# 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 : 2015-04-21-agenda-4925.txt BOARD : select-board DATE : 2015-04-21 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-04-21-agenda-4925.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04212015-4925 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN April 21, 2015 6:00 PM – Town Hall Bilotta Meeting Room, Second Floor AGENDA In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. 6:00 PM Executive Session- Chapter 30A, § 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 7:00 PM PUBLIC COMMENT ANNOUNCEMENTS APPOINTMENTS 7:00 PM B & H Corporation d.b.a. Mickey Shea’s Liquor Violation Hearing CURRENT BUSINESS 1. Discussion/Review of Annual Town Meeting Warrant Articles 2. Announce settlement of DPWemployee collective bargaining agreement 3. Minutes/ Warrants/ Action File Issues 4. Committee Report: Board of Health; Building Reuse Committee; Capital Planning Committee; Finance Committee; Library Board of Trustees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission 5. Town Manager Reports or Department Reports:  Q3 Financial Reports  Power Management Co, LLC- Solar INTERVIEWS/ APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS UPCOMING MEETING SCHEDULE May 2, 2015 Annual Town Meeting May 5, 2015 May 12, 2015 May 19, 2015 ======================================================================================== DOCUMENT : 2015-04-21-minutes-4925.txt BOARD : select-board DATE : 2015-04-21 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-04-21-minutes-4925.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04212015-4925 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MEETING MINUTES April 21, 2015 The Board of Selectmen met in the Joseph F. Bilotta Meeting Room, Town Hall, as scheduled with Thomas Alonzo, Chair; Paula Bertram, Vice Chair; Jamie Toale, Clerk, Robert Ebersole, Phyllis Luck and Town Manager Kerry Speidel present. The meeting opened at 6:00 PM Chair Alonzo announced the Board would be entering Executive Session for the following reason: Mr. Alonzo called the meeting to order at 6:00 p.m. and read the following: Under Executive Session, Chapter 30A, § 21A (9), the Board shall 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. Motion: P. Bertam 2°°: J. Toale To enter Executive Session for the reason as stated and upon adjournment to return to open session. Ms. Luck- yes, Mr. Toale- yes, Mr. Alonzo-yes, Ms. Bertram-yes, Mr. Ebersole- yes ***************EXECUTIVE SESSION MINUTES ARE SEPARATE*************************** After a five minute recess following Executive Session, the meeting resumed at 7:20 p.m. PUBLIC COMMENT Board: Ms. Luck read in the Fitchburg Sentinel that four Lunenburg residents completed the Boston Marathon. She congratulated Katie Collette, Nicole Dion, Sharon Rodriguenz and Karma Tousignant. Ms. Luck stated the Lunenburg Police have installed a medication drop off box in the station lobby. It was donated by CVS. She thanked the Police Department for installing it at no cost to the Town. Mr. Alonzo announced the Lunenburg Cub Scouts are using the front lawn of the Ritter Building for their annual Mother Day flower sale. It will be on May 9 from 8:30 a.m. to 1:30 p.m. Mr. Alonzo stated there is an expectation of lots of ticks this year due to the plentiful snow cover this winter. People need to be aware of their pets and children and check them for the ticks. Richard Bursch, Conservation Commission Chair, stated member Shelia Holt has resigned. They also have another member who is currently hiking the Appalachian Trail. So they are down to five active members. One person has submitted a talent bank form for appointment, Carl Luck. The commission has met with Mr. Luck; he has gone on some site visits and attended some of their meetings. The commission would like to recommend the Board appoint Mr. Luck to the vacancy. Mr. Alonzo stated Mr. Luck is scheduled on the May 5 agenda. Mr. Bursch thanked the Board. B & H Corporation d.b.a. Mickey Shea's Liquor Violation Hearing Mr. Alonzo opened the hearing and read the notice sent by certified mail by the Town Manager on March 19th: "On April 21, 2015, at 7:00 p.m., the Lunenburg Board of Selectmen will hold a hearing pursuant to G.L. c. 138, §23 to discuss your alcoholic beverages license [#063600039] at 324 Electric Avenue, Lunenburg. The hearing will be held in the Joseph F. Bilotta Meeting Room, 2"° Floor, Lunenburg Town Hall, 17 Main Street, Lunenburg. The hearing will concern the incident report filed by the Lunenburg Police Department received by the Board of Selectmen on December 8, 2014, a true copy of which is enclosed. The report concerns events at your establishment that occurred after the mandatory closing time on December 7, 2014. The hearing will further concern the incident report filed by the Lunenburg Police Department received by the Board of Selectmen on March 16, 2015, a true copy of which is enclosed. The report concerns events at your establishment that ===PAGE 2=== The hearing will further concern the incident report filed by the Lunenburg Police Department received by the Board of Selectmen on March 16, 2015, a true copy of which is enclosed. The report concerns events at your establishment that occurred after the mandatory closing time on March 14, 2015. You may attend this hearing and be represented by counsel at your own expense if you wish. These allegations, if proven, may constitute violations 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 ("Regulations") [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]. These allegations, if proven, would constitute grounds for disciplinary action, including a written warning, suspension, revocation, or a decrease in operating hours of your license. If you have any questions, please contact this office." Mr. Alonzo invited anyone providing testimony this evening to be sworn in. Mr. Alonzo asked those persons to raise their right hand and swore them in. He explained that the Town will present their case first and then the licensee will present their case. The Board will then ask questions. The Town and licensee will then be able to make closing statements. Additional questions will be asked by the Board if needed. The hearing will then be closed at which point the Board will determine if a violation occurred and if so, will determine the penalty. Brian Riley of Kopelman & Paige, legal counsel for the Town, noted for the record the first incident on December 7, 2014 involved serving a minor alcohol. Sergeant Jack Hebert came forward and reported on December 7" at approximately 1:41 a.m. he was patrolling the parking lot at Mickey Shea's on Electric Avenue. He ran a status check on a black Jaguar, MA registration plate that was parked in the front lot. The inspection sticker had expired at the end of November. He also noted the registered owner's date of birth was showing he was only 20 years of age. The vehicle was registered to George Vargas of Leominster. He then noticed two males exit Mickey Shea's and stand by the front entrance; they appeared to not want to go near the vehicle with Sgt. Hebert in the parking lot. Sgt. Hebert drove out of the lot and observed the vehicle leave a couple of minutes later. He followed the vehicle and observed it made a wide right turn onto Whalom Road from Electric Avenue, crossing the double solid center line. He activated my lights and stopped the vehicle in the area of Joslin Street. The operator was identified to be the registered owner. Mr. Vargas presented his driver's license which Sgt. Hebert again determined that he was only twenty years old. He did have an alcoholic beverage odor coming off his breath. He admitted to having two beers and a pitcher at Mickey Shea's. Sgt. Hebert returned to Mickey Shea's and spoke to the bar manager, Lindsey Achilla, who was the only bartender on that night. He advised her to clear out the bar so they could talk. As she was clearing out the bar, she called last call and then called out the name of George Vargas. He asked her why she was calling out that name and she produced Mr. Vargas' debit card. He told her he needed to take that card and the receipt which showed two Heinekens and a pitcher of beer had been purchased. This confirmed what Mr. Vargas had told him earlier. Robert Herrick, owner of Mickey Shea's, came forward and wanted to clarify a conversation his bar manager had with Sgt. Hebert. Mr. Herrick stated Sgt. Hebert told Ms. Achilla was that she could refuse service to any person at any time for any reason. Mr. Herrick stated you just can't refuse service in a public place to any person for any reason. Mr. Alonzo stated serving an underage person is a reason to refuse service to someone. He added it is the responsibility of the establishment to ensure minors are not served alcohol. Mr. Herrick stated absolutely. Mr. Herrick had no questions for Sgt. Hebert. Ms. Achilla came forward and stated that the license that George Vargas showed her that night was not the same license presented this evening. Both males had presented licenses to her that indicated they were twenty- one. They ordered a pitcher of beer and played pool. His friend came back over and said they wanted to run a tab, handed me a debit card and ordered two Heinekens. They went back over to play pool and finished and then I saw them walk outside and thought they were going outside to smoke. When Sgt. Hebert came in I realized they had left without paying their tab. That's when Sgt. Hebert informed her that George Vargas was underage. She stated she does her best to ensure that everyone who goes in there is of legal age. Normally she has two door guys, one in front and one in the back. To ensure this doesn't happen anymore they now double card people at the door and at the bar. Mr. Toale asked Ms. Achilla if she remembered what the driver's license looked like on that night. She stated it has been so long since the incident and she looks at many ids, but it was a ===PAGE 3=== Massachusetts driver's license. Mr. Alonzo asked Mr. Riley what is the responsibility of patrons presenting identification. Can establishments make copies of licenses? Mr. Riley stated there is not a requirement that copies of licenses be made by licensed establishments. The state would tell you that serving a minor is a violation of the statute. This Board as the licensing authority has the discretion to decide if discipline is appropriate or not. You can certainly take Ms. Achilla's testimony into account, that she thinks it was a fake id. Achilla responded her door guy who normally would card people was changing a keg at the time they entered. Mr. Herrick wanted the Board to know that all his staff is TIPS certified with years of experience. He wasn't there at the time this occurred, but his experience tells him if the gentlemen first lied to the officer about not drinking and about not paying, then it would follow that he might lie to the officer about getting a beverage without showing identification. The police report states four people came in at the same time, two were refused service because they did not have identification; two were served because they did. Mr. Herrick stated experience tells him that when a person comes in at that age and orders an imported beverage, relatively expensive, it would seem that they probably have had those before. You could assume he came in and got this without an id, that he probably goes elsewhere and doesn't show an id and gets the same beverage. Mr. Alonzo asked Ms. Achilla if she saw the police report. She stated yes. He asked her to verify that when Sgt. Hebert showed her the license she stated that's not the guy that I served. She confirmed. Mr. Alonzo asked Sgt. Hebert if Vargas looked like the photo on his driver's license. Sgt. Hebert stated he was a little heavier but he could determine it was the same person. Mr. Alonzo asked Ms. Achilla when she called out for Vargas and Sgt. Hebert asked for the debit card if she asked did he get OUT'd? Ms. Achilla replied yes, it was a conversation she was having with Sgt. Hebert because she did not know what had happened. He did not state to me why we were closing early. Mr. Ebersole pointed out that according to the police report Vargas had admitted to purchasing the beer and drinking it, which is contrary to what was said earlier. Ms. Achilla stated she never took the card from Mr. Vargas, his friend