# select-board — 12 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 : 2014-01-07-agenda-4913.txt BOARD : select-board DATE : 2014-01-07 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-01-07-agenda-4913.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01072014-4913 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN January 7, 2014 6:30 PM – LHS Cafeteria 1079 Massachusetts Avenue AGENDA CURRENT BUSINESS 1. Approve 2014 Business Licenses for Donnelly’s Ta vern, Inc. 2. Approve & Authorize BOS Chair to sign MSBA Proje ct Scope & Budget Agreement 3. Discussion regarding warrant articles for Specia l Town Meeting UPCOMING MEETING SCHEDULE January 14, 2014 January 21, 2014 ======================================================================================== DOCUMENT : 2014-01-07-minutes-4913.txt BOARD : select-board DATE : 2014-01-07 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-01-07-minutes-4913.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_01072014-4913 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MEETING MINUTES 01/07/14 The Board of Selectmen met in the Cafeteria at the Lunenburg High School as scheduled with Chairperson Tom Alonzo, Vice Chairperson Paula Bertram, Dave Matthews, Jamie Toale, and Robert Ebersole. Town Manager Kerry Speidel was also present. Regular Meeting opened at 6:35 PM CURRENT BUSINESS Mr. Ebersole moved to approve the 2014 Business Licenses as presented. Mr. Toale seconded. On vote, motion carried, 5 in favor, 0 opposed. Mr. John Donnelly asked if he could address the Board. He stated that he didn't believe that the decision made: by the Board not to approve his licenses contingent upon payment of past due taxes was fair to him as a business owner. He further stated that while he knew his taxes were late, that for the last 30 years, he's always paid what he needed to pay by the end of the year. He acknowledged that he received a letter from the Town Manager in November advising him of the past due taxes, but that the letter did not state a due date. He requested that in the future, the letter include a due date. 2. Approve & Authorize BOS Chair to sign MSBA Project Scope and Budget Agreement: Ms. Speidel advised the Board that it would need to approve the Project Scope and Budget Agreement with the MSBA and authorize the Chair to sign the agreement. Mr. Matthews moved to approve the MSBA Project Scope and Budget Agreement and to authorize the Chair to sign the document on behalf of the Board. Mr. Ebersole seconded. On vote, motion carried, 5 in favor, 0 opposed. 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 6:50 PM UPCOMING MEETING SCHEDULE January 14, 2014 January 21, 2014 espectfully Submitte RECEIVED & FILED JAN 16 2014 EMOTOWN OFFICE ... . .. ======================================================================================== DOCUMENT : 2014-01-21-agenda-4914.txt BOARD : select-board DATE : 2014-01-21 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-01-21-agenda-4914.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01212014-4914 ======================================================================================== ===PAGE 1=== ===PAGE 2=== ======================================================================================== DOCUMENT : 2014-01-21-minutes-4914.txt BOARD : select-board DATE : 2014-01-21 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-01-21-minutes-4914.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_01212014-4914 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== RECEIVED & FILED FEB 06 2014 LUNENBURG TOWN CLERK OFFICE BOARD OF SELECTMEN MEETING MINUTES 1/21/2014 6:00PM EXECUTIVE SESSION: A. M.G.L. Chapter 30A, Section 21A (3), to discuss strategy with respect to collective bargaining or litigation if an open may have a detrimental effect on the government's bargaining or litigating position, and the Chair so declares. Discussion of IBPO/Police Arbitration Cases, B. M.G.L. Chapter 30A, Section 21A (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 the negotiating position of the public body for discussion of value of Lane Property. The Board of Selectmen met in the Joseph F. Bilotta meeting room at Town Hall as scheduled with Chairperson Tom Alonzo, Vice Chairperson 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. Alonzo welcomed all to this evenings meeting and thanked all who participated in the recent Special Town Meeting and Election. He stated that he was happy to see that the school building project had passed and applauded the School Building Committee along with all others who were involved in bringing this project to fruition. Ms. Bertram spoke to say that she had received an email from Lunenburg resident Steve Powell suggesting the possibility of organizing a football game for the Lunenburg Blue Knights this Spring. Ms. Bertram stated that after the alleged hate crime had occurred the community showed that they can come together to unite and would like to see the community and School Department mobilize again to support the team and try to put together this game in the Spring. Ms. Bertram stated her support for this endeavor and hopes that others in the community will do the same. Mr. Matthews added that he had spoken to the School Superintendent about this matter and she was going to explore the possibility of doing this. He went on to say that not only do we want to recognize the fact the football team, students and entire community had a "black mark" put upon them, but the kids also got a lot of criticism which was not right. He understands the "public safety" aspect of canceling the football games but thinks that people should come together to support the kids and that he supports this effort of having this game if it is possible. ANNOUNCEMENTS Mr. Alonzo announced that the Boys & Girls Club will be holding a fundraiser called "Are You Smarter Thank a 6" Grader" on 3/7/2014 at Lunenburg High School and they are looking for participants along as sponsors for this event. APPOINTMENTS 7:30 PM Alcoholic Beverages License Hearing, License #063600039, B&H Corporation, 324 Electric Avenue- Incident Report filed by Lunenburg Police Department regarding alleged violation of MGL Chapter 138, Section 69 (Sale or delivery of alcohol to intoxicated person); 204 CMR Section 2/01 (2) (Permitting and disorder, 1) no Regulation Consumption alcohol overages on comed praised by managerl filed by the Lunenburg Police Department. receipt on the certified mail. he mal or at nice of to ang was se via cented mal and 1 cas al and we do have the rewa Mr. Alonzo asked all witnesses who would be testifying this evening to come forward and state their names for the Board Secretary. Mr. Herrick was not present at this time. Lunenburg Police Officer Sergeant Jack Hebert & Lunenburg Police Officer Jonathan Broc stepped forward and were duly sworn in by Mr. Alonzo. Mr. Alonzo explained the hearing procedure to all in attendance. Attorney Brian Riley from Kopelman & Paige spoke to remind the board that there is just 1 Officer report for each of the hearings this evening. It was then recorded that Sergeant Hebert would be testifying for the 7:30PM hearing and Officer Broc will be testifying for the 8PM hearing. Sergeant Hebert gave his testimony on the events that happened on 11/1/2013 at 324 Electric Avenue. Sergeant Hebert stated that they had been called regarding an intoxicated person leaving the premises in a vehicle. He responded to the call at approximately 2:11AM, drove around the building but did not see the vehicle matching the description given but there were 8 vehicles in the parking ===PAGE 2=== lot. He left and returned at approximately 2:26AM and there were still 8 vehicles in the parking lot. He stopped in front of the window of the establishment, saw people inside, and entered the bar through the front door. The front door was opened by a male who Sergeant Hebert could not identify, but then was approached by the owner's (Robert Herrick) daughter Lindsey Achilla, Manager of Mickey Shea's. Ms. Achilla told Sergeant Hebert that she had just got there to pick up her father and Sergeant told her that it was past closing time and everyone had to leave. Sergeant Hebert saw 11 people in the bar at this time and there were 3 drinks on the bar. Sergeant Hebert recognized 4 of the people as Ms. Achilla, Mr. Herrick, the bartender Julia, and another employee Eric Hickman. None of the other people in the establishment were employees. He advised Ms. Achilla that it was past closing and everyone had to leave. Ms. Achilla went to speak to her father and Sergeant Hebert heard Ms. Achilla explain to Mr. Herrick what time it was, why it was time to go and why Sergeant Hebert was there. Sergeant Hebert observed Mr. Herrick get off of a bar stool and said that he was extremely unsteady on his feet, he heard him slur his speech, but did not speak to him and remained 15-20 ft. away from him. Mr. Herrick then left through the rear door along with everyone else except for one other male who Sergeant Hebert observed to be extremely intoxicated. Sergeant Hebert asked the bartender if this person was driving, she replied no and that she was giving him a ride home because of his condition. Sergeant Hebert stated after that everyone left and the establishment closed. Mr. Alonzo asked Sergeant Hebert how many times he entered the building and if the door was locked. Sergeant Hebert replied once and yes the door was locked. Town Counsel, Brian Riley of Kopelman & Paige spoke and asked Sergeant Hebert to clarify for the record, is the closing hour for this establishment 2AM. Sergeant Hebert replied yes and that it was 2:26AM when he entered the establishment. Attorney Riley asked if he had observed both employees and other persons inside. Sergeant Hebert replied yes. Attorney Riley asked when Sergeant Hebert is on that shift is it standard procedure to go by all of the liquor license holders to see if they are closed. Sergeant Hebert replied we try to go by as many as we can and he believes that there are 11 of them in town that stay open until 2AM and we try to drive through around 2AM. Mr. Alonzo asked if the license holder was here tonight to present his/her case. Mr. Alonzo stated let the record show that the license holder and the manager of the establishment are now present. We have already heard the Town's case concerning this incident on 11/1/2013 and reviewed Sergeant Hebert's testimony with everyone. Robert Herrick, owner of Mickey Sheas, came forward to identify himself and was duly sworn in by Mr. Alonzo. Mr. Herrick spoke and said that the notice he received states that tonight's meeting was at 8PM Mr. Alonzo replied that there are 2 hearings, the first at 7:30PM concerning an incident on 11/1/2013 and the other at 8PM concerning an incident which happened on 12/15/2013. Mr. Herrick said that he has the 2 incident reports and 1 paper that states the hearing begins at 8PM. Ms. Speidel replied that there were separate notices sent. A letter sent on 12/23/2013 by certified mail and by 1% class mail advising the hearing was to be held on 1/14/2014 at 7:30PM. That meeting was rescheduled to 1/21/2014 and she is in possession of the return receipts by certified mail. Mr. Alonzo established the fact that Mr. Herrick was in receipt of both notices and at this time we are dealing with the 11/1/2013 Mr. Herrick stated that on 11/1/2013 there was a Halloween Party at his establishment which went off without incident. Last call was given at the usual time and perhaps even a little earlier at around 1:30AM. At that point there were 2 doormen, 1 out front and 1 out back, and they are there to insure that there are orderly exits from the parking lot. At approximately 1:45AM as patrons were leaving, someone came in who we did not know and he was not a patron there that evening. This person wanted "last call" and he did not receive it. We recognized that he probably should not be driving and we attempted to get him to take a taxi home and he refused because he needed his vehicle in the morning. Approximately 5-6 minutes later we convinced him to let us drive him home, and we had a person that would follow him. When this individual got outside of the building he jumped into his car and took off. We had told him that if he tried to leave we would call the station and when he left in his car we called dispatch and Sergeant Hebert arrived somewhere around 2:07AM. Sergeant Hebert was met outside by Alex the doorman who gave him a description of the car and the person. At this point Sergeant Hebert left and the doorman returned inside and at this time it was approximately 2:10AM. At this time there were 11 people in the bar and they were the 2 doormen, 2 bartenders, 2 entertainers, the Manager, Ms. Achilla, myself, and the person that we were giving a ride home to. Within 10-15 minutes Sergeant Hebert came back to the front door and told the doorman that he was unable to locate the person and it was time for everyone to leave. Within 2-3 minutes everyone was gone except for Julie the bartender who was cleaning up and the gentlemen that she was bringing home. In terms of things on the bar and the people sitting there, on a night like that when you are relatively close to capacity it is not uncommon for 10-15 minutes after closing that the doormen take the bottles from the tables and put them on the bar and I have no doubt that there were probably empty bottles and cups there. To my knowledge no one was served or drank after 2AM. Mr. Herrick added that he thinks the confusion came when Alex called the dispatch, he did not identify himself as our doorman. When Sergeant Hebert came he spoke to Alex, Alex was the person that called and he gave him the description of the car and the person. Mr. Matthews asked what time last call was at. Mr. Herrick replied 1:30AM and possibly even a few minutes before that. Mr. Matthews asked what the normal procedure for emptying the bar out was. Mr. Herrick replied