avenue Lunenburg, MA Lunenburg, MA Lunenburg, MA Lunenburg, MA Lunenburg, MA ===PAGE 2=== • Se-Flan Inc. d/b/a Sean Patrick's 494 Electric Avenue • B & H Corp. d/b/a Mickey Sheas 324 Electric Avenue Unit 4 • Melendez Magana d/b/a Darios 310 Massachusetts Avenue Lunenburg, MA Lunenburg, MA Lunenburg, MA Mr. Matthews moved to approve the Common Victualler All Alcohol Licenses as presented. Ms. Bertram seconded. On vote, motion carried, 4 in favor, 0 opposed. General on Premises All Alcohol License: 449 Corportation d/b/a Lakeview Club • Mary L. Padula d/b/a The Harley House • J. K. Waterfront d/b/a On the Rocks • Donald E. Lyons d/b/a Settler's Pub 449 Whalom Road 909 Massachusetts Avenue 96 Lakefront Avenue 994 Northfield Road Lunenburg, MA Lunenburg, MA Lunenburg, MA Lunenburg, MA Ms. Bertram moved to approve the General on Premises All Alcohol Licenses as presented. Mr. Matthews seconded. On vote, motion carried, 4 in favor, 0 opposed. Common Victualler Wine & Malt Beverage License: • PP Group LLC d/b/a Bangkok Hill 177 Massachusetts Avenue Lunenburg, MA Ms. Bertram moved to approve the Common Victualler Wine & Malt License as presented. Mr. Matthews seconded On vote, motion carried, 4 in favor, 0 opposed. Retail Package Goods Store License: Victory Distributors d/b/a Hannaford Food & Drug 301 Massachusetts Avenue • Vasta Inc. 433 Electric Avenue • Elena's Gourmet Grocery Inc. 1 Main Street Lunenburg, MA Lunenburg, MA Lunenburg, MA Mr. Matthews moved to approve the Retail Package Goods Store Licenses as presented. Ms. Bertram seconded. On vote, motion carried, 4 in favor, 0 opposed. Retail Package Goods Store Wine & Malt Beverages License: • Carol A. Baker & Henry A. Baker d/b/a Bakers Whalom Variety 423 Electric Avenue Lunenburg, MA • Kahn Mohideen d/b/a Hadwen Park Market 1 Main Street Lunenburg, MA • Genghis Inc. d/b/a Centre Pizza & Variety 1353 Massachusetts Avenue Lunenburg, MA • Central Mass Garden Center 621 Chase Road Lunenburg, MA • Honey Farms Inc.d/b/a Honey Farms Store #93 134 Leominster/Shirley Road Lunenburg, MA Ms. Bertram moved to approve the Retail Package Goods Store Wine & Malt Beverages Licenses as presented. Mr. Matthews seconded. On vote, motion carried, 4 in favor, 0 opposed. Ms. Speidel explained that Donnelly's Tavern located at 43 Summer St., Lunenburg, MA, has a Common Victualler All Alcohol License and a Weekday Entertainment License for which outstanding taxes have vet to be paid. Letters were sent to all who owed any outstanding taxes or fees to the Town in November 2013 informing them of amounts owed and instructions on who to contact to correct their situations. Ms. Speidel had spoken to Mr. Donnelly today and he indicated that he could not pay this today but would be able to pay on 12/30/2013. Mr. Donnelly understands that this is past the deadline and is asking the BOS for consideration due to the number of years that he has operated his business in Lunenburg. Ms. Speidel said that she informed Mr. Donnelly that the BOS are very clear that they will not be issuing any conditional licenses. After due and diligent discussion board members were all in agreement that these licenses would not be signed for Donnelly's Tavern until payment is received and the licenses will not be signed until the 1/7/2014 BOS meeting which will be held before the Special Town Meeting. Ms. Bertram questioned if the business will remain closed until the establishment receives the signed licenses. Ms. Speidel replied that the business would not need to remain closed, but the activities associated with these licenses will not be able to occur, which would make it difficult to operate this establishment, and essentially it would need to close. ===PAGE 3=== 2. IMA with Town of Townsend for Sale of Net Metering Credits: Miss Speidel explained that although Townsend has signed the IMA, this will be continued to a future Lunenburg BOS meeting until information from Unitil & Town Counsel is received. Date of meeting to be determined. 3. Amend Surrounding Communities Agreement with the Cordish Company: Ms. Speidel explained Lunenburg's involvement regarding the Surrounding Communities Agreement with the Cordish Company. Lunenburg, Townsend, Lancaster, and Westminster had entered into this agreement in October of 2013. The Towns of Bolton, Sterling and the City of Fitchburg did not enter into this agreement and chose to petition the Gaming Commission to secure Surrounding Community status. The Town of Bolton was granted Surrounding Community status by the Gaming Commission and Sterling and Fitchburg were denied. The developer, Cordish Co., has proposed a Surrounding Community Agreement to Bolton which that Town is interested in accepting. According to Town Counsel, Lunenburg for originally accepting the agreement in October, has "Favored Nation" status which means that the developer cannot enter into an agreement with another community which gives them better benefits then what Lunenburg is getting. The agreement negotiated with Bolton provides the Town of Bolton with an annual fee of $35k per year and the agreement with Lunenburg provides an annual payment of $5k per year. It was determined that traffic impacts to Bolton via Rt. 117 will be significant. Attempts to negotiate a higher annual payment to Lunenburg were unsuccessful however the Cordish Co. has agreed to offer a one-time payment to Lunenburg of $35k, plus the annual $5k, to amend the agreement. Mr. Alonzo spoke to say that after hearing this information, it seems fair, and by entering into the original agreement it gave Lunenburg the opportunity to be able to access funds through the Gaming Commission if unforeseen things/impacts should arise. Ms. Bertram commented that she was concerned with the clause which states that no other community can receive a benefit higher than Lunenburg and the reality is that Bolton has. If they reach