came over to start the tab so when I was calling out Vargas' name to cash out at the end of the night, I was looking for his friend. Mr. Herrick stated back in 2009 the former Police Chief held a seminar at the police station in concert with the ABCC and they had handouts and pamphlets which he still keeps at the restaurant regarding photo ids. One of the comments made was that fake ids were as inexpensive as $60 or as expensive as $1000. I don't know what the technology has been since then, but at that time there were a couple of tell-tale signs, one of them was a hologram or water mark. Ms. Luck asked how you would determine that an id is fake. Mr. Herrick stated we look for the hologram, there are certain markings that we look for; I don't have them all in my head. Ms. Achilla stepped in and stated you look at the corners to see if it's easy to peel open. The back of the id is a big giveaway because you have the birthdate written in small at the top. It's really hard to determine a fake id if the hologram or watermark is there. Kids make themselves look like older siblings. Liquor stores now have scanners that they use, but they are really expensive though. Ms. Bertram asked Sgt. Hebert if he was familiar with the scanner and how it worked. He stated the police have that technology on their BT machine but it is not hooked up to the registry. It just reads what's on the card Basically it takes everything on the front of the card and puts it into a bar code on the back of the card. Mr. Alonzo asked Sgt. Hebert when he saw Vargas making a wide turn and he smelled of alcohol, you didn't feel it qualified for an OUI? Sgt. Hebert stated he performed a field sobriety test on Mr. Vargas and he passed it. The passenger of the vehicle also passed, he then took over and drove. Sgt. Hebert stated I asked Vargas that night if anyone had asked for his id and he said no. Initially there was some deception as Mr. Herrick referred to but later on he did admit to buying what was on the receipt and drinking the beer. Mr. Alonzo asked Mr. Riley what is the liability/responsibility for the licensee in cases such as this? What does the ABCC see as the proper level of proof? Mr. Riley responded there are certainly some pretty good fake ids out there but serving a minor is still a violation of the law. Mr. Alonzo moved on to the second incident which occurred on March 14, 2015. Sgt. Hebert testified he was working the second shift which is his normal patrol. He was patrolling the area around 2:00 a.m. He drove by Mickey Shea's and observed numerous vehicles in the front lot. He continued on ===PAGE 4=== to check other establishments and returned to Mickey Shea's at approximately 2:07 a.m. He looked in the front windows and door but they are heavily tinted. He drove around the back and observed six vehicles there, a couple of them were known to him as employee's vehicles and people who frequent the business. He returned to the front lot and observed a male exiting the front door carrying a speaker. He spoke with him and learned he was the musical talent for the night and was packing up. Sgt. Hebert entered the bar and observed ten other people in the bar, so there was eleven total. There was the bar back, Ms. Achilla, the doorman and the musician, all employees of that establishment. There were seven other people that were not employees of Mickey Shea's. There was a nineteen year old male who submitted to a Preliminary Breath Test which resulted in .000. Sgt. Hebert stated he had spoken to Ms. Achilla on a previous occasion and this occasion about refusing entrance to people under twenty-one. Everyone was subsequently cleared out of the bar. Mr. Alonzo asked if the licensee had any questions for the Town. Mr. Herrick stated he wasn't there that evening but he has had problems with the front door lock. They've been broken into on several occasions. Most recently was the 26"' of January. He stated we have to install a certain type of door to meet code and they are mechanical and have to be pushed outwards. Over time they can loosen and what ended up happening was the door would close and lock but if you tugged on it, it would open. Ms. Achilla told me that is what occurred. She had cleared the bar and tried to lock the door and it wouldn't lock. Ms. Achilla called Nathan Panoke, a locksmith and former employee, who was one of the persons there that night. He was able to come up and got the door to lock. Mr. Herrick stated he made copies of the receipts showing the locks were changed and the follow up visit from the locksmith two days after the incident. Mr. Alonzo stated he was not following what Mr. Herrick was trying to say. Ms. Achilla stated they had live entertainment that evening. She called last call and was closing up and had tried to lock the front door and it wouldn't lock. It kept popping open. So she called Mr. Panoke to come up to fix the door and he brought three of those people that were in the bar with him. They all got all out of the car and they were working on the lock. They got the door to lock and she had propped open the door for the DJ. She was discussing options on what to with the lock with Mr. Panoke and that's when she noticed Sgt. Hebert walking in the door. She told him some stuff was going on and at that point he asked for everyone's id and she felt it was no use to explain what was going on. The other people in the bar were the bar back's girlfriend and the girlfriend's sister and her boyfriend from Lowell. The girlfriend was using the bathroom and had just come out and leaned over the bar to give her boyfriend a kiss because they were going outside to wait for him when Sgt. Hebert walked in. Everyone had their coats on and was in the process of leaving. They had a forty-five minute drive home so were using the restroom. The three guys that came with locksmith were helping the DJ load his equipment so we could get out of there. We have since fixed the locks, we can't replace the door; it's too expensive. But we have come up with other options to lock the door if this happens again. Ms. Achilla stated they have also changed closing time on Fridays and Saturdays, last call is at 1:00 a.m.., service is until 1:15 and everyone is out of the building by 1:30 a.m. Mr. Alonzo asked Sgt. Hebert if the door issue was reported to him that evening. Sgt. Hebert could not recall, he said there was an issue with the door one night, but wasn't sure if it was that night. He added it's not in his report so he was assumed it wasn't that night but the January night Mr. Herrick had referred to earlier. Ms. Bertram asked for clarification on the law relative to having an underage person in the bar even though it is also a restaurant. Sgt. Hebert stated it was his understanding since it is a restaurant, they can have underage people in the bar, but if you recall we were here last year for a similar incident. After that night he had spoken to Ms. Achilla and Mr. Herrick about underage people being in there. That's what Mr. Herrick was referring to when I said Ms. Achilla had the right to refuse service to people at any time; I was referring to underage people. Sgt. Hebert had advised her after a certain hour they should refuse entrance to people under age twenty-one. Ms. Bertram asked Mr. Riley if they have the right to refuse entry to someone after a certain hour. Mr. Riley stated he did not know. He did not believe it was a violation to have someone in there since it is a restaurant versus a tavern where only alcohol is sold. Mr. Herrick stated since the incident they have made a couple of changes, you heard one of already. He has ordered employee new shirts with the logo on the front and staff printed on the back. They have also instituted a policy that once the kitchen closes, no one under age twenty- one is allowed entry. Mr. Alonzo asked Sgt. Hebert if anyone was drinking when he entered the bar. Sgt. Hebert replied no. Ms. Bertram asked to view the locksmith receipts Mr. Herrick stated he brought in this evening. Ms. Luck asked for clarification on what time patrons must be out of the bar, was it 2:00 a.m.? Mr. Alonzo stated yes. Ms. Luck asked about employees working after 2:00 am. Ms. Speidel reported according to the ===PAGE 5=== Lunenburg liquor regulations, employees are allowed to remain for an additional hour after the official closing in order to clean up. Ms. Luck asked on this night if there were seven non-employees in the bar after closing. The answer given was yes. Ms. Achilla stated when they (Mr. Panoke and three friends) arrived we were still open. Ms. Luck asked why she didn't explain this to Sgt. Hebert. Ms. Achilla stated at that point when Sgt. Hebert was asking for ids for everyone, it wasn't going to make a difference. She added now she wishes she had. Ms. Bertram asked about the other three people in the bar. Ms. Achilla stated they were just using the bathroom before leaving to ride back to Lowell. Everyone had their jackets on and we were getting ready to leave. Ms. Bertram asked about the change of closing time. Ms. Achilla stated her bar clock is fifteen minutes fast to ensure everyone is out before the 2:00 am close. She stated she does not want to be back here again, they are doing their best to ensure everyone is out on time. Ms. Bertram asked if Sgt. Hebert has noticed Mickey Shea's closing time since the incident. He stated he has noticed an earlier closing time. Mr. Alonzo asked for final remarks from either the Town or the licensee. There were none. He declared the hearing closed and stated the Board would deliberate at this point on each incident separately. He returned to the December 7, 2014 incident. Mr. Ebersole noted the explanations given tonight by Ms. Achilla were not provided to Sgt. Hebert at the time of both incidents, so were not included in the record. He stated he had a problem with that testimony. Ms. Bertram stated she was disturbed because there have been a number of incidents before, but she is pleased to hear about the changes that have been implemented. She did state if the person who is at the door is supposed to be checking id, they should not be changing kegs. Someone should be at the door all of the time. Mr. Alonzo stated for the record, this is the third time that your establishment has been before us on possible liquor license regulation violations since 2013 regarding five other incidents; tonight makes six and seven. No other establishment comes close. Mr. Alonzo stated he had spoken with the Police and all of the other establishments in town seem to be able to close on time with no problems. The most flagrant violation for your establishment was having the incorrect manager on record for three consecutive years. He added he is glad that you are taking them seriously and are instituting changes, but that doesn't change the fact that these incidents have happened. Both of these are your responsibility clearly. It's no surprise that underage people want to drink and come up with phony ids, every establishment faces that. You have to take concerted effort to make sure that doesn't happen. As far as people on premises after hours, one person maybe, two persons as a locksmith team maybe, but maybe you should have told the officer at the time so it was in the report. You would think it would be an important element. Mr. Alonzo stated he takes these incidents, particularly the serving alcohol to a minor very seriously. The after-hours one, since this is the third one in three years, very seriously. He added if I were you I would have instituted these changes a long time ago. He stated he believed the Police have done an excellent job in not singling out this establishment to make sure it's fairly looked at on all their patrols. He believed Mickey Shea's was here tonight because they are incapable of following all the regulations. Hopefully the new rules will keep you from being called back in for the future. Mr. Ebersole noted that was one of the reasons when he voted to send warnings but no suspension at the hearing in January 2014 was to send a message that this really shouldn't happen. He added there needs to be some action taken for a temporary suspension. Mr. Alonzo asked for a motion on the incident of December 7, 2014. Motion: R. Ebersole 2'': P. Luck The Board finds that on December 7, 2014 there was a violation involving serving alcoholic beverages to an underage person Vote: All in Favor Mr. Alonzo