# select-board — 16 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 : 2014-07-01-minutes-4893.txt BOARD : select-board DATE : 2014-07-01 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-07-01-minutes-4893.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07012014-4893 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MEETING MINUTES 7/1/2014 The Board of Selectmen met in the Joseph F. Bilotta meeting room at Town Hall as scheduled with, Chair Tom Alonzo, Vice Chair Paula Bertram, Jamie Toale, Robert Ebersole, Phyllis Luck & Town Manager Kerry Speidel. Regular Meeting opened at 7:00PM 7:00PM PUBLIC COMMENT: Mr. Alonzo thanked all who were involved with the Lunenburg Bon Fire and stated that it was a great evening that was very well attended. He added that this will be the last one held at this location and hopefully this event will find a new venue. ANNOUNCEMENTS: Mr. Alonzo announced that there are three openings on the Finance Committee and anyone interested in joining should fill out a talent bank form. APPOINTMENTS: 7:05PM - Receive update on Summer Street Project: Review Contract Amendment: Trish Domigan representative from the Engineering VHB Inc. came before the board to give an update on the Summer Street project which included the following: MPO voted approval for $17.5M for the Summer St. Project in the 2017 TIP (Transportation Improvement Plan) • The 25% Design Plan was submitted last December and most of the comments have been received back from MassDOT which need to be reviewed and responded to • This will then go to Mass Hwy District 4 for further review • New policies have been implemented by MassDOT which needs clarification such as "Complete Streets/Sidewalks" 8 "Guardrail/Crash worthiness" of the bridge over Baker Brook • Environmental Permitting is on hold until the project is advanced some more • Once the Public Hearing is held on the project it can be advanced to 75% Design • A Public Hearing will be scheduled once all comments have been responded to • The Process to schedule the Public Hearing takes approximately 6 weeks • Fitchburg & Leominster will be following the same timeline as Lunenburg Ms. Bertram mentioned that crash data will need to be gathered from all 3 communities in order to receive HSIP funding (Highway Safety Improvement Plan) and a meeting with the proper entities should be set to begin this process. She also mentioned that the 1 year of the TIP is set in stone and the projects will only fall off if they're not ready, but this does not mean that the outer years are set and we still need to keep the momentum behind this project going. Ms. Speidel informed the board that the design money for this project has been included in State Transportation Bond Bill which is not available to us at this time. Although we don't have the contract amendment in front of us this evening, at some point this board is going to have to make a commitment to use Chapter 90 money if it needs to be used to keep the momentum going on this project. CURRENT BUSINESS 1. Report: Committee on Diversity & Acceptance: Mr. Ebersole came before the board as the BOS representative to the Committee on Diversity & Acceptance explaining that his Committee was formed due to the unfortunate events which happened in the town and school last fall. The charge of this committee was to: Access the cultural climate, tolerance and diversity status in district and recommend changes and improvements to our • Improve tolerance respect & diversity in our district by making recommendations on personnel changes, programs and to make recommendations for policy changes that are necessary to ensure we have created an environment that is supportive of diversity Provide a ball park figure in March for any changes they recommend and to have the committee's charge completed by the end of the school year Mr. Ebersole also reported on the following: • The process of how this committee worked • The various agencies/students/faculty that they had partnered with Student Goals/Achievements RECEIVED & FILED Proposed budget of $30-38,000 • Committee Recommendations Mr. Ebersole stated that this committee should be up and running again in the Fall. Mir. Alonzo thanked Mr. Ebersole and the Committee for all of their efforts with this program. SEP 09 2014 LUNENBURG TOWN CLERK OFFICE ===PAGE 2=== 2. FY2015 Annual Appointments and/ or Reappointments: Mr. Alonzo explained the process of the FY15 Annual Appointments/Reappointments. This included the new reapplying procedure which is required for outgoing incumbents who wish to be reappointed again which would entail filling out a brief questionnaire on why they would like to be reappointed. Discussion ensued amongst the board members concerning the following: • Concerns with incumbents whose terms had expired on 6/30/14 and have not received the questionnaire for reapplying • Holding over any appointments until incumbents have a chance to return questionnaires • Confirmation was received from Town Counsel that extending terms of incumbents is allowable without a vote Establishing a practice that in the future anyone seeking reappointment will need to fill out the questionnaire in a timely fashion • Taking out of consideration individuals names from reappointment lists that do not return questionnaires (unless they have extenuating circumstances) and actively seek qualified new candidates who have submitted talent bank forms • A BOS policy concerning incumbents seeking reappointment was adopted in 11/2013 but was not fully publicized and should be followed Mr. Ebersole moved to adopt the implementation of the reappointment form for all persons who want to seek reappointment for their term ending 6/30/2014 and provide until 8/15/2014 for them to return the form to the Board of Selectmen's office through the Town Manager. Ms. Bertram seconded. On vote, motion carried, 5 in favor, 0 opposed. BOS will conduct interviews of potential candidates in the month of July with the goal of filling the vacancies in August. Mr. Ebersole recognized Mr. Toale's efforts of setting up the Volunteer Recruitment Booth at the Town Bon Fire where 4 people had shown interest in volunteering. Mr. Toale offered to "man" the booth again at any other Town function that may be held. Mr. Alonzo announced that the Band Concerts will begin on July 7' Ms. Speidel informed the board that the Council on Aging (COA) has 2 existing board member vacancies along with 3 expired term vacancies. The COA had reviewed talent bank forms and sent their recommendations to the BOS. The COA was informed about the "hold over" of appointments and not to expect any appointments in July. The COA was concerned with this because 2 of the expired terms were of the Chair and the Vice Chair which they need in order to hold a meeting in July. They would like the BOS to consider making appointments before this meeting. The COA has their own internal policies regarding term limits and this would affect at least 2 out of 3 people whose terms have expired and would be subject to the COA term limit policy. The Term Limit policy is not part of the Town Bylaws therefore the BOS are not bound by this. If these vacancies can be held over there will be no issue with quorum and Ms. Speidel will communicate this to the Mr. Alonzo mentioned that there were 10 applicants for the 5 positions. The COA term limit policies are their own and not the BOS policies, therefore it is not binding. Mr. Alonzo recommended that the interviews that would be scheduled first would be for the PACC, Personnel Committee, and the COA. Ms. Speidel presented the Town Manager 2015 Appointment/Re-Appointments to be ratified as follows: Animal Control Officer Kathleen M. Comeau Emergency Management Director 1 Year Chief Patrick Sullivan "RACES" Control Officer 1 Year Ralph Swick Jeanne Swick Fence Viewer 1 Year Field Driver 1 Year Forest Warden 1 Year Hazardous Waste Coordinator 1 Year Hearings Officer 1 Year Inspector of Animals 1 Year Inspector of Wires Asst. Inspector of Wires 1 Year 1 Year Inspector of Weights & Measures 1 Year Inspector of Plumbing & Gas Fittings 1 Year Asst. Inspector of Plumbing & Gas Fittings 1 Year Public Weighers 1 Year Robert H. Bowen Kathleen M. Comeau Chief Patrick Sullivan Kerry Speidel Kerry Speidel Kathleen M. Comeau James Sharkey John Biery Stephen Cullinane Gary R. Williams Richard Kapenas Faye Silva Eric Morin Brian Contois Gary Savoie Richard Reynolds Eric Ward Robert Pierce Jay Valier ===PAGE 3=== Senior Citizen Property Tax Work-Off Program & Taxation Aid Committee Technical Advisory committee Tree Warden 1 Year Veterans' Service Officer Local Census Liaison Smart Growth Reporting Officer Assistant Building Inspector Alternate Building Inspector Police Officers Full Time 1 Year 1 Year 1 Year 1 Year 1 Year 1 Year 1 Year Kathryn Herrick David Manzello Doreen Noble Shelly McCaie 1 Vacancy for a citizen at large Jack Rodriquenz 1 Vacancy (Planning Director) Jack Rodriquenz T.J. Blauser Kathryn Herrick Vacancy (Planning Director) Vacancy Vacancy Chief James P. Marino Sgt. Thomas L. Gammel Sgt. Jack A. Hebert Officer Jonathan J. Broc Officer Peter Lekaditis Officer Bradley McNamara Officer Sean Zrate Lt. Michael F. Luth Sgt. Sean J. Connery Det/Ptl. Jeffrey M. Thibodeau Officer Robert D. DiConza Officer Joshua M. Mathieu Officer Joshua B. Tocci Reserves 1 Year Officer Robert J. Ayles Officer Benjamin Campbell Officer Michael Connors Officer Walter C. Godfrey Officer Samantha Hudson Officer Lisa M. Melnicki Officer Stanley W. Barney Officer Linda C. Carrier Officer Robert R. Da Costa Officer Paul G. Grunditz Officer Donald A Letarte Officer Deven O'Brien Officer Quinn Smith Special Police Officers Shirley MA 1 Year Sergeant Peter Violette Sergeant Alfreda Cromwell Sergeant Samuel Santiago Ptl. Craig K. LaPrade Ptl. Everett W. Moody, Jr. Ptl. Gregory Gushlaw Ptl. Brandon Bruin Ptl. Jason Strniste R.O. Robert Pacetti R.O. Merkendrick Jackson R.O. Lesley Hampson R.O. Heather Swick Special Police Officers Townsend MA 1 Year Chief Erving M. Marshal, Jr Deputy Chief David A. Profit Sergeant Cheryl M. Stevenson Sergeant Mark Giancotti Sergeant John W. Johnson Officer James P. Marchand Officer Thaddeus G. Rochette Officer Randy S. Girard Officer Kimberly J. Mattson Officer George Reidy Officer Mark Francis Officer David Phillips Officer James Landi Officer Brent Davis R.O. Tony Brennon R.O. Chris Van Voorhis R.O. Austin Cody R.O. Joseph Quinn R.O. Michael Marchand R.O. Daniel Shuitz Mr. Ebersole moved to ratify the appointments of the Town Manager with the exception of the Animal Control Officer. Discussion: Mr. Ebersole explained that there had been two circumstances over the past year that the BOS has dealt with the Animal Control Officer and he feels there are issues as follows: Many residents in town have spoken to him of their dissatisfaction of the services of the Animal Control Officer He believes that this is an important position and he is not ready to ratify this individual's service based on what he would expect an Animal Control Officer to do Mr. Alonzo explained that in order to achieve what Mr. Ebersole is looking for, the BOS has veto power, and it could be done in two Mr. Toale seconded the motion. Discussion: Ms. Bertram suggested that the Animal Control Officer be given the opportunity to come before the BOS before it gets to the point of not ratifying the appointment Mr. Ebersole requested that the Town Manager implement the re-appointment form for many of these positions and agrees that th opportunity should be given to the Animal Control Officer to come to the BOS for discussion of this matter Mr. Toale spoke to say that his second was predicated to move the process to re-appoint everybody else and to make this a separate discussion. ===PAGE 4=== Ms. Bertram questioned what a Technical Advisory Committee was. Ms. Speidel replied that she was not sure if this committee was , different than the Tech group for all development plans and was unsure of its function. Ms. Bertram would like to see this removed considering that both individuals, the Planning Director and the DPW Director, are full time employees of the Town. Ms.Speidel added that she would also like to clarify who actually needs to be re-appointed annually and she would like to do some more work on the appointment process. Ms. Speidel mentioned that she would like to put the appointment of the Animal Control Officer under the Police Dept. As far as the ratification of this position this evening, this has become a personnel problem that is not properly noted on the agenda and she will need to review this further before meeting with this person to talk about any concerns. Ms. Bertram requested that Mr. Ebersole amend his motion to include the non-ratification of the Technical Advisory Committee and the Field Driver. Mr. Ebersole suggested that all of the re-appointments be postponed until 7/15/14. After due and diligent discussion, Mr. Ebersole rescinded his previous motion. Mr. Toale withdrew his previous second Mr. Ebersole moved to defer action on the Town Manager's appointments until the 7/8/2014 BOS meeting. Ms. Bertram seconded. Discussion: The BOS would like the Town Manager to clarify the duties of the Field Driver, Technical Advisory Committee, and clarify who the appointing authority is for the Inspector of Animals. No vote was taken by the board on Mr. Ebersole's motion. All incumbents will be able to remain in their positions for 15 days after 6/30/2014 and if reappointments are not made at that time they will be able to remain indefinitely. 3. FY2015 Town Manager Goals: Tabled until the 718/2014 BOS Meeting. Mr. Alonzo will not be at the next BOS meeting and noted that that the two most important goals to him were: Define and get settled with the Land Use Director • Begin the process of the Economic Development Plan 4. FY2015 BOS Goals: The BOS discussed what needs to be done to complete the FY2015 Goals which included: • Finish the policies manual • List Town owned land and chapter properties • Economic Development Plan • Communication between committees and departments • Town website/ appoint website committee • Revision of Town Manager evaluation form • Expand the role of the Personnel Committee • Facilitate the recommendations of the Building Reuse Committee • Storm Water Management FY2015 BOS Goals will be discussed again at the 7/8/2014 BOS meeting. 5. Accept/ Adopt Energy Conservation Policy: Mr. Alonzo noted that this item was reviewed during the 6PM Workshop. There are some things that the BOS need to contact the Green Energy Community about concerning potential changes but overall the board thought this looked good. Once they have come to an agreement, the policy will be dispersed to the Facilities Directors on the town and school side to begin the next phase of developing energy policies for each building. 6. Minutes/Warrants/Action File Issues Minutes: 6/17/2014 Ms. Speidel mentioned that the School Superintendent is looking to hire a minute recorder and hopefully the BOS will be able to utilize the same person to record their minutes Warrants: 6/25/2014 W#69-14 $231,871.84 6/30/2014 W#1P15 $553,331.17 6/23/2014 W#FY-14LS $355,183.83 6/24/2014 W#68-14 $316,351.04 6/26/2014 W#70-14 $115,316.82 7/2/2015 W#2-15 $254,917.04 7/1/2015 W#1-15 $1,491,042.04 Action File Issues: Ms. Luck mentioned that she had attended a Storm Water Forum where communities were urged by the EPA New England Section Chief to establish performance standards for newly developed and redeveloped sites. There is an update to the "2008" permit that is scheduled to be released this October. Also discussed was the Chesapeake Bay storm water management program along with funding for storm water management. Ms. Bertram reminded everyone that Storm Water Management needs to be a goal of this community. 