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DOCUMENT : 2015-07-21-minutes-4936.txt
BOARD    : select-board
DATE     : 2015-07-21
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-07-21-minutes-4936.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07212015-4936
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===OCR macOS Vision===
===PAGE 1===
8 MAJA 10.
IM2
RECEIVED & FILED
BOARD OF SELECTMEN
AUG 1 2 2015
MEETING MINUTES
July 21,2015
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; Thomas Alonzo, Clerk; Paula Bertram, Member; Phyllis Luck,
Member and Town Manager Kerry Lafleur (formerly Speidel). The meeting opened at 7:00 PM with the Pledge
of Allegiance.
Public Comment:
Mr. Alonzo announced the Library-sponsored "Great Cardboard Boat Race" at the Town Beach on Lake
Whalom on August 8" at 5:00 p.m. Rain date is Monday, August 10th
. He also commended the Turkey Hill
Gardeners for the beautiful plantings in the Town Center and to Lakeview Nurseries who provide assistance as
well. Ms. Luck announced there is a new shipment of compost bins available; they are $43.00 and can be
purchased at the Public Works.
Sam Ramondelli of Reservoir Road stated he saw the Highway Department coming down the road clearing both
sides of the road. He rushed out with a cold drink for the driver as it was a hot day. He wanted to thank them for
the work they do. He called the DPW and spoke with Mr. Rodriquenz as well. They all do a tremendous job.
Karim and Rachel Gabriel of 60 Burrage Street presented about their beagle, Edge, who ran away on March
Mr. Gabriel stated the Police Department has been very helpful as well as other small businesses; they
have called about two other beagles that they have found wandering. Edge has not been seen since March 19th
although they have followed up on leads. On Saturday the Gabriels spoke to a woman who had found a beagle
and had called the Animal Control Officer. The woman who called had been advised by the ACO to let the dog
go, that it would probably go home on its own. Social media has been helpful in the search and there a lot of
comments posted regarding the lost dog, mostly positive. The Gabriels asked that an investigation be conducted
on the allegations made on social media regarding the ACO and to make the report public. They also asked the
Board to increase Lunenburg's social media footprint related to the ACO. Finally, they asked the Board to
reconsider a "Leash Law." Edge is micro-chipped and if he had been picked up he might have been found.
Mr. Ebersole stated that the Lunenburg bylaw is not a leash law but rather a restraint law. It is illegal for dogs to
run on other people's property and is technically a public nuisance. Mr. Toale thanked Mr. Gabriel and stated as
a dog owner he did empathize with them.
Debra Leger of Sandy Cove Road stated she was the woman who found the beagle and it was on last Thursday.
She contacted the ACO to find out what to do. She added this has turned into a witch hunt for the ACO; Ms.
Comeau is a good person, has been in office since 1977 and works on a small budget on a supposedly part-time
basis. Ms. Leger stated Ms. Comeau actually works 24/7 and only gets $3 per day to care for dogs. She has
never gotten a raise. Someone who only gets $3 per day to care for a dog is not in it for the money. She comes
out when needed. Ms. Leger stated the dog was not run down and appeared in good health. She empathizes with
Mr. and Mrs. Gabriel, but the beagle found actually lives on Sandy Cove Road. Ms. Comeau does not have
unlimited resources to care for every dog running loose and this needs to be considered.
Kim Martin, 522 Burrage Street, has contacted the ACO three times. Ms. Martin stated a dog showed up at her
house and ACO told her there is no leash law in town, and to let the dog go. Her husband found another dog
weaving in and out of traffic another time. The ACO told her again to let the dog go. The Martins canvassed the
neighborhood where they found the dog for three days in a row and tried to find the owner. They finally did.
They had called the ACO and she told them there were no lost dogs reported. Another time Ms. Martin
===PAGE 2===
contacted the ACO regarding a sick looking raccoon walking around. She told her she didn't handle raccoons.
Ms. Martin asked her what she should do; ACO told her to call Police, but they wouldn't do anything about it
either. She was extremely rude and all she could tell me was I was out of luck. Isn't there some sort of resource
for dealing with a wild animal? She echoed the social media request as well.
Troy Daniels, 98 Main Street, stated he found a poodle and was told by the ACO to let the dog loose. He took
the dog in and kept it safe until he could locate the owners. This is an old problem. He stated a solution is
needed. Mr. Toale thanked everyone for their input. He added the Board would take all accounts given this
evening into consideration. The ACO is an employee of the town and under the Town Manager's purview.
Mr. Alonzo requested a full description of the responsibilities of the Animal Control Officer for a future
meeting. Ms. Leger returned to the podium stating wild animals do not fall under the umbrella of wildlife
management. Wildlite management does not answer wild animal calls half of the time. Mr. Toale stated they
would review the ACO job duties. Ms. Leger advocated for a leash law where people would have to come pick
up their pet and then pay a fine to get them back. That would generate more money for the town.
Mr. Daniels returned to the podium and stated that is not the case and that for the record Ms. Comeau is also the
Animal Inspector and has been derelict in those duties as well. Mr. Alonzo stated in the ten and a half years that
he has been on the Board and believes if someone feels they are a part-time employee, and they feel they are not
being given the tools or mechanisms to do their job correctly, they should take it upon themselves to come and
request them. Ms. Comeau has never come in and asked for more funding or facilities.
George Martin, 522 Burrage Street, stated he was bad; he had two unlicensed dogs he kept inside and had just
paid $300 in delinquent dog license fees. He wondered if other people are also paying those late fees, shouldn't
the money go directly to her? He asked if there are logs being maintained to see the ACO work load.
Ms. Lafleur stated the issue of the ACO vehicle has also been raised several times. The town does not own it;
there is no town seal on it. The ACO purchased the vehicle for her personal use and she also uses it while
performing her ACO duties for the town.
Chiet Marino stated he believed Ms. Comeau paid $300 for the vehicle years and he put a light bar on the roof
for safety reasons. He reported that he has had an officer investigating this case for three days. He stated he has
a great appreciation for the passion people have for animals, but the Facebook comments got carried away. The
beagle belongs to someone on South Cove Road and the owner said the dog continually escapes by digging
under the fence. Last time the beagle escaped the collar slipped off while going under the fence. This was not
the dog that disappeared from Burrage Street.
Ms. Lafleur stated typically the town would not release logs from an investigation but we would report on
statistics that would appear in the annual town report. One did not appear in the past year but Ms. Lafleur did
make a note that an annual report would appear going forward.
Mr. Daniels asked if it was perfectly okay for the ACO to tell someone to set a dog free. We have the highest
rate of rabies in the state so these animals pose a threat to the community - is that we are saying - it's okay to
let the dog loose?
Ms. Bertram stated being a two dog owner she empathizes with people looking for their dog, as she has lost a
dog before. She appreciates all the comments on both sides. An issue has been brought to the Board that needs
further investigation and she hoped it will appear on a future agenda and that they could hear from the ACO
about any issues she has in operating her department and concerns of residents. Mr. Toale stated it would.
Greg Bittner, 129 Pleasant Street, stated he knows the Board is the appointing authority and asked if the
residents have some avenue other than this Board to lodge a formal complaint. Mr. Toale stated if there is a
complaint it should be made to the Town Manager. Ms. Lafleur stated she will accept the comments here as a
formal complaint.
===PAGE 3===
Pole Petition Hearing for Oak Avenue
Mr. Toale opened the public hearing. The petition was from Verizon New England to place one solely owned
pole numbered T.10 1/2 on the southeasterly side of Oak Avenue at a point approximately three hundred and
eighty-eight feet northeasterly from the center line of Turkey Hill Road.
Kelly Correa of Verizon reported they would be placing a new service pole for phone lines to the new school.
Mr. Ebersole asked why the lines did not go underground as with the other utilities. Ms. Corriea stated it was to
avoid digging up the road pavement and she assumed it was because the other utility pole in that area has
reached its equipment-holding capacity. The pole is to get the service line across the street at which point it will
go underground to the phone room in the new school.
Mr. Toale asked if there was any further comment from those present. Having heard no further comments, Mr.
Toale closed the hearing.
Motion: P. Bertram
To approve the pole petition as requested
2°d:B. Ebersole
Vote: All in Favor
Class II Auto Dealer License Application for Adnan Inayat at 10 Massachusetts Avenue
Mr. Toale read the hearing notice aloud: the Licensing Authority will hold a public hearing on July 21, 2015 at
7:30 p.m. at Town Hall, 17 Main Street, 2'' Floor, Lunenburg, on the application submitted by Adnan Inayat
d/b/a Premium Motors for a Class II Auto Dealer License. The license is to be exercised at premises located at
10 Massachusetts Avenue. Mr. Inayat stated he has moved here from Atlanta, Georgia where he sold used cars
for ten years. He would like to do that in Lunenburg. He has obtained a special permit from the ZBA. He has
also appeared before the Planning Board whose hearing has been continued to July 27" due to abutters'
concerns regarding parking and location of vehicles. Mr. Inayat obtained a letter with the landlord and three
tenants signing off after he met with them. He also has a parking plan which indicates where the cars will be
located and the designated parking for tenants and customers as well. Discussion ensued regarding whether to
continue the hearing or make the license contingent on the Planning Board development plan approval.
Motion: B. Ebersole
2n°: P. Bertram
To continue the hearing to August 4* at 7:30 p.m.
Vote: All in Favor
Mr. Inayat thanked the Board for their time.
Current Business:
Notice of First Refusal for 150 & 164 White Street
Alan Foster, 164 White Street, presented concerning the above property. He stated he had purchased 75 acres
initially and 65 are in Chapter 61A. His home is on a parcel of land outside of the chapter land and he would
like to discontinue 11.13 of the chapter acres to be merged with his home. He would like to sell a total parcel
including his home consisting of 14.25 acres, of combined chapter and non-chapter land. Ms. Bertram requested
clarity due to the letter from Mr. Foster's attorney regarding an exemption from the statute regarding use of the
chapter land for a residence of the owner not being a conversion. She stated the residence already existed and is
questioning it because the Conservation Commission has expressed interest in the property. Mr. Foster reported
it was the State Forester who pointed out that this was the correct process to handle the request for separating
the 11.13 acres. He added he is prepared to pay the rollback tax if the Board will waive the Right of First
Refusal (ROFR). Mr. Foster stated he was informed the Conservation Commission had notified the Board of
Selectmen office that they were not interested as of this morning. He added the property he is selling has a dam
located on it that contains a 9 acre pond that must be maintained, especially during rain events. Clearly the
person who purchases and lives in the home is the person who should maintain the dam. He would like to be
able to move forward merging these two properties so it can be best maintained by someone who is on site.
Ms. Lafleur reported the Town received the ROFR request in June and sent it to legal counsel to ensure it met
all the legal requirements; there were some deficiencies and asked for a new letter from Mr. Foster. We
requested feedback from Planning Board, Open Space and Conservation Commission by July 17"h
. We have
heard back in writing from Planning Board and Open Space that they are not interested in the town exercising
its right. What Ms. Lafleur was told was that Conservation Commission had made no recommendation. Ms.
Bertram stated she was informed by Chair Bursch to convey its interest at this meeting. Ms. Lafleur stated the
===PAGE 4===
office requested at least twice that Conservation Commission put its recommendation or lack of
recommendation in writing. Ms. Bertram stated otherwise and that Conservation did not have enough
information to make a decision. Ms. Bertram also questioned whether the exemption would still apply if Mr.
Foster intends to sell the property. Ms. Lafleur stated the second letter of intent was only received yesterday so
she does not have an opinion from town counsel and can't answer Ms. Bertram's question regarding the
exemption. She added she was very clear in writing with all three boards asking for an opinion by July 17° and
asking them to let her know if they needed more time. It would have been helpful if we received a response
because we are not looking to rush people through the process.
Further discussion ensued regarding legality of the second letter of notice and the owner's attorney's
interpretation of the exemption of the statute. Ms. Bertram noted the Conservation Commission did not have the
sale price and the new letter before the 17'h
". They meet again on Wednesday, August 5". Mr. Toale pointed out
if the letter does meet the requirements of the ROFR, then the clock has started on the 120 day period of the
first refusal option. Mr. Ebersole noted since the Board appoints the Conservation Commission, the Board as
the appointing authority need to communicate strongly that they didn't follow through on the Town Manager's
request. This is our duty as supervisors.
Motion: B. Ebersole
2"d P. Bertram
To request Conservation Commission provide information and have Town Counsel review the second
letter and clarify the exemption statute
Vote: All in Favor
The Board will revisit again at their meeting on August 11*.
1) Interim Loan Instructions & Financial Agreement Instructions [ED-01.FID866556]