asked for a motion concerning the March 14, 2015 incident. Motion: R. Ebersole 2"d: P. Luck The Board finds that on March 14, 2015 there was a violation of patrons being on premises after closing Vote: All in Favor Motion: R. Ebersole That the Board imposes a two day suspension of Mickey Shea's liquor license as penalty for the two violations Mr. Alonzo stated before the motion is seconded he believed the penalty should be more serious as serving a minor is a serious violation of itself and this is the third after hours violation where they have not been penalized at all; he recommended a seven day suspension. Mr. Ebersole withdrew his motion. ===PAGE 6=== Ms. Bertram stated she was agreeable to something more than two days and less than seven. Mr. Toale stated he agreed serving a minor is a serious violation. It is the first occurrence of that and he would tend to be more lenient on this than serving alcohol to a minor. On the other count he agreed it is a violation, one of multiple violations, he was going to suggest they change their hours, but they have done that voluntarily. He suggested making that part of the Board's findings. Ms. Bertram agreed the closing time should be 1:30 a.m. Mr. Ebersole pointed out they are closing at 1:30 a.m. in order to meet the standard 2:00 p.m. closing. Mr. Ebersole stated that if the closing time is moved up to 1:30, they will have to clear the bar by 1:00 a.m. so they don't have these issues again. Mr. Alonzo stated there are several establishments in town that have these licenses and who follow the regulations. He submitted that in this case, the licensee doesn't take the regulations seriously. He stated this Board does not take the licensing seriously, he wanted to suspend their license before and the Board only issued a warning. Ms. Bertram stated she didn't think anyone said that they don't take the licensing seriously and in September 2014 the Board voted to suspend their license for two days on February 14 and 15, 2015 for the failure to change the manager on record. She added she didn't believe anyone here is opposed to a suspension, but she believes seven days is too much. Motion: R. Ebersole 2nd: P. Luck Mr. Ebersole motioned to set a five day suspension of the license from May 22 to May 26, 2015 which covers Memorial Day weekend. Ms. Luck seconded. Vote: 4 in Favor, 1 abstain Mr. Alonzo informed Mr. Herrick he would receive a letter from the Board detailing the alcohol suspension and will have five business days to appeal to the ABCC. If it is appealed, the Board will hold off on the suspension until the hearing concludes. Mr. Alonzo thanked everyone who gave testimony. CURRENT BUSINESS 1. Discussion/Review of Annual Town Meeting Warrant Articles Ms. Speidel stated the only article she wanted to review this evening was the 2015 budget adjustment article. There have been some changes since last reviewed. She noted the final snow and ice removal deficit was $259,300 which is $9,300 higher than what we talked about previously. The Veterans Benefits line is about $2,900 higher coming to a total deficit of $60,376. Ms. Speidel reported we did receive good news from MIIA. We did receive some additional participation credits in the amount of $18,490, so she will be able to cover those two additional deficits and also reduce that proposed cut to the pavement management program by about $10,000 down to $42,000 rather than $52,000. Everything else is the same as previously discussed. She did not expect any last minute changes on this article before Annual Town Meeting. She suggested the Board might want to approve tonight in order to save time rather than at town meeting. The only additional appropriation will be $250,000 from Free Cash. Everything else will be a transfer and will involve a lengthy motion. Ms. Bertram asked about funding from the pavement management program to balance the fiscal year 15 budget, is that still proposed? Ms. Speidel stated it was at $42,000 instead of $52,000. It could be less than that at the end of the fiscal year. Ms. Bertram asked what would remain in Free Cash after that appropriation. Ms. Speidel stated a little over $50,000 but that is proposed to be applied to the fiscal year 2016 budget to help the deposit going into the stabilization fund to maintain the 5% balance. Ms. Bertram stated she understands the reasoning but the Board and the Finance Committee made a commitment that the pavement management program was going to be a priority. It's always the go to place simply because of the timing; because the money hasn't been expended. Yes, we are receiving additional funds from Chapter 90 because of the deplorable state of our roads. But it's got to remain a priority. Mr. Alonzo stated he shared her frustration. Motion: R. Ebersole 2"d:P. Luck To recommend the Board approve Article 9 Vote: 4 in Favor, 1 Against 2. Announce Settlement of DPW Employee Collective Bargaining Agreement Ms. Speidel reported at their meeting last week, the Board met in Executive Session and reviewed the proposed DW employee collective bargaining agreement. They approved that agreement with a vote of 5-0. It is for a three year period covering fiscal years 2013 - 2015. We were able to make a lot of improvements in the ===PAGE 7=== contract but it took a long period of time. In the very near future we will be able to look at the subsequent agreement. We were able to combine two different working groups into one contract, which is a benefit to the town. We had a mid-managers group and a laborers group. The mid-managers are really working foremen and crew leaders. The overall cost of this contract over the three year period is 5.9% with an average annual cost of 1.97%. We were able to take the existing grid that had six steps and 4% between each step and convert it to a ten step grid with steps at 2.5% percent, which is consistent with other contracts. We were able to get a consistent set of management rights between the two agreements. We negotiated in a performance evaluation process and form that is not subject to a grievance process. We eliminated personal leave and agreed to a merit evaluation which is a performance evaluation system. This was cost neutral for the town. Mr. Alonzo thanked the Town Manager for her involvement in the process and wanted to thank the union membership for working together. Warrants presented were for Payroll in the amount of $641,756.88; Accounts Payable in the amount of $143,362.86 and Accounts Payable in the amount of $306,468.25. Action File Issues Mr. Ebersole inquired if there was any word from MRC regarding a regional animal control process. Ms. Speidel replied no but she has a meeting with them this week and will check on it. Ms. Bertram asked Ms. Speidel to check on the possibility of incorporating a GIS for storm water. Committee Reports- Board of Health-no report; Building Reuse Committee- has a joint meeting with the School Committee on the 30th; Capital Planning Committee- will meet on the 5th; Finance Committee-meets this Thursday; Library Board of Trustees- meets this Thursday; Mr. Alonzo requested the status of the water leak remediation, Ms. Speidel will inquire and report back; MPO-no report; Planning Board-no report: PACC- no report; School Committee-they are meeting with Building Reuse Committee and will also discuss FY 16 modifications; School Building Committee- the top off ceremony is going to be April 30" at 9:45 a.m. Sewer Commission-no report Town Manager Report- Ms. Speidel, John Londa, Director of School Facilities and Grounds and Jack Rodriquenz, DP W Director, met with a company called Power Management Company, LLC. They are a solar advisor. The Town has a lot of opportunities for solar but are also unable to move forward like other home owners in Lunenburg due to lack of capacity. The school is interested exploring the feasibility of installing solar panels on the new school building. This company is one that would work with us to move forward. We have to go through a request for proposals or qualifications process. There a number other buildings/facilities that we would like to look at for the potential for solar. This company would do that work for us at no cost for us. Fees that they receive are through agreements. Some of the technology may have changed slightly since the last time we looked at it. The net metering project on Chase Road provides cash payments based on the value of those credits. She noted a great portion of the community cannot install solar; the Town is in that same boat as residents and the new school project is on one of those circuits that are affected. We would like to continue moving this forward because we are hoping there will be a solution for the circuits in the short term. Mr. Alonzo added he and Ms. Speidel met with Unitil representatives this afternoon. We wanted to hear from them where we are, what the technical aspects of the situation are, what regulatory structure got us into this position and how we are going to try to move forward to remove this obstacle facing homeowners in 80% of our town. It was a constructive meeting, there was no definitive response; it is complex because it involves utility companies, rates, shareholders, DPU, etc. We talked about potential short term solutions. This issue is going to be faced by other utilities in the state as well. It's not something that is going to be fixed in a week or so, it will take several months to try to get this resolved. Ms. Bertram stated she hoped Unitil would moves toward a resolution quickly on this since homeowners have deadlines for federal rebates and tax incentives. Mr. Ebersole asked if there are any issues with power lines. Mr. Alonzo stated there is a limit on the lines but the capacity already going through those lines is not going to be overcome by residents distributing solar energy. Mr. Ebersole stated he would like to ask the question of Unitil for each street in town because when the power is being sent back it would be a lot more than what is being sent out if every single house on a street installed ===PAGE 8=== solar. Mr. Alonzo stated that would be at the substation level. Mr. Ebersole stated he was still worried about rural areas of town because the lines are too small. Mr. Alonzo stated Unitil has assured him that this is a one- time upgrade. He stated he will keep everyone posted John Londa stated we went through a solar installation in 2010 on the landfill that was the issue we were coming up against; the need to upgrade infrastructure. Now we are seeing it for smaller systems in town. Mr. Ebersole asked Mr. Londa if they would be looking at the Primary School also. Mr. Londa stated that was one of his lower priorities. We do have a south facing roof on the gymnasium that would be suitable for solar but the front of the building has too many dormers on it. The new middle/high school has better capacity and we would like to do something like 300 kilowatts. Ms. Bertram wanted to recognize Mr. Londa for his work on green energy initiatives. Ms. Speidel moved on to the 35° Quarter Financial Reports. The Town Accountant prepared the reports representing 75% of the fiscal year. At that mark we had collected 76.78% of estimated revenues and expended and/or encumbered 72.9% of appropriations. In terms of revenues local option meals tax remains strong with almost $75,000 of the $85,000 estimate collected as of March 31, 2015; 74.57% of fiscal year'15 real estate taxes have been collected to date; 86.17% of license and permits have been collected as of March 31%; ambulance fees collected to date are 82.93% and motor vehicle excise collections are strong at 79.9%. She stated most of the expenditures have been covered several times in the proposed budget adjustments. She will be presenting this report to the Finance Committee on Thursday night. Mr. Alonzo presented letters that Ms. Luck proposed to send to state representatives regarding the proposed Water District expansion to Lancaster for signatures, previously approved at last week's meeting. He requested a letter be sent to Rep. DiNatale also. A date for a meeting with the Water Commissioners in May has not been set. Ms. Speidel will be meeting with the Superintendent next week to keep this process going. Ms. Bertram spoke with Mark Bursch and he suggested forwarding questions and concerns in advance of the meeting. Further discussion about the water district ensued. Mr. Alonzo stated the next meeting is at Annual Town Meeting on Saturday May 2nd at the High School. Motion: P. Bertram To adjourn the meeting at 8:59 PM 2': J. Toale Vote: All in Favor Respectfully submitted, Elaiiem. Peterson Elaine M. Peterson Executive Asst. to the Town Manager ======================================================================================== DOCUMENT : 2015-05-02-agenda-4926.txt BOARD : select-board DATE : 2015-05-02 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-05-02-agenda-4926.