that employees are out at 2AM and often times on a Saturday night if we have entertainment they usually stop playing around 10 minutes before 2AM. Depending on who is playing and how much equipment they have to break down and then get paid we are generally out of there between 2:20AM - 2:30AM. There are functions you do at the end of the night to prepare for the ===PAGE 3=== following day such as cleaning, stocking, wiping things down and securing the building. The only people that would be in there would be the employees who worked that night. Mr. Alonzo asked Mr. Herrick to repeat again who the 11 employees were in the building. Mr. Herrick replied there wasn't 11 employees. There were 2 bartenders, 2 doormen, 2 entertainers, and the 3 people who were not working or employed that night were the 2 people that I had asked to drive this gentlemen, 1 being Ms. Achilla's husband and the other and those 2 people were there for just a very short while and left. Mr. Matthews asked Sergeant Hebert based on his observations were people closing down or were they hanging out. Sergeant Hebert replied that nobody was aware that he was there until the door was opened, everybody was still sitting with their backs to the door at the bar. Mr. Matthews asked if anyone was putting away equipment. Sergeant Hebert replied that they were all sitting at the bar talking. Mr. Alonzo asked Sergeant Hebert what time he was there the first time. Sergeant Hebert answered that he drove through the parking lot at 2:11AM and at that time I did not speak to anybody. I drove around the back of the building, came back, did not see a grey Chevy, I left out of the lot and drove around the area for about 15 minutes looking for the grey Chevy, and then went back. I did not talk to anyone the first time I was there. Ms. Bertram asked Sergeant Hebert if he spoke to Alex the second time he arrived. Sergeant Hebert replied no, I did not. Mr. Matthews asked Sergeant Hebert if he knew Alex the doorman. Sergeant Hebert replied no I do not. Mr. Alonzo asked Sergeant Hebert how confident he was that it was 2:26AM when you were there. Sergeant Hebert replied that he was positive. Mr. Alonzo spoke to say that the hearing is about 4 potential violations and reviewed them to the board as follows: 1. Sale or delivery of alcohol to intoxicated person 2. Permitting any disorder, disturbance or illegality of any kind in or on the licensed premises 3. Operating and allowing drinks to be consumed after mandatory closing hour 4. Consumption of alcoholic beverages on licensed premises by manager or employee He then asked Sergeant Hebert what types of items he saw on the bar. Sergeant Hebert replied he remembers 1 draft beer, a clear plastic cup sitting in front of one female, and I don't know exactly what the other 2 were, I don't want to make anything up, but there was one specific draft beer in front of 1 female that I can remember. Mr. Alonzo asked if he witnessed anyone drinking any of those beverages while he was standing in the doorway inside. Sergeant Hebert replied no, I did not. Mr. Herrick spoke and said that one of the charges had to do with the Manager. Lindsey was on duty that night and was not drinking Mr. Matthews asked Mr. Herrick if he was on duty that night as the owner. Mr. Herrick answered he was dressed as Dracula and was not on duty. I did perform some managerial functions as we closed. | batched out the credit cards did the Keno but that was it. Mr. Matthews states so then you were working. Mr. Herrick replied that he just did it to expedite. Mr. Ebersole mentioned that our regulations talk about hours of operation and say that no patrons shall be on the premises before the opening or after the official close. Customers must be up and out once the closing hour of the licenses are reached. He questioned whether anyone other then the employees can be there and questioned if a performer can be there during that time because they would not be considered an employee. Ms. Bertram spoke to say that if that is how we are interpreting that regulation there will many establishments in the town that will be in violation. If the establishment is open until 2AM and there are bands set up they are not going to "take down" 45 minutes prior to the closing of the establishment. There is a lot of time associated with breaking down of equipment and you don't do that when the establishment is open during the function. Mr. Matthews added that we heard that they were not breaking down equipment. Mr. Ebersole questioned if a customer is someone who is consuming a drink and if somebody who is breaking down is consuming a drink do they turn into a customer at that point. Mr. Toale asked Mr. Herrick if his entertainers are allowed to consume alcohol while they perform. Mr. Herrick replied they do from time to time. Mr. Herrick spoke and said that the gentlemen who came in at 1:45AM posed no threat to us, but he did pose a threat to other people. I can't physically stop him from leaving but I can do what ever I can to discourage him. At the point that | lose control of that, is when I'm supposed to call the station. I couldn't keep him there but if I did he would have been there after 2AM. Its one of those situations that the other gentleman we were bringing home was there after 2AM and that was to prevent him from driving. Mr Alonzo asked at what point did you call the station for the person who left. ===PAGE 4=== Mr. Herrick replied that this all happened in a very short time span. He went outside with the 2 people who were to drive him, I'm not sure what happened at that time but he got in his car and took off. Alex the doorman was also out there and that's when he got on the phone and called dispatch. Mr. Alonzo asked if Sergeant Hebert would like to make a closing statement. Sergeant Hebert said that the door was opened for me by Lindsey and she told me that she had just got there to pick up her father. Mr. Herrick spoke and said that she had left for 3 or 4 minutes to give someone a ride but she had been there all night. Lindsey Achilla stepped forward, stated her name, and was duly sworn in by Mr. Alonzo. Ms. Achilla spoke and said that she was the Manager on duty that night and was there all night. I left to bring a patron home and was gone maybe 7-8 minutes and in that time frame that I was gone was when the guy in the car showed up and that incident occurred. When i came back I spoke to Sergeant Hebert outside briefly and told him I just came back to get my Dad and get everything situated I went inside, saw everything that was going on, told my Dad it was time to go, the bartenders were cleaning, there were still a couple of things left on the bar. I didn't observe anyone drinking, all my bartenders know they are not supposed to, and it's something I've been trying to instill in them. We are trying to do everything as we are supposed to, it does take a long time to break down entertainment, count banks, pay people etc...its a process to close the bar. Its not unusual for employees to still be there at 2:30AM depending on how busy it was and how much work we have to do. Mr. Ebersole questioned the process of removing bottles from the bar. Ms. Achilla replied that we clean off all the tables first, wipe the tables down then line the bottles up on the bar. Behind the bar we have empty cases and they have to be sorted between clear bottles, green bottles, and brown bottles and she explained the sorting process to the board. It's not unusual to have bottles on the bar. We don't have a dish washer, we have a hand one so it's not unusual for us to have a line of empty drink cups in our dish area and on top of the bar. Mr. Ebersole asked if glasses and bottles are removed from in front of people. Ms. Achilla replied yes. Our bar clock is typically set 10-15 minutes ahead of schedule so we can make sure we have everybody out when they are supposed to be. I have had instances at last call when people don't listen and I have to physically take the drink out of their hand. There is no alcohol served after 2AM. When an incident like this occurs, when someone shows up intoxicated, our focus shifts off of cleaning to make sure that this situation is being taken care of. We wanted to make sure that we didn't get in trouble, we didn't serve them and there was a lot of talk about this incident going on afterwards. To testify to what Sergeant Hebert said about us sitting around, we were going over what had just occurred and discussing what we did and if it was the right thing. I was just trying to reassure my employees that they did the right thing. At this time Mr. Alonzo asked for closing remarks and there were none. Mr. Alonzo declared this hearing closed and opened up board deliberation. Ms. Bertram spoke to say that this was a big event, it was 2:26AM and as the Manager stated there is a lot to clean up after an event such as this. There was an incident that probably shook up the staff and they were talking about it when the Officer arrived There were 2 or 3 individuals in the bar that should not have been there but based on what I've heard, I'm not concerned that they were being served alcohol at that point in time. The majority of the individuals on the premises at that time were employees or entertainers, and l don't believe that a violation occurred. Mr. Matthews said that he thought that was plausible but there were indications that the licensee was over served and he's not sure how someone can manage a process even if their not on duty if they are over served so that's a caution. Ultimately at this point I would generally agree with Ms. Bertram. Mr. Ebersole said his only concern was the liquor bottles on the counter in front of the patron or an employee, as opposed to in front of the sink. Since we don't have any evidence of actual drinking I'm not sure if we can give a warning. I think they took the appropriate action by calling the police and trying to get the person not to drive and that could have interfered with the normal flow. I think that last call means last call and as you get closer to the end you make sure there are no bottles in front of anyone. Mr. Toale spoke and said in consideration of what Ms. Bertram said | agree that there were some extenuating circumstances but | believe that having people there that shouldn't have been there and the potential over serving the licensee could be considered violations that deserve a warning or a penalty. Mr. Alonzo spoke and said that of the 4 points he thinks that the only one that is possible is Section 1.10 (d) of the regulations and that non-employees were there after hours. I don't see any indication that the Manager or an employee were drinking. I am more than willing to allow for extenuating circumstances with the disruption of someone who is clearly not able to drive afterward which would take 20 minutes away from the closing time. I'm not willing to allow for the defense that it was a big event and would take a while to clean up. You have the onus to close on time with the proper people being out or in. He believes that it is a fine line that the licensed owner was saying he wasn't on duty but did some managerial work. He recommended that in the future if Mr. Herrick was going to attend one of his own parties he does not do any managerial or ownership activities that might be construed as being an employee. He went on to Ms. Bertram noted that the regulations under 1.04 (b) does state that they have 60 minutes after closing hour to complete what ever task they need to and in this case it was 2:26AM. Ms. Bertram moved that the board finds that there was not a violation related to the incident report filed by the Lunenburg Police Department. There has not been a violation of MGL Chapter 138, Section 69; 204 CMR Section 2.01 (2); Section 1.04 (a) of the License Regulations of the Lunenburg Licensing Commission and Section 1.10 (d) of the same Regulations on 11/1/2013. ===PAGE 5=== Mr. Matthews seconded for discussion. Mr. Ebersole stated that he had 2 problems with this. The first being whether Mr. Herrick is being considered an employee or a manager when the manager is on duty. It states that a manager or employee is not allowed to consume alcoholic beverages and if he is operating as a manager there is a violation there. We did not have evidence of drinks being consumed but a drink being in front of somebody on the bar is what concerns me. Mr. Matthew said the indication was that the clean up was done and that this was just a regroup to discuss the events of the evening and the work should have been done but there were still drinks on the bar and there's a contradiction there. Mr. Alonzo said that what he heard in the testimony, was that what was being discussed, was the latter incident. Ms. Bertram said that what she heard during the testimony, was that clean up was going on and they were discussing the incident that had happened. There is no testimony that anyone was seen consuming beverages. She did not hear that the clean up had been completed at 2:26AM. Mr. Ebersole asked for general clarification on what license holders are allowed to sit around the bar afterwards. Customers are supposed to be out, employees can be there, but the question is someone sitting around the bar with drinks in front of them. Who is supposed to be in the bar, I assume it's supposed to be only employees. If the entertainers are sitting at the bar too, I believe they have turned into customers. I'm struggling with how we are supposed to give guidance to license holders about what they are supposed to be doing. At last call they are supposed to be taking the drinks away, at closing time there should be no drinks out and there should be no patrons other than employees. Attorney Riley spoke to say that Chapter 138 section 12 states that a manager can be on the premises at any time but employees after Mr. Ebersole spoke to say that there were indications that some of the people there were not employees. He believes that there was indication of drinking which cannot be proven but believes the violation comes with people in the building other than employees. Mr. Alonzo asked Attorney Riley if there was any determination in the statute about what a license holder qualifies as Attorney Riley replied that it says the licensee or the manager should not be prohibited from being on the licensed premise at any time. They are not allowed to be consuming alcohol after hours but they can be there. Mr. Toale spoke to say that he believes that what he heard in the testimony was that there was 3 drinks in front of 3 specific people. There were people in the bar that shouldn't have been in the bar and thats where the violation is. Because of the extenuating circumstances I'm fine with perhaps a warning but I do believe there was a violation. After due and diligent discussion concerning the interpretation of the 4 potential violations, board members agreed that there was a "technical" violation committed concerning the Lunenburg License Commission Regulation of Section 1.04 (a). At this time Ms. Bertram withdrew her previous motion and Mr. Matthews withdrew his second of that motion. Mr. Ebersole moved that the board finds that there was a violation of the Lunenburg License Commission Regulation 1.04 (a) and no other. Mr. Toale seconded. On vote motion carried, 5 in favor, 0 opposed. Mr. Matthews moved to recommend a written warning be issued to the license holder concerning the violation of the Lunenburg License Commission Regulation 1.04 (a). Mr. Ebersole seconded. On vote, motion carried, 3 in favor, 2 opposed (Alonzo & Bertram). 