Ms. Lafleur referred the Board to the Interim Loan Note related to the Sewer Commission's extension
project for the Pratt Street area; an interim loan agreement with the Massachusetts Clean Water Trust in
the amount of $1,521,653. The interest rate is. 9 of 1%. When this is permanently financed we expect
the final interest rate will be 2%. This involves a lengthy vote that shall be read by the Clerk of the
Board. Mr. Alonzo read the Vote of the Board of Selectmen aloud into the record.
Motion: T. Alonzo
I, the Clerk of the Board of Selectmen of the Town of Lunenburg, MA, certify that at a meeting
held July 21, 2015, of which meeting all members of the board were duly notified and at which a
quorum was present, the following vote was passed, all of which appears upon the official record
of the board in my custody:
VOTED:
1) That the Town shall issue a bond or bonds in an aggregate principal amount not to exceed
$1,521,653 (the "Bonds") pursuant to C.29C and 44 of General Laws and votes of the Town passed
May 3, 2014 (Article 25), which authorized a total borrowing of $2,200,000, for the construction of
sewers and other water pollution control facilities identified in such votes (the "Project");
2) that in anticipation of the issuance of the Bonds the Treasurer is authorized to issue an interim
loan note or notes (the "Notes") from time to time in an aggregate principal amount not to exceed
$1,521,653;
3) that each Bond or Note shall be issued as a single registered security, and sold to the
Massachusetts Clean Water Trust (the "Trust") at a price determined pursuant to the Financing
Agreement;
4) that the Treasurer is authorized to determine the date, the form, the maximum interest rate and
the principal maturities of each Bond and Note, and to execute a Financing Agreement (or
Agreements) with the Trust with respect to the sale of the Bonds and Notes, such date, form and
maturities and the specific interest rate or rates of the Bonds and Notes to be approved by a
majority of the Board of Selectmen and the Treasurer and evidenced by their execution of the
Bonds or Notes;
5) that all action taken to date by the Town and its officers and agents to carry out the Project and
its financing, including the execution of any loan commitment or agreement by the Treasurer, are
hereby ratified, approved and confirmed and;
6) that the Treasurer and the other appropriate Town officials are each hereby authorized to take
any and all actions necessary or convenient to carry out the provisions of this vote, including
===PAGE 5===
execution and delivery of the Financing Agreements) and the Project Regulatory Agreements)
relating to the Project.
I further certify that the vote was adopted at a meeting open to the public, that no vote was taken
by secret ballot, that notice stating the place, date, time and agenda of the meeting (which agenda
included the adoption of the above vote) was filed with the Town Clerk and a copy thereof posted
in a manner conspicuously visible to the public at all hours in or on the municipal building that
the office of the Town Clerk is located or, if applicable, in accordance with an alternative method
of notice prescribed or approved by the Attorney General as set forth in 940 CMR 29.03(2) (b), at
least 48 hours, not including Saturdays, Sundays or legal holidays, prior to the time of the meeting
and remained so posted at the time of the meeting, that no deliberations or decisions in connection
with the sale of the Bonds or Notes were taken in executive session, and that the official record of
the meeting was made available to the public promptly and remains available to the public, all in
accordance with G. L. c.30A, §818-25, as amended. I further certify that the vote has not been
amended, supplemented or revoked and remains in effect on this date. Dated July 21, 2015
2'': B. Ebersole
Vote: All in Favor
The Board signed the certificate and Clerk Alonzo signed the vote.
2) Unitil Rate Case and Grid Modernization
Ms. Lafleur recapped that the Board had provided some questions to her to ask Unitil regarding grid
modernization, time of use rates, and associated costs at last week's meeting. She also had legal counsel
working on the Town filing as an intervener in the rate case. Ms. Lafleur reported today, July 21, the
Town as well as Town Counsel received the formal notice of the filing of the rate case dated June 29,
2015 with a deadline of July 13, 2015 to file a Petition to Intervene. Unitil sent the notice after the filing
deadline. Town Counsel will raise this issue with the Department of Public Utilities. Town Counsel
believes our petition will be granted even though it is filed late.
Ms. Lafleur stated there were questions from the Board regarding the grid modernization case. One
question was whether any of the proposed enhancements would be done on a cost neutral basis; this is
up to DPU to determine as part of the process. It appears Unitil would be looking to recoup whatever
costs associated with the modernization probably through a separate process. Another question asked if
there would be an incentive for using electricity at "off peak" hours. This is something DPU has asked
Unitil to look at as part of this program. No formal decisions have been made so far.
Mr. Toale asked if the two issues would be part of the hearing and would the Board acting as interveners
have an opportunity to be heard on them. Ms. Lafleur stated these are two separate cases, so she
wouldn't expect the above two questions to be addressed during the rate case. Unitil did ask for
comments on the grid modernization by the end of this month so we can incorporate these items in that.
Mr. Alonzo pointed out the rate case hearing is scheduled for August 12 in Fitchburg, which is the same
night the Kinder Morgan gas pipeline meeting is scheduled. Ms. Lafleur offered to draft comments for
the grid modernization reflective of the discussion and points made tonight.
Motion: P. Bertram
2"°: R. Ebersole
To authorize Chairman Toale to sign a letter on behalf of the Board
Vote: All in Favor
3) Fiscal Year 2016 Goals
Mr. Toale reported the Board had held a workshop and arrived at three goals with the assigned Board
members heading the topic for the upcoming year;
1) Storm Water Management Plan (Ms. Luck and Ms. Bertram) Ms. Bertram reported this is a
multifaceted issue. Three primary areas that need to be addressed are 1) storm water regulations, 2)
existing infrastructure, maintenance and management requirements, associated cost and capital
needs, and 3) regulations for MS4 - Existing and proposed NDES Storm water permit compliance
requirements and plan to meet those requirements. She also suggested a storm water utility be
developed, a system to bill property owners, a strong public education program, and creation of a
bylaw to establish the utility. Mr. Ebersole suggested the Water District become a member of the
===PAGE 6===
proposed subcommittee that was suggested to work on various aspects of storm water management.
Another suggestion made was on septic system maintenance program as a way to avoid extra
nitrogen from being discharged.
Mr. Toale asked are these the three big goals that we as the Board want to tackle and be measured on
either this fiscal year or long-term. Also, do we need other committees to participate and how much
time do we want to spend on this in terms of staff work time or as workshops?
2) Pavement Management Plan/Traffic Rules & Orders (Mr. Ebersole)
Mr. Ebersole reported we are still waiting for Town Counsel to provide final opinion on traffic rules
and orders. He has spoken with Police Chief Marino as well on these. He stated a need to explore
revenue sources and make projections for the future considering Chapter 90, town funds and
borrowing, consider betterments for certain roads in town, document qualified federal roads, and
improve the pavement management software and index. We need to ensure that residents can see
what roads are going to be worked on, look at drainage, whether it's storm water or not, do an
analysis on historical spending versus road miles, and adopt official maintenance and utility road
opening policies.
3) Economic Development (Mr. Toale and Mr. Alonzo)
Mr. Toale reported this is one component of the Town's overall long-term strategy. Economic
development is in competition with Land Use, Transportation, Natural Resources, Open Space,
Recreation, Housing, Community Services and Facilities. All Lunenburg residents, business owners,
and employees hold a stake in the Town's economic success. The following groups play a major
role in setting the economic development agenda and driving activities and deliverables to achieve
goals: Planning Board, Selectmen, Finance Committee, Conservation Commission, Historical
Commission, Building Reuse, Capital Planning as well as Sewer Commission, Land Use, DPW, and
Police and Fire Departments.
The hardest thing is to determine what it is the town wants to be and to fit this component in with
the other competing components. Information needs to be gathered via Town Meeting, surveys,
town website, public access channel, hearings and committee work. The Board would fine tune
the plan. Mr. Toale presented possible measurement metrics to track success or progress. They were
percentage of taxes paid, amount of undeveloped land zoned for business, employment rates, wealth
per capita and median incomes, housing cost burden, where residents work, travel times to work, the
number of jobs and employers in town and full-time versus part-time jobs.
It is recommended that the Board of Selectman set an achievable goal for FY16 that would define
activities during the fiscal year leading to the creation of an Economic Development Plan.
Mr. Toale reported some other items discussed were short term goals and Town Manager's goals.
Town Manager goals are vehicle inventory, department metrics, personnel evaluations, project status
worksheet/ outstanding items and requests, and creating job descriptions for all elected officials and
appointed board and committee members. Mr. Toale suggested setting another workshop date in
order to go to the next step in more detail. The date of August 25 at 6:00 PM for a workshop was
suggested. The goal for this workshop will be to define short term deliverables.
4) Minutes of April 14 and July 7, 2015 were approved. An Accounts Payable warrant in the amount
of $1,729,817.65 was presented for signatures.
Action File Issue
Mr. Alonzo reported the state is looking to expand the public records law; imposing new administrative
burdens, timelines and significant unfunded mandates on cities and towns. The bill would significantly reduce
the amount that communities can charge for complying with a public records request and expanding municipal
responsibilities. Communities would only have 15 days to comply on every public records request. Mr. Alonzo
suggested small towns should lobby against this. He added the Legislature continues to exempt itself from all
===PAGE 7===
aspects of the public records law. This expansion would have a very negative impact on the Town. Ms. Bertram
agreed and suggested the Board send a letter to our legislators voicing our concerns on this proposed legislation.
Mr. Toale concurred
6) Mass DOT Title VI/Non-discrimination Assurance Requirement
Ms. Lafleur reported MassDOT is requesting review and signature on the Federal Highway Administration Title
VI non-discrimination assurance. This asserts the community's commitment to not discriminate in any program,
service or activity supported by federal financial assistance. The assurance should be signed by the Chair.
Motion: T. Alonzo
2"d: P. Bertram
To authorize the Chair to sign the Title VI/Non-discrimination Assurance
Vote: All in Favor
7) Committee Reports:
Board of Health -continues to address failed septic system and systems that require upgrading in addition to
regular business; Building Reuse Committee- the RFQ for Building Needs Study is still out and we are waiting
for responses; Cable Advisory Committee-discussed the resident cable survey format, PACC business plan
and departmental, facility, and service needs for cable access: Capital Planning Committee- no report;
Conservation Commission-held several hearings, Lake Shirley Improvement Corp. will need to file a new NOI
for drawdown and herbicide and algaecide treatment with the Conservation Commission. The hearing is August
5". Finance Committee-Mr. Alonzo reported the Finance Committee Appointing Committee appointed
Mark Erickson and Terese Burchfield to the Finance Committee earlier this evening; there is still a vacancy on
the Finance Committee; Library Board of Trustees- no report; MART Advisory- no report; MPO- meeting
rescheduled to the 30"h
, Ms. Luck will be attending; the Summer Street project informational meeting is
tomorrow night; Planning Board-no report; PACC- no report; School Committee-no report; School Building
Committee- met today to sign warrants and a change order totaling $37,000; Sewer Commission-met on the
14'"' and is continuing work on grease trap compliance and infiltration inflow prevention; the Pratt Street sewer
project has begun; ZBA-meeting tomorrow upon the petition for a special permit for 59 Easter Brook Road for
a dimensional variation to create a new lot with reduced frontage in order to build a home.
Town Manager/Department Reports- Ms. Lafleur reported on the final Fiscal Year 2015 expenditure report.
There are also five transfer requests for expenditures totaling $14,442.62 as allowed under M.G.L. Chapter 44,
§33B, that will be brought to this Board after Finance Committee review. She stated we are closing the fiscal
year having expended $31.6 million with a surplus of just under $87,000. We have $241,544.08 encumbered
due to contracts in process at the end of the fiscal year, almost all between school and public works
departments.
Appointment of Election Officers: Ms. Lafleur noted the legal opinion provided on conflict of interest law as
appied when two part-time employees also serve as election officials. Any employee serving as an election
officer would need to file disclosure of interest with the Town Clerk office. Mr. Ebersole noted in the disclosure
trom one employee, she states that her services will be provided outside her normal working hours as a
municipal employee. He asked since state elections occur on Tuesdays, could we get clarification on whether
vacation or personal time counts as outside hours. This item and the election officers' appointments will be
placed on the next meeting agenda after the question is answered.
Appointment
Brian Leblanc has applied to be reappointed as Assistant Radio Operator.
Motion: B. Ebersole
To appoint Brian LeBlanc as Assistant Radio Operator
Public Comment: none
Motion: P. Bertram
To adjourn the meeting at 7:17 p.m.
2nd: T. Alonzo
Vote: All in Favor
2nd: B. Ebersole
Vote: All in Favor
RECEIVED & FILED
Respectfully submitted,
Claire In. Peterson
Elaine M. Peterson, Executive Assistant to the Town Manager
AUG 12 2015
LUNENBURG TOWN
CLERK OFFICE