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_05022015-4926 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN May 2, 2015 8:00 AM Lunenburg High School Cafeteria AGENDA 1. Review Annual Town Meeting Warrant Articles Tom Alonzo, Chairman ======================================================================================== DOCUMENT : 2015-05-12-agenda-4928.txt BOARD : select-board DATE : 2015-05-12 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-05-12-agenda-4928.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_05122015-4928 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN May 12, 2015 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 Liquor License Transfer Hearing 7:15 PM Chief Patrick Sullivan re: EMT-I to advanced transition for ambulance service CURRENT BUSINESS 1. Policies-Social Media, Discriminatory Harrassment, Professional Conduct 2. Minutes/ Warrants/ Action File Issues 3. Committee Report: Board of Health; Building Reuse Committee; Capital Planning Committee; Finance Committee; Library Board of Trustees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission 4. Town Manager Reports or Department Reports: INTERVIEWS/ APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Appointments: Reserve Police Officers: Chad E. Stateler, Daniel P. Minichiello, Zachary T. Bilotta JOINT EXECUTIVE SESSION WITH SEWER COMMISSIONERS- Chapter 30A, § 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 UPCOMING MEETING SCHEDULE May 19, 2015 June 2, 2015 ======================================================================================== DOCUMENT : 2015-05-18-agenda-4929.txt BOARD : select-board DATE : 2015-05-18 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-05-18-agenda-4929.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_05182015-4929 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN May 19, 2015 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 7:15 PM Discussion with Lunenburg Water District about extending into Lancaster CURRENT BUSINESS 1. Board Reorganization; Board Liaison Assignments 2. Minutes/ Warrants/ Action File Issues 3. Committee Report: Board of Health; Building Reuse Committee; Capital Planning Committee; Finance Committee; Library Board of Trustees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission 4. Town Manager Reports or Department Reports: INTERVIEWS/ APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS UPCOMING MEETING SCHEDULE June 2 June 9 June 23 ======================================================================================== DOCUMENT : 2015-06-02-agenda-4930.txt BOARD : select-board DATE : 2015-06-02 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-06-02-agenda-4930.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06022015-4930 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2015-06-09-agenda-4931.txt BOARD : select-board DATE : 2015-06-09 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-06-09-agenda-4931.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06092015-4931 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN June 9, 2015 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor AGENDA In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. 7:00 PM PUBLIC COMMENT ANNOUNCEMENTS APPOINTMENTS CURRENT BUSINESS 1. FY2016 Board & Committee Appointments 2. Appointment of Interim Council on Aging Director 3. Update: Town Bylaws/ Codification Project/ Bylaw Committee 4. Update: Storm Water Initiatives 5. Minutes/ Warrants/ Action File Issues 6. Committee Report: Board of Health; Building Reuse Committee; Capital Planning Committee; Finance Committee; Library Board of Trustees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission 7. Town Manager Reports or Department Reports: INTERVIEWS/ APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Resignations: Deb Seeley from COA effective June 1, 2015 Matt Charpentier from Conservation Commission effective June 2, 2015 UPCOMING MEETING SCHEDULE June 16 June 23 July 7 ======================================================================================== DOCUMENT : 2015-06-16-agenda-4932.txt BOARD : select-board DATE : 2015-06-16 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-06-16-agenda-4932.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06162015-4932 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2015-06-16-minutes-4932.txt BOARD : select-board DATE : 2015-06-16 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-06-16-minutes-4932.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06162015-4932 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Anil ... . BOARD OF SELECTMEN MINUTES EXECUTIVE SESSION June 16, 2015 Bilotta Meeting Room, Town Hall Board Members present: Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Tom Alonzo, Clerk; Paula Bertram, Member and Phyllis Luck, Member Others present: Kerry Speidel, Town Manager; Elaine Peterson, Executive Assistant to Town Manager; Attorney Mark Terry Motion: T. Alonzo 2"': P. Bertram To enter Executive Session to conduct strategy sessions with respect to collective bargaining (Professional Firefighters Collective Bargaining Agreement) if an open meeting may have a detrimental effect on the bargaining position of the public body and the Chair so declares. Vote: Mr. Alonzo-yes, Mr. Ebersole- yes, Ms. Bertram-yes, Ms. Luck-yes, Mr. Toale- yes Attorney Terry began by summarizing certain concessions/agreements already in place. He highlighted what the deal is for the town; the firefighters have agreed to language that resolves a potential liability of the fair labor standards act and relief from the long term sick leave buy back. They have agreed to provisions that new hires will not be able to buy back sick leave. However, this is contingent on the totality of the packages; they have agreed to 1.5% wage increases per year. There is a secondary issue on the wages that we have not yet reached agreement on. The Board has asked to try to balance out the value of the steps that the firefighters receive versus the lieutenants; the firefighters have a bigger step increase, 4%, between steps, opposed to the 2.5%. A proposal was made to make the firefighter schedule basically 2.5% per step by stretching out the existing schedule. He believed the town can obtain this as it will not affect anyone working now. It provides the town cost savings in the long term. Presently the town is on a 5 step schedule, we are stretching it out to 7 steps. Mr. Terry stated they haven't agreed yet, but believed they will. The firefighters have asked for an increase in the detail rate, generally private details. This doesn't affect the town. The town may receive a small administrative tee. The detail rate would go up to $42.00 per hour. They did ask for a small increase on town departments of $2.00. Mr. Terry cautioned to be careful of town details; it is actually the same as employment for the town in terms of overtime, so we actually want that rate to be time and a half of what it would normally be. They also requested an increase in the amount of time they get paid for call backs from two to three hours. This would only apply to assisting on ambulance calls. The increase in costs for the town would be around $6,000 to $7,000 more per year if you counted all calls. A realistic number would be around $3,000 to $4,000. Discussion about changing the town over to 24/7 EMS coverage ensued. The cost of this was estimated to be $200,000 to $220,000. It would severely reduce on-call events. Mr. Terry noted this only covers full-time personnel in the bargaining unit. The last issue is transition to EMT Advanced status. Ms. Speidel stated when this discussion began they had mentioned putting funding in place for the transition to advanced. Some personnel need to make decisions this year due to the additional training time involved for the transition in 2017. It was a good discussion and the Board was open to this. Now the question is what the change would cost for the personnel who are ready to recertify and advance to that level. The current incentive for the intermediate level right now is a 3% increase plus a $500 stipend which would be for the cost of recertification. The firefighters are asking that if the town goes for advanced training to see an increase from 3% to 5%, but the $500 stipend would be rolled into that 5% increase, amounting to a 1.25% to 1.5% increase. ===PAGE 2=== Ms. Speidel reported on-call personnel are part of the salary administrative plan and there are different grades for what level of certified training they are at and they receive a flat hourly rate with no additional incentives. There is no grade for advanced grade yet. Mr. Terry estimated the 1.5% increase will cost around $3000. Looking at advanced certification training, this would include two personnel, at the cost of approximately $5000. Ms. Speidel stated Chief Sullivan has a training budget line item. If the town goes to advanced trained personnel, the town could expect a significant increase in ambulance receipts compared to what it is paying out. Ms. Speidel stated a cost analysis for paramedic services for fiscal year 2017 will be done. Ms. Speidel reported out of the involved firefighter personnel, the lieutenant is at step 4; the captains are at step 3 and added two of the three have one additional step available. Ms. Speidel stated the 2.5% plus the 1.5 % COLA is 4%, but they are trying to keep a 2.5% difference between the steps and when you reach the top, that's it. Longevity starts after reaching 10 years of employment; they are all receiving it. Mr. Terry stated he did not need a vote tonight only consensus of the Board at this point. There was a majority consensus. Mr. Terry and Ms. Speidel will touch base after he discusses with the firefighter representative. Motion: R. Ebersole To exit Executive Session and enter into Open Session after a five minute recess Vote: Mr. Alonzo-yes, Mr. Ebersole- yes, Ms. Bertram- yes, Ms. Luck-yes, Mr. Toale- yes The meeting adjourned at 6:45 p.m. Respectfully submitted, Elane i Peterson Peterse Executive Assistant to the Town Manager 2*: P. Bertram ======================================================================================== DOCUMENT : 2015-06-23-agenda-4933.txt BOARD : select-board DATE : 2015-06-23 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-06-23-agenda-4933.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06232015-4933 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN June 23, 2015 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 Discussion with Sewer Commission about betterment project 7:45 pm Holman Street signage CURRENT BUSINESS 1. Town Managers’ Annual Evaluation 2. Request from Planning Board to dedicate meeting room as “Marion Benson Meeting Room” 3. Financial Policy & Procedures Cash Reconciliation 4. Bond Anticipation Note Sale for Sewer Construction Project 5. Minutes/ Warrants/ Action File Issues 6. Committee Report: Board of Health; Building Reuse Committee; Capital Planning Committee; Finance Committee; Library Board of Trustees; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission 7. Town Manager Reports or Department Reports: INTERVIEWS/ APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Ratify Town Manager Appointments Selectboard Reappointments UPCOMING MEETING SCHEDULE July 7 July 14 July 21 ======================================================================================== DOCUMENT : 2015-06-23-minutes-4933.txt BOARD : select-board DATE : 2015-06-23 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-06-23-minutes-4933.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06232015-4933 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MEETING MINUTES June 23, 2015 The Board of Selectmen met in the Town Hall, Joseph F. Bilotta Meeting Room, as scheduled with Jamie Toale, Chair, Robert Ebersole, Vice Chair; Thomas Alonzo, Clerk; Phyllis Luck, Member and Town Manager Kerry Speidel. Paula Bertram, Member, was not present. The meeting opened at 7:00 PM with the Pledge of Allegiance. Public Comment: Mr. Alonzo reminded this Friday, June 26 from 4. 