6. 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 ===PAGE 5=== Building Reuse Committee: Mr. Toale reported that this committee met jointly with the Planning Board on 6/18/2014 which proved to be a great beginning meeting between the two committees along with the Historical Commission to begin working together on the future building reuse projects in town. All committees involved are currently involved in outreach programs to keep the public informed. The Historical Commission also held a meeting last evening to look "backward" at the town in a historical aspect. On 7/30/2014 the Planning Board will be sponsoring a "charrette" which is an extensive planning session involving citizens, designers, and others to collaborate on a vision for development of the town. Building reuse committee will have an open meeting on 7/7/2014. Capital Planning Committee: No Report, on hiatus. Finance Committee: Mr. Toale reported this committee is completing the work on their rules and regulations and will meet again on 7/10/2014. Library Board of Trustees: Mr. Ebersole reported that this board met in June. Their book & bake sale raised approximately $3600 which goes towards programming beyond what their budget provides for. Friends of the Library will meet again on 7/26/2014. New board members have added additional charges such as "what do they want to look like as a library in 5 years" MPO: Ms. Bertram reported that the MPO voted to endorse the 2017 TIP funding for Summer St. She suggested that the Town may want to participate in the "Safe Routes to School" program and if the town signs on to this program it will open up funding opportunities for sidewalks & bicycle lanes etc. Planning Board: Ms. Bertram reported that the Planning Board met on 6/23/2014 and the majority of the meeting focused on the school building project concerning "100" points that the engineer had, which many have been addressed. A resident of the town was concerned with some aspects of the projects and they reviewed the engineer's "100"points again. There are still some issues remaining which have been tabled until the modifications of the plan are reviewed. The school building project will be looking for a waiver regarding height and soil testing will be done regarding the drainage, which people are very concerned with. Planning Board is still waiting on more information regarding Highfield Village PACC: No Report School Advisory Committee on Acceptance & Diversity: Presentation given earlier in the meeting School Building Committee: Mr. Alonzo reported that there was an abutter's meeting last Wednesday where they discussed site work and approximately 20 people were in attendance. Parking, bus traffic, pickups/drop offs, construction, all were discussed. Overall the meeting went very well. There will be more abutters meetings scheduled to keep people informed of the progress and there will be a ground breaking ceremony in September. The committee also met on Thursday where they approved the 60% construction design and everything is on track. Engineers reviewed the road next to the Passios building and it does meet all of the setback requirements. Road access was not discussed Mr. Ebersole mentioned that abutters are concerned about how and who to communicate with concerning any issues they may have with the project and would like that to be clarified. Also of concern was the possibility of people thinking that the driveway from Mass Ave to Oak Ave would be used as a "cut through" although there will be speed "platforms" installed. Abutters would also like written documentation regarding the "100" points to keep them updated on the progress and resolutions to whatever may arise. Mr. Alonzo replied that the School Committee has requested that all documentation/final report be posted as soon as it is available. He also suggested that information be made available on the Town of Lunenburg's website. School Committee: Ms. Luck reported that this committee met on 6/18/2014 and the focus of the meeting was on the report from the School Advisory Committee on Acceptance & Diversity. They also approved school handbooks for FY15. Sewer Commission: Mr. Ebersole reported that this commission is working on two policies; Capacity Feed Policy & Privately Funded Extension Policy Update. They are also in the process of interacting with the ZBA and the developer for the building project in Whalom concerning the developer's requests for waivers of many of the fees. The Sewer Commission has officially declared that they are against the waiving of any fees. He also commended the ZBA on their due diligence during the fee waiver discussions. MA Broadband: No Report 7. Town Manager Reports or Department Reports: Ms. Speidel mentioned that the BOS had previously approved a Transfer of License for Hadwin Market and it has come back from the ABCC for a request for a signature. Document was signed. APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS 1. Appoint: Ken Chenis, Representative to Montachusett Joint Transportation Committee: Mr. Ebersole moved to appoint Ken Chenis as Representative to the Montachusett Joint Transportation Committee. Ms. Bertram seconded. On vote, motion carried, 5 in favor, 0 opposed. 2. Resignation: Sheila Lumi, Lunenburg Housing Authority: Mr. Alonzo announced the resignation of Sheila Lumi from th unenburg Housing Authority and requested that a letter of thanks be signed by the BOS and sent to Ms. Lum ADJOURNMENT: Being no further business Ms. Bertram moved to adjourn the meeting. Mr. Toale seconded. On vote, motion carried, 5 in favor, 0 opposed. EXECUTIVE SESSION: None Meeting adjourned at 9:04PM UPCOMING MEETING SCHEDULE July 8, 2014 July 15, 2014 July 22, 2014 Respectfully Submitted, Susan Doherty, Recording Secretary Board of Selectmen ======================================================================================== DOCUMENT : 2014-07-08-agenda-4894.txt BOARD : select-board DATE : 2014-07-08 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-07-08-agenda-4894.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07082014-4894 ======================================================================================== ===PAGE 1=== ===PAGE 2=== ===PAGE 3=== ===PAGE 4=== ===PAGE 5=== ======================================================================================== DOCUMENT : 2014-07-08-minutes-4894.txt BOARD : select-board DATE : 2014-07-08 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-07-08-minutes-4894.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07082014-4894 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MEETING MINUTES 7/8/2014 I fell lau The Board of Selectmen met in the Joseph F. Bilotta meeting room at Town Hall as scheduled with Vice Chair Paula Bertram, Jamie Toale, Robert Ebersole, Phyllis Luck & Town Manager Kerry Speidel. Not present Chairperson Tom Alonzo Regular Meeting opened at 7:00PM 7:00PM PUBLIC COMMENT: Ms. Luck commented on the previous day's storm and complimented the 1"" responders for their quick actions. She also mentioned that the storm drains were full of debris and asked for the public's help with clearing them if they could. Ms. Bertram also commented on the storm saying that if you are doing any type of tree cutting near the wetland to please contact the Conservation Commission so that they can be placed under Order of Conditions. Mr. Ebersole mentioned that the Sewer Commission has retained the firm of Wright Pierce to design the Lakefront/Pierce Ave sewer extension and they will begin with a topographical survey of these areas which will take place between 7/9/2014 - 7/31/2014. Any questions can be directed to the DPW (Department of Public Works). ANNOUNCEMENTS: None CURRENT BUSINESS 1. Request to Ratify Town Manager's Appointments under Section 4-2(d) of Town Charter, per Attached List: Ms. Speidel began by clarifying some of the appointment functions as follows: "RACES" Control Officer (Radio Amateur Civilian Emergency Service): Conducts one radio check each month with MEMA Massachusetts Emergency Management Agency) on the shortwave radio at the Public Safety Building and is a non-paying position. This person is part of the Town's Emergency Management Team who can get/receive information via the shortwave radio during a State of Emergency. Fence Viewer: The Fence Viewer mediates disputes between property owners over fences. • Field Driver: Responsible to respond to calls regarding livestock on public ways/public lands. The Animal Control Officer fills this roll. • Forest Warden: Responsible to respond to and manage forest fires. The Fire Chief fills this role. • Municipal Hearings: Responsible for hearing appeals of violation notices within the municipality. Board members were in agreement that it would not be necessary to read the list of Police Officer Appointments again because it had previously been read into the record at the 7/1/2014 BOS meeting. Mr. Ebersole moved to affirm the appointment of the Police Officers as read last week into the record and as listed in the print out provided to us by the Town of Lunenburg, the Town of Shirley, and the Town of Townsend. Mr. Toale seconded. Ms. Speidel spoke to say that the next list of appointments is the same as was read into record at the 7/1/2014 BOS meeting. She noted that the Inspector of Animals (Board of Health appointment) and Technical Advisory Committee were removed and read into record the following: Animal Control Officer Emergency Management Director "RACES" Control Officer Fence Viewer 1 year 1 Year 1 Year Field Driver 1 Year Forest Warden 1 Year Hazardous Waste Coordinator Hearings Officer 1 Year 1 Year Kathleen M. Comeau Chief Patrick Sullivan Ralph Swick Robert H. Bowen Kathleen M. Comeau Chief Patrick Sullivan Kerry Speidel Kerry Speidel Jeanne Swick 1 Year ===PAGE 2=== Inspector of Wires Asst. Inspector of Wires 1 Year 1 Year 1 Year James Sharkey John Biery Inspector of Weights & Measures Inspector of Plumbing & Gas Fittings 1 Year Asst. Inspector of Plumbing & Gas Fittings 1 Year Public Weighers 1 Year Stephen Cullinane Gary R. Williams Richard Kapenas Senior Citizen Property Tax Work-Off Program & Taxation Aid Committee Tree Warden 1 Year Faye Silva Eric Morin Brian Contois Gary Savoie Eric Ward Robert Pierce Richard Reynolds Kathryn Herrick David Manzello Doreen Noble 1 Vacancy for a citizen at large Jay Valier Shelly McCaie 1 Year Veterans' Service Officer 1 Year Jack Rodriquenz T.J. Blauser Local Census Liaison 1 Year Kathryn Herrick Mr. Ebersole moved to reject the appointment of the Animal Control Officer as presented. There was no second to the motion. Ms. Bertram called for another motion. Mr. Toale moved to approve the Town Manager's appointments as listed and read. Ms. Luck seconded. On vote, motion carried, 3 in favor, 1 opposed (Ebersole). 2. Further discussion of FY2015 Town Manager Goals: Ms. Bertram noted that the Town Manager had put together a packet of board members recommendations, which are not for public discussion, and that the only evaluation that is public is the consolidated evaluation. She asked the board to review each other's recommendation and then bring back comments to either a workshop session or to a meeting when there is a full board present for discussion Board members were in agreement and this item has been tabled to a future meeting that will be determined later. 3. Further Discussion of FY2015 BOS Goals: Tabled to a future meeting that will be determined later. 4. Minutes/Warrants/Action File Issues Minutes: None Warrants: 6/30/2014 6/30/2014 Action File Issues: None W# 1P-14 W# 71-14 $171,195.08 $118,502.00 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: No Report Building Reuse Committee: Mr. Toale reported that this committee met last evening where they discussed the following: The joint meeting with the Planning Board • Attending future Planning Board meetings concerning the village zoning efforts and lending support to their efforts • Continuing ongoing discussions/updates/communications with the public and other entities concerning the Building Reuse Committee's activities Ms. Bertram asked it this committee was working building by building or if they are looking at it as a whole. She also asked when they expect to come back with recommendations. Mr. Toale replied that there are so many pieces to the puzzle which makes that difficult to answer. The buildings are being dealt with individually and our plan is to bring "bite size" decisions to future Town meetings and we will lay out a timeline for each building as time goes on. Ms. Bertram would like a more comprehensive report of the status of the buildings before Fall Town Meeting. Mr. Toale noted that any report that would come to Fall Town Meeting would most likely focus on the zoning aspects. Capital Planning Committee: No Report Finance Committee: No Report Library Board of Trustees: No Report MPO: No Report Planning Board: No Report PACC: No Report School Advisory Committee on Acceptance & Diversity: Mr. Ebersole noted that this is completed and should be removed from the agenda. School Building Committee: No Report School Committee: No Report Sewer Commission: No Report ===PAGE 3=== MA Broadband: No Report 6. Town Manager Reports or Department Reports: Ms. Speidel spoke about the Katkin property which has gone into Chapter 61A and is being sold. The Town has Right of First Refusal and she had sent all information to the Planning Board, Conservation Board, Open Space Committee and Town Counsel for review. The Planning Board replied saying that they would endorse anything that the Conservation and Open Space Committees would recommend. Town Counsel had replied saying that there were several deficiencies in the notice which was sent to the Town. Ms. Speidel asked the board to sign the document from Town Counsel noting the deficiencies and explained that this will be returned to the attorney representing the owner/seller to inform them of the deficiencies. The Town will then have 120 days from when the new purchase and sale agreement has been received to make their decision regarding the Right of first refusal. Conservation had indicated that they may have some interest in this property and Ms. Bertram recommended that the BOS sign the document. Document was signed. Ms. Speidel provided a power point presentation showing the damage that had been done in the Lake Shirley area due to the previous evening's storms. At one point there were 650 residents without power, several homes had received some sort of damage ranging from minor to moderate, and roads were blocked by fallen trees and wires Although the power has been restored there are still storm drains to be cleared and fallen trees to be removed. She expects several more days of work to be done by the DPW before this can be completely cleared. Extra personnel and vendors have been called in to aid in the clean up. It was also suspected that a micro burst may have developed due to this storm. Ms. Luck asked if the State would provide money for a situation like this Ms. Speidel replied that if we were to declare a State of Emergency there is a process to go through for reimbursement that is Federal aid that comes through the State. There is a threshold formula that needs to be met in order to receive reimbursement. Although this is very severe to the people who were affected, this would not qualify for Federal/State funding reimbursement. Individuals who did suffer damage should report it to the Town/DPW. Ms. Bertram requested that opening the Town Land Fill should be investigated, specifically for those affected by the damage to dispose of their storm debris. Ms. Bertram thanked all who responded to this emergency for their efforts. Ms. Speidel updated the board on the Planning Board current appointment item. There are two applicants for this seat and interviews with them have been scheduled with the Planning Board for 7/14/2014. The BOS will attend the 7/14/2014 interview meeting to be followed on 7/15/2014 with a joint session, at the BOS meeting, between the BOS and the Planning Board to appoint a person to the vacant seat. This appointment will be in effect until the next annual election in May of 2015. PUBLIC COMMENT: Mr. Ebersole reminded the public again about the sewer extension work which will begin on 7/9/2014 and will continue through 7/31/2014. Ms. Bertram reminded all again to contact Conservation about damage they may have incurred during the storm. APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS: Discussed under Item (1) of Current Business ADJOURNMENT: Being no further business Mr. Toale moved to adjourn the meeting. Mr. Ebersole seconded. On vote, motion carried, 4 in favor, 0 opposed EXECUTIVE SESSION: None Meeting adjourned at 7:49PM UPCOMING MEETING SCHEDULE July 15, 2014 July 22, 2014 Respectfully Submitted, Susan Doherty, Recording Secretary Board of Selectmen ... - ======================================================================================== DOCUMENT : 2014-07-14-agenda-4895.txt BOARD : select-board DATE : 2014-07-14 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-07-14-agenda-4895.