========================================================================================
DOCUMENT : 2015-07-22-agenda-4937.txt
BOARD    : select-board
DATE     : 2015-07-22
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-07-22-agenda-4937.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07222015-4937
========================================================================================

===PAGE 1===
 
 
BOARD OF SELECTMEN 
 Wednesday, July 22, 2015;  7:00 pm  
    Lunenburg High School Auditorium 
1079 Massachusetts Avenue 
AGENDA 
 
  
 
 
 
7:00 PM  Mass DOT Summer Street/North Street Reconstruction Project  
                 Public Hearing  
 
                  Adjourn

========================================================================================
DOCUMENT : 2015-08-04-agenda-4938.txt
BOARD    : select-board
DATE     : 2015-08-04
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-08-04-agenda-4938.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08042015-4938
========================================================================================

===PAGE 1===
                                BOARD OF SELECTMEN 
August 4, 2015 
  7:00 PM – Town Hall 
     Bilotta Meeting Room, Second Floor 
                                        REVISED AGENDA 
 
In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being 
recorded and broadcast over Lunenburg Public Access. 
 
7:00 PM  PUBLIC COMMENT  
 
ANNOUNCEMENTS 
 
APPOINTMENTS  
7:00 PM Stillman Dairy Community Fair information– Marilyn Talley &  
              Lunenburg Turkey Hill Lions Club/Pres. Lisa Normandin- One Day Special License 
7:30A PM Pole Petition for 110 Sunset Lane 
7:30B PM Continuance of Class II Auto Dealer License Hearing – 10 Mass Avenue 
8:00 PM Conrad’s Drive-In Inc. - One Day Special License   
  
CURRENT BUSINESS 
1. Authorize LSIC as Agent for Town in Lake Shirley Order of Conditions 
2. Disclosure by Municipal Employee of Financial Interest Notice for Jan Carrier 
3. Amendment to School Project Funding Agreement/Total Project Budget 
4. ROFR 150 & A64 White Street- (continued to August 18) 
5. Townsend statement to EFSB 
6. Minutes/ Warrants/ Action File Issues 
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: 
 
INTERVIEWS/ APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS   
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) 
 
Reserve Police Officer- Jonathan G. May 
 
UPCOMING MEETING SCHEDULE    
August 11 5:30 PM in Townsend, MA Town Hall 
August 18 
August 25

========================================================================================
DOCUMENT : 2015-08-04-minutes-4938.txt
BOARD    : select-board
DATE     : 2015-08-04
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-08-04-minutes-4938.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08042015-4938
========================================================================================