7 pm is the Boys and Girls Club of Lunenburg 10" Birthday Bash. Starting July 6'' there will be band concerts on consecutive Mondays at 7 pm at the gazebo. Conservation Commission's next scheduled Walks in the Woods will be on July 7'; meet behind the Ritter Building at 9:30 a,m., most walks average two hours, and you should dress accordingly. Lunenburg Water District is hosting a special meeting, on Wednesday, July 29"; 7:00 p.m. at the Lunenburg High School to discuss the extension of the water district to encompass the northwest area of Lancaster. He encouraged all registered voters within the LWD to attend. The Farmer's Market opens Sunday, June 28" at the Ritter Building. Resident Elaine Mroz of 64 Chestnut Street, presented concerning her property that abuts Marshall Park. She read aloud a letter to the Board about the process with town boards that she has gone through since trees were mistakenly cut down on her property. Dave Rodgers, 82 Highland Street, stepped up to the podium and asked the Board to respond to Ms. Mroz's situation. Sewer Commission Presentation about Betterment Project Mr. Toale acknowledged the Sewer Commission and asked that any questions be held until after the presentation. Chair Carl Luck thanked the Board for the opportunity to present tonight. He presented a history of the Lakeview Avenue/Pratt Street project, sewer extension policies and process. This can be seen in its entirety on the Sewer Commission webpage at http://www.lunenburgma.gov/filestorage/204/236/6-23-15_BOS_PresentationWebRev.pdf or a printed copy can be viewed at the Board of Selectmen office. Public Comment: Paul Michaud, 9 Pratt Street, stated their street was originally included in Phase I and the price at the time was $15,000. Somewhere along the line the project was delayed. Pratt St. residents were not notified of this. He asked why should we pay an extra $15,000- $20,000 and the possibility of another $3,000 betterment fee when they could have done it with a gravity system? If the Town went 400 feet farther down Whalom Road and got an easement with the grinder pump, it would have only cost $3000 more than the original betterment, why did you not do that? Why pass the $15,000 on to the homeowners instead? Why weren't these costs shown to us before we voted? Mr. Luck confirmed it was true if the town opted for the gravity feed on Pratt Street, it would be $3000 more for all 80 participants. Everyone except for the 30 people who would actually benefit from the gravity fed would have to pay for all the costs. The other 50 homeowners would be paying $37,000. Mr. Luck explained it was more expensive to put in a single pump (the pump alone costs $325,000). Mr. Michaud stated it was too bad the town did not finish Pratt Street back when it was in Phase I. Lorrie Kunz, 10 Rennie Street, stated we cannot change this project because of town meeting vote, but if Pratt St. was part of Phase I and that went through Town Meeting vote, why was that able to be changed? She clarified Mr. Luck's question about what the homeowners' survey letter indicating "no" meant that was sent to the Sewer Commission. When the homeowners got the survey letter, it gave us the betterment amount and residents of Rennie and Pratt Street thought it was a good thing. But when they went to the Sewer Commission informational meeting and found out the additional costs, the residents were surveyed again and if they knew ===PAGE 2=== then (at town meeting) what was the actual cost, would you have voted in favor? The answers were no. When the original survey letter was first sent and the Sewer Commission was going on the responses as a no vote and there was a deadline to respond, if others didn't respond, why did it not just die there? They went out again multiple times and resurveyed. We spoke to a Sewer Commission member and were told it was going to be a gravity system for Rennie Street. We were also given inaccurate numbers. Beverly Santora, 18 Pratt Street, stated she came to the town three years ago because she needed a new septic system. She was informed the town was coming down Whalom Road and sent her a letter and that she could connect. When she was ready a year later the town said there was no funding or place for a pump station. So she went out and spent $38,000 on a septic system. She stated she will not be connecting to the system. Bernie Forget, 120 Pratt Street, stated he received one letter about putting in the sewer extension. He voted no and that was the last he heard about it. He stated 19 residents responded to the survey on August 29" 2013; two days later the Sewer Commissioners applied for state funding. This was without the required 2/3rds vote. Seven months later the Sewer Commissioners stated they had the 2/3rds vote they needed. This was the result of two individuals going door to door stating it would only cost $15,000 spread out over 20 years. A lot of people thought it was a good deal. At the May 26, 2015 informational meeting we were told the betterment had ballooned to $23,000 and the grinder pump had to be added. This is not a rich neighborhood. We do not have a lot of money to do this. I never read anything in the newspaper. I sent an email to the Sewer Commission and got no response. We believe a revote is in order as this is a significant change in the mechanism and the burden being placed on the homeowners. The town officials need to help us out and come up with some alternatives. Stephen Roy, 78 Pratt Street, stated the costs were not presented to them at the time of the TM vote. If we were all told that the total costs would be between $35,000 and $40,000, would we have voted yes for that? The median values of the homes on the street are roughly $170,000 to $180,000. You can't ask residents to give up 30 - 40% of the value of their home for a sewer connection. This is not going to add value to our homes. Paul Luria, 63 Pratt Street, stated the vote is completely confusing. He added the letter he received said the town is bound by this legally. This is not his problem. Paula Cookson- Luria, 63 Pratt Street, stated they had to install a raised septic system due to wetlands. She asked for clarification on the survey, specifically who needs sewer. Mr. Luck stated he did not know. Dave Rodgers read the letter sent to residents affected by the project that Town counsel's legal opinion is that the town could incur liability due to incurred costs and contractual obligations and homeowners should consult their own legal counsel regarding stopping the project. He stated there are real questions here that need to be answered. He suggested rather than starting and making a huge mistake to take a time out and reevaluate. Allison Rainville, 17 Pleasantview Avenue, stated she may be the only person in the room who does want sewer installed. She is very excited to see this coming because she has a cess pool in the back yard. She stated no one spoke out against the sewer extension at Town Meeting. She reminded those present that if town meeting vote affects you personally you should pay attention, go, speak up and vote. She thanked the Sewer Commission for bringing the sewers up Pleasantville Avenue Ed Elcevich, 125 Pratt Street, stated he voted yes but wanted to clarify that he was approached by two gentlemen in his backyard last year. All he got was what they mentioned; $22,700, nothing else. He did not know about the other amount until a couple of weeks ago. He never got any other information sent to his house about this. He does not want to pay this large amount over 20 years. Kimberly Moore, 106 Pratt Street, asked who designed the original Whalom plan. The answer was Guertin and Elkerton. She stated it seems that a gravity system was planned for Pratt Street and the stub wasn't put in correctly to enable that to be a simple connection. That should have been in their plan. She has already installed a septic system at the cost of $23,000. She questioned how something that is called a betterment costs more than alternatives. She also stated the only communication she received was in the mail. We are not professional sewer/septic people. We don't know about the hidden costs and she didn't think we should have taken a Town Meeting vote when all the information wasn't presented. She also stated we pay our taxes to pave the roads, if work is done on the road, that should be borne by the whole town rather than us specifically. Joe Champa, 64 Pratt Street, informed the town that they are seven or eight years too late. The town told us we would never see sewer on our street. I see several people here tonight who installed septic systems because we were told that. None of these people are going to tie into this system. Mr. Toale thanked everyone for coming and sharing their statements. ===PAGE 3=== Board Comment: Mr. Alonzo stated the whole point of participating in town government is because we love the town and try to do what's best for the town and townspeople. He suggested the Sewer Commission should examine every avenue to remedy the effect of this on some 80 residences. He didn't know what is legally possible. It is apparent that a good portion of those present tonight don't want sewer knowing what they know now and they are not going to hook up to it. Mr. Ebersole stated his concern is that the town is too far down the path to pull back. This is for the Sewer Commission to discuss at their next meeting; perhaps different options to defer the cost. Mr. Toale thanked all for coming adding hopefully that they have provided an opportunity and a forum for all to voice their concerns. Holman Street Signage: Chief Jim Marino and DP W Director Jack Rodriguenz were present for the discussion. Mr. Toale stated the Holman Street Bridge has been closed and the discussion tonight is to address its future. Chief Marino stated he and Mr. Rodriguenz were approached by the Conservation Commission and asked to post no parking signs on the bridge on Holman Street to allow citizens to park and use the trailhead located by the bridge. They also requested one handicapped parking spot and a turnaround area for those cars that come to the dead end at the bridge. Conservation Commission asked this to in order to comply with the upcoming grant criteria deadline. Discussion ensued on whether a larger parking area is needed and the last minute need to comply with the grant deadline. Motion: B. Ebersole 2nd: P. Luck To amend the Town of Lunenburg Traffic Rules and Orders as follows: To Schedule I - No Parking Add - On the east side of Holman Street at a point beginning at the Mulpus Brook Bridge thence to a point 400 feet south. Add - On the west side of Holman Street at a point beginning at the Mulpus Brook Bridge thence to a point 60 feet south. To Schedule 1- Handicapped Parking Add - On Holman Street at the Mulpus Brook Bridge; one Handicapped Parking space as indicated by a signs. To Schedule I-A Off Street Parking Add - At a point on the east side of Holman Street 40 feet south of the Mulpus Brook Bridge, "No parking turn around only," as indicated by signs. Vote: All in Favor Chief Marino thanked the Board and suggested a permanent parking lot be constructed as soon as possible due to the narrow width of the bridge. Mr. Rodriguenz followed up by stating the Conservation Commission had no budget and had reached out the Police Department and DPW with the issue. Mr. Alonzo clarified that as a town we need to keep better track of grant deadlines and not wait until the last minute to comply. Request to Dedicate Meeting Room Mr. Toale recognized Land Use Director Adam Burney. Mr. Burney reported the Planning Board is requesting the Board dedicate the Planning Board meeting room in the Ritter Building to Marion Benson. Ms. Benson served in various roles on the Planning Board as member and Chair, and was the first Planning Director for the town throughout 1983- 2014. Motion: B. Ebersole 2"d: P. Luck To dedicate the meeting room in the Planning Board office as the Marion Benson Meeting Room Discussion: Mr. Alonzo stated he is very appreciative of the years and projects that Ms. Benson served, adding she is the model for volunteerism, but is not in favor of naming things after