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07142014-4895 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN July 14, 2014 6:30 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. This is a Joint Meeting with the Planning Board CURRENT BUSINESS 1. Interview Candidates for Planning Board Vacancy – Matthew Allison; Celeste McCain UPCOMING MEETING SCHEDULE July 15, 2014 July 22, 2014 ======================================================================================== DOCUMENT : 2014-07-15-agenda-4896.txt BOARD : select-board DATE : 2014-07-15 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-07-15-agenda-4896.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07152014-4896 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN July 15, 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 7:00 PM – Joint Session with Planning Board to appo int candidate to current vacancy 7:15 PM – Eric Holt, Proposal to Construct Communit y Solar Farm on Landfill Site 7:30 PM – Tentative: Presentation from Kinder Morgan Energy Partners, LP, regarding proposed pipeline project CURRENT BUSINESS 1. Further discussion of FY2015 Town Manager Goals – set work session date 2. Further discussion of FY2015 BOS Goals – set wor k session date 3. Request to approve One Day Wine & Malt Beverages License for Conrad’s Drive-In, Inc, 835 Mass Avenue; August 1, 2014, from 3:00 PM to 9:00 PM 4. Request to approve Common Victualler’s License f or Ole Ahad d/b/a/ Hadwen Market, 1 Main Street 5. Minutes/ Warrants/ Action File Issues 6. Committee Report: Board of Health; Building Reu se Committee; Capital Planning Committee; Finance Committee; Library Board of Trustees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission 7. Town Manager Reports or Department Reports APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS 1. Accept resignations: Council on Aging- Connie O ’Dea, Anthony Bertone & Shirley Bertone EXECUTIVE SESSION UPCOMING MEETING SCHEDULE July 22, 2014 ======================================================================================== DOCUMENT : 2014-07-15-minutes-4896.txt BOARD : select-board DATE : 2014-07-15 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-07-15-minutes-4896.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07152014-4896 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MEETING MINUTES 7/15/2014 The Board of Selectmen met in the Joseph F. Bilotta meeting room at Town Hall as scheduled Chairperson Tom Alonzo, Vice Chair Paula Bertram, Jamie Toale, Robert Ebersole, & Phyllis Luck. Not present Town Manager, Kerry Speidel Regular Meeting opened at 7:00PM 7:00PM PUBLIC COMMENT: Ms. Luck thanked and congratulated Dave Berthiaume & the Lion's Club for the monthly pancake breakfast that they hold at the senior center. They served over 100 people at the last breakfast. Mr. Ebersole mentioned that the Sewer Commission has retained the firm of Wright Pierce to design the Lakefront/Pierce Ave sewer extension and they will begin with a topographical survey of these areas which will take place between 7/9/2014 - 7/31/2014. Any questions can be directed to the DPW (Department of Public Works). ANNOUNCEMENTS: Mr. Toale announced that the Planning Board is planning a Charrette to gather input on the Town Village and zoning bylaw on 7/30/2014, 6PM, at Town Hall. Mr. Alonzo announced that there are 3 more band concerts remaining for this season. APPOINTMENTS 7:00pm - Joint Session with Planning Board to appoint candidate to current vacancy: Due to a quorum issue with the Planning Board, this has been postponed to the 7/22/2014 BOS meeting 7:15pm - Eric Holt, Proposal to Construct Community Solar Farm on Landfill Site: Eric Holt, owner of Sunnyside Solar came before the board to propose construction of a community solar farm on the Town landfill off of Youngs Road. Sunnyside Solar is affiliated with Clean Energy Collective (CEC) which is based out of Colorado. Mr. Holt presented a slide presentation which showed pictures of the proposed location of this project including their objectives which are to: Obtain a 25 year land lease of public land (approximately 35 acres) on the old Lunenburg town dump • Install a 1.3 megawatt community solar farm • Sell solar panels to anyone that has an electrical meter • Sell the electricity to the local utility (Unitil) • Pay the land lease fees to the town • Pay the folks who have solar panels in the community solar farm based upon their percentage of panels • Make a small profit for managing the effort • Remove the solar farm at the end of the lease CEC will at no cost: Accomplish a solar survey • Coordinate with the local utilities to see if they can support a solar farm - Circuit already approved for 2.6 megawatts • Submit a formal proposal to the Town of Lunenburg to lease the land • After the Town of Lunenburg agrees to the project CEC will create a site specific design and accomplish preliminary and critical reviews Once the design is agreed upon, CEC will at no cost: • Install the solar farm • Set up two trust funds 1. For operations and maintenance for the life of the lease • To remove the solar farm at the end of the lease period • Pay the Town of Lunenburg $20k (lease fee for the land use) for each megawatt of electricity generated (This rises over time and is tied to the cost of a kilowatt of electricity CEC looks ahead to: • Accomplish solar survey. Town vote- Agree to long term leasing terms (more than 3 years) • Size the land • Coordinate with local utility (Unitil) to see if they can accept the electrical potential off this size solar farm (Already pre-approved an increase of 2.6 megawatts on the circuit) (Might be a project for 2015, 2016, or beyond) (Need State Representative support on H3968 bill) ===PAGE 2=== Town sign a lease agreement • Wait for everything to fall into place Discussion: Board members were in agreement that a Community Solar Project on the land fill would be beneficial to the residents and would support a project such as this but also pointed out the following concerns: Borrego Solar had attempted a project at this site but the cost to tie into Unitil's 3 phase made the project uneconomical The challenges of working with two different municipalities • Ensuring that this is a fair opportunity with all involved CEC should reach out to the Lunenburg Green Energy Committee for input • If approved at Town meeting to move forward with a lease, does this need to go out to bid? • Residents have 1' opportunity for purchase before going to businesses Mr. Alonzo thanked Mr. Holt for bringing this forward and said that they will discuss this with the Town Manager and hopefully it will come to either the Fall or Spring Town Meeting. 7:30pm - Tentative: Presentation from Kinder Morgan Energy Partners, LP, regarding proposed pipeline project: Mr. Alonzo began by apologizing to the public for not giving more of a notice regarding this presentation. Allen Fore along with other representatives from Kinder Morgan came before the BOS to give a slide show presentation concerning the proposed pipeline project and explained that Kinder Morgan had purchased the Tennessee Gas Pipeline Co. two years ago. The presentation included the following: Business information about the Kinder Morgan Company • Utility Customers Municipalities which are served by the Northeast Expansion Project • Northeast Energy Crisis • Route of gas distribution • Regulatory Oversight • FERC (Federal Energy Regulatory Commission) Review Process • Preliminary Route map through Lunenburg • Post construction rights of way/reconstruction • Project benefits/Grant Opportunities • The process of contacting/educating homeowners who may be affected by the pipeline • Landowners would be monetarily compensated for any easements that are acquired • Property owners would be allowed recreation/agricultural use of this property put would be limited/prohibited from erecting permanent structures • Town owned land has not been identified, as of yet, as being on the pipeline route • Final route will not be identified until FERC authorizes final certificate in the Fall of 2016 Project Overview Tennessee Gas Pipeline Company, L.L.C. ("Tennessee"), a subsidiary of Kinder Morgan, Inc., proposes the Northeast Expansion Project to upgrade its existing Tennessee Gas Pipeline system within New York, Massachusetts, New Hampshire and Connecticut • The project, currently configured, would result in the construction of approximately 250 miles of new pipeline, additional meter stations and modifications to existing facilities • Tennessee anticipates that it will be able to locate a significant portion of the pipeline adjacent, or generally parallel to, existing pipeline and electric utility corridors • Northeast Expansion Project is projected to create over 3000 jobs during the peak construction period available for the winter heating season Timeline Outreach Meetings - Ongoing • Route Selection & Permit Preparation - Ongoing • Proposed Construction - April 2017 • Proposed In-Service - November 2018 Mr. Ebersole noted his following concerns: Although it is called the Fitchburg route, it actually goes through Lunenburg & Townsend • The route goes through the solar fields on Chase & Pleasant Streets Legislators have not endorsed this pipeline & have only recognized the need of additional gas and infrastructure : The proposed route comes close to conservation and bodies of water along with the size of the pipeline Ms. Bertram requested that a more detailed map be given to the BOS for review. Mr. Fore replied that when their routes are finalized a more detailed map will be available. Mr. Ebersole noted that Representative Benson has scheduled a meeting at Lunenburg High School on 8/5/2014 regarding this project Mr. Alonzo questioned how the production of the gas from the pipeline was to occur Mr. Fore replied that it is fracked gas. Ms. Luck asked if 1 out of 3 homes did not want this going through their property, would they not have a choice? Mr. Fore replied potentially yes, if FERC determines that if this in the public interest, they have domain. ===PAGE 3=== Mr. Toale pointed out that this also applies to Towns rights of refusal also. Ms. Luck questioned what the policy is for leaks/evacuations. Mr. Fore replied that the system is monitored 24hrs a day with systems in place to shut off/contain pipes. Leaks are for distribution companies, not transmission companies. Within the Massachusetts system there has not been any incident in a very long time. All safety/incident records are published online. There will be emergency training for the proper entities within the Town provided by Kinder Morgan. Mr. Ebersole commented to say that he utilizes natural gas. Although he opposes this pipeline, if it goes through, he will work with the BOS to make sure the appropriate safeguards are in place. Mir. Alonzo commented to say that he does not see this pipeline benefitting Lunenburg, there may be better routes to navigate through, and he wants to make sure that the landowner's needs are addressed. Mr. Alonzo thanked the Kinder Morgan representatives for the presentation this evening. CURRENT BUSINESS 1. Further discussion of FY2015 Town Manager Goals - set work session date: Date set for 7/22/2014 at 6PM for discussion. 2. Further Discussion of FY2015 BOS Goals- set work session date: Date set for 7/22/2014 at 6PM for discussion. 3. Request to approve One Day Wine & Malt Beverages License for Conrad's Drive-In, Inc, 835 Mass Avenue; August 1, 2014, from 8-9PM: Mr. Alonzo spoke to say that Police Chief Marino requested that the same number of Police Officers that were used at a previous function at this site, be used again this time, if this is approved Mr. Ebersole moved to approve the one day Wine & Malt Beverage License for Conrad's Drive-In, Inc. 835 Mass Avenue on August 1, 2014, subject to determination by the Lunenburg Police Chief as to the number of Police Officers to be assigned. Ms. Bertram seconded. On vote, motion carried, 5 in favor, 0 opposed. 4. Request to approve Common Victualler's License for Ole Ahad d/b/a/ Hadwen Market, 1 Main Street: Ms. Bertram moved to approve the Common Victualler's License for Ole Ahad d/b/a Hadwen Market, 1 Main Street. Mr. Toale seconded. On vote, motion carried, 5 in favor, 0 opposed. 5. Minutes/Warrants/Action File Issues Minutes: None Warrants: 7/17/2014 7/15/2014 7/16/2014 W# 2P-15 W# 4-15 W#3-15 $473,983.91 $52,919.06 $469,963.44 Action File Issues: BOS will be scheduling a joint session with the Planning Board to discuss the Planning Board Appointment and Economic Development. 6. 