8:00 PM Alcoholic Beverages License Hearing, License #063600039, B&H Corporation, 324 Electric Avenue- Incident Report filed by Lunenburg Police Department regarding alleged violation of MGL Chapter 138, Section 69 (Sale or delivery of alcohol to intoxicated person; 204 CMR Section 2/01 (2) (Permitting and disorder, disturbance or illegality of any kind in or on the licensed premises); Section 1.04 (a) of License Regulations of the Lunenburg Licensing Commission (Operating and allowing drinks to be consumed after mandatory closing hour) and Section 1.10 (d) of the Regulations (Consumption of alcoholic beverages on licensed premises by manager or employee). Date of alleged incident - 12/15/13: Mr. Alonzo read into record the Alcoholic Beverages License Hearing notice for License #063600039, B&H Corporation, 324 Electric Avenue regarding an incident that happened on 12/15/2013 which was filed by the Lunenburg Police Department. He asked all who were testifying to approach the board to state their names for the record. Officer Broc of the Lunenburg Police Department, Robert Herrick, owner of Mickey Sheas and Lindsey Achilla, manager of Mickey Sheas all stepped forward, stated their names, and were duly sworn in by Mr. Alonzo. Mr. Alonzo then preceded to explain the procedure of the hearing to all present. Officer Broc began his testimony on the events that happened concerning this hearing. Officer Broc stated that on the morning of 12/5/2013 at approximately 2:45AM he along with another officer who was in a cruiser in front of him were responding to a call. The other Officer, Officer Ayles notified Officer Broc that there were a few cars in the parking lot of Mickey Sheas, assured Officer Broc that he would handle the call and asked Officer Broc to look into the vehicles in the parking lot. Officer Broc pulled into the parking lot and ===PAGE 6=== saw that there were 8 cars in the parking lot, 3 of which were running. He noted that there was a substantial amount of snow at that time. He entered the establishment, the lights were on, and the bar was being cleaned up at that time. There were approximately 11 people in the bar, he saw Mr. Herrick, and informed him it was well after closing time. Mr. Herrick replied that he knew that, everyone is leaving now and they are cleaning off their vehicles. Officer Broc informed Mr. Herrick that he had 10 minutes to have everyone out of the establishment and then left the premises. Office Broc went to assist Officer Ayles and when he returned to the establishment approximately 10 minutes later all had left the premises. Officer Broc noted that there were no alcoholic beverages on the bar or on the tables and he did not see anyone drinking. The only items on the bar were food from a party. Mr. Ebersole asked Officer Broc if he found out who the parties were that were inside of the establishment. Officer Broc replied that he did not. When he walked in he saw that Mr. Herrick was behind the bar, spoke only to him, did a quick observation and then left. Mr. Matthews asked Officer Broc besides Mr. Herrick, what were the 11 people doing. Officer Broc replied they were getting their coats on and preparing to leave. I was responding to a call, which I was concerned with, and I just wanted to get in to let them know it was past closing time and people had to leave. Mr. Alonzo asked Officer Broc if he was familiar with the people who work there. Officer Broc replied that he was familiar with Mr. Herrick, Lindsey, and Julia. He did not see Lindsey and he believes that Julia was off to the side of the bar and once he saw the owner, spoke to him only about the fact that it was well after closing and that people needed to leave. Officer Broc said that Mr. Herrick was well aware of that and people were leaving as he was going in to the establishment. Mr. Herrick began his testimony by saying that on the 15 of December was our 18 significant snow storm. We had pre-arranged an employee Birthday party, there was a lot of food brought in, and because of the inclement weather we only had 5 employees with their guests. Last call was done and nothing was served after 1:45AM. What I did do, and it was my decision, was to let the guys go out to clean off and start the cars and to shovel out the area. While that was going on, we were packaging up the food. We could have been out of there earlier. Earlier that evening the person who plows the plaza for Lakeview stopped by to make sure there would be no cars left in the parking lot. The guys that were there were the ones who went out to clean off the cars and shovel them out and while that was going on, inside we broke down the buffet tables and put the chairs and tables back. We could have probably gotten out of there Mr. Alonzo asked Mr. Herrick who the 11 people in the bar were that evening. Mr. Herrick replied that pretty much it was the 5 female bartenders with their significant others. There was nobody there that didn't work there or come with a spouse and I did not have a customer walk in. Mr. Alonzo said that our Licensing Regulation is pretty clear that you can only be an employee. Mr. Herrick replied that he understands that. I'm the one that made the decision that they could stay longer to let the cars warm up. Everyone was plowing and seemed to make sense to let the cars defrost. Mr. Alonzo asked Mr. Herrick if it had crossed his mind that considering the weather and the fact closing time is 2AM that they should have started that at 1:45AM. Mr. Herrick replied that it did not. Attorney Riley spoke to say that in respect to this notice there are probably a couple of charges in there that do not belong there and we are looking at regulation 1.04 (a) again which concerns non-employees on the premises. He went on to say that the Town's regulation and State Law says employees are only allowed to be there if they are working, and this was 45 minutes afterwards. Mr. Alonzo asked for any closing remarks, there were none, he declared this hearing closed, and the board entered deliberation Mr. Alonzo began by saying that this hearing is completely different then the previous one. Mr. Herrick knew it was snowing and that is not an extenuating circumstance. There was ample time to get an ample start so that everyone was out that did not need to be there, by 2AM. Mr. Herrick's decision to allow them to stay until closing time and beyond to attend to their vehicles is a clear violation of this particular section of our regulations. Mr. Ebersole spoke to say that he agrees and moved that the board find that there was a violation of the Lunenburg License Commission Regulation 1.04 (a) and no other charges. Mr. Matthews seconded. On vote motion carried, 5 in favor, 0 opposed. Discussion ensued among the board members regarding what penalty should be determined for this violation. Mr. Matthews viewed this issue similar as the previous hearing felt that a warning should be issued Mr. Alonzo said that he disagrees and said that unlike the previous hearing, this is a clear violation. Ms. Bertram stated that she agrees with Mr. Matthews. She said that she did not agree in the previous hearing because she felt there were extenuating circumstances and in this case | feel that there was a violation and I feel that a warning in this case would be Mr. Ebersole spoke to say that warnings do constitute an action taken by this board so if there is a violation in the future we can refer back to this as an action that we took. He assumes that if this activity continues then we can certainly escalate the violation penalty at a Attorney Riley spoke to say that the statutes don't talk about this but cited section 1.14 (a) regarding Liquor License Sentencing Guidelines in the Lunenburg Regulations. He went on to say that in case you have found a violation and you're choosing to give a warning which he thinks is entirely appropriate. These warnings are on their record now. ===PAGE 7=== Mr. Toale stated that he agrees with Mr. Ebersole and that in the future a similar offense on this statute would constitute a 3d offense. Mr. Alonzo noted that the repeal of the previous appeal would make this the 3'd violation in approximately 6-9 months. Mr. Toale clarified that his point was the 3° violation in this particular statute. Mr. Alonzo said that he believes that the penalty must be more punitive then a warning. Mr. Herrick made the voluntary decision to let people stay there and it's the 2nd violation. Technical violations are violations and we need people to follow the guidelines. Mr. Alonzo asked Counsel if part of the penalty be that the establishments closing hours be changed. Attorney Riley replied that what the statute says is that you have to allow any on premises license to stay open until 11PM. Between 11PM & 2AM is local discretion. You can reduce someone's operating hours but it takes a separate hearing with a separate notice. Mr. Alonzo clarified his question to say change the hours for just 1 day. Mr. Riley answered that he is hesitating because in chapter 138 section 12 it specifically talks about "permanently" but you would need to give someone specific notice that this was to happen and right now he cannot answer that question. Ms. Bertram spoke to say that given the circumstance there was no alcohol, she agrees there was a violation and an action is warranted. Ms. Bertram moved to issue a warning to the license holder. Mr. Ebersole seconded. Mr. Matthews spoke and said that on 9/17/2013 we were here discussing the change of manager, 11/1/2013 was the 1" offense of after hours activity, and 12/15/2013 was the one after. We are here every 45 days to re-visit. I'm in favor of this but obviously there is some history and trends and we don't want to be back here again. Mr. Alonzo spoke to say that concerning the prior appeal to suspend the Alcoholic Beverage license of this establishment, he feels it was an incredibly generous suspension that was given by the BOS and this is yet another generous lack of suspension given by this board. He will vote for it but thinks it should have been suspended for at least part of the day if not the entire day. On vote, motion carried, 5 in favor, 0 opposed. Mr. Alonzo also informed Mr. Herrick of the suspension dates of the previous matter concerning the license suspension stated that they will also be notified by mail. Mr. Matthews noted that we spend a lot of time going through our policies, including alcohol policies, and he feels that if there are policies in there that board members feel are just technicalities that are not worth enforcing then perhaps we should eliminate them. He feels there is no point in burdening establishments in town with policies if they are just technicalities and not worth enforcing. Mr. Alonzo replied that he did find them in violation on the 2"d one and that were extenuating circumstances on the 1s one. Mr. Ebersole suggested having a workshop to review the policies of enforcing liquor license laws and violations. Attorney Riley spoke and said that Kopelman & Paige do come in to do seminars, generally free of charge for the client, on a variety of Ms. Speidel added that the ABCC's training is very infrequent and more for staff in processing the paperwork. Mr. Ebersole also added that he would like for the training to give guidance to Police Officers in how the board will vote and that they know what they should or should not be doing, as well as something for the license holders. Ms. Bertram revisited the comments regarding it being a "technical" violation saying that she found that in the 2d hearing it was a technical violation but that in the 1" hearing there were extenuating circumstances. Although she did find that there was a violation she did not feel it was appropriate to issue a warning. She believes it is a good regulation and it needs to be enforced which is why she voted to issue a warning on the 2°d hearing. CURRENT BUSINESS 1. Acknowledgment of Appeal of BOS decision on 9/17/13 to suspend Alcoholic Beverages License #063600039, B&H Corporation, 324 Electric Avenue and/or vote to re-impose 2 day suspension: The applicant, Robert Herrick, was not present for this procedure. Ms. Speidel reviewed the history of this item with the board. She explained that Mr. Herrick had the opportunity to appeal the BOS decision with the Alcoholic Beverages Control Commission (ABCC) and he did file a timely appeal with them and on the advice of Counsel, the BOS decided to stay the 2 day suspension pending the outcome of that appeal. The appeal was scheduled before the ABCC for 1/15/2014 and on 1/10/2014 Mr. Herrick decided that he did not want to go forward with the hearing and it was cancelled. Ms. Speidel stated that the BOS may now go forward with choosing a new date for imposing the 2 day suspension. After due and diligent discussion Mr. Matthews moved to suspend the Alcoholic Beverage license #063600039, B&H Corporation, 324 Electric Ave on February 14, 2014 and February 15, 2014. Mr. Toale seconded. On vote, motion carried, 5 in favor, 0 opposed. 