===OCR macOS Vision===
===PAGE 1===
BOARD OF SELECTMEN
MEETING MINUTES
August 4, 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; Phyllis Luck,
Member and Town Manager Kerry Lafleur. The meeting opened at 7:00 PM with the Pledge of Allegiance.
Public Comment:
Mr. Alonzo congratulated the town band for completing their five week concert series, adding it was a great
event. He also announced the Library-sponsored "Great Cardboard Boat Race" at the Town Beach on Lake
Whalom on August 8t' at 5:00 p.m. Information is available at the Library. Rain date is Monday, August 10"
Mr. Ebersole noted the passing of Gus Misner, a former full-time police officer who also served as a Lunenburg
selectman. Ms. Luck thanked the Police Department for their diligent presence on Lake Shirley as well as
Shady Point who regularly contributes financially to the boat patrols.
Mr. Toale announced the First Annual Stillman Dairy Community Country Fair occurring on Saturday,
September 12'"
". This event is co-sponsored by the farm and Turkey Hill Lions Club. Proceeds will benefit the
Lunenburg Food Bank. He also thanked residents for coming out to the Water District meeting.
Elaine Mroz, 64 Chestnut Street, wanted to remind everyone about the upcoming meetings regarding the Kinder
Morgan pipeline. She encouraged the Board to attend these meetings as well.
Carl Luck, 50 Sunset Lane, stated he was here concerning the Lake Shirley discussion and asked for
consideration later in the evening when the discussion occurs.
Appointments
Marilyn Talley, 172 Peninsula Drive, presented more information regarding the Stillman Fair. Lisa Normandin,
Turkey Hill Lions Club President, was also present to request a Special One Day License for the sale of wine
and malt beverages. Wachusett Brewery and Downeast Cider will be vendors serving that day. Ms. Lafleur
asked the license be granted contingent on receiving the CORI and TIPS certification from Wachusett Brewery.
Motion: T. Alonzo
2nd: P. Bertram
To approve the one day special license for beer and wine license contingent on receiving the TIPs
certification and CORI application
Discussion: Ms. Bertram inquired about input from the Police Department. Ms. Normandin stated they
would have a detail present that day. Ms. Talley also wanted to thank Executive Assistant Elaine
Peterson for her assistance with the license application process.
Vote: All in Favor
Ms. Talley and Ms. Normandin thanked the Board.
Appointment of Jonathan C. May as Reserve Police Officer
Police Chief Marino presented to recommend Jonathan May be appointed as a Reserve Police Officer. Jonathan
May is currently employed full-time by the Fitchburg Fire Department. He has completed Police Academy, all
the physical and background check requirements, trained as a police intern, and will complete the field training
program, if appointed. Chief Marino believed he is a good candidate due to his educational background and
extensive training in a public safety field.
Motion: B. Ebersole
2"d. P. Bertram
To ratify the appointment of Jonathan May as Reserve Police Officer
Vote: All in Favor
===PAGE 2===
Authorize Lake Shirley Improvement Corporation (LSIC) as Applicant for Town in Lake Shirley Order
of Conditions
Joanna Bilotta- Simeone, 362 Sunset Lane, President of LSIC, stated they are working with the Conservation
Commission on two Orders of Condition (OOC); one for water drawdown for weed control and the other for
chemical treatment application on Lake Shirley, a/k/a Shirley Village Reservoir. She stated at the meeting it was
decided to combine them into one Notice of Intent for easier abutter notification. Also at the meeting it was
determined the Town should be listed as owner with LSIC as the applicant.
Richard Bursch, Conservation Commission Chair, confirmed there were two applications in 2007. The chemical
treatment was applied for and issued to LSIC. The drawdown was applied for by the Town and issued to the
Town as the owner of Lake Shirley Dam. He stated it would be easier to place both into one document this time.
He added when he had checked the Assessor maps, the Town comes up as the owner of Lake Shirley.
Mr. Alonzo stated the title search performed in 2009 on Lake Shirley, is inconclusive; it states the Town owns a
portion of the fee in the lake; the entire fee in the land upon which the dam is located, but the basin ownership is
unclear. He suggested following Town Counsel's advice to list the Town as an entity with a fee interest in the
lake. Ms. Bertram expressed some concern as there is no place on the Order of Conditions to state that.
Mr. Ebersole suggested it would be more appropriate for the chemical treatment to be applied for by LSIC
because LSIC clearly has interests in the lake and it is not clear whether the Town does. Discussion ensued on
who else has interest in the lake. Ms. Bertram asked for clarification on the requirement for identifying an
owner on an OOC from Mr. Bursch. Mr. Bursch stated the OOC asks for an owner so that work can't be done
on properties that the applicants don't have permission to work on.
Mr. Alonzo stated since the Town has some fee interest in the lake and barring anyone else claiming ownership
of the lake, the Town has the ability to allocate someone to be an applicant in order to do something on the lake.
Motion: B. Ebersole
2n°: P. Bertram
To authorize LSIC to be the applicant for a Notice of Intent for Lake Shirley for chemical treatment and
drawdown program to the extent that the Town has ownership in the dam and Lake Shirley and that the
Town has no financial liability involved in performing the treatment or drawdown
Discussion: Mr. Toale asked if this increases the Town's liability as a Town to allow an applicant to make a
request of the Conservation Commission to treat or not treat. Ms. Bertram believed so. Mr. Alonzo added no
more than we already have today.
Ms. Luck stated earlier today she had spoken with Deirdre Roney, General Counsel at the State Ethics
Commission, about her participation on this agenda item. Ms. Roney said "Municipal officials are prohibited
from participating in matters in which they have a financial interest, and are presumed to have a financial
interest in decisions about property they abut. Here, however, you are not being asked to make a decision about
the lake itself, but only about whether to appoint the Lake Association as the Town's agent for purposes of
making an application to the Conservation Commission concerning the lake. You do not have a financial
interest and believe you can be impartial, and therefore may participate after using the disclosure form to
divulge publicly and in writing that you own property on the lake and were previously a member of the Lake
Association. You should also make the same disclosure orally at the meeting tonight. Having made that
disclosure, you may participate in the matter."
Carl Luck, as a resident of Lake Shirley, stated he fully supports this program. As a resident he appreciates the
Town taking on more liability in order to do this. He expressed concern that over the past six or seven years
there has been a detailed OOC in place that has not been complied with, which could lead to increased liability
to the Town. He would like to encourage more vigilance on compliance by all those involved. The history of
past performance does not build a lot of confidence in him. Something needs to be done differently going
forward. Mr. Alonzo stated the LSIC has paid for the filing fees in the past. He suggested adding there is no
financial liability involved for the Town in performing the treatment or drawdown. Mr. Ebersole stated he
would agree to amend the motion to include this. Ms. Bertram seconded the amendment.
Vote: All in Favor
Mr. Ebersole asked the Conservation Commission to ensure the listed conditions are verifiable so that everyone
understands what is expected of them over the three year period. Mr. Bursch stated while the commission does
===PAGE 3===
oversee the project, the commission doesn't have any comment either way. He checked with the agent, Matt
Morrow, and he has been satisfied with the performance to date of the LSIC. There were algae problems and
when it was brought to the LSIC attention, they were receptive to trying to update their program and
implementing changes as directed. He felt confident he could work with LSIC in the future. Ms. Bertram asked
the commission to ensure they receive and review the monitoring reports.
Ms. Bilotta-Simeone stated that LSIC has raised and spent over $200,000 on Lake Shirley through residents
making donations. Mr. Ebersole suggested the Board, as owners, receive the reports that the Conservation
Commission receives from LSIC as well. Ms. Bilotta- Simeone stated all the reports are online at
www.Lakeshirley.com.
Ms. Luck read from the Special Conditions for the Lake Shirley Aquatic Management Program Order of
Conditions, "The LSIC will monitor algal populations and water clarity weekly beginning no later than mid-
June and continuing throughout mid-September. Samples will be collected from each of the three basins. An
algal expert will perform the algal identification and counts." Richard Bursch stated in the current order of
conditions it is not listed that they send the reports to us to review. Ms. Luck replied so, at the end of the year
you become aware that they have done this every week. To which Richard Bursch replied "Correct." Ms.
Bilotta-Simeone added Dominic and Jerry include that in their report. Ms. Bilotta- Simeone stated all the
reports are online at www.Lakeshirley.com. Ms. Bilotta-Simeone thanked the Board. Mr. Ebersole wanted to
inform the public the reason the Town is involved in this. In 1987 the Town received and accepted a deed in
order to receive state funding to repair the dam. Ms. Bertram stated she would like to discuss this at some point
because a condition of receiving the state funding was there had to be public access to the lake. She believed
land known as Stump Cove was turned over the Town. Anyone who has seen Stump Cove knows there is no
public access there. She believes the Town should look at providing public access. Ms. Bilotta- Simeone
confirmed that kayakers use Swamp Cove. There is no parking area located there. Mr. Toale stated it could be a
future agenda item.
Pole Petition - Sunset Lane
"In conformity with the requirements of Section 22 of Chapter 166 of the General Laws (Ter. Ed.), you are hereby notified that a
public hearing will be held at the Town Hall, 17 Main Street, 2nd Floor, in the Joseph F. Bilotta Meeting Room, Lunenburg, MA, on
Tuesday, August 4, 2015 at 7:30 p.m. upon petition of Fitchburg Gas & Electric Light Company, for permission to erect or construct,
and a location for, a line of wires, poles and such other fixtures as may be necessary to sustain or protect the wires of the line, for the
transmission of electricity, upon, along, across, or under the following public ways of said Town: Sunset Lane
Approximately 900 feet north of Robbs Hill Road, installing one new sole owned pole for service to 110 Sunset Lane,
Lunenburg Unitil Plan No. 961-L dated 6/30/2015
Location approximately as shown on plan attached. Wherefore it prays that after due notice and hearing as provided by law, it be
granted a location for and permission to erect and maintain poles and wires, together with such sustaining and protecting fixtures as it
may find necessary, said poles to be erected substantially in accordance with the plan filed herewith marked. Also for permission to
lay and maintain underground laterals, cables, and wires in the above or intersecting public ways for the purpose of making
connections with such poles and buildings as each of the petitioners many desire for distributing purposes. "
Jim Dee of Unitil reported a new pole line was needed on Sunset Lane because the original construction pole
line goes through the woods on the lakefront for camps. Since then a new pole line has come down the street
and one by one Unitil has been taking their lines off the lakefront construction pole and moving them to the
street. There are four more residences that need to come off the street before Unitil can remove the old poles
and wires off the lakefront. This is one pole for secondary wires and cable to serve Sunset Lane.
Motion: B. Ebersole
To approve the location of the pole on Sunset Lane approximately 900 feet north of Robbs Hill Road as
proposed on plans as submitted
2^°: T. Alonzo
Vote: All in Favor
Continuance of Class II Auto Dealer License Hearing for 10 Mass Avenue
Mr. Toale reopened the hearing. Mr. Inayat reported he had met with the Planning Board and all of their
conditions were met. Mr. Alonzo asked for clarification on the plot plan. Mr. Inayat stated the areas indicated
are the buildings located at 6 and 10 Mass Ave., he will be leasing the side of the rectangular building shown on
the plan. That is located at 10 Mass Ave. Mr. Toale closed the public hearing.
===PAGE 4===
Motion: B. Ebersole
2':P. Bertram
To approve the Class II Auto Dealer License located at 10 Massachusetts Ave. per their application and
subject to Planning Board and Zoning Board of Appeals requirements
Vote: All in Favor
Mr. Inayat thanked the Board and exited the meeting.
2) Disclosure by Municipal Employee of Financial Interest Notice for Jan Carrier
Ms. Lafleur reported Conservation Commission Administrative Assistant Jan Carrier is one person
recommended for appointment as an Election Officer position and because she is a municipal employee, she
had been advised to file a Disclosure of Financial Interest by a Municipal Employee. The Board of Selectmen
acting as the appointing authority of the election officer position should provide a ruling on this disclosure
statement. Discussion ensued on whether to designate the positions as Special Municipal Employees. Ms.
Lafleur noted it should be listed on the next meeting agenda but the Board could act on the disclosure this
evening.
Motion: B. Ebersole
To accept the disclosure by municipal employee of financial interest notice submitted by Jan Carrier
2"d: P. Luck
Vote: All in Favor
Conrad's Drive-In Inc. One Day Special License - 835 Massachusetts Avenue
David Leet appeared regarding the license application for a one day special license for beer and wine on August
6, 2015. This is a for profit event; the 3*° Annual Cruise Night. A police detail has been arranged. Police Chief
Marino had no issues with the license.
Motion: T. Alonzo
To approve the special one day license for Conrad's Drive- In, Inc. for Saturday, August 6, 2015 from
5:00 to 9:00 PM
2^d: P. Bertram
Vote: All in Favor
Mr. Leet thanked the Board and exited the meeting.
3) Amendment to School Project Funding Agreement/Total Project Budget
Loxi Calmes, School Superintendent, reported on October 21, 2014, the Massachusetts School Building
Authority (MSBA) entered into an agreement for project funding with the Town. She presented an amendment
to the agreement after bid adjustments, as the original agreement had been based on estimates. The estimated
maximum total facilities grant is listed at $34,122,826. The maximum facilities total facilities grant is listed as
$34,397,907. The basis of the estimated total facilities grant is $57,727,671. She stated there is no change based
on the feasibility study agreement. There is no change in the administration subtotal, nor are there changes in
architectural/engineering or site acquisition. The numbers under the construction cost have been changed to
reflect the bids that were awarded as part of this process from the previous amount of $59,577,028 to
$57,994,017. Likewise, items that were excluded from the basis of estimated total facilities grant or otherwise
ineligible has been adjusted from $11,000,000 to $10,052,403. The total project budget is now $67,820,074,
adjusted from a previous amount of $69,396,785. Excluded ineligible items from the basis of estimated total
facilities has been adjusted to $10,092,403, bringing the basis of estimated total facilities grant to $57,727,671,
reduced from the previous number of $58,378,108.
Design enrollment remains at 820 students. The total building gross floor area did not change and remains at
169,018 (GSF). Reimbursement rate will be at 59.11 percent.
Construction contingencies have been increased to $4,170,774 from the previous amount of $2,978,531. The
maximum total facilities grant after all other contingencies is $34,397,907, bringing the total project budget to
$72,590,848. She concluded the review stating this is brought before the Board for their consideration and
signature.
Mr. Alonzo noted the calculation on the contingencies table appeared incorrect. Ms. Calmes stated she would
go back and recheck but believed it was the reimbursement rate because it reflects that percentage of what was
eligible. She added it could also include the recapture relative to the other heating project and will double check.
Ms. Calmes then gave a brief update on the school construction.
===PAGE 5===
Motion: B. Ebersole
2nd: T. Alonzo
To approve the first amendment to the project funding agreement between the Town of Lunenburg and
the Massachusetts School Building Authority as presented
Ms. Bertram suggested amending to authorize the Chairman to sign the amendment on the contingency
that we investigate the maximum total facilities grant. Mr. Ebersole amended his motion subject to
clarification of the difference between potential additional contingency grant funds and the maximum
total facility grant not reflecting that entire amount. Mr. Alonzo stated his second would reflect that
contingency.
Vote: All in Favor
4) Mr. Toale stated the ROFR for White Street has been moved to the agenda on August 11" due to the
Conservation Commission holding their meeting on August 6h
5) Townsend Statement to Massachusetts Energy Facilities Siting Board (EFSB)
Mr. Toale presented the comment to the EFSB drafted by resident Elaine Mroz. He asked for comments. Mr.
Alonzo did not believe there were any new rights of way as described in the draft when Kinder Morgan did their
expansion in 2009. He believed the easement was already there. He also noted the word contractor should be
changed to sub-contractor for clarity.
Mr. Toale stated the EFSB meeting is August 6 at 7:00 PM at the Lunenburg High School and a Board
member should submit this letter there. There is also the Federal Energy Regulatory Commission (FERC)
meeting on August 12"h
at the Lunenburg High School at which time we should submit the Board's
proclamation noting our position on the pipeline in general. Mr. Toale stated the DPU hearing (on Unitil) is the
same night, on August 12'.
• Ms. Lafleur stated the Board should be present at both meetings. The date for the
second public hearing has not been set yet. Mr. Ebersole offered to attend the DPU meeting. Mr. Alonzo asked
if this Board has gotten any feedback from the Conservation Commission due to some sensitive areas noted on
the map, Ms. Lafleur stated we have not received anything from them. Ms. Bertram suggested the Conservation
Commission consider this on their meeting on the 19th.
'. Ms. Lafleur noted FERC is accepting environmental
impact statements until August 31%t
' Elaine Mroz stated she was a little distressed the Town wasn't formally
notified by the MA EFSB of this meeting. Their comment period ends on August 13", MA EFSB don't really
have any decision making authority. The Board discussed these upcoming meetings and discrepancies with the
maps provided by Kinder Morgan.
Mr. Ebersole asked the Town Manager to post the maps on the town website. Ms. Lafleur stated they are
already posted on the Town website home page under Public Notices. Mr. Alonzo urged residents to attend and
voice their concerns. Ms. Mroz suggested the Board contact their State Senator regarding this issue. Mr. Alonzo
suggested contacting both Senators and State Representative Tsongas as well. Ms. Lafleur confirmed we have
already been in contact with Rep. Tsongas' office. Mr. Toale thanked Ms. Mroz for all the work she has done to
date.
Mr. Toale stated the joint meeting with the Townsend Selectboard on August 11' has been cancelled by them
and he sees no reason to meet with Townsend after the public hearing on the 12'. Mr. Alonzo asked if
Townsend does want to reschedule what would be the reason for meeting. Mr. Ebersole pointed out that this
Board already had Townsend's statement and agrees with it.
Mr. Toale stated the ROFR for White Street has been moved to the agenda on August 11" due to the
Conservation Commission holding their meeting on the 6* regarding the land.
Minutes of April 14, 2015 and July 7, 2015 were approved. The first commitment of fiscal year 2016 for the
Lunenburg Water Department in the amount of $6,644.37 was presented. An accounts payable warrant
amounting to $498,171. 24 was presented, as well as a school construction project warrant totaling $3,803,794.
80.
6) Action File Issue
===PAGE 6===
Mr. Ebersole stated one item was the Animal Control Officer job description. It will be discussed at a later date.
7) Committee Reports:
Board of Health -no report; Building Reuse Committee- meeting this Friday to review responses on the RFQ
for Building Assessment & Space Needs Study; 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-Ms. Bertram commented that the Summer Street
hearing was held and was well attended, most attending were in favor; some were concerned about parking,
there will be onsite walkthroughs; Ms. Luck attended the MPO meeting with Ms. Lafleur on July 30t.
, the TIP
was voted favorably; there was an adjustment to the 2018 TIP- a Hubbardston project was removed to keep
under the fiscal cap; Leominster Mayor Mazzarella was appointed by Governor Baker to the MA DOT Board of
Directors; he will represent communities outside of Boston; Planning Board-no report; PACC- no report;
School Committee-workshop on August 13th on the school department master plan; School Building
Committee- no further report; Sewer Commission- no quorum at the last meeting; ZBA- no report
Town Manager/Department Reports- Ms. Lafleur reported the Town did file two petitions for intervener
status on both Unitil rate cases (electric and natural gas), we have not received word that they have been
accepted because we filed late, they know why we filed late. There is a hearing on August 12 and she will
draft some comments for the Vice Chair to present at the meeting.
Ms. Lafleur is in the process of scheduling an Open Meetings law workshop with Town Counsel, we are
looking at September 28 or 30, in the evening. More will come later on the final date, whichever meets most
departments' schedules. It will probably be in the Library meeting room and recorded for those who can't
attend.
APPOINTMENTS
Motion: T. Alonzo
2nd. P. Luck
To approve the appointment of the following Election officers as written on the agenda
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)
Vote: All in Favor
Mir. Toale announced the next meeting will be on August 11 at 7:00 PM in Lunenburg.
Public Comment: none from the public.
Mr. Ebersole noted the Public Records Law has gone back to committee; in the meantime the Secretary of
State has filed an initiative petition to get the public records law change on the next ballot.
Motion: P. Bertram
To adjourn the meeting at 8:55 PM
2ºª: T. Alonzo
Vote: All in Favor
Respectfully submitted,
Claire m. Petesor
Elaine M. Peterson
Executive Assistant to the Town Manager