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 he had attended last night's Planning Board meeting to gather information concerning the Charette but it was not discussed that night. They discussed the Village Center Zoning concerning the marketing aspect of that project. Mr. Toale will be attending the next School Committee meeting to discuss the property transfer of the Passios Building and Brooks House from the school to the town. He will also bring up the matter of land transfer. Mark Ericson has joined the Building Reuse Committee as the FinCom representative Amory Phelps has resigned from the Building Reuse Committee as the Historical Commission representative and Mr. Toale thanked her for her contribution. Capital Planning Committee: No Report Finance Committee: Mr. Toale reported that they will have one more meeting on 8/21/2014 where they will finalize their financial policies for presentation to the BOS at a later date. Library Board of Trustees: No Report MPO: No Report Planning Board: Ms. Bertram reported that at the last meeting this board discussed the following concerning the school building project: Waivers concerning signage and curbing • The culvert located on Mass Ave which backs up but it's been determined that it would not get any worse than it is now. Ms. Bertram would like feedback from the DPW Director concerning the culvert. • Sewer pipe size • Parking space amounts and sizes PACC: No Report School Building Committee: No Report School Committee: No Report Sewer Commission: No Report 7. Town Manager Reports or Department Reports: None ===PAGE 4=== APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS: Accept resignations: Council on Aging- Connie O'Dea, Anthony Bertone & Shirley Bertone: Mr. Alonzo spoke of the resignations of Connie O'Dea, Anthony & Shirley Bertone from the Council on Aging. After determining the time served on this board, a letter of thanks will be sent for their contributions. Discussion ensued concerning quorum issues/ appointments to PACC, COA, and the Personnel Committee and all agreed that these 3 committees need members appointed ASAP when all interviews are completed. EXECUTIVE SESSION: None ADJOURNMENT: Being no further business Ms. Bertram moved to adjourn the meeting. Mr. Toale seconded. On vote, motion carried, 5 in favor, 0 opposed. Meeting adjourned at 9:05PM UPCOMING MEETING SCHEDULE July 22, 2014 Respectfully Submitted, Susan Doherty, Recording Secretary Board of Selectmen RECEIVED & FILED OCT 0 8 2014 LUNENBURG TOWN CLERK OFFICE ======================================================================================== DOCUMENT : 2014-07-22-agenda-4897.txt BOARD : select-board DATE : 2014-07-22 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-07-22-agenda-4897.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07222014-4897 ======================================================================================== ===PAGE 1=== draft draft BOARD OF SELECTMEN Revised AGENDA JULY 22, 2014 6:00 P.M. 2nd FLOOR, Joseph F. Bilotta Meeting Room, TOWN HALL In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. 6:00 PM - WORKSHOP / BOARD OF SELECTMEN & TOWN MANAGER GOALS 7:00 PM PUBLIC COMMENT ANNOUNCEMENTS APPOINTMENTS 7:OO PM – Joint Session with Planning Board to appoint candidate to current vacancy 7:15 PM – Public Hearing - Pole Location Hearing/Verizon New England Inc. and Fitchburg Gas & Electric Company/Unitil – Weatherbee Street 7:25 PM – Interview candidates for various committees; Council on Aging, Personnel Committee and Public Access Cable Committee (PACC) CURRENT BUSINESS 1. Request to Ratify Appointment of Police Officer Reserves & Police Sergeant 2. Request to Authorize Chair to sign MSBA Funding Agreement when available 3. Minutes / Warrants / Contracts 4. Committee Reports: Board of Health; Building Reuse Committee; Capital Plann ing Committee; Finance Committee; Library Board of Trustees; MPO; Planning Board; School Committee; School Building Committee; Sewer Commission 5. Town Manager Reports or Department Reports COMMITTEE APPOINTMENTS – REAPPOINTMENTS – RESIGNATIONS 1. Police Reserve Police Officers- Katrina L. Hart; John F. Morreale, Jr.; and Julienne I. Salas 2. Police Sergeant- Jeffrey M. Thibodeau UPCOMING MEETING SCHEDULE August 5 , 2014 August 12 , 2014 August 19 , 2014 ======================================================================================== DOCUMENT : 2014-08-05-agenda-4898.txt BOARD : select-board DATE : 2014-08-05 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-08-05-agenda-4898.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08052014-4898 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN August 5, 2014 6:00 PM – Lunenburg High School AGENDA 6:00 PM EXECUTIVE SESSION - M.G.L. Chapter 30A, Section 21A [9], to discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government’s bargaining or litigating position, and the Chair so declares. Discussion of Lunenburg v. Hollis Hills, LLC and HAC. ===PAGE 2=== ======================================================================================== DOCUMENT : 2014-08-12-agenda-4899.txt BOARD : select-board DATE : 2014-08-12 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-08-12-agenda-4899.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08122014-4899 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN August 12, 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 7:00 PM – Joint Session with Board of Parks Commiss ioners to make appointment to Vacant Seat; Interview Candidates Peter McCauliff and Corrine Scouten; Sale of Memorial Bricks for Veteran’s Park Walkway, Cliff Worthley; Veteran’s Day Ceremony 7:15 PM – Shelley McCaie, Treasurer-Collector & Dav id Eisenthal; Update on School Construction Project Financing CURRENT BUSINESS 1. FY2015 Board & Committee Appointments & Reappoin tments-Interview Candidates & Review Request for Reappointment Forms – Jacqueline Dwyer (COA); Lois Lewis (Historical Commission); Scott Chase (Personnel Committee) 2. FY2015 Constable Appointments 3. Request to approve One Day Wine & Malt Beverages Licenses- • 08/24/14 for Kabob-E-Licious to benefit Fitchburg East Rotary Club • 09/20/14 for Lunenburg Lion’s Club Meat Bingo • 11/22/14 for Lunenburg Lion’s Club Meat Bingo 4. Request to Abate Ambulance Bill, LBT148193 5. Execute Termination of Land Development Agreemen t, Jones House, 42 Main Street 6. Request to Release Right of First Refusal, 145 P age Street (Katkin Property) 7. Minutes/ Warrants/ Action File Issues 8. Committee Report: Board of Health; Building Reu se Committee; Capital Planning Committee; Finance Committee; Library Board of Trustees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission 9. Town Manager Reports or Department Reports APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS 1. Reappointment: Renee Trakimas to Agricultural C ommission (2017) 2. Reappointment: Amory Phelps to Historical Commi ssion (2017) 3. Reappointment: Richard Bursch to Conservation C ommission (2017) 4. Reappointment: Mark Murphy to Conservation Comm ission (2017) 5. Appointment: Lois Lewis to Historical Commissio n (2016) 6. Appointment: Rene Lafayette to Personnel Commit tee (2016) UPCOMING MEETING SCHEDULE August 19, 2014 August 26, 2014 – Work Session ======================================================================================== DOCUMENT : 2014-08-12-minutes-4899.txt BOARD : select-board DATE : 2014-08-12 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-08-12-minutes-4899.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08122014-4899 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MEETING MINUTES 8/12/2014 The Board of Selectmen met in the Joseph F. Bilotta meeting room at Town Hall as scheduled with, Chair Tom Alonzo, Vice Chair Paula Bertram, Jamie Toale, Robert Ebersole, Phyllis Luck & Town Manager Kerry Speidel. Regular Meeting opened at 7:00PM 7:00PM PUBL/C COMMENT: Ms. Luck commented to say that she had attended the Friends of the Lunenburg Library meeting in July and she was impressed with how they keep their finances and also impressed with the number of passes that are available to members of the Friends of the Library for local museums Ms. Luck also reminded the public that Compost Bins are available for purchase at the DPW at a discounted price. bie a Compon in reland Ms. Luck reminded all of the Lions Club Pancake Breakfast to be held tomorrow at the Eagle House. Mr. Alonzo reminded all that next Monday will be the final date of the season for the band concert at the gazebo. Mr. Alonzo thanked all who attended the pipeline seminar last Tuesday including the State Representatives who attended. He stressed the importance of this issue and said that it was really important to receive feedback from everyone regarding this project. Kevin O'Brien, who had previously requested public records from the BOS, spoke to the board to say that he had received records which dated back 4 years but needs the records that go back 4 years prior to those ones, and is willing to pay to receive them. Mr. Alonzo replied that he did not believe that there was any legal requirement to provide anymore documentation then what has already been provided but we will take the request under advisement. Ms. Spiedel spoke to clarify and said that the request was for legal bills associated with law suits. The state law requires retention schedules for different records that the Town has. For vendor/accounts payable records we are required to maintain through successful completion of the audit. At this point in time we have successfully completed the 2013 audit, we did have records on hand back to 2010, and those were provided. We don't have records on hand before that time, they were destroyed in accordance with the Public Records Law. Mr. O'Brien is looking for records dating back to 2006 and we don't have them. He has requested that we retrieve these from our attorney, the Public Records Law does not apply to the Towns Attorney, and we are not obligated to provide those. ANNOUNCEMENTS: None APPOINTMENTS: 7:00PM - Joint Session with Board of Parks Commissioners to make appointment to Vacant Seat; Interview Candidates Peter McCauliff and Corrine Scouten; Sale of Memorial Bricks for Veteran's Park Walkway, Cliff Worthley; Veteran's Day Ceremony: Cliff Worthley, 53 Woodland Drive, came before the board to discuss the sale of Memorial Bricks for Veteran's Park walkway. Mr. Worthley explained the history of how the current walkway came to be installed and how he would like to proceed with continuing the sale of bricks again. Mr. Worthley is willing to purchase the bricks through his company and people interested in purchasing an engraved brick could do so at a cost no greater than $30 per brick. Mr. Worthley is still working on how the installation/storage of the bricks will be happening. Eligibility requirements for the bricks would be if a person has lived/lives in the Town of Lunenburg and has served in the military at any time. The goal is to have submissions in by 10/1/2014 and to have this completed by Veteran's Day. Parks Commission opened their meeting this evening and present was Bob Robuccio and Mike Masciarelli. Peter McCauliff candidate for the vacant seat on the Parks Commission came before the board and gave his employment history with the Lunenburg School System along with his reasons for wanting to be considered for this seat. Mr. Ebersole asked Mr. McCauliff to explain his interpretation of Parliamentary Procedure and the Open Meeting Law. Mr. McCauliff explained that he has experience with Parliamentary Procedure as Chair of several different committees within the MIAA (Massachusetts Interscholastic Athletic Association) and understands the Roberts Rules of Order proceedings. He also is aware of the Open Meeting Law requirements of public meetings and would be willing to review that further. Mr. Alonzo asked Mr. McCauliff that as an employee of the school/Athletic Director how he would handle the balance of parks/field use so as not to favor the school. Mr. McCauliff replied that he has been trying to improve the relations between all of the groups who use the fields. Recently he has been working with youth soccer and Pop Warner to make sure they have practice/playing fields available to them during the construction of the new school, everything is done fairly, and this has worked out very well. Mr. Alonzo stated that he is concerned that Mr. McCauliffs position as the Athletic Director could possibly be seen as a conflict of interest. Mr. McCauliff replied that he believes that he has already demonstrated that he can be fair with distributing facility time and if he is a member of this commission, it could eliminate the "middle man" when it comes to booking facilities. The Park Commissioners had no questions for Mr. McCauliff. ===PAGE 2=== Corrine Scouten, candidate for the vacant seat on the Parks Commission, came before the board and gave a brief history of her community involvement with the town and her reasons for wanting to be considered for this seat. Mr. Ebersole asked what Ms. Scouten's experience was with Parliamentary Procedure and the Open Meeting Law. Ms. Scouten responded that she was on the Hall of Fame Committee, they follow Parliamentary Procedures, and she would be willing to review them further. Ms. Scouten's familiarity with the Open Meeting Law was limited but she understands the concept of conducting public meetings and the need to post agendas. Mr. Alonzo asked if Ms. Scouten had attended any of the Parks Commission meetings. Ms. Scouten replied that no she has not but has worked with their members on other athletic activities which she had been involved in and she is very interested in keeping the parks and recreation facilities open to all residents of the town. The Park Commissioners had no questions for Ms. Scouten. Mr. Alonzo reminded all that this is a joint appointment to be filled until the Town Election in May of 2015. Discussion: Mr. Ebersole spoke to say that he was concerned with the possible conflict of interest with Mr. McCauliff and also that the Town Manager has recommended in the past that town employees should not be serving on committees especially if that person has expertise that could be used by that committee in an adhoc basis. Mr Ebersole would like to support Ms. Scouten for this seat and would like to see this commission work closely with Mr. McCauliff. Mr. Alonzo spoke to say that he agrees and would add that if we could get another member of the community involved as a volunteer it provides a more inclusive environment with another voice to be heard from. Mr. Alonzo would lean toward Ms. Scouten for this position. Mr. Masciarelli spoke to say that there are two qualified candidates tonight and you could not go wrong with either of them. Ms. Bertram spoke to say that she believes that Mr. McCauliffs experience would be an asset to this commission and would support Mr. McCauliff for this seat. Mr. Ebersole moved to appoint Corrine Scouten to the Parks Commission. Mr. Toale seconded. On vote, motion carried, 4 in favor, 3 opposed (Bertram, Masciarelli, Robuccio). Mr. Alonzo thanked both candidates for coming forward this evening Mr. Ebersole requested that another joint meeting be held to discuss the status of the Parks Commission financial affairs. 