2. Review & Approve Automatic Amusement Device & Weekday Entertainment Licenses for Primetime Pub, 5 Summer Street, Unit 10: Ms. Speidel explained that the requests before the BOS this evening were for automatic amusement device licenses for 5 machines and for a weekday entertainment license. The applicant was not required to attend the meeting this evening, the application is complete and the fee for the licenses will be paid upon issuance. Discussion: Mr. Matthews stated that everything looks to be in order and he would support this request. ===PAGE 8=== Ms. Bertram moved to approve the Automatic Amusement Device and Weekday Entertainment Licenses for Primetime Pub, 5 Summer Street, Unit 10. Mr. Matthews seconded. On vote, motion carried, 5 in favor, 0 opposed. 3. Open Warrant for Annual Town Meeting & Review Schedule: Continued to the 2/4/2014 BOS meeting. Ms. Speidel informed the board that the schedule for the warrant has not been completed yet. She requested to have a special BOS meeting on 1/28/2014 to take care of this matter and mentioned that there was another of other items that could be added to that agenda such as Board/Committee appointments, Public Access Cable Committee (PACC) quorum issues, and negotiating a new Cable License Franchise. After discussion among the board members they all agreed to not post a meeting for 1/28/2014. Mr. Alonzo reminded all of the openings on the Personnel Committee and PACC and encouraged people to get involved 4. Minutes/Warrants/Action File Issues Minutes: 12/17/2013 Warrants: 1/21/2014 W#38-14 $544,404.78 Action File Issues: Mr. Ebersole requested that a status update regarding the abandoned gas station in the center of Town be placed on the BOS agenda for further discussion. He also requested an update on the status of the Bylaws Codification. 5. Committee Report: Board of Health; Building Reuse Committee; Capital Planning Committee; Finance Committee; Library Board of Trustees; MPO; Planning Board; PACC; School Advisory Committee on Acceptance & Diversity; School Committee; School Building Committee; Sewer Commission; MA Broadband: Board of Health - Mr. Ebersole reported that the Board of Health (BOH) had met for normal review of several items. clarification if they had the authority to not issue a Food Service Permit before the BOS issue a Common Victuallers license, if the applicant's taxes were unpaid. Ms. Speidel replied that it's a Local Acceptance Statute and it is State law that the Town can withhold licenses and permits for failure to pay taxes or fees and this would cover the BOH permit process as well. Building Reuse Committee - Mr. Toale reported that this committee is awaiting any future charter as result of the recent vote. Mr. Toale requested that this should be a BOS agenda item for discussion on whether or not to continue with the same committee and how to conduct the activities of this committee in the future. Capital Planning Committee - Mr. Toale reported that this committee has presented its final prioritizations to the Town Manager and their task is completed until the budgeting cycle begins. Ms. Bertram requested the Prioritization List be distributed to the BOS for examination before the Town Manger budget recommendations were given. Ms. Speidel agreed to do this. Finance Committee - Mr. Toale reported that this committee continues to work on their Policies and Procedures, they had reviewed the Snow & Ice deficit with the Town Manager, set the agenda for the 1/23/2014 meeting to do a deficit spending authorization, and are preparing a schedule for the budget season. Library Board of Trustees- Mr. Ebersole reported that this board met last Thursday where they adopted their budget and will be requesting no more than the required amount to meet State requirements. In regards to technology, they are looking forward to the Broadband access and are looking to terminate the Comcast service. They were also curious as to what the cost will be to them by the provider through Mass Broadband. The Library Director's Evaluation form is in the process of being updated. A new "robust" webpage will be released for the Library very soon which will allow the public more access to the C/W MARS system. MPO- Ms. Bertram reported that discussions have begun regarding the 2016/2018 Transportation Improvement Program (TIP). The 25% Design Analysis has been submitted for the Summer St. project and is currently being reviewed by the Massachusetts Department of Transportation (MassDOT). Concerns arose regarding the funding for this project that come from a variety of different sources and in order to make sure the project will qualify under all of the standards Montachusett Regional Planning Commission (MRPC) will need a copy of the Functional Design Analysis which they have not received yet. There is also a list of projects that all have numbers but have not been slated for funding, in any of the funding years yet. After reviewing the list, Ms. Bertram did not see the Chase Rd. project listed. Ms. Bertram met with Jack Rodriquenz, Lunenburg Public Works Director, to discuss this issue, Mr. Rodriquenz followed up with Trish Domigan from VHP and she indicated that she would forward the Functional Design Analysis so it can be qualified. An engineer had submitted a "Project Need" for Chase Rd. and MassDOT raised concerns with crash data associated with the intersection at Chase & Northfield Rd. along with the intersection at Chase & West Townsend Rd. Ms. Bertram is hoping that this will not trigger another review with additional design work because it originally was considered a "book job" which would mean basically "resurfacing" vs. a "full blown design". She is currently waiting to hear on how this will proceed. Planning Board- No report ===PAGE 9=== PACC- Mr. Ebersole reported that PACC will be meeting on 2/3/2014 and a member has announced that she will be resigning at that meeting. Two other members terms will be ending in June and this committee will be looking at quorum issues regardless of how many people are left on this committee. School Advisory Committee on Acceptance & Diversity- Mr. Ebersole reported that this committee had met, organized their officers and discussed various things that they would be covering. He mentioned that the School has already done a great deal of work on this subject along with the parents, students and teachers. This committee will be working with them in an "advisory" capacity. School Committee- No report School Building Committee- Mr. Matthews reported that this committee met last week and they updated all of the contracts. The next phase will be the final design of the building. He noted that there is an opportunity for local vendors who are qualified to be involved and if they have an interest they should stay on top of this to see when the pre-qualifying bid process will begin. Sewer Commission- Mr. Ebersole reported that this commission met on 1/14/2014 where they reviewed a request to extend the sewer district beyond what was mapped out in the Comprehensive Waste Water Treatment Plan. They have asked the applicant to bring in documentation of why it would need to be extended. There is a meeting scheduled to review their budget and they are also looking at the flow meter reading remotely and how we are actually going to be charged for the amount of sewerage going into Fitchburg & Leominster as opposed to the water that goes into the various houses and how to maintain the quality of the meter readings so as not to get overcharged In regards to the grease trap process the schools have done all of their cleaning & reporting but there are still some properties that are still not in compliance with the reporting requirements. MA Broadband- Mr. Alonzo reported that the initial project is coming to an end. Almost the whole project is lit and whatever is not will be done by the end of this month. The first thing to be connected will be the community anchor institutions (public buildings) which have lines directly to the buildings. It will then become just a matter of working with the service providers. Mass Broadband has handed off the running of this to Axia, which is the company that is running the fiber network. Axia is working with service providers who will be connecting the public buildings which will come at a cost. Mr. Alonzo has signed off of this project and his given all information to the Town IT Director, Steve Melandrinos, and he will be working with them from now on. The next phase of the project is waiting for funding at the State House and is called "The Last Mile" 6.Town Manager Reports or Department Reports: * Update on Solar Projects/Net Metering Credits: Ms. Speidel stated that originally we were going to purchase Net Metering credits from both projects. When NuGen bought both projects requested that the Municipal project be moved to Chase Rd. and they do a private project on West St. Because of the size of the project on Chase Rd., it was able to be classified as a Class Ill project and the result is that instead of us working with credits, Unitil will determine what the electricity is worth and will pay that over to the Town in a check. We will receive 100% of the value of the electricity, turn 85% of that over to the developer, and we will retain the remaining 15%. We will not be working with credits, we will be working with cash. This is the same deal for the Town but we will receive 100% of the excess value and we will not have credits to sell which will make it easier on the Town. Assuming that the project is going to produce what it says it will, approximately 2.85kw hrs on an annual basis, with the estimated value of 18.6 cents per kw, we are looking at about an $80,000 savings to the Town on an annual basis. The Town of Townsend was notified today of this development. Mr. Alonzo asked if Unitil was the sole determining factor in whether we get credits or they buy out in cash. Ms. Speidel replied yes. Because of the size of the project it's now a Class Ill and this is the way they handle Class Ill projects. Mr. Ebersole asked how Unitil values the electricity and how do we document that it is being done correctly. Ms. Speidel answered that they produce on a monthly basis a report that shows what the value is for each of those items. She will research this further with John Londa, Facilities Director of Schools. * Update on Eagle Heights Project: Ms. Speidel reported that she has been in touch with the Developer and they are working with MassDevelopment along with related entities to try to secure State financing. Currently they are struggling to finance this project. Ms. Speidel informed him that the BOS is anxious for a resolution on this and that they are nearing the end of the land development agreement. The Developer will be able to update the board at the 2/4/2014 BOS meeting She also mentioned to him the Passios building and he seemed interested in looking at that building. Ms Speidel requested that he look at it before the 2/4/2014 BOS meeting. Ms. Bertram commented to say that while she thinks that Eagle Heights is a good project that she supports, she remains concerned about the length of time that the building has been vacant. She would like to see firm date on whether or not this project is viable and explore what the other options are. She would be willing to listen about the Passios building but would not be willing to enter into an agreement that would hold that building vacant. We can't afford to wait years for them to secure funding and we need to start looking at proposals for the Passios and the Primary School building. Ms. Bertram asked if there were any definitive concessions that the developer was requesting from the Town and would like for them to bring them to the 2/4/2014 meeting. Ms. Seidel replied that the developer had mentioned water/sewer connection fees & building permit fees. The Sewer Commission is willing to waive what they could. Ms. Bertram mentioned that they were also looking for a PILOT (Payment In Lieu of Taxes) agreement and would like to see a list of concessions at the next meeting for review. ===PAGE 10=== Mr. Matthews and Mr. Alonzo both agreed with Ms. Bertram's concerns. Ms. Speidel informed the board that the Town has applied for 2 District Local Technical Assistance (DLTA) grants through the Montachusett Regional Planning Commission (MRPC). MRPC receives funding that they allocate out to communities to do work on our behalf. The Planning Board has put in a 3'd application to assist with the work they are doing on the Master Plan and Ms. Speidel has submitted one for Regional Animal Control. She has spoken with Town Manager's and Administrators in other communities about this and there seems to be some interest. There is a grant available State wide for Regionalization projects and if this is approved there could be funding for building a facility and for additional costs of animal control. Ms. Speidel reported that the representative from MIIA (Massachusetts Interlocal Insurance Association) informed her that the Town will be receiving an "Excellence in Loss Control" award for our efforts over the last several years in implementing different programs and improvements in the DPW (Department of Public Works). This is an honor for the DPW and a representative will come to Lunenburg sometime in February to present the award locally. These programs and improvements were made possible to do with grants from MIlA. APPOINTMENTS/RE-APPOINTMENTS/RES/GNATIONS: None PUBLIC COMMENT Mr. Ebersole mentioned that he had watched the last Planning Board meeting on television and they spoke about meeting with the BOS to improve communication concerning the difference in the BOS votes vs. theirs. He would like to have the BOS reach out to them in order to help this effort. EXECUTIVE SESSION: Mr. Alonzo asked for a motion to enter into Executive Session citing A. M.G.L. Chapter 30A, Section 21A 3), to discuss strategy with respect to collective bargaining or litigation if an open may have a detrimental effect on the government: bargaining or litigating position, and the Chair so declares. Discussion of IBPO/Police Arbitration Cases. and B. M.G.L. Chapter 30A Section 21A (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 the negotiating position of the public body for discussion of value of Lane Property. Mr. Matthews moved to enter into Executive Session. Ms. Bertram seconded. Roll call vote: Ebersole Aye; Toale Aye; Matthews Aye; Bertram Aye; Alonzo Aye Regular Scheduled Meeting adjourned at 9:21PM UPCOMING MEETING SCHEDULE February 4, 2014 February 11, 2014 February 18, 2014 Respectfully Submitted, Susan Doherty, Recording Secretary Board of Selectmen ======================================================================================== DOCUMENT : 2014-02-04-agenda-4915.txt BOARD : select-board DATE : 2014-02-04 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-02-04-agenda-4915.