individuals. Vote: 3 in favor, 1 abstain ===PAGE 4=== Town Manager's Annual Evaluation Mr. Toale moved on to the Town Manager's annual evaluation. Mr. Toale stated the evaluation is based on five criteria; Relationship with the Board, Fiscal Management, Community and Public Relations, Personnel Administration and Professional Skill and Abilities. He read aloud excerpts from the composite evaluation; overall rating was Outstanding, total score was 194.2. In addition he read what Ms. Speidel has done well, what she could do better, and what the Board could do to help the Town Manager as well as what the Town Manager could do to help the Board. He added suggestions for future goals. He congratulated Ms. Speidel on her rating. Mr. Alonzo thanked Ms. Speidel for another year of exemplary service. Mr. Ebersole stated this year showed further implementation of the town charter and utilizing the Town Manager to the highest level of her skills should continue to be the Boards' goal. Ms. Luck agreed with the evaluation adding the Town Manager handles her duties in exemplary fashion. Financial Policies and Procedures for Cash Reconciliation Ms. Speidel directed the Board to the draft cash reconciliation policy. This is one of the items that came out of the auditors' management letter. The policy requires Treasurer/Collector and Accountant to document cash reconciliation within 15 days of the close of the prior month. Each official is required to sign the summary cash reconciliation spreadsheet and submit a copy to the Town Manager as evidence that cash is reconciled She noted the procedures for the policy and the sample attachments showing the summary cash reconciliation spreadsheet, cashbook summary and MUNIS Account trial balance. A quarterly statement will be presented to the Town Manager and Board as well. The auditors have requested the Board adopt the policy. Motion: B. Ebersole 2"d: P. Luck To adopt the cash reconciliation policy as presented by the Town Manager Mr. Alonzo asked if there were any checks and balances other than the Treasurer/Collector and Accountant. Who oversees their work? Ms. Speidel stated each department reconciles the turnover for their department, the Treasurer then checks the turnover for accuracy. The checks and balances are between the Treasurer/Collector and the Accountant each month during the year; Town Manager also reviews during the year and at the end of the fiscal year we have the independent audit review. Vote: All in Favor Bond Anticipation Note for Sewer Construction Project Ms. Speidel reported yesterday they opened bids for a $725,000 bond anticipation note. This is for $425,000 for purchase of a fire truck that was approved in the 2015 Capital Improvement Plan, and $300,000 for costs associated with the sewer construction project that are not eligible for Massachusetts Water Pollution Abatement Trust (MWPAT) funding. This is temporary financing for these two items. Two bids were received; the winning bidder was from Eastern Bank with an interest rate of .075%. The other bid was from Unibank. So the request is for a bond anticipation note dated June 29, 2015 and due on January 28, 2016. Total interest paid for this period will be $3156.77. Ms. Speidel stated the reason the date of January 2016 was chosen is that the final borrowing commences for the Middle/High School project and the total costs from these two items could be included with that bond to get the best interest rate. Motion: B. Ebersole 2°°: T. Alonzo To award a bond anticipation note dated June 29, 2015 and due on January 28, 2016 to Eastern Bank in the amount of $725,000 with an interest rate of .075% Vote: All in Favor Warrants presented were for Payroll in the amount of $350,549.39; Accounts Payable in the amount of $325,324.75, and another Lump Sum Payroll warrant for teachers' summer payroll in the amount of $130,123.59. Workshop Update- Mr. Toale presented an update on the workshop held last week. There were three major Board of Selectmen goals that were targeted; Storm water management, spearheaded by Ms. Luck and Ms. Bertram; Pavement Management and Traffic Rules of Order spearheaded by Mr. Ebersole, and Economic Development spearheaded by Mr. Toale and Mr. Alonzo. This will be discussed at our July 215 meeting. ===PAGE 5=== Committee Reports: Board of Health - no report; Building Reuse Committee - reviewed the final drawing from the School Building committee so they have the boundaries of the Passios and Brooks buildings defined and did a final review of the RFQ for building assessment and space needs; Capital Planning Committee - no report; Finance Committee- a report was presented concerning GASB 45 policies; Library Board of Trustees-noted that Friends of the Library book and bake sale raised $3,200 towards programs, the Trustees were not able to take final action on their solicitation policy due to a delay in response from town counsel, it will be covered at the next meeting, they will be meeting with this Board on July 14th to mutually appoint to the two vacancies on the Library Trustee Board; MIPO - no report; Planning Board - no report; PACC-no report; School Committee - Dee Bus has extended the current contract for an additional year at the same price; at their meeting on July 5, they will discuss expanding some choice spots in grade five and seven, School Building Committee-building is 33% complete, pace has increased- there are over 100 workers onsite daily, we have received reimbursement in the amount of $8.8 million dollars from Massachusetts School Building Authority and a new field adjacent to Mass Ave. will be available this fall; preliminary tax bills going out will show the partial impact of the new borrowing; Sewer Commission- nothing further to report; MART- there will be an additional route added (131 White Street and Emerald Place) as of July 1st " prices are going from $1.00 to $1.50 for the average rider; Cable Advisory Committee - met briefly, need to consult with town counsel on business plans supplied to them and will be talking about a resident survey at the next meeting; Conservation Commission-no report ;ZBA; issued three special permits; 270 Mass Ave. for a self-storage facility, 333 Mass Ave.- Hannaford Supermarket for outside display of seasonal products, 739, 747,757, and 777 Chase Road- Empire Management (aka North End Subaru and North End Mazda) to construct an eight bay service garage between two auto dealerships and pave an existing gravel vehicle storage lot; tomorrow night a petitioner is seeking to display and sell 8 used cars at 10 Mass Avenue. Town Manager/Department Reports- no report Town Manager Annual Appointments: terms beginning July 1, 2015 to June 30, 2016 Ms. Speidel requested the Board ratify the following: Animal Control Officer: Kathleen Comeau Assistant Building Inspector: John Morreale Alternate Building Inspector: Ed Cataldo Dam Keeper: Ronald Wilson Assistant Dam Keeper: Rich Patry Emergency Management Director /Forest Warden: Fire Chief Patrick Sullivan Field Driver: Kathleen Comeau Hazardous Waste Coordinator: Kerry Speidel Hearings Officer: Kerry Speidel Inspector of Plumbing/Gas: Gary Williams Assistant Inspector of Plumbing/Gas: Richard Kapenas Inspector of Weights and Measures: Stephen E. Cullinane Inspector of Wires: James Sharkey RACES Control Office: Ralph Swick RACES Member: Jeanine Swick Senior Citizen Property Tax Work Off Program & Taxation Aid Committee: Shelia Craigen -Assessors' Office Myleen Mallari - Collector/Treasurer Jean Larkin- Member at Large Sue Doherty- Acting COA Director Kathy Herrick-Town Clerk Tree Warden: Jack Rodriguenz Veterans' Service Officer: T. J. Blauser Motion; I. Alonzo To ratify the Town Manager appointments as presented 2"d: P. Luck ===PAGE 6=== Mr. Ebersole opposed the appointment of the Animal Control Officer for the same reason he has cited for the last two years. He stated it is based on the work involved, his direct observation and communications from many residents, all of which he has communicated to the Town Manager. Vote: 3 in favor, 1 opposed Ms. Speidel stated the next list is for reappointment of Police Officers, both Lunenburg Full time and Reserves, and acting as Agents of the Lunenburg Licensing Authority as well as Special Police Officers from Shirley and Townsend; the term runs from July 1, 2015 to June 30, 2016. PULLTIME: Chief James Marino Lt. Michael Luth Sgt. Thomas Gammel Sgt. Sean Connery Sgt. Jack Hebert Det. /Sgt. Jeffrey Thibodeau Officer Jonathan Broc Officer Robert Diconza Officer Peter Lekaditis Officer Joshua Mathieu Officer Bradley McNamara Officer Deven O'Brien Officer Joshua Tocci Officer Sean Zrate Motion: B. Ebersole 2": T. Alonzo To ratify the fulltime appointments as listed Vote: All in Favor RESERVES: Officer Stanley Barney Officer Zachary Bilotta Officer Benjamin Campbell Officer Robert DaCosta Officer Paul Grunditz Officer Jacob Lachance Officer Donald Letarte Officer Lisa Melnicki Officer Daniel Minichiello Officer John Morreale Jr. Officer Julienne Salas Officer Quinn Smith Officer Chad Stateler Motion: T. Alonzo 2nd: B. Ebersole To ratify the fulltime appointments as listed Vote: All in Favor SHIRLEY OFFICERS: Sgt. Peter Violette Sgt. Alfreda Cromwell Sgt. Samuel Santiago Ptl. Craig Laprade Ptl. Everett Moody, Jr. Ptl. Gregory Gushaw Ptl. Brandon Bruin Ptl. Jason Strniste R.O. Robert Pacetti R.O. Matthew Euliano R.O. Mark Lafferty R.O. William McGuinness R.O. David Lange R.O. Sarah Brodmerkle TOWNSEND OFFICERS: Chief Erving Marshall Jr. Lt. Mark Giancotti Sgt. John Johnson Sgt. Kimberly Mattson Sgt. Randy Girard Officer James Marchand Officer Thaddeus Rochette Officer George Reidy Officer Mark Francis Officer David Phillips Officer James Landi Officer Brent Davis Officer Jeffrey Giles Officer Michael Marchand R.O. Tony Brennan R.O. Christopher Van Hooris R.O. Austin Cote R.O. Joseph Quinn R.O. David Mazza R.O. Thomas Kalil ===PAGE 7=== Motion: T. Alonzo To ratify the appointments as listed as Special Officers 2nd: B. Ebersole Vote: All in Favor Appointments: Ms. Speidel asked the Board to amend Board of Registrar Karen Kemp's term to expire March 31, 2017 and Ruth Anderson's term to expire March 31, 2018 Motion: B. Ebersole 2"': T. Alonzo To amend Ruth Anderson and Karen Kemp's terms as presented by Town Manager Vote: All in Favor Ms. Speidel presented requests for two constables to be appointed; Stanley R. Young and Kevin Rice. Appointed constables are process servers for the court system. There was a question regarding John Baker who is an elected constable posts warrants for town meeting; his term expires 2016. Motion: B. Ebersole To appoint Stanley Young and Kevin Rice as Constables 2nd: T. Alonzo Vote: All in Favor Motion: T. Alonzo June 30, 2018 To appoint Richard McGrath and Rebecca Lantry to the Historical Commission with a term to expire 2nd: B. Ebersole Vote: All in Favor Motion: T. Alonzo 2nd: B. Ebersole To appoint Richard Reynolds, Erin Morin, Brian Contois, Jay Vallierre, Britany Woodhouse, Bruce Walker, Sarah Fitzgerald and Jennifer Oliviera as Public Weighers for P. J. Keating with a term to expire June 30, 2016 Vote: All in Favor Motion: T. Alonzo 2"d: P. Luck To appoint Michael Barney, Gregory Roy, Brian Frank and Gregory Bittner (Planning Board Representative) to School Building Committee with a term to expire June 30, 2016 Vote: All in Favor Motion: B. Ebersole 2nd: T. Alonzo To appoint Jean Larkin as Town Pound Keeper with a term to expire June 30, 2016 Vote: All in Favor Public Comment: Dave Rodgers stated at the beginning of this evening's meeting he had asked the Board to take action regarding Elaine Mroz's situation and is now disappointed they did not act on his request this evening. We still have to do something as a town for her. Mr. Toale thanked him for his input, Mr. Ebersole stated there are times when things are going on behind the scenes that are not appropriate for Town Manager to talk about at a meeting. Perhaps there may be a different way for us to respond. Mr. Toale stated the Board will not be meeting next week, next meeting is July 7'. He wished everyone a safe and happy July 4". Mr. Alonzo echoed Mr. Toale's statement and reminded the Board he would not be present at the July 7" meeting. Motion: B. Ebersole To adjourn the meeting at 10:16 p.m. 2'd:T. Alonzo Vote: All in Favor Respectfully submitted, Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2015-07-07-agenda-4934.txt BOARD : select-board DATE : 2015-07-07 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-07-07-agenda-4934.