7:15PM - Shelley McCaie, Treasurer-Collector & David Eisenthal; Update on School Construction Project Financing: Shelley McCaie, Treasurer/Collector introduced David Eisenthal from UniBank Fiscal Advisory Services to the board and he proceeded to give an update on the school construction project financing as follows: 1s" set of notes on the main school project sold in the last several days and settled today • Currently there is $2,809,000.00 in outstanding bond notes $309K was issued for the feasibility study which is due on 11/14/2014 • $2.5M was issued for the main project which is due on 11/14/2014 • Current plan is for the Town to issue $6.3M of bonds in October/November of this year. This will retire the $2.8M in notes and provide enough cash to fund the local share of the project through June 2015 • Another $6.6M bond issue will be looked for in June 2015 to provide cash flow for the project along with $20M in January of 2016 & $2M in January of 2017 • This plan is subject to adjustment The Board thanked Mr. Eisenthal & Ms. McCaie for coming forward this evening. CURRENT BUSINESS 1. FY2015 Board & Committee Appointments & Reappointments-Interview Candidates & Review Request for Reappointment Forms-Jacqueline Dwyer (COA); Lois Lewis (Historical Commission); Scott Chase (Personnel Committee): Ms. Speidel informed the board that there are 4 openings on the COA board with 5 candidates who have not been interviewed yet. The BOS should be able to make these appointments at the next BOS meeting when the other candidates can attend Jacqueline Dwyer, 105 West Street, came before the board to be interviewed for position on the COA. Ms. Dwyer explained her professional career in the health care field and her interest in working with the elderly and with the COA. Mr. Toale stated that Ms. Dwyer and her husband came to the booth which the BOS had at the Bonfire for recruiting volunteers. Sarah Grant, 1 Tri Town Drive, came before the board to be interviewed for a position on the Council on Aging. Ms. Grant gave a brief history of her personal life and although Ms. Grant has no prior experience with working with the elderly, she participates in activities at the Eagle House. Mr. Alonzo questioned Ms. Grant's talent bank form and asked if she would be interested in any of the other boards which she had checked off. Ms. Grant replied no. Lois Lewis came before the board and expressed her interest in being appointed to the Historical Commission and gave a brief description of her personal/professional life and her desire to become involved in the changes which are coming to Lunenburg. Ms. Bertram moved to appoint Lois Lewis to the Historical Commission. Mr. Toale seconded. On vote, motion carried, 5 in favor, 0 opposed. Scott Chase, 23 Cushing Lane, came before the board to be interviewed for a position on the Personnel Committee. Mr. Chase gave a brief description of his professional life in the Human Resource field. ===PAGE 3=== Ms. Speidel explained that there are 2 vacancies and 2 applicants for this seat and that the 18 applicant, Rene LaFayette, who had been interviewed several months ago and was still interested in this position. Ms. Bertram moved to appoint Scott Chase to the 3 year term and Rene LaFayette to the 2 year term on the Personnel Committee. Mr. Toale seconded. On vote, motion carried, 5 in favor, 0 opposed. 2 FY2015 Constable Appointments: Ms. Speidel read the list of returning FY15 Constables, which are BOS appointments as follows: Richard O. Allen Michael Bottalico John H. Godeck Albert Poladian Kevin Rice Paul DiaBenedetto Luke Derienzo Douglas Duvall Stanley Young All individuals are subject to providing the appropriate bond to the Selectmen's office after appointment. Ms. Bertram moved to approve the Constable appointments as read by the Town Manager for 2015. Mr. Toale seconded On vote, motion carried, 5 in favor, 0 opposed. 3. Request to approve One Day Wine & Malt Beverages Licenses; 8/24/2014 for Kabob-E-Licious to benefit Fitchburg Rotary Club: Tarrnum Williams, representing Kabob-E-Licious came before the board to request a one day Wine & Malt Beverage license for a fundraiser event to be held on 8/24/2014 from 4-7PM. Ms. Williams has spoken to the Police/Fire Departments, Building Inspector, and neighbor regarding this event and they have all given their approval. Mr. Ebersole moved to approve the One Day Wine & Malt Beverage License for Kabob-E-Licious on 8/24/2014 from 4-7PM. Ms. Bertram seconded. On vote, motion carried, 5 in favor, 0 opposed. 9/20/2014 for Lunenburg Lion's Club Meat Bingo & 11/22/2014 for Lunenburg Lion's Club Meat Bingo: Janice Carrier, representing the Lunenburg Lion's Club came before the BOS to request two, one day wine & malt beverage licenses for 2 fundraisers to be held on 9/20/2014 & 11/22/2014 at the Lunenburg Sportsmen Club. Mr. Ebersole moved to approve the two One Day Wine & Malt Beverage Licenses for the Lunenburg Lion's Club on 9/20/2014 & 11/22/2014. Ms. Luck seconded. On vote, motion carried, 5 in favor, 0 opposed 4. Request to Abate Ambulance Bill, LBT148193: Ms. Speidel presented this request to the BOS on behalf of the Fire Chief and explained that the amount for abatement would be $150.00 and the applicant meets the HUD low income limits set forth on the application. Mr. Ebersole moved to approve the abatement of $150.00 on ambulance bill LBT148193 per the application. Mr. Toale seconded. On vote, motion carried, 5 in favor, 0 opposed 5. Execute Termination of Land Development Agreement, Jones House, 42 Main Street: Ms. Speidel explained that this request has been made by the property owner and they have completed all of the requirements of the land development agreement. The Historical Commission has also confirmed that all of the conditions have been met. Ms. Bertram moved to terminate the Land Development Agreement for the Jones House, 42, Main Street. Mr. Ebersole seconded. Discussion: Mr. Alonzo spoke to say that he was pleased that the Town worked hard to preserve this historical property formerly owned by Luther Burbank. He commended the Historical Commission and the property owners for the work that they have done to the property. On vote, motion carried, 5 in favor, 0 opposed 6. Request to Release Right of First Refusal, 145 Page Street (Katkin Property): Ms. Speidel reviewed the request to release right of first refusal of 145 Page Street with the board. The original request was not in proper form and the one before the board tonight shows that the property would be for the purchase of approximately 12 acres (of the 17.78 acre property) which is included in Chapter 61A. The Conservation Commission and Open Space Committee both recommend against the Towns purchase for right of first refusal. Open Space Committee concluded that this property only meets 1 of the 6 criteria which they look for if they were to recommend to preserve. The Planning Board had stated that they would stand with whatever Conservation and Open Space recommended. Ms. Bertram moved to release from the Right of First Refusal, 145 Page Street, based on the recommendations of the Conservation Commission and Open Space Committee. Ms. Luck seconded. On vote, motion carried, 5 in favor, 0 opposed. 7. Minutes/Warrants/Action File Issues Minutes: None Ms. Speidel mentioned that the School Committee and the Selectmen's Office will be advertising for a "joint" minute recorder. Warrants: 8/13/2014 W#10-15 $266,886.59 8/7/2014 W#4P-15 $490,750.23 8/12/2014 W#8-15 $1,513,400.00 8/11/2014 W#11-15 $167,085.23 Action File Issues: Mr. Alonzo mentioned that the Kinder Morgan letters which he had requested were received and are in this evenings action file. Ms. Speidel commented to say that some people who attended the Gas meeting last week mentioned that there are not a lot of homes in Lunenburg that utilize natural gas. Fitchburg Gas & Electric (FG&E) has confirmed that they supply 300 homes in Lunenburg with gas. National Grid also services a small amount of homes in Lunenburg but there are no numbers available for that. A service area map has been received from FG & E and Ms. Speidel would like to post this to the Town Website. 8. Committee Report: Board of Health; Building Reuse Committee; Capital Planning Committee; Finance Committee; Library Board of Trustees; MPO; Planning Board; School Committee; PACC; School Building Committee; Sewer Commission: Board of Health: Mr. Ebersole reported that this board met on 7/28/2014 and had discussions with some residents who had complaints about agricultural uses. The Chair of the Agricultural Commission was present to help resolve the complaints. Mr. Ebersole mentioned ===PAGE 4=== that the recognition of the Right to Farm Bylaw did not create any new rights but created a commission to hopefully market agriculture and to work through any issues that may arise. BOH moved discussion on agricultural wells to the Fall. Building Reuse Committee: No Report - next meeting 9/16/2014 Capital Planning Committee: No Report- on hiatus Finance Committee: No Report - next meeting 8/21/2014 Mr. Alonzo requested that the Town Moderator be contacted about the joint appointments to this committee. Library Board of Trustees: No Report - on summer hiatus MPO: No report - August meeting cancelled Planning Board: Ms. Bertram reported that this board met last evening and they reviewed the following: Site Plan review for 1259 Mass Ave (Glow Chiropractor) this remains ongoing • Emerald Place request for release of their bond and DPW Director did not recommend release of entire bond. He recommended release of $65K because of work that needs to continue at that project. Ms. Bertram mentioned that the ownership of Lakefront Avenue has never been resolved. In her opinion this roadway will be paved and will remain the property of the Town. • A building at Whites Woods ended up in the wrong place by 10" and they are requesting a waiver for a setback. They will review this with Town Counsel. • MRPC will be doing a storm water study on federal aid eligible roads and there will be some Lunenburg roads included • Tri Town Landing is starting their 4'" building Both Solar Sites are up and running • Master Planning/Economic Development draft has been received and the only board to reply to that is the Sewer Commission. They are looking for input for all boards and Ms. Bertram recommended that the BOS place this on a future agenda. The Charette has been scheduled for 8/14/2014 PACC: Ms. Speidel reported that two people had been interviewed and that she has tried to contact both to see if they were still interested. One responded and there are no talent bank forms received for any of the other openings. Mr. Alonzo reminded all who are interested to please fill out a talent bank form and return it to Town Hall. School Building Committee: Ms. Luck reported that this committee met last week where there was a first reading of 3 policies that are under review (CORI, Fingerprinting, School Lunch). All 3 policies will be posted on their website for comments A new Special Education Program was voted on and approved for the High School called Transitions. This program cost $132,892. and has been made affordable by 3 changes in collaborative placements. Schoo/ Committee: No Report - meets tomorrow evening Sewer Commission: Mr. Ebersole reported that this commission meets tonight and will be continuing discussions which were held at their 7/29/014 meeting including the following: • The sewer project is moving ahead and some residents on West St. are requesting inclusion as well. This will be looked at for • Work continues on infiltration/inflow There is a compliance problem with several restaurants in the town regarding grease traps • Updating of Sewer Commission policies continues 9. Town Manager Reports or Department Reports: Ms. Speidel presented the board with a request from the ABCC to sign a new Form 43 for Kabob-E-Licious. Ms. Speidel mentioned that the process of closing out FY2014 has been finished. A report will be submitted to the BOS within the next few weeks. It appears that there will be a decent amount of free cash and it is not expected that budget adjustments will need to be made for Fall Town Meeting. APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS .Reappointment: Renee Trakimas to Agricultural Commission (2017): Ms. Bertram mentioned that Ms. Trakimas had suggested in her re-appointment form that a web page would be helpful to the Agricultural Commission and Ms. Bertram would like the IT department to look into that. Ms. Bertram moved to re-appoint Renee Trakimas to the Agricultural Commission. Mr. Ebersole seconded. On vote, motion carried, 5 in favor 0 opposed 2. Reappointment: Amory Phelps to Historical Commission (2017): Ms. Bertram clarified that Ms. Phelps is the only person interested in this position besides the earlier appointment of Ms. Lewis. Ms. Bertram moved to re-appoint Amory Phelps to the Historical Commission. Mr. Ebersole seconded. On vote, motion carried, 5 in favor, 0 opposed 3. Reappointment: Richard Bursch to Conservation Commission (2017): Ms. Bertram spoke to say that she previously planned to recuse herself from the Conservation appointment votes and she will abstain this evening. Although she appreciates Mr. Bursch & Mr. Murphy's service to the Town, there are 3 other individuals who have submitted talent bank forms for this commission. Ms. Bertram the n disclosed that her son is one of the people who submitted a talent bank form. Ms. Bertram stated that she believes that just because you are on a body, does not necessarily mean you are the best person for that capacity. We have 3 other individuals, one of them being an Environmental Engineer, who have not been interviewed, and this would be a disservice to the Town. She believes that similar to the election process, the appointment process should be the same. Ms. Bertram then abstained from this vote. Mr. Ebersole agreed with Ms. Bertram and recommended that no vote be taken on these appointments, ask them to come in for an interview and schedule other appointments as well. Ms. Luck agreed with Mr. Ebersole Mr. Toale spoke of his concern with having an individual who has been serving on a board who wishes to remain, then removing them without any cause. Also of concern is the ability to attract more people to get involved. He would like to meet others who are interested if only to encourage them to participate on a different board. ===PAGE 5=== Mr. Alonzo spoke to say that we don't have a history of making people compete for a job that they already have. If somebody has served before, and did not have a good track record, we assume we would know about it. He supports the concept of incumbents filling out a re-appointment form but feels we may lose volunteers by making them vie for the same positions. He feels that on a "thin margin" he is against not making the re-appointments tonight. Mr. Ebersole mentioned that he feels that the information which was submitted on one individuals re-appointment form was not sufficient enough for him to support his re-appointment. If we don't have enough information we should hold longer interviews and he recommends that both re-appointment candidates be interviewed. Mr. Ebersole moved to invite all of the candidates for Conservation Commission, as well as the two candidates seeking re-appointment, for interview with the BOS to gather information. Ms. Luck seconded. Discussion: Mr. Alonzo asked for clarification if this would be a one-time thing or if this would be a standard practice moving forward. Mr. Ebersole replied that he did not have an answer for that, we would have to see how it goes, and look for feedback from Personnel Committee. On vote motion tailed, 2 in tavor, 2 opposed (Alonzo, Toale), 1 abstain (Bertram). Mr. Toale moved to appoint Richard Bursch to the Conservation Commission. Mr. Ebersole seconded. On vote, motion carried, 4 in favor, 0 opposed, 1 abstain (Bertram). BOS will schedule interviews with Mr. Murphy as well as the other candidates in order to gather more information. 