========================================================================================
DOCUMENT : 2015-08-11-agenda-4939.txt
BOARD    : select-board
DATE     : 2015-08-11
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-08-11-agenda-4939.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08112015-4939
========================================================================================

===PAGE 1===
 
BOARD OF SELECTMEN 
August 11, 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. Vote to Release Chapter 61A Option to Purchase Land at 150 & 164 White Street 
2. Disclosure of Appearance of Conflict of Interest as required by C.L. c. 268A §23(b)(3) for Paul 
Scheipers 
3. Testimony for Unitil Hearing 
4. Special Municipal Employee designations for Board of Registrars, Warden, Deputy Warden, 
Election Clerks: Election Inspectors and Deputy Inspectors 
5. Minutes/ Warrants/ Action File Issues 
6. 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 
7. Town Manager Reports or Department Reports: 
 
 
INTERVIEWS/ APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS   
Council on Aging Director appointment – Susan Doherty 
 
UPCOMING MEETING SCHEDULE    
August 18  
September 1 
September 8

========================================================================================
DOCUMENT : 2015-08-11-minutes-4939.txt
BOARD    : select-board
DATE     : 2015-08-11
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-08-11-minutes-4939.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08112015-4939
========================================================================================

===OCR macOS Vision===
===PAGE 1===
I put lip.
BOARD OF SELECTMEN
MEETING MINUTES
August 11, 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 Phyllis Luck,
Member. Town Manager Kerry Lafleur was not present. The meeting opened at 7:00 PM with the Pledge of
Allegiance.
Public Comment: Ms. Bertram announced the passing of David Shea, a longtime resident, on August 8".
Mr. Alonzo reported another longtime resident, Seymour "Sy" Schnuer passed away on August 7"
: The Board
expressed their condolences to both families.
Mr. Toale announced two very important public hearings this week; the first is the Federal Energy Regulatory
Commission (FERC) meeting which is reviewing the proposed Kinder Morgan gas pipeline on August 12'" at
7:00 PM at the Lunenburg High School, and the other is the Department of Public Utilities, also on August 12th
at 7:00 PM, at the Fitchburg Memorial Middle School, regarding Unitil's rate increase request. He encouraged
all citizens to attend either of these meetings. Mr. Alonzo stated it is important of the Lunenburg residents to
attend either of these meetings and let these officials hear their opinions. He added there will be another hearing
by the DPU due to the conflicting time of the two meetings.
Appointments
Mr. Toale read a memorandum from Town Manager Kerry Lafleur to the Board. Last month a screening
committee was formed to make recommendations for a candidate for the position of Council on Aging Director.
The members of the committee were Pete Lincoln, Council of Aging Chairman: Phyllis Luck, Board of
Selectmen member, and Ms. Lafleur. The position was advertised and four candidates were selected to be
interviewed by the screening committee. The candidate being recommended tonight is Sue Doherty. She has
been an employee of the Town for 21 years, 19 of which was with the Council on Aging. She has extensive
knowledge of COA operations and also has many ideas and suggestions for improvements. She has done a great
job during her term as acting COA Director, additionally Ms. Doherty has full support of the Council of Aging
as well as many of the seniors who attend the COA events and activities.
Motion: T. Alonzo
2"d: P. Bertram
To appoint Sue Doherty as Council on Aging Director on the recommendation of the Town Manager and
Screening Committee
Discussion: Ms. Luck noted that committee interviewed four very qualified candidates and it was a tough
decision, but Ms. Doherty's experience and working knowledge of the Council on Aging and its mission
and actions clearly gave her the edge. She looks forward to working with her. Ms. Bertram stated she has
worked with Ms. Doherty dealing with aging parents and she has been a wealth of knowledge and it's
very easy to see in her environment how much the elders appreciate her and what a great job she does.
She added she was very happy to see her come forward for this position. Mr. Alonzo pointed out the two
previous COA Directors in support of her nomination and her appointment so that meant a lot to him
and the support that she has in that arena.
Vote: All in Favor
Mr. Toale congratulated Ms. Doherty. Applause arose in the room. Ms. Doherty thanked the Board.
1. Vote to Release Chapter 61A Option to Purchase Land at 150 & 164 White Street
===PAGE 2===
Mr. Toale reported the last Board to consider the Chapter 61 land, the Conservation Commission, had met last
week and voted against recommending that the Town exercise its Right of First Refusal. Mr. Foster, 164 White
Street, requested the Board vote to not exercise its Right of First Refusal on the property.
Motion: P. Bertram
To not exercise the Town's Right of First Refusal on the Chapter 61A land containing 11.13 acres located
at 150 and 164 White Street
2'°: T. Alonzo
Vote: All in Favor
Mr. Foster thanked the Board.
2. Testimony for Unitil Hearing
Mr. Toale asked the Board members if they had reviewed the draft statement for the public hearing regarding
the Fitchburg Gas and Electric Light Company Hearing (D.P.U. 15-80). Mr. Alonzo stated he had no issue with
the draft but pointed out that one of the items Unitil had requested was automatic rate increases. He wondered
how the Department of public Utilities could allow that. He again encouraged people to voice their concerns
either orally or in writing. Mr. Toale agreed and also hoped the issue of inability to install residential solar
installations is brought up to start the conversation on that. Ms. Bertram believed it would be as Unitil has
alluded to it as part of the rate increase; in order to improve and upgrade the existing infrastructure. She added if
it doesn't come up, she will probably bring it up. Mr. Toale stated there was no motion needed on this draft.
3. Special Municipal Employee designations for Board of Registrars, Warden, Deputy Warden,
Election Clerks: Election Inspectors and Deputy Inspectors
Mr. Toale reported this designation is to avoid potential conflict of interest as discussed previously by the
Board. Mr. Ebersole stated it is actually a conflict of interest for a municipal employee to hold two paid
positions.
Motion: R. Ebersole
2"': P. Bertram
To designated the following as Special Municipal Employees; Board of Registrars, Election Warden,
Election Deputy Warden, Election Clerks, Election Inspectors and Election Deputy Inspectors
Vote: All in Favor
Minutes of July 21, 2015 were presented for approval.
Warrants: A school custodian payroll warrant in the amount of $1937.66 was presented as well as the school
custodian payroll deductions warrant in the amount of $140.08. Accounts payable warrant in the amount of
$40,474.43 was presented. A payroll warrant in the amount of $496,430.79 along with the payroll deductions
warrant in the amount of $410,141.60 was presented.
Action File Issues
Mr. Toale stated he serves on the Cable Advisory Committee meeting and will be able to make the next meeting
on August 17". But he also serves on the Building Reuse Committee which meets around the same time as the
Cable Advisory Committee. He will be resigning from the CAC and asked if any other Board members were
interested in serving on this committee. No interest was shown by the other board members.
Committee Reports:
Board of Health -no report; Building Reuse Committee- met on the 7 and reviewed Requests for
Qualifications from the respondents, the committee has invited two firms to be interviewed on the 17" and they
Will make recommendations to the Board of Selectmen afterwards; Cable Advisory Committee- meets on the
17th; Capital Planning Committee- begins work again the first week of September; Conservation
Commission-met on the 5"h; there were several hearings; one discussion was on Lake Shirley herbicide
treatment and drawdown and the order of conditions; a lake management plan by Lake Shirley Improvement
Corporation will be requested by the Commission, the hearing has been continued to the 19'"h
* commissioners
are being asked to submit any questions in advance of the continued hearing; other violations and enforcements
were discussed; Finance Committee-meets on the 13th; Library Board of Trustees- no report; MART
Advisory- there was a meeting of the MART Finance Committee on August 5",
, the Unit 8 analysis as of June
30th shows a net surplus, which is the first one in years; other items discussed were formation of committees to
address executive compensation and an auditing subcommittee, Mr. Ebersole requested some feedback on the
===PAGE 3===
number of riders on the extended route. Ms. Luck will follow up. MPO- the August meeting was cancelled;
Planning Board-Mr. Ebersole noted they are beginning to review the entire zoning bylaw; PACC-they are
working on gathering information for the Cable Advisory committee for the license renewal negotiations; they
are also continuing to review their policies and procedures on a monthly basis; one vacancy remains on their
committee; School Committee-the asbestos abatement project at Turkey Hill was completed last Friday;
census data used to determine the Title 1 allocation for school districts revealed in Lunenburg the number of
families at the poverty level increased from 131 to 312; the system allocated $350,478, up from $123,00 from
last year, the funding will be used to hire two new reading specialists for the Title 1 program; a budget update
was presented; Chapter 70 budget was $5,834,483 and the town budget projected $5,808,799. A town meeting
vote is needed to allocate the additional revenue. The circuit breaker was fully funded, no final numbers
released yet. The kindergarten grant of $34,000 was restored by the legislature. There is a meeting on Thursday
and there is a workshop on goal setting and strategic planning afterwards. School Building Committee-meets
Thursday; Sewer Commission- is meeting tonight, the sewer project has begun; ZBA- no report
Mr. Toale stated the next meeting is on August i8t
and then on September Is. The Board will hold their next
workshop on September 8t'
continuing on goal setting.
Public Comment:
Sally Jahriss presented her resume to the Board regarding her upcoming request to be appointed to the Cultural
Council. She stated she has been in the arts since age ten; she has a Master's Degree in Arts Education and
wants to contribute to the community. Mr. Toale thanked her for coming in and will have her come back as
soon as possible. Ms. Bertram suggested Ms. Jahriss attend one of the Cultural Council to get a feel of what
they do. She thanked the Board.
Ms. Luck reminded everyone the Lions club Pancake breakfast is tomorrow morning.
Motion: P. Bertram
To adjourn the meeting at 7:32 PM
2"d: P. Luck
Vote: All in Favor
Respectfully submitted,
Elaiem. Petetson
Elaine M. Peterson
Executive Assistant to the Town Manager