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02042014-4915 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN February 4, 2014 6:00 PM – Town Hall Bilotta Meeting Room, Second Floor Revised 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 JOINT EXECUTIVE SESSION 1. 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. Joint Session with Planning Board and Conservation Commission to discuss O’Brien Homes Litigation. 2. M.G.L. Chapter 30A, Section 21A [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 the negotiating position of the public body. Discussion of Lane Property. 7:00 PM PUBLIC COMMENT ANNOUNCEMENTS APPOINTMENTS 7:00 p.m. Acknowledgement of Heroic Efforts of FF Austin Flagg 7:15 p.m. Report on Grant Application from Green C ommunities Task Force CURRENT BUSINESS 1. Review & Approve Open Space Land Acquisition Cri teria 2. Review & Approve Conservation Land Valuation Cri teria 3. Accept Donation of Land for Conservation Purpose s • 801 Northfield Road • 781 Page Street • 30 Rennie Street 4. Update on Status of Eagle Heights Project, RCAP Solutions & JNJUHL 5. Open Warrant for Annual Town Meeting & Review Sc hedule 6. Minutes/ Warrants/ Action File Issues 7. Committee Report: Board of Health; Building Reu se Committee; Capital Planning Committee; Finance Committee; Library Board of Trus tees; MPO; Planning Board; PACC; School Advisory Committee on Acceptance & Diversity; School Committee; School Building Committee; Sewer Commission; MA Broadband 8. Town Manager Reports or Department Reports • Q2 Financial Reports APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS UPCOMING MEETING SCHEDULE February 11, 2014 February 18, 2014 ======================================================================================== DOCUMENT : 2014-02-04-minutes-4915.txt BOARD : select-board DATE : 2014-02-04 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-02-04-minutes-4915.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_02042014-4915 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== RECEIVED & FILED FEB 12 2014 LUNENBURG TOWN CLERK OFFICE "BOARD OF SELECTMEN MEETING MINUTES 2/4/2014 6:00PM JOINT EXECUTIVE SESSION: A. M.G.L. Chapter 30A, Section 21A (9), to discuss strategy with respect to collective bargaining or litigation if an open may have a detrimental effect on the government's bargaining or litigating position, and the Chair so declares. Joint Session with Planning Board and Conservation Commission to discuss O'Brien Homes Litigation. 2. M.G.L. Chapter 30A, Section 21A (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 the negotiating position of the public body. Discussion of Lane Property. The Board of Selectmen met in the Joseph F. Bilotta meeting room at Town Hall as scheduled with Chairperson Tom Alonzo, Vice Chairperson Paula Bertram, Dave Matthews, Jamie Toale, Robert Ebersole, and Town Manager Kerry Speidel. Regular Meeting opened at 7:20 PM 7:00PM PUBLIC COMMENT - None ANNOUNCEMENTS Mr. Alonzo wished the City of Fitchburg a Happy 2504 Anniversary. Mr. Alonzo announced that the Boys & Girls Club will be having a fundraiser called "Are You Smarter Then a Sixth Grader" on 3/7/2014 and that they were looking for sponsors. APPOINTMENTS 7:00 PM Acknowledgement of Heroic Efforts of FF Austin Flagg: Fire Chief Patrick Sullivan came before the board this evening to recognize FF Austin Flagg and David Spadafore for their heroic efforts on their attempts to rescue a victim of a house fire on 1/9 /2014. Although the victim ultimately succumbed to his injuries, FF Flagg's & Mr. Spadafore's efforts gave the victim the best possible chance for survival under the circumstances. FF. Austin Flagg & David Spadafore came forward, were recognized, and then thanked by the Fire Chief and the BOS. 7:15 PM Report on Grant Application from Green Communities Task Force: Chairperson of the Green Communities Task Force, David Blatt came before the board this evening to ask for approval and to review the completed grant application for a Five Year Energy Reduction Plan. Total project cost will be $175,750.00 & grant funding will be $154,510.00 Mr. Blat's report included information on costs and proposed solutions to make Town buildings more energy efficient with items such • LED Lighting replacements • Insulation & Envelope Tightening •. Air Compressor Replacements • Waste Oil Burner • Feasibility Study to convert from Oil to Natural Gas • VFD /drives for circulation pumps • Datalogger to Test and Analyze present equipment Other items that were clarified through discussion were as follows: • Work on the outside of the Town Hall will be done first before insulating the building. The Vehicle idling policy will not include Police and Fire vehicles that are on duty or the DPW plow trucks. : The Waste Oil Burner will not be available to the public and will be for municipal vehicle use only. Mr: Ebersole moved to ratify the Grant Application from the Green Communities Task force. Mr. Matthews seconded. On vote, motion carried, 5 in favor, 0 opposed. CURRENT BUSINESS 1. Review & Approve Open Space Land Acquisition Criteria: Sharon Jordan, Representative from the Open Space Advisory Committee & Conservation Commission came before the BOS to review and seek approval for the Open Space Land Acquisition Criteria. Ms. Jordan explained that the parcel of land must meet any 3 of the following 6 criteria to be considered of open space value for acquisition: 1. The size is 50 acres or more 2.. It contains important natural core habitat resources, provides a wildlife corridor, and/or protects rare/endangered species ===PAGE 2=== 3. It contains important open space resources, such as meaningful public access and other factors consistent with our Open Space Plan and the management of open space 4. It supports the scenic natural landscape or community character 5. It is contiguous to existing, planned or potential open space parcels 6. It supports Lunenburg's agricultural viability The criteria are of equal importance, and detailed data to support the determination will be analyzed by the Open Space Committee and the Conservation Commission. Parcels that meet less than 3 of the criteria would not be considered of open space value for funding acquisition by the town, although would be eligible for acceptance as a donation (gift). Ms. Bertram moved to approve the Open Space Land Acquisition Criteria. Mr. Matthews seconded. On vote, motion carried, 5 in favor, 0 opposed 2. Review & Approve Conservation Land Valuation Criteria: Sharon Jordon, Representing the Conservation Commission came before the BOS to review and seek approval for the Conservation Land Valuation Criteria. On occasion the Conservation Commission has an opportunity to accept or acquire land in Lunenburg. The Conservation Commission meets the regulatory responsibilities of the Commission to acquire, maintain, improve, protect and limit the future use of open land and water spaces for conservation. The Commission has developed the following criteria which parcels must meet to become of importance to the Commission: 1. Wetlands are present on the property or otherwise unprotected on a portion of the property 2. There are no dwellings on the property 3. It is contiguous or accessible to existing, planned or potential open space or conservation parcels The acquisition will be gifted as a donation The parcel may be of any size, but larger parcels are more highly valued 6. Prior uses support or do not preclude conservation goals A parcel which meets all of the criteria will be of significant importance to the Commission. Parcels which meet a similar number may still be of interest, but would not be as highly valued. These criteria are equally weighed. Items that were clarified through discussion were as follows: • Conservation is currently working on other criteria which would address Chapter 61 and how to acquire that. • Conservation should consider that all items within the criteria are equally weighed. Ms. Speidel pointed out that any donations accepted under the criteria would need to be accepted by the BOS and a vote by the board would be appropriate here. Mr. Matthews moved to endorse the Conservation Land Valuation Criteria. Mr. Ebersole seconded. On vote, motion carried, 5 in favor, 0 opposed. 3. Accept Donation of Land for Conservation Purposes: Sharon Jordon, Representing the Conservation Commission came before the BOS to ask their acceptance of the following parcels of land for conservation purposes. • 801 Northfield Road • 781 Page Street 30 Rennie Street Ms. Jordon explained the following regarding all properties: • Conservation criteria has been met on all • Wetlands are present on all that are not otherwise protected • All are donations to the Town • There are no issues with prior use of any of the properties • All are contiguous if not very close to existing open space/conservation land Tax information is in hand and Conservation is looking for an abatement to acquire them Discussion: The approximate $2600 in abatements does not pose a problem to the Town Manager's budget but due to the age of the tax delinquency on 781 Page St. the Town would need to apply to the Department of Revenue for abatement. The abatement process would go through the Board of Assessors up until a certain time and then it would need to go to the State Board members thanked the Conservation Committee for their efforts, and encouraged citizens who do not know about this process to donate land to the Town that meets the criteria. 'Ms. Bertram moved to accept the donation of Land located at 801 Northfield Road, 781 Page Street, and 30 Rennie Street for Conservation purposes. Mr. Matthews seconded. On vote, vote motion carried, 5 in favor, 0 opposed. 4. Update on Status of Eagle Heights Project, RCAP Solutions & JNJUHL: Jonathan Juhl Representative from JNJUHL & Paul Teixeira Representative from RCAP Solutions came before the board to give a status report on the Eagle Heights Project. Mr. Juhl reported that they have been finding it difficult to procure funding but have been actively researching multiple financing sources for this project. Recently North Middlesex Savings Bank and along with an Insurance fund have shown interest in underwriting this project and they have been working with them over the last several months to get this done. Over the next 6-8 months they will be working on applications for the State and Federal Historic Tax Credit, working with Mass Housing Partnership on the permanent financing, and working with Mass Development on the bonds. They hope to have this project completely funded sometime in the year 2015. ===PAGE 3=== Discussion: Ms. Bertram asked for a specific list of concessions that they would be looking for from the Town. Although she supports this project she is concerned with how long the building has stood vacant, how long it will remain vacant, the value of the building decreasing and the fact that the Regional Assessor had stated that this project does not qualify for a PILOT (Payment in Lieu of Taxes). Concerns were raised regarding sewer concessions and that the residents who are currently paying sewer fees will also be paying for this connection. She was not sure that the board had previously given any concessions and before moving forward with this project would like all of this information finalized with the Assessor. Mr. Juhl said that they should have all of the answers that they need from the different lenders later in this spring. The base minimum is that the building has to be donated to the project. Beyond that, it will not be full valued for taxes because it cannot support that. Mr. Ebersole recommended that Mr. Juhl contact the Assessor for PILOT information as soon as possible and would like to have information concerning local preference for local senior citizens. Mr. Juhl said that it would be 70% local preference. Board members determined that the current agreement has expired and will not extend anything until more information is received 5. Open Warrant for Annual Town Meeting & Review Schedule: Ms. Speidel reviewed the proposed schedule for the 2014 Annual Town Meeting with the board and stated that if the Warrant was opened this evening it would remain open until 4PM on 3/24/2014. Ms. Bertram moved to open the warrant for Annual Town Meeting on 2/4/2014, and to close the warrant at 4PM on 3/24/2014. Mr. Matthews seconded. On vote, motion carried, 5 in favor, 0 opposed. 