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07072015-4934 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN July 7, 2015 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 Jane Rabbitt (COA), Faith Beall (PACC) interviews for Appointments 7:30 PM Joint Meeting with Sewer Commission to appoint to vacancy CURRENT BUSINESS 1. Letter concerning Removal from Chapter 61 Notification 2. Minutes/ Warrants/ Action File Issues 3. Committee Reports: Board of Health; Building Reuse Committee; Cable Advisory Committee; Capital Planning Committee; Conservation Commission;Finance Committee; Library Board of Trustees; MART Advisory; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission; ZBA 4. Town Manager Reports or Department Reports INTERVIEWS/ APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS UPCOMING MEETING SCHEDULE July 14 July 21 August 4 ======================================================================================== DOCUMENT : 2015-07-07-minutes-4934.txt BOARD : select-board DATE : 2015-07-07 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-07-07-minutes-4934.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07072015-4934 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== all Pb RECEIVED & FILED BOARD OF SELECTMEN MEETING MINUTES July 7, 2015 JUL 28 2015 LUNENBURG TOWN CLERK OFFICE The Board of Selectmen met in the Joseph F. Bilotta Meeting Room, Town Hall, as scheduled with Jamie Toale, Chair; Robert Ebersole, Vice Chair; Paula Bertram, Member; and Phyllis Luck, Member. Town Manager Kerry Speidel and Thomas Alonzo, Clerk, were not present. The meeting opened at 7:00 PM with the Pledge of Allegiance. Public Comment: Ms. Luck reported Lunenburg families hosted Japanese exchange students recently. The students were great, it was a lot of fun and she encouraged others to participate next year. She thanked Chief Marino and the Police department who patrolled Lake Shirley this past Fourth of July weekend whose presence made for a safe weekend. Ms. Luck attended the Farmer's Market this weekend and encouraged others to attend to make it a successful event. Mr. Ebersole wanted to remind that the Lunenburg Water District is hosting a special meeting on July 29"; 7:00 p.m. at the Lunenburg High School to discuss the extension of the water district to encompass the northwest area of Lancaster. The Board has taken a position against the expansion. He encouraged all registered voters within the LWD to attend that meeting. Mr. Toale reported there is an environmental impact statement seeking input for the Northeast Energy Direct Project aka Tennessee Gas Pipeline/Kinder Morgan Project. You can provide comment at the Federal Energy Regulatory Commission website; www.ferc.org. There will also be a meeting at the Lunenburg High School on August 12' at 7:00 p.m. The band concerts started last night and will continue on Mondays at the gazebo at 7:00 PM. The Lunenburg Turkey Hill Lion's Club pancake breakfast will be at Eagle House Senior Center on July 8th from 8 - 11 am. Takeout is available. All proceeds go to benefit the Lion's Club charities. Mr. Toale announced there were two candidates for appointment this evening; Jane Rabbitt is ill and will reschedule for next week. Faith Beall is present to request appointment to PACC. PACC met last evening and supports Ms. Beall's appointment. She has recently moved here and thought it would be a good way to meet townspeople. She has always been involved in town events wherever she's lived. Her previous experience has involved government and education work. The Board believed her experience would be an asset to the committee. Motion: P. Bertram To appoint Ms. Beall to the PACC with a term to expire June 30, 2018 2: B. Ebersole Vote: All in Favor The Board moved on to the first current business item since the meeting with the Sewer Commission wasn't scheduled until 7:30 p.m. Letter Concerning Insufficient Notice of Right of First Refusal Mr. Toale stated the letter from the Board to the owner of property located on White Street composed by legal counsel regarding an insufficient Notice of Removal from Chapter 61A is due to the fact that that the notice does not meet the procedural requirements of Chapter 61A, § 14. The location and acreage of the chapter land is not shown on a map drawn to the scale of the Lunenburg Assessor's maps identifying the chapter land. The Notice is also insufficient because the agreement is not limited to the chapter land but rather is for a 14.25 acre parcel of land with the building thereon. The Board agreed to send the letter because there was some interest from the Conservation Commission. ===PAGE 2=== Motion: B. Ebersole To sign and send the letter of insufficient notice 2nd: P. Bertram Vote: All in Favor Mr. Toale presented an accounts payable warrant in the amount of $333,516.81 for signatures. Action File Issues Ms. Luck reported as of July 1S!, MART has revised the schedule for the new route by adding two more loops, totaling seven per day. The commuter shuttle has been eliminated due to no one using it. The fee is $1.25 for the MART service; students, seniors and disabled residents pay .60. Mr. Toale thanked Ms. Luck for her work on this. Mr. Toale contacted Joel Bard at Kopelman & Paige, PC and spoke to him about reviewing legal costs and fees. Mr. Bard is willing to come to the Board and speak about them. Mr. Toale will arrange a time for the meeting with Mr. Bard. Mr. Toale reported the Board was invited to meet with the Town of Townsend regarding the Kinder Morgan pipeline. All agreed it would be a good idea. A meeting will be coordinated by Ms. Peterson. Joint Meeting with Sewer Commissioners regarding Vacancy Due to Failure to Elect Mr. Toale asked Carl Luck, Sewer Commissioner Chair, to convene their meeting. Mr. Luck did so and reported that John Reynolds of 91 Lancaster Avenue had applied to be appointed until the next election. The Sewer Commissioners have already voted to support his appointment at their meeting. Mr. Toale asked Mr. Reynolds to speak on his application. He expressed his interest in serving the town after living here for many years. He has attended many sewer commission meetings and understands the process and feels his background would be an asset to the commission. He intends to run for election in 2016. Motion: B. Ebersole 2"d: P. Bertram To appoint John Reynolds to the Sewer Commission until the next annual election Vote: Mr. Ebersole-yes, Ms. Bertram - yes, Ms. Luck- yes, Mr. Toale- yes, Mr. Luck-yes, Mr. Nault- yes- Mr. Daniels- yes, Ms. Bunish -yes Mr. Toale congratulated Mr. Reynolds and asked him to see the Town Clerk to be sworn in. He noted there are still vacancies on several appointed committees and encouraged others to come forward and support the town. Committee Reports: Board of Health - no report; Building Reuse Committee- they met last evening and finalized a Request for Quotes for the preparation of a Building Assessment and Space Needs Study for four (4) existing Town owned buildings. It will be advertised on July 15" and submissions are due August 5'". A committee will be appointed to review the responses and present the finalists to the Board of Selectmen. Mr. Toale recommended the Building Reuse committee to be the reviewing committee for the RFQs; Cable Advisory Committee- no report; Capital Planning Committee- no report; Conservation Commission- are working with residents on enlarging patios near wetlands, they met with the Hickory Hills Lake Association regarding weed removal ; Finance Committee- no report; Library Board of Trustees- met last night to interview three candidates for two vacancies due to failure to elect, they will be attending the Board meeting next week to mutually appoint to those vacancies until the next election; MART Advisory-no further report; MPO-met on June 17* and reviewed the 2016- 2017 TIP which is now out for public comment until July 21" and available for viewing on the MRPC website; Chase Road is listed in the appendix. If we want to move that project forward, we need to maintain communication with MRPC and MassDOT. Summer Street project is still slated for 2017. The draft FFY 2016 Unified Planning Work Program (UPWP) is also out for public review and comment. It will cover transportation-planning activities occurring from October 2015 through September 2016. This is also on the MRPC website. There is one task that pertains to storm water development; MRC is looking at developing a mobile application with Lunenburg to assist communities in data collection compliance; an interesting ===PAGE 3=== component of that is the 2007 report identified all 556 storm water infrastructures in the community and Ms. Bertram would like to follow up with the DPW Superintendent to ensure that we are using that GIS information. There is also a $400,000 grant through MRPC for brownfields assessment that could possibly be used for the cleanup of the Mass Avenue gas station property. Town Manager will be following up on this. Planning Board- no report; PACC- they are continuing to review policies and job descriptions and how to work with budget restraints; two members are working with the Cable Advisory Committee on the business plan regarding the upcoming cable license renewal; School Committee- met on July 1", a $5000 donation was made to the Middle School for computer purchases, there will be a workshop on August 13, next meeting is August 19; School Building Committee - no report; Sewer Commission-met on June 30" they opened with a homeowner presentation on grinder pumps and continue to have discussions with various facilities regarding grease traps; a presentation by Wright- Pierce was made to the public regarding Pratt Street and it was determined to go forward with grinder pumps not gravity, the project is scheduled to start this month. ZBA- there was one petitioner who would like to sell 8 cars at 10 Mass Ave. Ms. Bertram wanted to remind about the Conservation Commission's "Walk in the Woods" program. The next one is July 12 at 9:30 am, they are going to Robbs Hill, meet at the Ritter Building and dress appropriately. Town Manager/Department Reports- none this evening There was no further public comment. Mr. Toale announced the next meeting is July 14. Motion: P. Bertram To adjourn the meeting 2:B. Ebersole Vote: All in Favor Meeting was adjourned at 8:33 p.m. Respectfully submitted, Clairem Peterson Elaine M. Peterson Executive Assistant to the Town Manager RECEIVED & FILED JUL 28 2015 LUNENBURG TOWN CLERK OFFICE ======================================================================================== DOCUMENT : 2015-07-14-agenda-4935.txt BOARD : select-board DATE : 2015-07-14 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-07-14-agenda-4935.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07142015-4935 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN July 14, 2015 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 7:15 PM Meet with Library Trustees to mutually appoint to vacancy 7:30 PM Jane Rabbitt – COA appointment; Kenneth Jones- Conservation Commission CURRENT BUSINESS 1.Unitil Filings 2.Update on Municipal Community Compact 3.Minutes/ Warrants/ Action File Issues 4. Committee Reports: Board of Health; Building Reuse Committee; Cable Advisory Committee; Capital Planning Committee; Conservation Commission;Finance Committee; Library Board of Trustees; MART Advisory; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission; ZBA 5.Town Manager Reports or Department Reports: INTERVIEWS/ APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS School Building Committee appointments: Mike Mackin (School Comm), Tom Alonzo (BOS) UPCOMING MEETING SCHEDULE July 21 August 4 August 11 ======================================================================================== DOCUMENT : 2015-07-14-minutes-4935.txt BOARD : select-board DATE : 2015-07-14 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-07-14-minutes-4935.