========================================================================================
DOCUMENT : 2015-08-18-agenda-4940.txt
BOARD    : select-board
DATE     : 2015-08-18
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-08-18-agenda-4940.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08182015-4940
========================================================================================

===PAGE 1===
 
BOARD OF SELECTMEN 
August 18, 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 All Alcohol On Premise Liquor License hearing for ZEDAS, 1 Main St.;includes 
              Common victualer license and automatic amusement devices (3) 
7:15 PM Toll Booth Fundraiser request for Boys & Girls Club of Lunenburg for Sept. 12 
7:30 PM Sally Jahriss – Cultural Council appointment request 
  
CURRENT BUSINESS 
1. Change Orders #1 & #2 for Lunenburg Middle/High School Building project 
2. Final Chapter 44 & 33B Transfers & Expenditures  
3. Earth Removal Permit Renewals 
4. Minutes/ Warrants/ Action File Issues 
5. Policies & Procedures for Health Insurance 
6. 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 
7. Town Manager Reports or Department Reports: 
 
 
INTERVIEWS/ APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS   
Resignation from Finance Committee- Caroline Griffis 
 
UPCOMING MEETING SCHEDULE    
September 1 
September 8- workshop meeting 
September 15

========================================================================================
DOCUMENT : 2015-08-18-minutes-4940.txt
BOARD    : select-board
DATE     : 2015-08-18
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-08-18-minutes-4940.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08182015-4940
========================================================================================