6. Minutes/Warrants/Action File Issues Minutes: 1/21/2014 Warrants: 3rd Quarter Water Dept. Bills 12/31 #33A14 $1155.09 1/29 #40-14 $532,341.60 1/27 #16-P14 $627,320.08 2/4 #39-14 $432,836.13 Action File Issues: Mr. Ebersole mentioned the Planning Boards Information Technology Platform by which they share plans among themselves. The developer submits plans electronically to a file and members can upload information from that. He would like to look into the possibility of being able to share this technology with other boards/departments. A gravel removal item came up at the Planning Board meeting and if the BOS had access to those plans they would have known about that sooner. We should have a discussion on how we share our information within the Town. Ms. Bertram added there was a proposal regarding the removal of 50,000 cubic yards of gravel on Elmwood Rd. for a development of 6 residential homes and that would require an Earth Removal Permit, which the Planning Board may not have been aware of. The gravel would have been removed prior to the issuance of building permits. Should the Planning Board approve that plan it would have been endorsed, the project would have gone forward, and we would not have picked up on that. If these plans are made available online other Land Use Depts. and elected officials will be able to review them. Ms. Speidel commented and said that she strongly advocates that the Land Use Departments are going to have to make the Selectmen aware of when that issue comes up. Ms. Bertram added that there is a project on Whalom Rd. where there are Storm Water Structures being discussed that will require a great deal of maintenance and expense by the Town and the DPW Director was not aware of this. After he had done research and attended some meetings he said that these structures would need to be maintained by the developer. There are 2 oversized storm receptors at the Elmwood Rd. project that will require vacuuming by Storm Water Vac. Trucks, at least 4 times a year, and it is unsure if the Town will be able to maintain these structures. Ms. Bertram believes there is a disconnect with the sharing of this type of information and is concerned. Mr. Alonzo said that he believes that the Town can develop a format where developers submit their proposals in a form that is shared. • We should look to our IT Director on how to house this information and we should take steps towards this. Although his greater concern is who is getting notified, when in the whole Planning process are they being notified, and that its not the BOS responsibility to review a shared email to determine if an Earth Removal permit is necessary. We need to discuss with the Land Depts. and Tech meetings a check list for proposals that they receive. He would also like to have a meeting with the Land Use Depts. regarding this subject. Ms.Speidel stated that somebody has to take the primary responsibility and we are at the point where we need a Senior Staff Person in Land Use. Mr. Ebersole also mentioned the possibility of creating an Economic Development Committee for the Town. Mr. Ebersole mentioned that he had attended the Mass Municipal Association meeting and while there he visited the Broadband booth. There are approximately 15 providers who are going to be able to utilize the Broadband line and give the service. It's up to each community to pick which firm to use. He requested that the process, for which we would recommend our buildings choose to pick from, be included on a future BOS agenda. Mr. Alonzo spoke to say that he agrees and that this process should be left up to the IT Director and he should be invited to that Ms. Speidel mentioned that she had discussed this with the IT Director, he has been researching this, and the pricing that he has seen is not better then what we are currently receiving from Comcast. ===PAGE 4=== 7. Committee Report: Board of Health; Building Reuse Committee; Capital Planning Committee; Finance Committee; Library Board of Trustees; MPO; Planning Board; PACC; School Advisory Committee on Acceptance & Diversity; School Committee; School Building Committee; Sewer Commission; MA Broadband: Board of Health - No Report Building Reuse Committee - No report but Mr. Ebersole asked if there was a plan for the future of this committee and requested that this be put on a future BOS agenda. Mr. Toale suggested that considering the school project is now moving forward, a discussion be held on what the skill sets be for members on this committee. Capital Planning Committee - No Report Finance Committee - Mr. Toale reported that this committee has worked out their schedule and will begin the process of meeting with department heads. Library Board of Trustees- No Report MPO- Ms. Bertram will not be attending next weeks meeting but will update MRPC (Montachusett Regional Planning Commission) on Chase Rd. Planning Board- Ms. Bertram stated that we had already discussed under action files what went on at that meeting and added that the this board also discussed the following items at their meeting: • Chief Marino talked about recommendations regarding marijuana clinics Highfield Village sewer allocation agreement, wetlands issues, and final approval dates • Elmwood Rd. earth removal issues School Building Site Plan Review • • White Tail Crossing road acceptance for warrant at May Town Meeting • 305 Leominster Shirley Rd/Force Corp site lines and pavement issues PACC- Mr. Ebersole reported that PACC is going through Quorum, Open Meeting, Minutes and Leadership issues and this will be before the BOS at a later meeting Mr. Alonzo requested that a place holder be put on the warrant for Town Meeting for PACC Bylaw revisions. School Advisory Committee on Acceptance & Diversity- Mr. Ebersole reported that this committee will be working with Fitchburg State University, free of charge, to develop research, surveys, & scorecards. This committee will end at the end of the school year. School Committee- No report School Building Committee- No report Sewer Commission- Mr. Ebersole reported that this commission is almost done with the sewer plan for Highfield Village. Also noted was that the Sewer Commission has once again come up with a balanced budget. MA Broadband- Discussed under Action files 6.Town Manager Reports or Department Reports: * Q2 Financial Reports: Ms. Speidel reported that the Town is in very good shape ending the second quarter and reviewed the report with the board as follows: Local Receipts • We have collected $6,590 more than the estimate of $28,000 for Fines, majority due to motor vehicle infractions • Local Option Meals Tax is trending higher than the estimate of $66,625. Based on amounts collected to date we should exceed the estimate by approximately $13k. • We have collected 70.29% of the estimated amount for Licenses and Permits. Building Permits were issued for the solar farms on Chase Rd. & Pleasant St in the amount of $77,862.55 • We have collected 70.29% of the Miscellaneous Non-Recurring Revenue estimate as of 12/31/13. Received was a $99,000 zoning incentive payment for Tri-Town development & a payment in the amount of $47,742.56 for the federal portion of the Feb. 2013 snow storm. Taxes & State Aid At this time we have collected 47.72% of our Tax Levy and 49.45% of our State Aid estimate Expenditures Injury Leave: This account is over expended by $13k due to one officer on injury leave in FY14. • Radio Watch: We have expended 75% of the appropriated amount for payroll as of 12/31/13 for Public Safety Building Coverage. If spending continues at this level there is a potential for a deficit of approximately $15k. • Weights & Measures: Based on expenditures to date there will be a deficit of approximated $1k at year end due to purchase of new weights etc. • Highway Overtime: As of 12/31/13 there is a balance of $409.51 remaining in the overtime line. Based on actual expenditures to date there will be a deficit of approximately $2k at year end. • Snow Removal: The current deficit with open purchase orders is $24k •. Veterans Benefits: Account is over expended by $14k. As of 12/31/13 there are several open claims for benefits If claims 3 remain open through year end there is a potential for a deficit of approximately $42k. • Workers Compensation: There is a surplus in this account of $2,523. • Liability Insurance: There is a surplus in this account of $17,049. Health Insurance: Due to changes in health insurance for retirees effective 1/1/14, there will be a surplus of approximately $150k in this approximately $150k in this appropriation. APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS: None ===PAGE 5=== PUBLIC COMMENT Mr. Matthews commented to say that Senator Flanagan will be fighting to increase State Aid to the Towns. This year the Governor has decided to marginally increase Chapter 70 School funding while flat lining unrestricted government aid. He suggested that the BOS thank Senator Flanagan for her help. Mr. Alonzo added that the Transportation Bond Bill had been added back into the State budget and hopes that this is dispersed to communities also. Mr. Matthews acknowledged the sudden passing of Bob Meek-Laveck saying that he was involved with the Schools and his contributions will be a big loss for the Town Board members expressed their condolences to his family. Being no further business Ms. Bertram moved to end the regularly scheduled meeting. Mr. Matthews seconded. On vote, motion carried, 5 in favor, 0 opposed. Regular Scheduled Meeting adjourned at 9:41PM UPCOMING MEETING SCHEDULE February 11, 2014 February 18, 2014 Respectfully Submitted, Susan Doherty, Recording Secretary Board of Selectmen ======================================================================================== DOCUMENT : 2014-02-11-agenda-4916.txt BOARD : select-board DATE : 2014-02-11 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-02-11-agenda-4916.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02112014-4916 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN February 11, 2014 7:00 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. 7:00 PM PUBLIC COMMENT ANNOUNCEMENTS APPOINTMENTS CURRENT BUSINESS 1. Update on MA Broadband Project/ Implementation f rom IT Director 2. Review/ Revise Charge of Building Reuse Committe e 3. Review Open Meeting Law Complaint – PACC 4. Review PACC Bylaw; Discussion of Roles & Respons ibilities 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 Advisory Committee on Acceptance & Diversity; School Committee; School Building Committee; Sewer Commission; MA Broadband 7. Town Manager Reports or Department Reports APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS UPCOMING MEETING SCHEDULE February 18, 2014 ======================================================================================== DOCUMENT : 2014-02-11-minutes-4916.txt BOARD : select-board DATE : 2014-02-11 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-02-11-minutes-4916.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_02112014-4916 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MEETING MINUTES 2/11/2014 The Board of Selectmen met in the Joseph F. Bilotta meeting room at Tow Ja 7-812 1 Hall as scheduled with Chairperson Tom Alonzo, Dave Matthews, Jamie Toale, and Robert Ebersole. Not present Vice Chairperson Paula Bertram & Town Manager Kerry Speidel Regular Meeting opened at 7:20 PM 7:00PM PUBLIC COMMENT - Dave Blatt, Chairperson of the Green Communities Task Force presented a grant check in the amount of $157,225.00 along with a certificate and 4 street signs which state that Lunenburg is a designated Green Community to the BOS. Mr. Alonzo thanked Mr. Blatt for the work that they have done to make this designation possible. ANNOUNCEMENTS Mr. Alonzo announced that the Citizens Party Caucus will be held on March 17", 8PM, at the Turkey Hill Middle School. Seats to be filled this year are as follows: Selectmen - 2 : Board of Health - 2 • Board of Assessors - 1 • Sewer Commissioner -1 • School Committee - 2 • Park Commissioner - 1 • Commissioner of Trust Funds - 1 • Cemetery Commissioner -1 • Library Trustees - 2 • Planning Board Member - 1 • Housing Authority - 1 Mr. Alonzo reminded all that the Boys & Girls Club will be having a fundraiser called "Are You Smarter Then a Sixth Grader" on 3/7/2014 and that they were looking for sponsors and contestants. APPOINTMENTS - None CURRENT BUSINESS 1. Update on MA Broadband Project/Implementation from IT Director: Tabled until the 2/18/2014 BOS meeting. ! 