another agreement with another community, then say no we're not going to honor that, why would they have executed this agreement in the first place. Mr. Alonzo explained that the Cordish Co. is asking the Town of Lunenburg for permission to do this and if Lunenburg does not sign this amendment tonight, Cordish Co. will have to go into arbitration with Bolton. Ms. Speidel added that Bolton had proven their case for traffic impact which would cost $35k. This is essentially a way for Lunenburg to accept a one-time payment of $35k that we would not otherwise get. Although the developer is not obligated to enter into a Surrounding Communities agreement with Fitchburg or Sterling, they would if need be, but they would not receive anything more than what Lunenburg is receiving. There are no other communities outstanding at this Mr. Toale moved to accept the modification to the Surrounding Communities Agreement with the Cordish Co. as written. Mr. Matthews seconded. On vote, motion carried, 4 in favor, 0 opposed. 4. Minutes/Warrants/Action File Issues Minutes: 6/12/2012 - Ms. Speidel explained that these minutes were approved by the BOS but there wasn't a signed copy in the folder and the Town Clerk does not have these on the Town Website. 12/3/2013 12/10/2013 Warrants: 12/18/2013 W# 32-14 12/16/2013 W# 13P-14 12/17/2013 W# 31-14 $283,689.62 $709,894.92 $708,655.67 Action File Issues: None 5. Committee Report: Board of Health; Building Reuse Committee; Capital Planning Committee; Finance Committee; Library Board of Trustees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission; MA Broadband: Board of Health - No Report Building Reuse Committee - No Report ===PAGE 4=== Capital Planning Committee - Mr. Toale reported that they will meet tomorrow to present their Prioritization plan to the Town Manager. Ms. Bertram requested that a list of all Department requests be circulated to the BOS for comparison with the Capital Planning Committee's prioritization list. Mr. Toale replied that everything on the list has been prioritized and whether a request makes the cut or not will be up for discussion. Mr. Alonzo suggested that the BOS should discuss establishing a policy for what would qualify as a capital purchase. Finance Committee - Mr. Toale reported that they will meet this Thursday where part of the meeting will be a Public Hearing regarding the Special Town Meeting Warrant. Library Board of Trustees- No Report MPO- No Report Planning Board- Ms. Bertram reported that the meeting focused on the new Village Bylaw and MRPC came in to do a presentation. A lot of the work was delineated to what the Village boundaries would be & where the district would be established. MRPC had prepared a draft Bylaw for the Planning Board to review concerning what uses would be allowed by right. The main focus is to allow mixed uses and right now our Bylaw prohibits that. Originally all of the School property was in the district and after discussion the consensus was to take it out of the district, and eventually come up with a Building Reuse Bylaw. MRPC provided a couple of sample Bylaws for the Planning Board to review and they are hopeful to be bringing these to Town Meeting in May. Ms. Bertram stated that she had, as an individual and not as a member of the BOS, expressed concern with the Passios Building not being in the Village District because she wants it to be easy to repurpose that building should that beçome a reality. There was a discussion on the school itself where Nathan Lockwood asked the Planning Board to support the project and ultimately they voted 3-2 in support. Mr. Alonzo asked if there were any indication why the 2 no votes were voted that way. Mr. Matthews replied that one gentleman was concerned with the cost to the taxpayers and the challenge in finding affordable housing in Lunenburg. The individual felt that we should forego the State money, do it ourselves through ongoing renovations without adhering to the current specs of the MSBA while not worrying about accreditation. Mr. Matthews went on to say that he believed the other gentleman thought that people move to town, use the buildings, then move away and as a life long resident he did not think it was something people should be responsible for or rather people who have children in the schools should have to pay for these types of things. Ms. Bertram added that the first individual believes that the High School can be renovated, can meet the standards, and that we can go back with a different plan. PACC No Report School Committee- Mr. Matthews reported that at their last meeting they started the budget process concerning the non- Town Meeting they will vote on the Passios Building and the Brooks House as surplus. This will be pending a positive vote on the building project. School Building Committee- Mr. Matthews reported that they will be presenting this Thursday to the Finance Committee and the public is invited. Sewer Commission- No Report MA Broadband- No Report 6.Town Manager Reports or Department Reports: No Report APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS: None PUBLIC COMMENT Mir. Alonzo announced that this is the last BOS meeting until the new year. They will be meeting briefly prior to the Special Town Meeting on 1/7/2014. ===PAGE 5=== He then wished all a Merry Christmas, safe, healthy & happy New Year, reminded all about the Finance Committee Public Meeting this Thursday, and asked all residents to attend the Special Town Meeting and vote at the Town Election. EXECUTIVE SESSION: None Being no further business, Ms. Bertram moved to adjourn the meeting. Mr. Matthews seconded. On vote, motion carried, 4 in favor, 0 opposed. Meeting adjourned at 7:46PM UPCOMING MEETING SCHEDULE January 7, 2014 - Special Town Meeting January 14, 2014 January 21, 2014 Respectfully Submitted, usan Doherty, Recording Secretar oard of Selectmel