===OCR macOS Vision===
===PAGE 1===
BOARD OF SELECTMEN
MEETING MINUTES
August 18, 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 Lafleur. Paula Bertram, Member, was not present. The meeting opened at 7:00 PM with the Pledge of
Allegiance.
Public Comment:
Mr. Toale announced there are still several vacancies on Town committees and boards; Finance Committee,
Public Access Cable, Cable Advisory, Building Reuse, Architectural Preservation District Commission and the
Parks Commission. Talent bank forms are available in various town buildings and on the website.
Mr. Alonzo thanked those who attended the Federal Energy Regulatory Commission (FERC) gas pipeline
hearing on August 12"
". The majority of those attending were against it. The comment period is still open.
Mr. Ebersole attended the Department of Public Utilities Unitil rate hearing that same night. He stated everyone
who spoke was against it. He stated he presented the testimony that was drafted by the Board.
Appointments
1) All Alcohol On Premise Liquor License hearing from ZEDAS for 1 Main Street
Mr. Toale read aloud the hearing notice: "The Lunenburg Licensing Authority will hold a
public hearing on August 18, 2015 at 7:00 PM in the Town Hall, Joseph Bilotta Meeting
Room, 2nd Floor, 17 Main St., on the application submitted by Lunenburg ZEDAS, Inc.
for an All Alcohol License, located at 1 Main St., Lunenburg, MA. The premises is
described as single story comprised of a lobby/take out order; order pickup area, bar area
with exit to a 22 x 20 ft. patio, main dining area, men's and women's h/e accessible
restrooms, mop room, office/storage area, utility room. The main kitchen is comprised of
an order area, cook kitchen, sink room, prep kitchen with entrance/exit to employee
parking area."
Applicant Alan Wernick and Manager Adam Wernick came forward. Ms. Lafleur stated the application was
complete. She noted the diagram showing the interior and exterior floor plan indicates service to an outdoor 20'
x 22" patio. This needs to be reviewed by the Zoning Board of Appeals (ZBA) for a Special Permit. The
applicant is in the process of applying to the ZBA.
Mr. Toale stated the applicant has a few choices; the Board can continue the hearing to another time and
consider the entire application or they can address just the interior floor plan tonight. The applicant can apply
for a revision at a later date to include the exterior patio after the ZBA decides on the special permit. Mr.
Wernick asked if the Board could allow the license to include the exterior patio contingent on the ZBA ruling
and if it doesn't pass, it is a moot point. Mr. Wernick stated the patio would be a fenced in area and did not plan
on constructing it until next spring. He added to reapply to the Alcohol Beverage Control Commission (ABCC)
involves cumbersome paperwork and additional fees to be paid to the ABCC. He stated he just found out about
this requirement today and he doesn't want the outdoor patio unless he can serve alcohol there. Mr. Wernick
described a rod iron fence with landscaping around it and café style tables with umbrellas that created a quaint,
inviting look for the patio. He has a vision of a family friendly sit down restaurant serving pizza and a local
seasonal menu. He also wanted to have brunch on Saturdays and Sundays. He stated he was not looking for a
night club atmosphere. The bar is separate so teenagers can come in for a pizza without passing through it.
Proposed hours of operation concerning the serving alcohol would be Monday through Thursday 11:00 AM to
11:00 PM, Friday and Saturday 11:00 AM to 12 Midnight, and Sunday 10:00 AM to 11:00 PM.
===PAGE 2===
Motion: T. Alonzo
2": P. Luck
To approve the All Alcohol Restaurant License for Lunenburg Zedas Inc. for 1 Main St. with the hours listed as
presented
Discussion: Mr. Ebersole moved to amend the motion "subject to ZBA approval for the exterior area and any
restrictions imposed by ZBA." Mr. Alonzo accepted the amendment. Ms. Luck seconded. Mr. Wernick stated
the motion wording makes it appear the entire license would not be approved subject to the ZBA decision. Mr.
Alonzo requested Ms. Luck rescind her second. She did.
Motion: T. Alonzo
2": P. Luck
To approve the All Alcohol Restaurant License for Lunenburg Zedas Inc. for 1 Main St. with the hours
listed as presented with the stipulation that the service of alcohol in the outdoor area is subject to
approval of the ZBA
Vote: All in Favor
Motion: R. Ebersole
To approve the automatic amusement devices license (1 crane game, 1 video game, 1 pinball machine)
2"': T. Alonzo
Vote: All in Favor
Motion: R. Ebersole
To approve the Common Victualer license for 1 Main Street
2': T. Alonzo
Vote: All in Favor
Mr. Wernick thanked the Board. He stated he was hoping to open by Labor Day for food service. The Board
signed the Common Victualer and the Automatic Amusement Devices licenses as well as the Form 43 for the
ABCC.
2) Toll Booth Fundraiser request for Boys & Girls Club of Lunenburg for Sept. 12
Mr. Toale asked if anyone was present for the tollbooth request. No one came forward. Mr. Toale read the
written request from Mark Souza asking for two toll booth locations; one at the intersection of Electric Avenue
and Whalom Road and the other at Main Street and Massachusetts Avenue from 9 am to 12 Noon on September
12. There is no rain date.
Motion: R. Ebersole
To approve the request as presented for both locations subject to having only adults in the road area,
people wearing reflective clothing and police guidance.
2^ P. Luck
Vote: All in Favor
Mr. Toale stated the 7:30 pm appointment had to cancel and will need to be rescheduled.
CURRENT BUSINESS
1) Change Orders #1 & #2 for Lunenburg Middle/High School Building project
School Superintendent Loxi Calmes presented budget revision #2 and #3, tied to change orders approved by the
School Building Committee. The Massachusetts School Board Authority (MSBA) is requesting a transfer of
funds from the budget contingency line into the construction change order line.
Change Order #2 Budget Revision Request #3 is for $37, 417 to be moved from Construction Contingency to
Construction Change Orders.
Change Order #1 Budget Revision Request #2 is for $51,378 to be moved from Construction Contingency to
Construction Change Orders.
Motion: T. Alonzo
To approve the budget revision requests as presented
2^d: P. Luck
Vote: All in Favor
2) Final Chapter 44 & 33B Transfers & Expenditures
Ms. Lafleur reported this item is associated with the final closeout of Fiscal Year 2015. These items were
presented to the Finance Committee at their meeting last week. There are a total of seven transfer requests that
are being presented this evening in five different areas.
The first transfer request is for Police Injury Leave in the amount of $5600.65. There has been an officer out for
an unexpected extended period of time. Additional Police/Fire medical expenses were needed in the amount of
===PAGE 3===
$165.91. The former Council on Aging Director had some accrued vacation time remaining upon leaving
Lunenburg's employment. This unanticipated payout was not budgeted and $1,480.22 is needed. Veteran
Benefits in the amount of $2,551.29 have also been requested since budgeted. The Recycling Program share
costs require an additional $8,267.27 in order to close out fiscal year 2015.
Motion: R. Ebersole
2"': P. Luck
To approve the transfers presented under M.G.L. Chapter 44, § 33B in the amount of $18,065.34
Vote: All in Favor
Fiscal Year 2015 Budget End
Revenues Report: Ms. Lafleur reported on how fiscal year 2015 ended. Revenue was expected to be around
$31,596,569. Actual receipts. were $31,842,143, or $245,574 more than anticipated.
Property tax collections were strong at 98.77% of estimates as of June 30, 2015. Local receipts came in strong;
13% higher than anticipated at $323,232. The Local Option Meals tax collections was $13,473; 16% higher
than anticipated.
School Department revenues received were $77,600; higher than estimated mostly due to Special Education
reimbursement.
Ambulance revenues were up close to 7% or $15,000 due to the fee schedule increase that became effective
July 1, 2014.
Investment income was significantly higher than originally anticipated, $38,000, due to the ability to invest
bond proceeds for the school construction project.
Motor vehicle excise receipts collected were up by about $43,000 or close to 3%.
Expenditures: Ms. Lafleur reported expenditures were under spent by $69,764 in fiscal year 2015. Ms. Lafleur
stated there were also Function Code Transfers; these are administrative transfers within categories of Town
Meeting authorization. One such transfer in the amount of $16,902 was into Legal Expenses, paid toward
associated expenses above the appropriation related to Hollis Hills 40B development. Total legal expenses came
to $116,902, which is below what has been spent over the past four previous years. Another transfer in the
amount of $8,107 was to Police Lockup, over and above the additional appropriation of $28,200 made at
Annual Town Meeting. Total expenditures for Police Lockup were $82,107. This is due to increased arrests and
weekend detainments.
Notable Under Expenditures:
Interest for temporary loans was $13,203 less than budgeted as the town went with permanent financing for the
majority of the school building project. In the Technology Department there was a turn back of $7,940 from a
temporary position vacancy and reduction in hardware maintenance costs.
The Lunenburg Public Library turned back $20,848.11; $8,920 in the Director's Salary line resulting from IOD
leave (partial salary was paid via Worker's Compensation Insurance) and $6,224 in staff salaries resulting from
some short term position vacancies and $5,335 in library materials.
Ms. Lafleur noted more detail could be seen by reviewing the FY? 2015 Appropriation Balances and the
FY'2015 Year to Date Budget Report. The $245,574 and the expenditures less than appropriations, $69,764, is
the starting point of the Free Cash Calculation of $315,338. The Town is required to reserve from this amount
for a number of items such as resident tax refunds. The Free Cash calculation when finalized will be shared with
the Board once it is prepared.
3) Earth Removal Permit Renewals
Ms. Lafleur reported there are fifteen permits up for renewal. Only four have had activity over the last year.
Permit #8 is not being renewed this year and the site has been 100% restored. The Building Inspector's
inspection comments are provided on a spreadsheet.
Motion: R. Ebersole
2"d: T. Alonzo
To approve the following earth removal permits:
#1 Ralph Montouri, 186 Massachusetts Avenue,
#14 P.J. Keating, west side of Fort Pond Road adjacent to Lancaster,
#15 P.J. Keating, northerly of Leominster- Shirley Road and westerly of Reservoir Road, both sides of
Boston & Maine Railroad,
===PAGE 4===
#16 P.J. Keating, Parcel 11, 170 acres, lying northerly of Leominster- Shirley Road and easterly of
Reservoir Road, on both sides of Boston & Maine Railroad and both sides of Round Road,
#17 P.J. Keating, southerly of Leominster- Shirley Road, and easterly of Fort Pond Road,
#18, P.J. Keating, southerly of Leominster-Shirley Road, and westerly of Fort Pond Road,
#19 P.J. Keating, easterly of Shirley Reservoir and northerly of Boston & Maine Railroad on the Shirley
town line,
#27 P.J. Keating, southeast corner of Lunenburg about 1,300 feet inland from Leominster-Shirley Road,
#28 P.J. Keating, westerly side of Reservoir Road near Round Road,
#29 P. J. Keating, westerly side of Reservoir Road South and near Goodrich Street,
#30 P.J. Keating, southeast corner of Lunenburg about 2200 feet inland from road abutting the Shirley
town line,
#42 P.J. Keating, Leominster- Shirley Rd.,
#32 Raymond Powell Jr., rear of 395 Goodrich Street, about 1150 feet inland from C. Nass, and
#54 Powell Stone & Gravel, 151 Leominster Road
Vote: All in Favor
An Accounts Payable warrant in the amount of $296,943.22 was presented for signatures.
Action File Issues
Mr. Toale stated he would like to set up a volunteer booth at the Stillman Community Fair on September 12'
for the various town boards and committees. He invited the other Board members to participate and he will also
be sending an invitation to the Chairs of all the committees and boards asking them if they would like to
participate on the 12'h
". The Board concurred.
Committee Reports:
Board of Health -no report; Building Reuse Committee- met last night and will make recommendations on
September 1st
regarding their recommendation for a firm for architectural services; Cable Advisory
Committee- met last night, Mr. Alonzo stated he received an email today asking why the Town does not let
Verizon provide television services. The Town does not have an exclusive contract with Comcast and Verizon
is welcome to apply for a television license. The committee is working on the cable license renewal process and
is composing a citizen survey related to customer service by Comcast, public access services etc. There is a
vacancy on this committee; Capital Planning Committee-first meeting is September 8*; Conservation
Commission-no report; Finance Committee-met and approved the Chapter 44 transfers and then discussed the
preparation process for the upcoming budget season and are examining the cost of hiring an employee. They are
two members short; Library Board of Trustees- no report; MART Advisory- Ms. Luck and COA Director
Sue Doherty will be meeting with the White Street residents on the 28' concerning the new loop service. Ms.
Luck is anticipating a ridership report soon; MPO- no report; Planning Board- no report; PACC- no report;
School Committee-meeting tomorrow; School Building Committee-met and reviewed the two change orders
discussed this evening, they also discussed two other potential change orders; a grounds garage which is being
torn down and locating trash and recyclable collection areas at every entrance on the site; Sewer Commission-
has received a $30,000 DEP grant for a sewer system asset management plan; this will be used for infiltration
and inflow control; the Pratt and Lakeview project continues. There was a demonstration from another vendor
for grinder pumps. ZBA- no report.
Town Manager- received a notice there will be another Department of Public Utilities hearing on September
24* regarding the Unitil rate increase case. Ms. Lafleur is working to schedule a meeting with the Parks
Commission on September 35º for continuing the Marshall Park discussion and to look at their fee structure
for all the different fields. The DPW Director has diligently reached out to all the youth/adult recreation groups
who use the fields and has composed a draft fee schedule to present to the Park Commission. Ms. Lafleur is
meeting with the Animal Control Officer and Police Chief Marino on the 27*h to review the various issues in
order to schedule a workshop meeting with this Board sometime in September.
Resignation
Caroline Griffis has rendered her resignation effective immediately from the Finance Committee.
===PAGE 5===
Motion: R. Ebersole
To accept Ms. Griffis' resignation with regret
2'ª: T. Alonzo
Vote: All in Favor
Mr. Toale announced the next meeting is September 1S' and they will hold a workshop on September 8'' to
continue work on Town Manager and Board member goals.
Public Comment:
Mr. Ebersole asked whether the Attorney General's office has notified the town regarding the ATM zoning and
general bylaw articles for the Village and Architectural Preservation District. Ms. Lafleur has not heard
anything to date, she will check with the Town Clerk tomorrow.
Mr. Ebersole stated the Board was notified of a liquor violation in April and there was supposed to be a hearing
in June. What is happening with that? Ms. Lafleur stated she had sent this notice at least twice to the Board
asking for a response and had only heard back from one Board member. She spoke with Chairman Toale before
tonight's meeting and it will be discussed as a second item at the workshop meeting. Mr. Toale clarified the
discussion would be on the process for reviewing a police report and how that impacts the Board's licensing
authority, not this particular event. Mr. Ebersole recommended this discussion happen at the September 1st
meeting, adding it should be televised as liquor licensing is one of the highest liability areas for the board. "
Mr. Ebersole asked about the closed gas station on Massachusetts Avenue and how the zoning, if approved will
affect it. He assumed there are still outstanding taxes on the property. Ms. Lafleur confirmed there is a tax lien
on the property. Mr. Ebersole suggested this be placed on the workshop agenda as this has been ongoing since
he has been on the Board
Mr. Ebersole noted regarding the meeting with the Animal Control Officer and Police Chief next week, Chapter
140, § 151A, which was amended in 2012, requires the Board of Selectmen to annually issue a warrant to the
animal control officer directing the officer to seek out, catch and confine all dogs within the town which are not
licensed, collared or harnessed. He added the Massachusetts Animal Coalition suggests towns may need to
amend their bylaws and procedures to comply with this. Mr. Ebersole stated this needs to be included in the
discussion with the ACO and Police Chief next week and the Town needs to look at their bylaw for next year
also.
Motion: R. Ebersole
To adjourn the meeting at 8:25 PM
2nd: T. Alonzo
Vote: All in Favor
Respectfully submitted,
Elaiem Peterson
Elaine M. Peterson
Executive Assistant to the Town Manager

========================================================================================
DOCUMENT : 2015-09-01-agenda-4941.txt
BOARD    : select-board
DATE     : 2015-09-01
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-09-01-agenda-4941.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09012015-4941
========================================================================================

===PAGE 1===
 
BOARD OF SELECTMEN 
September 1, 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 One Day Special License for 449 Corp./Lakeview Club fundraiser (off premises) 
7:15 PM Sally Jahriss- Cultural Council appointment request-term to expire June 30, 2018 
 
CURRENT BUSINESS 
1. Affordable Care Act  
2. Recommendation from Building Reuse Committee on Building Assessment & Space Needs Study 
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   
Resignation: Jamie Toale from Cable Advisory Committee  
 
UPCOMING MEETING SCHEDULE    
September 8- Workshop 
September 15 
September 22

========================================================================================
DOCUMENT : 2015-09-01-minutes-4941.txt
BOARD    : select-board
DATE     : 2015-09-01
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-09-01-minutes-4941.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09012015-4941
========================================================================================