2. Review/Revise Charge of Building Reuse Committee: Mr. Toale explained to the BOS that the Building Reuse Committee had achieved all tasks that were identified in their charter and are asking what is next for this committee. He touched on what he believes should be the next focus of this committee as follows: Assembling the proper group of people with expertise on marketing properties Discuss consolidation plans for municipal functions and Town Hall renovations Decisions on what expenditures the Town chooses to make He asked that the discussion this evening focus on who would be best to address these issues. Discussion ensued among the board concerning the following: The need for an "on going" committee, who should serve on it, and what expertise members should possess Cross- department record management • Marketing the vacant buildings in a timely manner • Committee member's roles Prioritizing what the next steps should be Development of a new charge for what is needed now Mr. Toale will schedule a meeting with the group to discuss who would like to remain on the committee, propose developing a new charter, and will report back any vacancies to the BOS. 3. Review Open Meeting Law Complaint - PACC: Mr. Alonzo reviewed parts of the Open Meeting Law Complaint which was filed with the Town Clerk concerning the PACC (Public Access Cable Commission). The complaint included the following: Lack of quorum Availability of scheduled meeting/Executive Session minutes for review • Bylaw violations ===PAGE 2=== • Agenda items • Agenda posting issues Mr. Alonzo stated that the Town Manager and the BOS have offered Open Meeting Law Seminars and require that people in different offices, that have any public body that meets either appointed or elected, need to follow the Open Meeting Law. We need to address this and correct it. Mr. Matthews spoke to say that the Town Manager has indicated that if there is no quorum for this committee then the BOS will take over the operation and the day to day operations will fall to the coordinator. Mr. Matthews feels that the best solution would be to disband this committee, rescind the appointments, take time to consider this issue and start fresh. Mr. Toale and Mr. Ebersole both voiced there agreement with Mr. Matthews assessment on how to proceed. Discussion followed among the board members regarding the following: • The BOS does not have authority to take action on any of the items in the complaint • This item is before the BOS due to lack of quorum on the PACC • BOS should let the complaint follow its path • Question of whether or not a meeting of the PACC was held, with a quorum present, to approve all prior decisions Fred Crellin, PACC member, spoke to the BOS and said that a meeting had been held to ratify the votes. Mr. Ebersole added that the ratification of votes went back a couple of meetings and did not go back for the entire time of the complaint. Mr. Alonzo stated that now that there is not a quorum on the PACC, until this is remedied, we need to remand all authorities back to the Lance May, PACC Chairperson, spoke in reference to a second set of PACC Bylaws that were recently passed at Special Town Meeting, it changed some of the language to the Town from the Attorney General's office. When Ms. Cheeseman resigned from the committee it became a 3 member board, and this was known to the BOS and the Town Manager at that time. Mr. May stated that he had asked the BOS liaison to the PACC what constitutes a quorum, and he referenced the Bylaw regarding quorum which states "a presence of a simple majority shall be necessary and sufficient to constitute a quorum for the transaction of business, votes shall be cast by members in attendance". It was relayed back to the PACC that the 3 individuals remaining on the PACC would constitute a quorum to conduct business. He added that they did try to follow what was the right way to do it at that time. Mr. Alonzo spoke to say that he knew that conversation was had, and at that time, that was the operating principal that the Town and the PACC were operating under. He added that he did not want the membership to think that they purposely skirted the law. Since this has come up, we asked for an official interpretation from Town Counsel and he indicated to us that the language of quorum is clear in Massachusetts State Law that it's not a sitting membership but actual total potential membership. Mr. May said that part of this complaint refers to meetings that were held in "2011" and we operated under the guidelines that we thought were established to be able to operate. There was no malice or forethought in what we were trying to do on behalf of the Town. Mr. Alonzo stated that he would have no problem with the current committee members remaining on this committee and recommended the following: BOS take over this committee through the Town Manager Program Manager would continue to do the programming • Work with existing members of PACC on revisions to the Bylaw • Get new membership involved before Town Meeting in anticipation of getting the membership Bylaw changed Mr. Ebersole added that his thoughts were that the current membership on this committee is what's limiting volunteers to the committee. In the corporate world you ask everybody to resign and reapply for appointment. We need to be clear on what we expect from committees. Mr. Alonzo asked Mr. Ebersole to clarify his previous statement. Mr. Ebersole replied that he had spoken to 3 people who would have no interest in joining that committee as long as the current membership was in place. He had also spoken with past members of this committee who have said the same thing. Mr. Matthews spoke to say that this conversation is uncomfortable but we need to change our approach to this committee and a fresh start would help to achieve that. Mr. Toale spoke to say that he would like input from anyone that knew about the PACC but was unsure if he would support special status with current members because there is no quorum. Mr. Ebersole added that he was unsure if the BOS could rescind the PACC appointments due to BOS policies and he would like for the Town Manager to investigate that. Mr. Alonzo ended this discussion by saying that nothing can be done this evening about rescinding appointments and moving forward PACC staff hours will need to be approved by the Town Manager. Due to quorum issues the PACC cannot meet or make any decisions until the quorum is met. Mr. May and Mr. Crellin had nothing further to add to the discussion this evening. 4. Review PACC Bylaw; Discussion of Roles & Responsibilities: BOS discussed the following proposed changes to the PACC Bylaws as follows: Article IV Membership Section 1. Number of Members: Change from 7 to 5 members Section 8. Vacancies: Change to vacancies shall be filled by the BOS • Article VI Officers Section 4. Vacancy: Remove from first sentence: "with approval of the BOS". Addition to second sentence: It shall be for the expired term of the previous incumbent "officer' • Article IX Other Provisions ..... .... ===PAGE 3=== Add a Section 3. Annual Budget: PACC will submit an annual budget to the Town Manager for inclusion in the Annual Town Meeting Warrant. It shall be due when all other Town Department budgets are required to be submitted by the Town Manager either by request and/or Charter requirement. Said budget may be fully debated, discussed, and amended at the Annual Town Meeting. • Article Ill Office: Remove this article. Mr. Toale suggested that the majority of the PACC be required to have cable T.V. Mr. Matthews suggested updating the PACC Mission Statement and would like to receive a copy of their Policy Manual. Mr. Alonzo will review these suggested changes with the Town Manager and all changes will be place on the warrant for Annual Town Meeting. 5. Minutes/Warrants/Action File Issues Minutes: 1/21/2014 Warrants: 2/10/2014 #17P-14 $629,594.96 2/11/2014 #41-14 $248,965.98 2/12/2014 #42-14 $298,651.66 Action File Issues: Mr. Alonzo received a request from a resident of Flat Hill Road asking that the BOS revisit the dilapidated building on Flat Hill Road which has asbestos in it. The building is on the verge of collapse and the resident is concerned that if it falls, the asbestos may make its way into the water supply there. This issue will be forwarded to the Town Manager for further investigatior regarding either the sale or demolition of the property. 7. Committee Report: Board of Health; Building Reuse Committee; Capital Planning Committee; Finance Committee; Library Board of Trustees; MPO; Planning Board; PACC; School Advisory Committee on Acceptance & Diversity; School Committee; School Building Committee; Sewer Commission; MA Broadband: Board of Health - No Report Building Reuse Committee - Discussed under Current Business Capital Planning Committee /Finance Committee - Mr. Toale reported that the Capital Planning committee will be presenting there Capital Plan to the FinCom this Thursday evening. Library Board of Trustees- No Report MPO-No Report. Planning Board- No Report PACC- Discussed under Current Business Schoal Advisory Committee on Acceptance & Diversity- No Report School Committee- No Report School Building Committee- Mr. Matthews reported that this committee will meet tomorrow evening and that the designer has begun lining up various contracts. They will be re-establishing a working group to go through the design/bid process. Sewer Commission- No Report MA Broadband- No Report 6.Town Manager Reports or Department Reports: No Report APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS: None PUBLIC COMMENT: None Being no further business Mr. Matthews moved to end the regular scheduled meeting. Mr. Toale seconded. On vote, motion carried, 4 in favor, 0 opposed Regular Scheduled Meeting adjourned at 8:13PN UPCOMING MEETING SCHEDULE February 18, 2014 Respectfully Submitted, Susan Doherty, Recording Secretary Board of Selectmen ======================================================================================== DOCUMENT : 2014-02-18-agenda-4876.txt BOARD : select-board DATE : 2014-02-18 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-02-18-agenda-4876.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02182014-4876 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2014-03-04-agenda-4877.txt BOARD : select-board DATE : 2014-03-04 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-03-04-agenda-4877.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_03042014-4877 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN March 4, 2014 7:00 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. 7:00 PM PUBLIC COMMENT ANNOUNCEMENTS 1. Committee Vacancies: Historical Commission 2. Eagle Scout Court of Honor, Andrew Keir APPOINTMENTS 7:00 PM – Frank Serreti, Powers & Sullivan, FY13 Au dited Financial Statements 7:30 PM – James Sharkey, Wiring Inspector, Review o f Wiring Fees, Solar Projects CURRENT BUSINESS 1. Update on MA Broadband Project/ Implementation f rom IT Director 2. Review/ Discussion FY2015 Town Manager’s Recomme nded Budget 3. Review/ Discussion of Warrant Articles for Annua l Town Meeting 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 Advisory Committee on Acceptance & Diversity; School Committee; School Building Committee; Sewer Commission; MA Broadband 6. Town Manager Reports or Department Reports APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Appointment: Deven Z. O’Brien to position of Patrol Officer Resignation: Fred Crellin, Public Access Cable Committee Resignation: Troy Daniels, Public Access Cable Committee UPCOMING MEETING SCHEDULE March 11, 2014 March 18, 2014 ======================================================================================== DOCUMENT : 2014-03-04-minutes-4877.txt BOARD : select-board DATE : 2014-03-04 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-03-04-minutes-4877.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_03042014-4877 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MEETING MINUTES 3/4/2014 The Board of Selectmen met in the Joseph F. Bilotta meeting room at Town Hall as scheduled with Chairperson Tom Alonzo, Vice Chairperson Paula Bertram, Dave Matthews, Jamie Toale, Robert Ebersole, & Town Manager Kerry Speidel. Regular Meeting opened at 7:00 PM 7:00PM PUBLIC COMMENT - Mr. Matthews reminded all of the upcoming Citizens Party Caucus and then announced that due to personal obligations he would not be seeking another term on the BOS. He noted that the Town is in a positive position with improved credit ratings due to effective fiscal management and said that this is very important as we are preparing the school building project. He went on to commend the Town's boards, committees, unions, and employees on the productive way they work together which has all greatly impacted the Town's financial standing. His hope is that this positive course will continue in the future. He thanked all for the opportunity to have served on the board. Board members thanked Mr. Matthews for his time and service to the BOS. Mr. Alonzo mentioned that the Town Manager had presented her FY15 Budget to the Finance Committee last Thursday and that there was a very positive outlook towards it. He went on to thank the Town Manager for stewarding this process and praised her for the work that she had done not only for that particular presentation but throughout her tenure as Town Manager. Mr. Alonzo announced that the Citizens Party Caucus will be held on 3/17/2014 and reviewed the list of positions to be filled. Mr. Alonzo reminded all that the Boys & Girls Club will be having a fundraiser called "Are You Smarter Then a Sixth Grader" on 3/7/2014 and that they are looking for sponsors and contestants. ANNOUNCEMENTS 1. Committee Vacancies: Historical Commission: Mr. Alonzo announced that there is 1 position open on the Historical Commission and positions open on the Personnel Committee. Anyone interested should submit a completed talent bank form. 2. Eagle Scout Court of Honor, Andrew Keir: Will be rescheduled to a future meeting when the Proclamation is completed APPOINTMENTS 7:00 PM - Frank Serreti, Powers & Sullivan, FY13 Audited Financial Statements: Frank Serreti, representative from Powers and Sullivan came before the BOS to report on the Town's FT13 audited financial statements. Mr. Serreti spoke on the following reports: Federal Awards - Tested was the Special Education Program and the results were that there were no questioned costs. Although there was one current year find relating to time and effort reporting. Monthly activity personnel reports which are required were not being done. A conversation with the School Superintendent resulted in her assurance that procedures have been put in place and this process will be implemented moving forward. Opinion on this report were "Unmodified" which is the best that you can receive. • Financial Statements - The time table where work needs to be done for the audit was completed on time which indicates that le Town was prepared, the books and records were in very good shape, there were no proposed adjustments to the ledger nd questions were answered in a timely basis. It is Powers & Sullivan's opinion that this was a very good audit from tha stand point. Transaction cycles were tested and it was found that the systems were operating as designed, the approvals that should be i lace were there, transactions were coded properly the controls were working as designed, and there were no issues foun relating to transaction cycles. Opinion on the audit was "Unmodified" which is the best that you can receive. Noted was the timely way that information was received which made this audit go very smoothly. Highlights of the financial statement which contributed to the Town's Bond Rating increase were: $123k surplus in budget Structurally sound operations budget Excellent Real Estate/Property Tax Collections Total unassigned remaining fund balance in the General Fund of $1.6M Remaining totals in General/Zoning Stabilization funding Sewer Operation decrease Increase in solid waste/recycling operations • Additions in Capital Assets ===PAGE 2=== • Additions in the Sewer Fund • General Fund Debt Service is at 7.6% of the Towns total appropriations which indicates that the Town is maintaining its assets and its infrastructure Management Letter- There were 13 prior year comments. Three comments were considered to be resolved, three were partially resolved, and seven were unresolved. Three new comments were introduced this year as follows: 1. Employee Reimbursements written policy & procedure document/standardized form 2. Centralization of procurement documentation Investigate old receivables on the ledger Two informational comments were: 1. New M.G.L. was passed which would allow the Town to create a reserve fund which can be used to fund compensated 2. New Government Accounting Standards Board (GASB) changes regarding pensions Overall the Town received a good report and any comments seen in the management letter do not reflect a significant deficiency or material weakness but rather are suggestions on how to improve. Mr. Alonzo thanked Mr. Serreti for his report this evening. 