4. Reappointment: Mark Murphy to Conservation Commission (2017): No action taken 5. Appointment: Lois Lewis to Historical Commission (2016): Completed under Current Business Item #1 6. Appointment: Rene Lafayette to Personnel Committee (2016): Completed under Current Business Item #1 PUBLIC COMMENT: None ADJOURNMENT: Being no further business Ms. Bertram moved to adjourn the meeting. Mr. Toale seconded. On vote, motion carried 5 in favor, 0 opposed. Meeting adjourned at 9:06PM UPCOMING MEETING SCHEDULE August 26, 2014 - Work Session Respectfully Submitte Susan Doherty, Recording Secretar Board of Selectmen ======================================================================================== DOCUMENT : 2014-08-26-agenda-4900.txt BOARD : select-board DATE : 2014-08-26 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-08-26-agenda-4900.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08262014-4900 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2014-09-02-agenda-4901.txt BOARD : select-board DATE : 2014-09-02 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-09-02-agenda-4901.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09022014-4901 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN September 2, 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 7:30 PM – Review Financial Policies, Mark Erickson, Chair, Finance Committee CURRENT BUSINESS 1. FY2015 Board & Committee Appointments & Reappoin tments-Interview Candidates & Review Request for Reappointment Forms; Make Board & Committee Appointments 2. Request to approve Voluntary Toll, Boys & Girls Club, October 4, 2014 3. Request to increase Ambulance Fees 4. Request Vote of Support to Increase MART Service in Lunenburg 5. Minutes/ Warrants/ Action File Issues 6. Committee Report: Board of Health; Building Reu se Committee; Capital Planning Committee; Finance Committee; Library Board of Trustees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission 7. Town Manager Reports or Department Reports APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS 1. Appoint: Vernon P. Beauvais, Reserve Police Off icer 2. Appoint: Jacob A. LaChance, Reserve Police Offi cer UPCOMING MEETING SCHEDULE September 9, 2014 September 16, 2014 September 23, 2014 ======================================================================================== DOCUMENT : 2014-09-02-minutes-4901.txt BOARD : select-board DATE : 2014-09-02 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-09-02-minutes-4901.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09022014-4901 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MEETING MINUTES 9/2/2014 The Board of Selectmen met in the Joseph F. Bilotta meeting room at Town Hall as scheduled with, Chair Tom Alonzo, Vice Chair Paula Bertram, Jamie Toale, Robert Ebersole, Phyllis Luck & Town Manager Kerry Speidel. Regular Meeting opened at 7:00PM 7:00PM PUBLIC COMMENT: Ms. Luck thanked the Lunenburg Ledger & the Fitchburg Sentinel for publishing stories issued by the Mass Department of Public Health & Lunenburg Board of Health concerning the ban of all water activities/use of Lake Shirley due to Ms. Luck also mentioned that the "Stop the Pipeline" Bolton committee is holding an informational meeting on 9/11/2014 and all are welcome to attend. Police Chief Marino thanked the Lake Shirley Association and Shady Point for their help with funding the lake patrol this year. He also mentioned that he had heard that some people who live on Lake Whalom believe that the Lunenburg Police do not have any jurisdiction on this lake, when in fact they do. Although they are not funded for this, they will patrol/enforce the boating laws on the lake if there are issues. He reminded the public to please report any suspicious activity to the police and said that they rely heavily on public input. Chief Marino introduced Officer Tocci along with the new K-9 dog "Jerry" to the BOS. Officer Tocci explained the dog's history, how his training will commence, and what his capabilities will be. Funding for the dog comes from local businesses/agencies outside of the Police Dept. and the dog will be kenneled at Officer Tocci's home. ANNOUNCEMENTS: Zoning Board of Appeals will be holding a Public Hearing concerning the Stone Farm property on 9/20/2014 @7PM • The event called "Worcester Revolution of 1774" will be held on 9/7/2014 on N. Main St in Worcester @ 4PM • The Lunenburg Farmer's Market is being held on Sundays up until the end of October APPOINTMENTS 7:30 PM Review Financial Policies, Mark Erickson, Chair, Finance Committee: Mark Ericson, Chairperson of the Finance Committee (FinCom) came before the board and gave a brief synopsis of how the FinCom developed the Financial Policies and to formerly present them to the Town. FinCom voted at their 8/22/2014 meeting to approve the financial policies for presentation to the Policies included reviews on the following: 1. Stabilization Fund and General Reserve Account Definition and Purpose a. Definition & Purpose b. Stabilization Fund Policy/Guidelines General Reserve Account (Fund) *Bond rating agencies rate our Town more favorably if we maintain a health alance in the stabilization fund and other reserve type accounts, and adhere to the financial policies we hav established 2. Free Cash a. Free Cash, Definition, Process of Establishing b. Provided monies from these three sources are neither encumbered nor reserved, they comprise the Town's undesignated fund balance at the end of the previous fiscal year c. Priorities for Applying Free Cash d. Because Free Cash is non-recurring revenue, it should not be used to fund any personnel, program, or initiative that would require expenditures in subsequent fiscal years 3. Capital Projects a. Capital Projects Definition, criteria Capital Plan Acquisitions & Expenditures 4. Financing Large Capital Projects a. Approval by the BOS by two-thirds vote b. Approval by two-thirds vote at Town Meeting C. Approval by a simple majority of a town vote at the ballot 5. When the Town finances purchases of capital assets through borrowing, the term of borrowing should not exceed the anticipated useful life of the capital asset. 6. The capital Planning Process 7. Regular Borrowing, Debt Burden a. Regular Borrowing, Definition & Purposes ===PAGE 2=== b. Limitations & Terms C. Process & Borrowing to Pay for emergencies Discussion: Mr. Ebersole thanked the FinCom and pointed out that there were several "Shoulds" within the policies which allows Town Meeting the opportunity to do something different then what is recommended. He mentioned that the Charter provides for capital plan on a 5 year period, but the need for a 10-20 year plan would identify future needs and perhaps in the future they could develop language to address that. Mr. Ericson commented to say that the FinCom was very careful where they used "Should" vs. "Shall" within these policies. Ms. Luck complimented the FinCom on the readability of this document. Mr. Toale moved to adopt and approve the Financial Policies recommended by the Finance Committee. Ms. Bertram seconded Discussion: Mr. Alonzo thanked the FinCom for the work that they did and echoed Ms. Luck's compliment regarding the readability of the document. He also questioned how the FinCom came to the $10,000 figure regarding capital projects. Mr. Ericson replied that they had done research through some multimillion dollar private sector companies where their limits would be as low as $5,000. Ms. Speidel commented to say that with the capital project section of the policies the committee was looking to document what's happening now as much as what should happen. We have departments that have such small budgets and people key in on the percent increase from one year to another. Any increase from year to year stands out and that's why we call it out separate. John Henshaw, FinCom member, spoke to say that the FinCom revisits each year policies/guidelines which change every time the Towns financial situation changes. Mr. Ebersole stated that he supports this but to be prepared that at some Town Meeting in the future, someone may try to appropriate "Free Cash" to supplement a budget and he will be voting against it. He hopes that this document is publicized on the website to educate the voter. On vote, motion carried, 5 in favor, 0 opposed. CURRENT BUSINESS 1. FY2015 Board & Committee Appointments & Reappointments-Interview Candidates & Review: Caroline Griffis, 31 Spring St., came before the board to be interviewed for appointment to the Council on Aging. Ms. Griffis explained to the board that she had attended a COA meeting and thought they had a lot of projects that they need help with and that she has 30 years worth of management experience. Mr. Alonzo thanked Ms. Griffis for coming forward and explained that there are 4 vacancies with 5 candidates on the COA board. He asked if she perhaps may be interested in a position on the FinCom, which has 3 vacancies. Ms. Griffis replied that she has a lot of experience in finances/budgeting and that the BOS could consider her for both committees. Mr. Alonzo mentioned that there is a different screening committee for the FinCom and the BOS will put Ms. Griffis name forward to them. Ms. Speidel updated the BOS with current vacancies on committee's as follows: Conservation - Mark Murphy has submitted a re-appointment form and should be called for an interview along with the other 2 candidates who have shown interest. Council on Aging - There are 4 vacancies, 5 candidates interested in appointment, & all have been interviewed. Historical Commission - Damon McQuaid is not seeking re-appointment and there are no talent bank forms on file. PACC - This is a 5 member board, there are 4 vacancies which include 1 member not seeking reappointment. There are 3 talent bank forms on file. Two of the 3 candidates have been interviewed. Ms. Speidel also noted that 1 of the 3 had checked off multiple boards/commission that they would be interested in and PACC was at #4 and FinCom was #2. You cannot serve on another committee/board if you serve on the FinCom. Registrar of Voters - Karen Kemp has submitted a request for re-appointment form. Mr. Alonzo requested that the Town Manager contact the Town Moderator to begin the process of a screening committee for the FinCom. Ms. Speidel suggested that the appointments to the Council on Aging and the PACC could be made at this time. Mr. Ebersole moved to appoint Jacquelyn Dwyer, Sarah Grant, Cheryl Moisan, and Diane Nowd to the Council on Aging. Ms. Bertram seconded. Discussion: Mr. Ebersole would like to see the other candidate (Ms. Griffis) be considered for a position on the FinCom. Board members were in favor of Mr. Ebersole's suggestion. On vote, motion carried, 5 in favor, 0 opposed. Mr. Toale commented to say that he would like to get the PACC up and running but was concerned about appointing people who may change their minds which would become a quorum issue once again. After due diligent discussion the BOS decided to postpone appointments to the PACC until such time that talent bank candidates have been contacted to see if they are still interested in appointment. Ms. Speidel mentioned that due to the level of expertise you must have to serve as the Dam Keepers and the Clock Winders she did not send re-appointment forms to them. Mr. Ebersole mentioned that he has had people express interest in the Clock Winder appointments and asked how many are appointed. ===PAGE 3=== Mr. Alonzo replied that this is informally done, there are 6 clock winders, and that it would be good to get new people to train for that task. Currently each winder takes turns every 2 months and the clock is wound once a week. Mr. Ebersole mentioned that the Registrar of Voters is part of the Election Officials discussion and that the appointment switches between political parties. Ms. Speidel will check into this further and this appointment can be taken up at next week's BOS meeting. Mr. Alonzo updated the status of appointments that still need to be made as follows: Conservation Commission - Interviews to be done at next week's BOS meeting. Historical Commission - There will be 1 vacancy due to a member not seeking re-appointment. We need talent bank forms from people who are interested in this commission. PACC - Anyone who has submitted a talent bank form or if they have been interviewed prior will be contacted again to confirm that they are still interested in appointment. Registrar of Voters - Ms. Speidel will check into the appointment process. 2. Request to approve Voluntary Toll, Boys & Girls Club, October 4, 2014: Marcy Foreman, representing the Lunenburg Boys and Girls Club came before the board to request permission to conduct a voluntary toll on 10/4/2014 in Lunenburg Center and at the Whalom Rd/Electric Ave intersections from 9AM - 12 Noon. All participants will be over the age of 18 and will wear reflective vests. At this time Mr. Alonzo disclosed that he is a Boys & Girls Club member. Mr. Ebersole moved to approve the voluntary toll as requested. Ms. Bertram seconded. On vote, motion carried, 5 in favor, 0 opposed. 3. Request to increase Ambulance Fees: To be discussed at a future BOS meeting 4. Request Vote of Support to Increase MART Service in Lunenburg: Ms. Luck reported that she had become the MART (Montachusett Area Regional Transit) representative in July. She has had discussions with the Director of the COA, Doreen Noble, about what her constituents transportation needs may be. Ms. Noble had indicated to her that a bus currently stops at Walmart and it would be beneficial for that bus to continue its route to the town center. Ms. Luck had met with MART officials and they told her that in order to get a quote of what the cost would be to continue the bus route to the center of town, a vote would be needed from the BOS. Once MART receives confirmation of the BOS vote, MART will be meeting in October and they will vote on the request then. MART mentioned that the Town is charged approximately $66K through the transportation fund, $33K of that goes to MART & another $32K goes to the MBTA (Mass Bay Transit Authority). According to M.G.L. - Section 9, the MBTA assessment can be used for local service if a town is a member of a regional transit authority. Mis. Luck believes that the Town could move monies being paid to the MBTA over to MART. If we can keep our expenses with MART under $33K it should not cost the Town any extra money. Ms. Luck had developed a scenario of what the approximate costs would be as follows: Monday - Friday Route $$ /year # Of @15 min/trip Cost/day @ Cost/year TOTAL ANNUAL COST Trips/Day $80/hour 250 service days/year 6 DAY/WEEK 6 90 Min $120 $30,000 $30,000 Saturday Route $$/year #Of @15 min/trip Trips/Day Cost/day @ $80/hour 2 30 Min $40 Cost/year 50 service days/year $2,000 $2,000 $32,000 MASS. Dept. Revenue Estimated Charges for FY2014 TRANSPORTATION AUTHORITIES MBTA $32,028 MART $33,985 Total $66,013 Mass. Dept. Revenue Estimated charges IF additional service to Lunenburg Center realized $28 $65,985 ($33,985 + $32,000) $66,013 *NOTE Whatever we pay for Regional Transit Reduces what we pay to MART *According to Mr. Kahn, MART Representative, State/Federal grants could be obtained to reduce the figure of $80 once the Town asks for an official quote. Mr. Alonzo mentioned that they had received 2 emails from disabled citizens who have jobs but have no way to get to them. He recommended that either Ms. Luck or Ms. Speidel contact them to ask if this service would be beneficial to them and stated that this service would benefit many other citizens of Lunenburg. After due diligent discussion board members thanked Ms. Luck for this information and encouraged the public to submit their thoughts on this issue. BOS will not vote on a quote of support until more information has been gathered. 