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07142015-4935 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== .. ... BOARD OF SELECTMEN MEETING MINUTES July 14, 2015 The Board of Selectmen met in the Joseph F. Bilotta Meeting Room, Town Hall, as scheduled with Jamie Toale, Chair; Robert Ebersole, Vice Chair; Thomas Alonzo, Clerk; Paula Bertram, Member and Town Manager Kerry Speidel. Phyllis Luck, Member was not present. The meeting opened at 7:00 PM with the Pledge of Allegiance. Public Comment: Mr. Alonzo reminded those present that the Lunenburg Water District is hosting a special meeting, requested by citizen petition, on Wednesday, July 29'; 7:00 p.m. at the Lunenburg High School to discuss the extension of the water district to encompass the northwest area of Lancaster. He encouraged all registered voters within the LWD to attend that meeting. Ms. Bertram announced there is an informational meeting regarding the Summer St. construction project on Wednesday, July 22, at 7:00 PM at the Lunenburg High School. Failure to Elect Vacancies on Library Board of Trustees The Board moved on to the meeting with the Board of Library Trustees to fill two vacancies due to failure to elect. Library Trustee Chairman Richard Mailloux called their meeting to order and came forward to report they had met with the three applicants last week. The first candidate was Donna Saiia of 32 Sandy Cove Road. She is passionate about reading and has her own business. For these purposes, she stated circulation and getting people into the Library is critical; she believed her background was suited for the position. The second applicant was Kiirja Paananen of 35 Meadow Lane. She stated she was approached by Library staff who asked if she was interested in serving on the Board. She has a degree in comparative literature and believes it is important to have a variety of materials available to the public. She has participated in many events at the Library and intends to run for reelection next May. The third applicant was Joy Ruth Cohen of 64 Great Pond Road. She moved here in February. She has served on other Boards before and she enjoys reading in various forms; aloud to children and seniors. She believes the library can be the hub of the community and needs to serve all members of the community, including seniors. She was not aware this position will be up for reelection in May and stated "we'll see," regarding running for election next year. Mr. Alonzo thanked all three applicants for coming forward. He motioned to nominate Ms. Cohen to one of the vacancies. Mr. Toale echoed Mr. Alonzo's statement and added that before taking any other motions that there are other committee positions open for all citizens to volunteer. Mr. Mailloux stated it was wonderful that three people came forward and all are well qualified. He nominated Ms. Paananen for a position. Ms. Bertram then nominated Ms. Saiia for a position. Mr. Toale stated there will be a combined vote of the two Boards in the order of the nominations given. He began the vote with Ms. Cohen who received votes of 5 for and 4 opposed and Ms. Paananen, whose received 6 votes for and 2 votes opposed. There was ensuing discussion on the voting procedure due to some confusion. Mr. Toale stated he was willing to revote again in order of nominations made. Mr. Alonzo motioned to rescind the previous votes due to confusion over the process. Ms. Bertram seconded. Vote was unanimous. Mr. Alonzo motioned to appoint Joy Ruth Cohen to the Board of Library Trustees. Ms. Bertram motioned to appoint Donna Saiia. A motion was made from the floor by a Library Trustee to nominate Ms. Paananen. Votes resulted in Ms. Saiia (8 for, 1 abstention) and Ms. Paananen (5 for, 4 opposed) to be mutually elected to the vacancies. Mr. Toale asked both newly elected trustees to see the Town Clerk to be sworn in and thanked Ms. Cohen as well. Mr. Toale thanked the Library Trustees as they exited the meeting. ===PAGE 2=== Appointments: Jane Rabbitt of Townsend Harbor Road presented to request to be appointed to the Council on Aging. She stated she likes working with the elderly and wants to give back to the community. She attended a COA meeting and has some ideas for the council; specifically bringing in "younger" seniors to participate in activities. Motion: R. Ebersole 2°°: P. Bertram To appoint Jane Rabbitt to the Council on Aging with a term to expire June 30, 2016 Vote: All in Favor Kenneth Jones, of 38 Upland Avenue presented to request to be appointed to the Conservation Commission. He is familiar with land management practices and has previously served on the commission. The Commission does support his appointment although they did not get a chance to formally interview him. Motion: R. Ebersole 2'°: T. Alonzo To appoint Kenneth Jones to the Conservation Commission with a term to expire June 30, 2018 Vote: All in Favor Current Business: Unitil Filings: Ms. Speidel reported on a meeting she had with Unitil representatives, John DiNapoli and Cindy Carol, concerning two filings. The first petition to the Department of Public Utilities (DPU) was for a gas and electric distribution standard rate increase. If approved, the average electric bill will increase by $4.99 and the average gas bill will increase $13.68 per month. She did mention to the Unitil representatives that the number one complaint received from residents was the high rates. They obviously receive those complaints as well. This typically takes ten months for review by both the DPU and Attorney General's Office. The second filing was for grid modernization plans; this is something that DPU has required all four of the electric utilities to file. Unitil is planning on filing August 15t ' DU asks these utilities to look at specific objectives such as reducing the effects of electrical outages, enabling the integration of solar power and other distributed energy resources, optimizing the demand for electricity by sending better price signals, improving workforce and infrastructure productivity and to provide for smart meters that can support prices that vary by the time of the demand. Unitil will be addressing those five items. The Board can ask other items to consider in their plan. Ms. Speidel did request that street lights have some sort of self-reporting system that signals to the utility company that the light is out. The Board provided some questions to Ms. Speidel to ask Unitil regarding grid modernization, time of use rates, and associated costs. She asked if the Board wanted to file as an intervener in the rate case. The Board did. The topic will be continued at the next meeting. Municipal Community Compact Ms. Speidel reported the Governor and Lt. Governor recently announced a Community Compact Cabinet which would allow the governor to work more closely with leaders from all municipalities. The Cabinet champions municipal interests across all executive secretariats and agencies, and develops, in consultation with cities and towns, mutual standards and best practices for both the state and municipalities. In addition, the Commonwealth will offer incentives to communities for entering into a Community Compact, including prioritizing Commonwealth technical assistance resources to help reach your chosen best practice(s). Extra points on certain grants and a grant program specifically for Compact communities are also incentives included for participation in the program. Ms. Speidel asked the Board to consider some of the items included in the compact literature while looking at their own goals. Some cities and towns have already joined, including the City of Gardner. The Board was hesitant to apply at this time and wanted to research further. Ms. Speidel noted there is no deadline to apply. Warrants The following warrants were presented for signatures: (2) FY' 15 Accounts Payables of $123,136.29 and $140,412.86; Payroll in the amount of $501,463.86 and Payroll deductions in the amount of $14,332.63. Action File Issues; Mr. Ebersole reminded that a bylaw review committee needed to be organized. ===PAGE 3=== Committee Reports: Board of Health - no report; Building Reuse Committee- no report; Cable Advisory Committee- no report; Capital Planning Committee- no report; Conservation Commission- no report; Finance Committee-no report; Library Board of Trustees- no report MART Advisory- no report MPO- no report; Planning Board- met last night and approved Hannaford Supermarket to have an outside seasonal display area, there was also an application approved by ZBA for 10 Mass Ave for an used car lot containing 8 cars; more information is needed and the hearing was continued to July 27". '. The Planning Board voted last night not to exercise the Right of First Refusal on the White Street property. On another topic, Ms. Bertram stated Ken Chenis of MJTC had talked about under the UPWP that Lunenburg is partnering with them on locating storm water structures with a GPS mobile device. The town already has this from 2007, so she is not quite sure what we are having MJTC doing now. Ms. Speidel will follow up on this. PACC-no report; School Committee-no report School Building Committee - no report; Sewer Commission-- no report ZBA - no report Town Manager/Department Reports- Ms. Speidel requested the Board sign the White Tail Crossing road plan that was previously approved. School Building Committee Appointments: Motion; B. Ebersole To appoint Mike Mackin and tom Alonzo to the School Building Committee 2nd: P. Bertram Vote: All in Favor Public Comment: Maryellen Ramstack of 44 Cortland Circle asked if there was any more information regarding Unitil and the residential solar system installation dilemma. She added there is a rumor circulating that another megawatt solar system is being installed. She expressed concern as she has neighbors and friends who want to hook up residential solar systems into the Unitil system and this is still not resolved. She stated Lunenburg is unique as having this problem and it is Unitil that is causing these problems. Now Unitil is going to increase rates. They have had an incredible profit this year and we are getting nothing. She also stated she heard a Green Community Task Force member is involved somehow with the megawatt installation and this concerns her. Mr. Alonzo stated the Green Community Task Force only makes recommendations. Unitil is not involved in any solar installation. Anyone who has to install solar systems has to work with Unitil. He added that the two previous megawatt installations certainly did influence capacity but a third one would be a onetime upgrade that allows others to join in the system. There would be no more cap or denials of residential solar systems after that. Ms. Ramstack expressed there could be a conflict of interest with this Green Task Force member. Mr. Ebersole explained the Conflict of Interest Law details to Mrs. Ramstack. She thanked the Board and exited the podium. Mr. Toale announced the next meeting is July 21st. Motion: B. Ebersole To adjourn the meeting at 8:26 p.m. 2":P. Bertram Vote: All in Favor Respectfully submitted, Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2015-07-21-agenda-4936.txt BOARD : select-board DATE : 2015-07-21 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-07-21-agenda-4936.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07212015-4936 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN July 21, 2015 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 7:15 PM Pole Petition Public Hearing for Oak Avenue 7:30 PM Class II Auto Dealer License Application for Adnan Inayat at 10 Massachusetts Avenue CURRENT BUSINESS 1. Notice of Right of First Refusal for 150 and 164 White Street 2. Interim Loan Instructions & Financial Agreement Instructions [ED-01.FID866556] 3. FY 2016 Goals 4. Unitil Rate Case/Grid Modernization 5. Minutes/ Warrants/ Action File Issues 6. MassDOT Title VI/Nondiscrimination Assurance 7. Committee Reports: Board of Health; Building Reuse Committee; Cable Advisory Committee; Capital Planning Committee; Conservation Commission;Finance Committee; Library Board of Trustees; MART Advisory; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission; ZBA 8. Town Manager Reports or Department Reports: Bylaw Review Committee & Green Community Committee INTERVIEWS/ APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS 1)Election Officers: Warden: Janice P. Carrier(R); Deputy Warden: Michael Gale (R), Clerks: Kathleen M. Pliska(D) and Darlene E. Steele (D), Inspectors: Ellen Aubuchon (D) and B. Ellen Gale (R); Deputy Inspectors: Ernest Aubuchon (D) and Anne Shattuck (R) 2)Brian LeBlanc- Asst. Radio Control Operator-term to expire June 30, 2016 UPCOMING MEETING SCHEDULE August 4 August 11 August 18