7:30 PM - James Sharkey, Wiring Inspector, Review of Wiring Fees, Solar Project: Wiring Inspector, James Sharkey spoke to the BOS regarding the wiring fees for commercial solar projects. He explained that he has performed 7 inspections on commercial solar projects and they have taken approximately 1 hour or less to do. The Wiring Inspector receives 82.5% of the fees collected and he would propose that the fee be set at $82.50 per hour and any inspection which goes beyond 1 hour be an additional $82.50. Mr. Sharkey said that he would maintain a log and submit it either monthly or bi-weekly. He also made mention for the record that the Electrical Contractor on the project is very good. Ms. Speidel added that the BOS had determined in past discussions concerning the solar projects that the building permit would encompass the electrical inspection fees and at that time the BOS were to determine how to compensate the Wiring Inspector. Board members were in agreement with Mr. Sharkey's proposal. Mr. Alonzo asked Mr. Sharkey if he would agree to $82.50 per hour and then in ½ hour increments beyond that. Mr. Sharkey agreed to that term. Ms. Bertram moved to compensate the Wiring Inspector $82.50 per hour for inspections at commercial solar projects at a 1 hour minimum and then to be compensated in ½ hour increments after 1 hour. Mr. Toale seconded. On vote, motion carried, 5 in favor, 0 opposed. CURRENT BUSINESS 1. Update on MA Broadband Project/Implementation from IT Director: (Discussed out of order after Announcements): Steve Malandrinos, Director of Information and Technology came before the board to review the progress of the MA Broadband project/Implementation. Mr. Malandrinos reviewed the history of this project and stated that Lunenburg's part in this project is just about complete. There are fiber optic drops in several Town buildings and currently there is broadband access in Town buildings through Comcast. After speaking to various vendors who will be serving communities on the network he found that they were priced at double to ten times the cost of what the Town pays now, he believes that Comcast is the most affordable price out there, and he cannot recommend jumping onto the network at this time. Currently he is watching other communities similar to Lunenburg to see what their reactions to these prices will be and hopefully it will bring more competition into the market to force the prices down Mr. Alonzo spoke to say that as the liaison to the MA Broadband project he will voice his concerns about the exorbitant pricing during the next conference call he has with them. The board thanked Mr. Malandrinos on his efforts and for his report this evening. 2. Review/Discussion FY2015 Town Manager's Recommended Budget: Board members discussed the following concerning the Town Managers FY2015 Recommended Budget: Capital Planning not approving funding for the street sweeper request due to lack of data received for proper evaluation • Lack of data/support from Conservation and Board of Health to support funding of street sweeper • Operation status of the street sweeper • Outsourcing of the street sweeper along with cost and/ or replacement time line of the equipment • Storm Water Mandate concerns specifically with the amount of salt used this winter and the risk of contamination to local water bodies • Under funding of the Pavement Management program • Request for the Fleet Management Program to provide information concerning replacements for cruisers & fire dept. vehicles • Suggested Town Hall improvements and planning for funding for the structural component of it in this budget • Capitalizing on generating revenue on current vacant buildings in order to fund other projects Preparedness from Town Departments for Capital Plan requests Support for proposal of creating a "Land Use Manager" position Mr. Alonzo encouraged the public to either attend or view on T.V. the upcoming budget hearings in order to stay informed. 3. Review/ Discussion of Warrant Articles for Annual Town Meeting: Not discussed ===PAGE 3=== 4. Minutes/Warrants/Action File Issues Minutes: 2/11/2014 Warrants: nothing to report yet. 3/4/2014 W#44-14 $572,107.34 Action File Issues: The Chairperson asked if there was any progress on the Flat Hill Road property. Ms. Speidel replied that there was 7. Committee Report: Board of Health; Building Reuse Committee; Capital Planning Committee; Finance Committee; Library Board of Trustees; MPO; Planning Board; PACC; School Advisory Committee on Acceptance & Diversity; School Committee; School Building Committee; Sewer Commission; MA Broadband: Board of Health - No Report Building Reuse Committee - Mr. Toale reported that this committee met last night and discussed the following: 2 members have resigned & Mike Mackin has replaced Todd Blake as the School Board representative • They can continue to add value by exploring retail and development possibilities to properties which had been originally looked at by this committee • Maintaining 9 members (possibly 11) on this committee along with recruiting for additional members with appropriate experience relative to real estate properties Capital Planning Committee- Mr. Toale reported that this committee will be reporting to the Finance Committee sometime in the near future on their findings for the FY15 Capital Plan requests. Finance Committee - Mr. Toale reported that this committee had begun its budget cycle with a presentation by the Town Manager and will be meeting every Thursday for the rest of this month to hear from department heads. Library Board of Trustees- Mr. Ebersole reported the following: • This board is in the process of updating policies • The website continues to get good reviews • 2 people are interested in openings on this board MPO- Ms. Bertram reported the following: The Functional Design Analysis on the Summer St. project has been submitted to Montachusett Regional Planning Commission (MRPC) for review Chase Rd. is still a awaiting project number and approval from Mass DOT Planning Board-Ms. Bertram reported that this board met on 2/24/14 and discussed the following: Marijuana Dispensary Bylaw and consideration of an armed guard requirement • They approved the definitive sub-division for Elmwood Rd. • Easement refusal from property owner to Proctor Park but some improvements will be added to make park more accessible Approval of development plan and review for Force Corp located at 305 Leominster/Shirley Rd. Ms. Bertram reminded the BOS that the project on Elmwood Rd. will require significant maintenance of proposed detention basins anc she is concerned about the ability of the Town to be able to maintain them. She would like the BOS to have further discussions on hov to address this issue. It was suggested that a work shop with the BOS and the Planning Board should be scheduled, prior to their nex public meeting and before their warrant articles are submitted, concerning who should be responsible for maintaining these storm water basins. PACC- No Report School Advisory Committee on Acceptance & Diversity- No Report School Committee- No Report School Building Committee- Mr. Matthews reported that this committee will be meeting tomorrow and will be discussing regulatory inputs and landscaping/site work plans. Sewer Commission- Mr. Ebersole reported following: This commission has sent on its report regarding Highfields to the Planning Board for review • They continue to work on compliance with grease traps • Inter Municipal Agreement (IMA) has been signed with Fitchburg • They continue monitoring of infiltration and inflow MA Broadband- Mr. Alonzo reported that he will be having a telephone conference this Thursday with MA Broadband and will be asking questions which were discussed previously this evening. 6.Town Manager Reports or Department Reports: No Report APPOINTMENTS/RE-APPOINTMENTS/RESIGNATIONS: Appointment: Deven Z. O'Brien to position of Patrol Officer (taken out of order before the 7PM appointment): Police Chief Marinc came before the board to introduced Officer in training Deven O'Brien and about Officer O'Brien's work experience and education. Chief Marino requested that the BOS appoint Mr. O'Brien to the position of Patrol Officer, effective 7/20/2014, before the Police Academy training begins. Ms. Speidel spoke and amended her notice of appointment to state "appointment effective 7/20/2014". Mr. Mathews spoke and commended Chief Marino on the work he has done with obtaining new officers at the Police Department. Mr. Matthews moved to ratify the appointment of Deven Z. O'Brien to the position of Patrol Officer to become effective on 7/20/2014. Ms. Bertram seconded. On vote, motion carried, 5 in favor, 0 opposed ===PAGE 4=== .... ....-..=-. Ms. Speidel requested that Chief Marino introduce the Police Officers who were there in support of Office O'Brien this evening. They were Reserve Officer Quinn Smith, Officer Josh Tocci, Officer Josh Matthews, Lt. Mike Luth, and Sgt. Sean Connery. Resignation: Fred Crellin, Public Access Cable Committee Resignation: Troy Daniels, Public Access Cable Committee: Mr. Alonzo announced the resignation of Fred Crellin & Troy Daniels from the Public Access Committee. Ms. Speidel informed the board that 1 talent bank form for the PACC had been received a few days ago. Mr. Alonzo informed all that we will be revisiting this regarding the proposed Bylaw change and reducing the membership. In the interim the Town Manager will be approving time sheets and the Program Director will be running the programming. Mr. Matthews spoke and thanked Mr. Crellin for his service to the PACC. Mr. Alonzo agreed and requested that a letter of thanks be sent to him as they do to all long time volunteers. Mr. Ebersole added that you send a letter of thanks to all members who have resigned and that you should be thanking your Mr. Alonzo spoke to say that he was not sure of the correctness of Mr. Ebersole's statement but said that if the board wishes to establish such policy he would be willing to listen. PUBLIC COMMENT: None Being no further business Ms. Bertram moved to end the regular scheduled meeting. Mr. Matthews seconded. On vote, motion carried, 5 in favor, 0 opposed. Regular Scheduled Meeting adjourned at 8:39PM UPCOMING MEETING SCHEDULE March 11, 2014 March 18, 2014 Respectfully Submitted, Susan Doherty, Recording Secretary Board of Selectmen ======================================================================================== DOCUMENT : 2014-03-11-agenda-4878.txt BOARD : select-board DATE : 2014-03-11 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-03-11-agenda-4878.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_03112014-4878 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN March 11, 2014 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor Revised 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. 7:00 PM PUBLIC COMMENT ANNOUNCEMENTS 1. Committee Vacancies 2. Citizen’s Party Caucus, Monday, 3/17/14 at 7:00 p.m. APPOINTMENTS 7:00 PM – Request for BYOB, Kabob-E-Licious, 165 Ma ss Avenue CURRENT BUSINESS 1. Request for Voluntary Toll, Lion’s Club, 5/17/14 , 8:00 AM – 2:00 PM, both locations 2. Request to Amend BOS Policies & Procedures, Sect ion 2.07, Appointments of the Board of Selectmen 3. Approve amendment to PEC Agreement; Distribution of Mitigation Fund 4. Discussion of list of Legislative Priorities to forward to Legislative Delegation 5. Discussion regarding Peer Review of MS/ HS Build ing Project 6. Status Update on Acquisition of Lane Property 7. Review/ Discussion FY2015 Town Manager’s Recomme nded Budget 8. Review/ Discussion of Warrant Articles for Annua l Town Meeting 9. Minutes/ Warrants/ Action File Issues 10. Committee Report: Board of Health; Building Reuse Committee; Capital Planning Committee; Finance Committee; Library Board of Trus tees; MPO; Planning Board; PACC; School Advisory Committee on Acceptance & Diversity; School Committee; School Building Committee; Sewer Commission; MA Broadband 11. Town Manager Reports or Department Reports APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS UPCOMING MEETING SCHEDULE March 18, 2014