5. Minutes/Warrants/Contracts Minutes: 7/1/2014 Warrants: 9/2/2014 9/3/2014 W#15-15 $162,733.47 $319,148.50 Action File Issues: Mr. Ebersole reminded the board that they should resume work on the BOS/Town Manager's Goals. ===PAGE 4=== Mr. Ebersole mentioned that a proposed Charter Elementary School had been rejected in the city of Fitchburg and they are now looking at surrounding communities to establish one. He would like to meet with the School Superintendent to discuss what the impact would be on the Town. 6. Committee Report: Board of Health; Building Reuse Committee; Capital Planning Committee; Finance Committee; Library Board of rustees; MPO; Planning Board; PACC: School Committee; School Building Committee; Sewer Commission: Board of Health: No Report Building Reuse Committee: No Report Capital Planning Committee: No Report Finance Committee: Reported early at this evenings meeting Library Board of Trustees: No report but will meet later this month MPO: Ms. Bertram reported that the Summer St. project is scheduled for the "2017" TIP (Transportation Improvement Program) and funding will come from various sources such as CMAQ (Congestion Mitigation Air Quality Improvement Program), TAP (Transportation Alternative Program), and the Safety Improvement Program. MassDOT (Massachusetts Dept. of Transportation) is questioning this project's eligibility for the HSIP (Highway Safety Improvement Program) funds which currently stand at $445,955.00. They are requesting that crash data be obtained through the Lunenburg Police Dept. She reminded all that the TIP was approved through the MPO based on the projects funding sources and if it is determined that it is not eligible for HSIP funds, potentially a portion of the project may have to be dropped off because we will exceed the total target funds for the region. Planning Board: No Report PACC: No Report School Committee: Ms. Luck reported that this committee will meet tomorrow evening and will have a second reading of their policies regarding CORI (Criminal Offender Record Information), finger printing, & school lunch accounts. They will also be reviewing their service animals in schools policy. Ms. Luck mentioned that the School Superintendent had spoken to MSBA's (Mass School Building Association) legal counsel regarding the Passios Building property transfer and has provided them with the information which was requested. The Superintendent has requested a follow up phone conference regarding this matter with MSBA for later this week. The reason for contacting MSBA was to ask if the school needed to retain the property in case they needed something later on. School Building Committee: Mr. Alonzo reported that there will be an abutters meeting on 9/4/2014 at 6:00PM at the Passios Building which will focus on landscaping, all other interested parties are also welcome to attend. Bi-weekly updates on the project are being published in various media outlets. Sewer Commission: Mr. Ebersole reported that this commission continues work on their policies along with the implementation of the IMA (Inter Municipal Agreement) with Fitchburg, most specifically with the inflow/infiltration of water into the system. They also continue to investigate illegally connected sump pumps to the system and focusing on grease trap cleanings. 7. Town Manager Reports or Department Reports: Ms. Speidel updated the board concerning the Municipal Electric Aggregation Program. The Town is in a contract now through 11/30/2014 at the rate of 7.7 cents per KW hr which is lower than the basic service rate provided by Unitil. Ms. Speidel met with the consultants who are responsible for the bidding and they have advised that this next 6 month period rates are expected to be significantly higher, possibly doubled. We have the opportunity now to go out to bid at this time to obtain a "blended rate" over a 12 month period of time. Ms.Speidel would like to have the consultants come to the next BOS meeting to report on this issue. Ms. Speidel presented the board with another Form 43 from the ABCC (Alcohol Beverage Control Commission) for signage for Ka-Bob-Elicious. APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS 1. Appoint: Vernon P. Beauvais, Reserve Police Officer 2. Appoint: Jacob A. LaChance, Reserve Police Officer Chief Marino introduced both candidates, Vernon P. Beauvais & Jacob A. LaChance, for Reserve Police Officers and gave a brief description of each applicant's education and work experience. oth candidates were present and spoke to the board briefly about their work/education experience Ar. Alonzo thanked both candidates for coming forward and thanked Chief Marino on his efforts of bringing forward qualified applicants Ms. Bertram moved to ratify the positions of Vernon P. Beauvais and Jacob A. LaChance to Reserve Police Officer. Mr. Toale seconded. On vote, motion carried, 5 in favor, 0 opposed. PUBLIC COMMENT: Ms. Bertram stated that she is concerned with the actions of the School Department concerning the property transfer of the Passios Building. Mr. Alonzo will research this with the School Building Committee. ADJOURNMENT: Being no further business Ms. Bertram moved to adjourn the meeting. Mr. Toale seconded. On vote, motion carried 5 in favor, 0 opposed. Meeting adjourned at 8:35PM UPCOMING MEETING SCHEDULE September 9, 2014 September 16, 2014 September 23, 2014 Respectfully Submitted, Susan Doherty, Recording Secretary Board of Selectmen ======================================================================================== DOCUMENT : 2014-09-09-agenda-4902.txt BOARD : select-board DATE : 2014-09-09 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-09-09-agenda-4902.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09092014-4902 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN September 9, 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 APPOINTMENTS 7:00 PM – Joint Meeting with Planning Board to cons ider ratification of Town Manager’s appointment of Land Use Director 7:30 PM – Hearing on Alcoholic Beverages License #0 63600031, JK Waterfront d/b/a On the Rocks, 96 Lakefront Avenue, for alleged violation of 204 CMR §2.01 (2), [permitting any disorder, disturbance or illegality of any kind in or on the licensed premises]; Section 1.04 (a) of the License Regulations of the Lunenburg License 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]. CURRENT BUSINESS 1. Update on Municipal Electric Aggregation Plan, C olonial Power Group 2. FY2015 Board & Committee Appointments & Reappoin tments-Interview Candidates & Review Request for Reappointment Forms; Make Board & Committee Appointments 3. Request to Change Hours of Operation, KJ Waterfr ont d/b/a Embers Pizzeria, 84 Lakefront Avenue 4. Reestablishment of ADA Committee 5. Minutes/ Warrants/ Action File Issues 6. Committee Report: Board of Health; Building Reu se Committee; Capital Planning Committee; Finance Committee; Library Board of Trustees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission 7. Town Manager Reports or Department Reports APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS 1. Ratify Appointment: Adam R. Burney to position of Land Use Director UPCOMING MEETING SCHEDULE September 16, 2014 September 23, 2014 ===PAGE 2=== ======================================================================================== DOCUMENT : 2014-09-09-minutes-4902.txt BOARD : select-board DATE : 2014-09-09 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-09-09-minutes-4902.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09092014-4902 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MEETING MINUTES 9/9/2014 The Board of Selectmen met in the Joseph F. Bilotta meeting room at Town Hall as scheduled with Vice Chair Paula Bertram, Jamie Toale, Robert Ebersole, Phyllis Luck & Town Manager Kerry Speidel. Absent was Chairperson Tom Alonzo Regular Meeting opened at 7:00PM 7:00PM PUBLIC COMMENT: Ms. Luck mentioned that there will be a meeting of "Stop the Pipeline" in Bolton this coming Thursday. Ms. Luck reminded all of the Lunenburg Turkey Hill Family Lions Club Pancake Breakfast to be held in the morning at the senior center. Ms. Luck mentioned that she had gone to the Lunenburg Farmer's Market and thought it was great. Ms. Luck thanked the LSIC (Lake Shirley Improvement Committee) for their continuous posting/updates regarding the water issues at Lake Shirley. The lake continues to be tested weekly and the last test showed that the bacteria count is now at 410,000 parts per milliliter, which is not good, and it is still imperative to avoid contact with the water in the lake. Lion's also prepare food baskets at Thanksgiving for those who are in need. Ms. Bertram thanked Mr. Rodgers and Mr. Berthiaume for all of their efforts with this cause. ANNOUNCEMENTS: None APPOINTMENTS 7:00 PM Joint meeting with Planning Board to consider ratification of Town Manager's appointment of Land Use Director: The Planning Board opened their joint meeting with the BOS and present were Joanna Bilotta Simeone, Ken Chenis, & Nathan Lockwood. Ms. Speidel stated that the request before both boards this evening is to ratify the Town Manager's appointment of Adam R. Burney to Land Use Director. She gave a synopsis of the search process and how this position was developed. If approved, this appointment will become effective on 9/19/2014. Ms. Bilotta Simeone spoke and thanked all who had applied and said that she was very excited about this appointment. Mr. Toale moved to ratify the Town Manager's appointment of Adam R. Burney to the Land Use Director position. Mr. Ebersole seconded. On vote, motion carried, 7 in favor, 0 opposed Mr. Burney spoke to thank everyone for the appointment and stated that he is thrilled to be here. 7:30PM Hearing on Alcoholic Beverages License #063600031, JK Waterfront d/b/a On the Rocks, 96 Lakefront Avenue, for alleged violation of 204 CMR §2.01 (2), [permitting any disorder, disturbance or illegality of any kind in or on the licensed premises]; Section 1.04 (a) of the License Regulations of the Lunenburg License 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]. Ms. Bertram read the hearing notice into record and all parties, Officer Ayles, Ken Ricker, and Sarah Henry were duly sworn in. Officer Ayles testified that on Saturday May 31, 2014 at approximately 2:20AM he observed lights on in the establishment and saw 2 males seated at the bar and a female cleaning behind the bar. He also observed what appeared to be a beer bottle on the counter in front of one of the males. Officer Ayles was allowed entrance to the establishment by the doorman and as he entered he observed the second male party push the bottle from in front of him, to the back side of the bar top and moved a Keno ticket holder in front of it in an attempt to hide it. Officer Ayles questioned the person who identified himself as Kevin Sullivan and as an employee of the establishment. Mr. Sullivan said that he had just finished work and was having his first beer of the night. Officer Ayles stated that Mr. Sullivan's smelled strongly of alcohol, his eyes were bloodshot, and he was speaking in an argumentative manner with him. Officer Ayles asked the female (bartender) if she knew there was a person there still consuming alcohol and after hesitating admitted that she knew he was there and drinking a beer. Officer Ayles advised Mr. Sullivan that he would be filing a report and told the bartender to remove the bottle, finish cleaning, and make sure they exit the building as soon as they were done. Mr. Ricker testified that there are cameras in this establishment and according to the cameras it was 2:02AM. He confirmed that Kevin Sullivan & Sarah Henry were working that evening and according to the cameras they had everyone out of the building by 1:40AM, which is the time that clean up began and usually ends between 2-2:30AM. He stated that it is not uncommon for employees to have an "after work" beer when all customers have left and according to the cameras it was 2-2:02AM and Mr. Sullivan still had a beer. He said that Mr. Sullivan and Ms. Henry called him immediately after the incident and that Ms. Henry had told him that Mr. Sullivan was not drinking during working hours. Mr. Ricker then said that the cameras were on Mr. Sullivan while he was working the door and did not show that he was drinking. ===PAGE 2=== Ms. Luck mentioned that employees are not allowed to drink on the premises while they are working and Mr. Sullivan was there as an employee and not as a patron. She also reminded Mr. Ricker that he had previously mentioned that the employees have a beer after work and she stated that regulations state that you cannot do that and it is illegal to do so. Mr. Ricker stated that he was not aware of that. Ms. Bertram spoke to clarify the regulation which states "No manager or employee shall consume any alcoholic beverages while on the licensed premises while on duty or after the official closing hour". Mr. Ricker replied that he understands and if that is the case they will not be doing it anymore. Ms. Bertram pointed out that this is the first time Mr. Ricker has been before the BOS but there have been two additional actions against this establishment by the ABCC (Alcohol Beverages Control Commission) in the past. Ms. Bertram asked if there were any other statements or discussions that anyone would like to bring forth. There was no more discussion. Mr. Ebersole moved to close the hearing at 7:50PM. Mr. Toale seconded. On vote, motion carried, 4 in favor, 0 opposed. Discussion for the purpose of deliberation was then opened to the board. Ms. Bertram reviewed the Town's Regulations recommendations of discipline which may be applied if the board so chooses as follows: 1. First offense warning to 7 days suspension 2. 3. Second offense warning to 21 days suspension Third offense warning to revocation Only offenses which have occurred within the 2 years preceding the date of violation shall be used in calculating the number of offenses for purposes of the sentencing guidelines. The sentencing guidelines are only a guide. The licensing authority may use its discretion in determining on whether the facts surrounding a violation warrant a penalty which is more lenient or severe than that suggested by the guidelines. The sentencing guidelines shall not be construed so as to limit the licensing authority's authority to consider alternative dispositions or further conditions on a license or even alternate penalties (I.e. roll back of operating hours). After due diligent discussion among the board members concerning past offenses with the ABCC it was determined that a warning and employee training on the rules and regulations regarding this license was sufficient. Mr. Ebersole moved that the Board of Selectmen issue a warning to JK Waterfront, Inc., d/b/a "On the Rocks" and ask that the license holder provide training to the employees, then report back to the Board of Selectmen when completed. Mr. Toale seconded. Discussion: Ms. Bertram commented to say that she agrees with the motion but wants to make clear that if there is a second offense she would look for a minimum of a 2 day suspension. On vote, motion carried, 4 in favor, 0 opposed. Ms. Speidel requested that the board, as the licensing commission, direct her to send a letter to all of the license holders reminding them of the local regulations. Mr. Toale moved to authorize the Town Manager's request. Ms. Luck seconded. On vote, motion carried, 4 in favor, 0 opposed. CURRENT BUSINESS 1. Update on Municipal Electric Aggregation Plan, Colonial Power Group: Brian Murphy, representative from the Colonial Power Group came before the board to give an update concerning the municipal aggregation plan. He explained that there will be large rate hikes coming this winter and they recommend that the Town execute a 1 year contract which would mitigate the increase. Mr. Murphy expects the increases to be somewhere above .13 cents per kilowatt hour. Currently the market is so volatile that prices change constantly daily. We are working with the Town Manager to try to get the best rate for the residents. Ms. Bertram questioned how the residents will know what our rate would be vs. what Unitil's would be. Mr. Murphy replied that he Town's rate will be on their bill but the consumer will need investigate, on their own, what Unitil's rate will be. Mr. Murphy believes that the rate that Colonial Power will bring will be substantially less than what the utility will bring. Ms. Bertram stated that the consumer could opt out at anytime but asked if they could opt in at anytime also. Mr. Murphy replied that consumers who made an affirmative choice not to participate in the program may petition the supplier to join it and usually the request is never denied no same me proving at morator concern to ales and ones it is an it. consumers through various media outlets and postings at public buildings. 2. FY2015 Board & Committee Appointments & Reappointments-Interview Candidates & Review Request for Reappointment Forms; Make Board & Committee Appointments: Ms. Bertram disclosed that one of the candidates for appointment to the Conservation Commission is her son and she recused herself from the Conservation appointment procedure. She then turned the meeting over to Jamie Toale, Clerk, to preside over the meeting during her absence. She then left the meeting room during the interviews. Mark Murphy, candidate for Conservation Commission re-appointment, came before the board and gave a history of his education and work experience which included his past with civil engineering and current employment with Raytheon Mr. Ebersole mentioned that the Conservation Commission has spoken of updating their rules and regulations and asked Mr. Murphy if he had any thoughts on what areas they should specifically work on Mr. Murphy replied that this commission has recently updated certain things such as fees. They meet monthly and discuss many different items that could be updated. Tom Bertram, candidate for Conservation Commission appointment, came before the board and gave a history of his education/work experience which included his passion for outdoor activities, interest in conservation issues and his eagerness to serve the community. Mr. Ebersole asked Mr. Bertram if there was anything he could see that the commission could do to improve its operations. Mr. Bertram replied that he thinks that this commission is doing a good job especially with land acquisition for preservation. ===PAGE 3=== Sheila Holt, candidate for the Conservation Commission came before the board and gave a history of her education and work experience as an environmental engineer and with storm water management. Mr. Ebersole asked Ms. Holt if she has had the opportunity to observe the commission and if she had any recommendations on how they could improve Ms. Holt replied that she has not had the opportunity to see the commission work. Mr. Toale thanked all 3 candidates for coming forward and mentioned the fact that they have more candidates than vacancies on this commission. Discussion: Mr. Ebersole stated that although all 3 candidates are good ones he was concerned that Ms. Holt has not had any interaction with the Conservation Commission and would like to see her involved with the storm water issues. We are in a situation where we have more than one qualified candidate. Giving credit to being on the commission as well as looking at what new things people would be doing, at this point he is leaning towards Mr. Bertram with his recommended actions for some of the items he has talked about that he has done. Ms. Luck stated that she agrees with Mr. Ebersole. Mr. Toale stated that in regards to experience and asking people who are currently on the board to express their interest in reappointment, he had not heard anything that would make me think that Mr. Murphy wouldn't be a reasonable re-appointment and he would like for the BOS to consider that. He asked all 3 candidates to consider other opportunities that may exist in the town. what skills we need in the committee and asked if comments had been received from the Conservation Committee. Ms. Speidel replied no. Mr. Ebersole moved to appoint Thomas Bertram to the Conservation Commission. Ms. Luck seconded. On vote, motion carried, 2 in favor, 1 opposed (Toale). Mr. Ebersole thanked Mr. Murphy for his service on the Conservation Commission and stated that he hoped he would consider serving on another commission. Ms. Bertram returned to the meeting room and resumed presiding over the meeting. Ms. Bertram stated that there are 2 candidates for the PACC, Jeffrey Bajko and Steven Walker, for terms that will expire in 2017. Ms. Speidel mentioned that with these 2 appointments, there would still be 2 vacancies remaining on the PACC. Mr. Toale spoke to say that he remains concerned with quorum issues with the PACC. see if the interest is still there. Mr. Ebersole moved to appoint Jeffrey Bajko and Steven Walker to the Public Access Cable Committee. Ms. Luck seconded. On vote, motion carried, 4 in favor, 0 opposed 3. Request to Change Hours of Operation, KJ Waterfront d/b/a Embers Pizzeria, 84 Lakefront Avenue: Mr. Ricker spoke to say that he had requested a change of hours for both of his establishments, Embers Pizzeria & On the Rocks. Ms. Speidel replied that the only request received was for Embers Pizzeria and the request for On the Rocks would need to be placed on another agenda. Ms. Bertram informed Mr. Ricker that the board can only take action on what's on the agenda, but he could give an overview of what he is asking for and would not need to attend the other meeting. Mr. Ricker explained that they have been receiving requests from the public to hold functions/fundraisers at his establishments that would begin before noon. He would like to have his hours increased at both establishments from 8AM - Closing, 7 days per week, saying that there will be a motorcycle run registration event to be held at Embers this coming Sunday. Ms. Bertram stated that there is no written request from Mr. Ricker but rather a verbal request. She suggested that the BOS make a ruling for the upcoming event this Sunday and then take this issue up again after the board has reviewed Mr. Ricker's specific request along with the rules and regulations. Mr. Ricker voiced his frustration over the paperwork process involved and would like to have all proper information given to him on how to apply when he makes the initial request. Mr. Ebersole spoke to say that he would like to look at the process of how to legally change the license, review the rules & regulations, and inform the abutters of the establishment that the hours will be changed. He suggested that the board approve, for this Sunday only, an earlier license, similar to a one day beer & wine license. 8AM Monday-Saturday. Mr. Ebersole moved to approve the change of hours for KJ Waterfront d/b/a Embers Pizzeria, 84 Lakefront Avenue to 8AM for Sunday September 14, 2014. Ms. Luck seconded. On vote, motion carried, 4 in favor, 0 opposed Ms. Bertram requested to Mr. Ricker that he submit a letter to the BOS specifically stating what it is that he is looking for at both establishments and that the letter would be the application. The BOS will be reviewing the Mass General laws and rules & regulations concerning this issue further and this will be tabled to a future BOS meeting. Ebersole would like to reestablish this committee and would be willing to serve on it. He would also like to see the 2 at large members be comprised of a person with an active disability and a person from the senior citizen population. Ms. Speidel mentioned that the ADA Committee has not been in existence since she has been here and after research she has found that this has transformed from being a "committee" to being a "coordinator". There is a staff member who is the coordinator but currently deals more with employment issues. The ADA was updated in "2009" and we could put forth an amendment at the next Town Meeting so that the charge matches what you want the committee to do. ===PAGE 4=== Mr. Ebersole said that he will review the updated ADA act to prepare for Town Meeting and urged anyone who is interested in working on this to fill out a talent bank form. 5. Minutes/Warrants/Contracts Minutes: 7/8/2014 Warrants: 9/9/2014 W#16-15 $400,009.61 9/9/2014 W#17-15 $507,313.11 9/11/2014 W#6P-15 $665,194.11 Action File Issues: Ms. Bertram read an announcement stating that Representative Benson has been invited to a home owners meeting concerning the propose Pipe Line on 9/24/2014 at 7PM at the Pepperell Senior Center. • and or trustes MO; Profia Board: PACE Resol Committee Schooling Commer me inn oare or rustees: i Board of Health: No Report Building Reuse Committee: Next meeting will be held on 9/16/2014 Capital Planning Committee: Mr. Toale reported that this committee is preparing for next years Capital Planning process and will begin again in September or October. Finance Committee: No Report Library Board of Trustees: This committee will be meeting next week. MPO: Tomorrow's meeting has been cancelled until October. Ms. Speidel will confirm with the Police Chief that the requested crash data will be sent to George Snow at MRC (Montachusett Regional Planning Commission) Planning Board: Ms. Bertram reported recent activities/discussions with this board which included the following: Highfield Village received another extension to 11/24/2014 • 909 Mass Ave is looking for a sign approval • White Woods 10" modification request • Emerald Place construction update • Glow Chiropractor Findings & Directives have been endorsed • There will be an Economic Development meeting on 10/20/2014 that the BOS are invited to • There will be a Village Bylaw workshop on 9/15/2014 • The Housing Production Plan is in draft format and is under review • Stonefarm ZBA hearing/development plan review • Scenic Road and Parking Bylaw reviews PACC: No Report School Committee: Ms. Luck reported that at the 9/3/2014 meeting this committee discussed the following: Enrollment figures for the school year There will be a School Policy Committee meeting on 9/11/2014 Superintendent goals which included personal computer devices for students School Building Committee: Ms. Luck reported that there was a landscape meeting last Thursday with approximately 6 abutters in attendance. 1r. Ebersole added that they announced that there will be a contact person on site to address any questions that may aris his committee will meet again tomorrow evening at 6:30PN Sewer Commission: No Report 7. Town Manager Reports or Department Reports: Ms. Speidel presented a Form 43 from the ABCC to be signed for Ka Bob A Licious. APPOINTMENTS/ RE-APPOINTMENTS/ RES/GNATIONS 1. Ratify Appointment: Adam R. Burney to position of Land Use Director: Completed under 7PM appointment PUBLIC COMMENT: Mr. Ebersole asked in regards to the liquor license hearing which was held earlier, when the ABCC takes action he would like it to be brought to the attention of the BOS. Ana Lockwood, 91 Main St., came before the board to voice her concerns with the intersections/crosswalk at Main St., Oak Ave, and Highland St.. She believes that the traffic coming from Highland St. poses the biggest safety problem and would like the Town to get an action plan in place such as a traffic study to take care of this problem. Ms. Bertram concurred with Ms. Lockwood and would like to put this on a future agenda and discuss this with the Chief of Police and Highway Director. Ms. Speidel replied that the Chief of Police has put forward a request for a stop sign at that area. We are also reviewing our traffic rules and orders and this was being held so it could be brought forward to the BOS at the same time. Ms. Bertram stated that she would like not to wait for the traffic rules and regulations and would like to try to move forward with some kind of solution due to the higher foot traffic from students due to the construction of the new school. Mr. Ebersole stated that he believes that the biggest issue is with speed and visibility and would like to ask the school about the possibility of installing some type of walkway. Mr. Toale would like to see the Town Manager bring this to the board as an entire package. ADJOURNMENT: Being no further business Mr. Toale moved to adjourn the meeting. Mr. Ebersole seconded. On vote, motion carried 4 in favor, 0 opposed. ===PAGE 5=== Meeting adjourned at 9:05PM UPCOMING MEETING SCHEDULE September 16, 2014 September 23, 2014 Respectfully Submitted, Susan Doherty, Recording Secretary Board of Selectmen ======================================================================================== DOCUMENT : 2014-09-16-agenda-4903.txt BOARD : select-board DATE : 2014-09-16 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2014-09-16-agenda-4903.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09162014-4903 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN September 16, 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 7:00 PM – Joint Meeting with Lunenburg Housing Authority to appoint Paul Doherty to fill the unexpired term in accordance with Section 3-1(f) of the Town Charter 7:15 PM – Update on Hazard Mitigation Plan, Sam Law ton, MRPC CURRENT BUSINESS 1. Request to Increase Ambulance Fees 2. FY14 Budget Year End Report; Request to Approve Chatper 44 §33B Transfer 3. FY2015 BOS Goals; FY2015 Town Manager Goals 4. FY2015 Board & Committee Appointments & Reappoin tments-Interview Candidates & Review Request for Reappointment Forms; Make Board & Committee Appointments 5. Minutes/ Warrants/ Action File Issues 6. Committee Report: Board of Health; Building Reu se Committee; Capital Planning Committee; Finance Committee; Library Board of Trustees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission 7. Town Manager Reports or Department Reports: • Update on review of intersection: Main, Highland & Oak and Flat Hill Road & Sunset Lane; Request for Approval of Stop Sign Placement • Update on Building Permit Issue, 78 Oak Avenue APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS 1. Appointments: Dam Keeper; Assistant Dam Keeper; Town Counsel; Clockwinders UPCOMING MEETING SCHEDULE September 23, 2014 October 7, 2014 October 14, 2014 October 21, 2014