===OCR macOS Vision===
===PAGE 1===
BOARD OF SELECTMEN
MEETING MINUTES
September 1, 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; Paula Bertram,
Member and Town Manager Kerry Lafleur. The meeting opened at 7:00 PM with the Pledge of Allegiance.
Public Comment:
Mr. Alonzo announced another "Walk in the Woods," sponsored by the Conservation Commission on
September 13. Anyone interested should meet behind the Kitter Building at 9:30 a.m. This walk is tentatively
planned for the Pleasant St. Laurelbank Farm area. Check out the Conservation Commission website for any
last minute changes.
He also announced another long-time resident, Ernest Hunter passed away on Sunday, August 30th
Mr. Toale announced there are still vacancies on town boards. There will be a volunteer booth set up at the
Stillman Farm Country Fair on September 12".
". More information can be obtained there on the individual
boards. Mr. Toale added there is a new auction item available at that fair. Police Chief Marino and he will
cook dinner for 8 people at their home for the highest bidder.
Appointments:
One Day Special License for 449 Corp. d/b/a Lakeview Club
Danielle Bettencourt presented to request the one-day license for an American Diabetes Association fundraiser
outside the licensed premises. This would be the third year of this event with no incidents the past two years.
Ms. Lafleur reported the original application was for an all alcohol license; it has been amended to beer and
wine only as special on day all alcohol licenses are only allowed for non-profit organizations. This has been
verified by the ABCC. Ms. Lafleur stated there are fiscal year 2015 real estate taxes due on the property. The
owner has paid all 2014 real estate taxes. She added the town is in the process of working on delinquent 2015
real estate taxes. The licensee will need to have paid all fiscal 2015 taxes in full or entered into a payment plan
before annual license renewal time in November. Other than that the application is complete.
Mr. Alonzo stated the memorandum provided reports the licensee entered into a payment plan to pay $200 per
week but upon checking with the Treasurer/Collector, it was noted that the total amount due was $6,623.00. Ms.
Lafleur stated that is the total that was due on 2014, 2015 and 2016 real estate taxes. The owner paid
approximately $3,300 of that total this week. Mr. Alonzo stated if we are going to enter into agreements with
people who are not paying their back taxes he is willing to go forward with it this year. But if we are this same
position next year, he stated he will not vote for the license. Ms. Luck noted this owner had a payment
agreement with the Town but did not follow through; is there any way to enforce an agreement? Ms. Lafleur
stated the Treasurer/Collector's office needs to monitor the agreements and notify the Selectmen office in the
case of any license holder. With the recent turnover in that position, it didn't happen the way that it should have
this past year.
Motion: R. Ebersole
2"°: T. Alonzo
To approve a One Day Beer and Wine license for 449 Corp. d/b/a Lakeview Club, located outside of 449
Whalom Road for September 12, with a rain date of September 13
Vote: All in Favor
Ms. Bettencourt thanked the Board and exited the meeting.
Mr. Toale moved to Current Business #2.
Recommendation from Building Reuse Committee on Building Assessment & Space Needs Study
===PAGE 2===
Ron Albert, 69 Island Road, Vice Chairman of the Building Re-use Committee, reported a meeting was held to
review and discuss the qualifying proposals from architects who responded to the committee's request for
qualifications to perform a Building Assessment & Space Needs Study on four Lunenburg municipal buildings;
Town Hall, T.C. Passios Building, old Primary School and the Ritter Building.
Each architect was allowed approximately one half hour to address the committee and present materials and
make comments in support of their written proposals which the committee had received earlier. Upon
completion of the architects' presentations, each committee member was given the opportunity to share their
impressions and make comments during a general discussion period. Each member then prepared a graded
'Score Sheet' for each architect firm.
In addition to the graded score sheets, the committee members noted the following points:
The availability of key personnel to work on the study during the allocated 12 week project
period. (Specifically two principles of the firm and two key project lead associates)
Familiarity & knowledge of Lunenburg based on previous work was evident in both
presentations, but significantly broader with Tappe Architects Inc.
•
The quality of work in both the presentation and the handout was felt to be superior by Tappe
Architects, Inc.
•
Tappe's understanding of specifically what was being asked for in the project described in the
RFQ and the commitment to deliver on those specifics was a key factor
All five members of the committee ranked Tappe higher on the overall interview "score sheet"
than the other respondent.
Finally, while the Building Re-Use Committee members thought that either firm was capable of performing the
tasks called for in the RFQ, all members scored Tappe Architects, Inc. higher than the other respondent and
voted (5-0) to recommend them to the Board of Selectmen.
The Building Re-Use Committee maintains a file with the recorded vote as it is a matter of public record.
Mr. Ebersole asked Mr. Albert to briefly explain what the firm would be doing. Mr. Albert reported that
the goal of the study is to determine the current conditions and spatial needs of the four municipal
buildings/properties. They would determine this by investigating baseline data, performing due diligence, fact
finding and interviewing department heads and committee chairs as well as anyone else who would bring value
to the discussion and to better understand what we have in those four buildings. With that information they will
present a report that will package all that up for consideration and decide if and how any of those buildings
could serve the town, in terms of cost and usefulness going forward.
Mr. Ebersole asked if Tappe will be coming up with an estimate of what's involved. Mr. Albert stated yes.
Mr. Ebersole asked what the cost was approved by the Capital Plan. Mr. Albert stated the cost was $28,000 and
the committee took guidance from Town Manager on how to organize their request for qualification. Mr.
Alonzo asked what amount of time this study will take. Mr. Albert stated the committee had estimated 12
weeks. Ms. Bertram asked if there will be some sort of market analysis to determine the uses of the buildings.
Mr. Albert stated they will be looking at zoning, historical factors, the overlay district and what the heartbeat of
the community is that affects the uses of these buildings. Mr. Toale stated the primary objective is to assess
which building out of the four would best suit the town for its use. They could also provide some facts about the
other three building on marketability and usability.
Motion: R. Ebersole
2'°: T. Alonzo
To accept the recommendation of the Building Re-Use Committee and approve contracting with Tappe
Architects, Inc.
Vote: All in Favor
Mr. Toale thanked Mr. Albert for his report and the other members of the committee present tonight.
Cultural Council Appointment Request
Mr. Toale asked Ms. Sally Jahriss to come forward. Ms. Bertram asked Ms. Jahriss if she had an opportunity to
meet with the other Cultural Council members. Ms. Jahriss stated no but she did reach out to them. Ms. Luck
stated Ms. Jahriss' experience with the arts certainly suited her for this position.
===PAGE 3===
Motion: R. Ebersole
2'd: P. Bertram
To appoint Sally Jahriss to the Lunenburg Cultural Council with a term to expire June 30, 2018
Vote: All in Favor
Ms. Jahriss thanked the Board and exited the meeting.
CURRENT BUSINESS
1) Policies and Procedures for Health Insurance under the Federal Affordable Care Act (ACA)
Ms. Lafleur reported she would start the presentation and also introduced Nancy Forest, Payroll and Benefits
Specialist and who also serves as our Insurance Risk person. She has been valuable in that capacity for the
town. The item before the Board is the draft policy and procedures for implementing the Affordable Care Act
that are applicable to municipal employers. It states that the Town is committed to being in full compliance with
the ACA. The Town is categorized as a large employer under the ACA and may be subject to an Employer
Shared Responsibility Payment (ESRP). If the Town fails to provide health insurance to an employee that is
eligible, there could be penalties.
The following procedures are designed to ensure that the Town will avoid, or at least minimize any liability for
ESRP's. Pursuant to the ACA, ongoing (current) Town and School employees who are employed for at least
130 hours of service per month must be offered Town-sponsored health insurance, but in Massachusetts anyone
who works 20 hours or more is eligible.
For new employees expected to be variable hour, seasonal, and part time employees, the Town shall track their
hours of service using an initial measurement period of 12 months. A position that would fall under this
category would be a reserve police officer, substitute teacher or on call fire fighter. The Town shall employ the
12-month look-back measurement method to determine health insurance eligibility for all employees. This 12-
month coverage is called the stability period. How many hours an employee works during the stability period is
relevant only in determining whether he/she will be eligible for Town sponsored health insurance coverage in
the next stability period. The measurement, administrative, and stability periods shall then repeat themselves on
an ongoing basis. The standard measurement period shall begin on January 1, 2015.
As mentioned previously, a Town employee must average at least 130 hours of service over a 12-month period
to be entitled to Town-sponsored health insurance. The following categories of service count toward the 130
hour average: each hour worked for which an employee is paid; unpaid short scheduled breaks (not including
unpaid lunch breaks of at least 30 minutes), paid time off due to vacation, holiday, illness, incapacity (including
disability), layoff, jury duty, military duty, or leave of absence. Generally, unpaid time off will not count toward
the 130 hours of service.
Certain periods of unpaid time off will not be included when calculating the 12-month standard measurement
period. These include summer months for teachers and other school employees, FMLA leave, military leave,
and jury duty. For these special periods of unpaid time off, the Town will determine the average hours during
the measurement period, excluding the special unpaid leave period, and will use that average as the average for
the entire measurement period. Ms. Forest stated this policy was reviewed by our insurance advisor.
Motion: R. Ebersole
2^°: T. Alonzo
To accept the Policies and Procedures for Health Insurance under the Federal Affordable Care Act as
presented this evening
Vote: All in Favor
Accounts Payable Warrants in the amount of $143,508.90 and $447,582.33 and a school construction warrant in
the amount of $4,259,078.92 were presented for signatures.
Minutes of April 21, August 4, August 11, and August 18, 2015 were presented.
Action File Issues: Mr. Alonzo asked for a follow up report on the Animal Control Officer situation. Ms.
Lafleur reported she met with ACO Comeau and Police Chief Marino last week. Chief Marino is drafting a
proposal. She stated September 22 is the goal for completion with more information coming one week prior to
that date.
Committee Reports:
Board of Health -met last week, Dave Passios is the lead on the septic system loan program; their goal is to get
that information in the fall so people can apply and use the funding next spring. Due to the vacancy created by
===PAGE 4===
the passing of BOH member David Shays, the vacancy needs to be posted. One person is interested and has
attended one of their meetings. Building Reuse Committee- they'll be working with Tappe Architects over the
next twelve weeks; Cable Advisory Committee- no report; Capital Planning Committee- first meeting is on
September 8"'; Conservation Commission-there were several erosion control projects, one on Prospect Street
and another on Pine Acres Road and an ongoing remediation order on Sunset Lane; they discussed and
reviewed with LSIC the Lake Shirley treatment and herbicide management, specifically data collection and
testing, along with the need for a management plan for Lake Shirley. LSIC is working with a consultant on that.
At their next meeting they will review the order of conditions for LSIC. Another issue that came up is the
question of Lake Shirley ownership. Ken Jones stated the Town might own property at 51 Parmenter Road that
may provide public access. Finance Committee- no report; Library Board of Trustees- meets on the 17th;
MART Advisory- ridership figures were presented, 10 passengers last month; Ms. Luck and COA Director met
with White Street residents last week concerning the new bus loop; she added she should try to reach out to the
Boys and Girls Club about the new service; Mr. Ebersole requested ridership membership on the regular bus
route; MPO- no report; Planning Board - last night they heard a couple of ANRs; there was a public hearing on
a proposal to build 22 (three-bedroom) townhouses at 274 Prospect Street, abutters had concerns about the
building height (38 feet), the proximity of the swimming area across the street and storm water drains, traffic,
loss of use, neighborhood character, parking areas, and infrastructure impact on school. There was a question
how this fits into the Whalom overlay district; the hearing was continued to September 28""; PACC- upgraded
their equipment and changed the cameras in Town Hall; School Committee-met on August 19"h,
, IT Director
Malandrinos discussed the one on one computing technology plan using Google Chrome books for grades 10 -
12, there will be a $120 technology fee involved but students can take them with them after graduating; a
workshop will be held by the School Committee on this in October; School Building Committee-meeting next
week: Sewer Commission-met last Tuesday, a presentation by the second grinder pump vendor was given, they
continue to working on grease trap compliance; ZBA- one hearing is scheduled in September for a dog
boarding/day care facility at 339 Electric Avenue.
Town Manager- Ms. Lafleur reported long-time Cemetery Superintendent Greg Bingham retired last month; he
was a very dedicated hard-working employee, he also did a tremendous job for the town in winter operations,
she wished him well. She will be meeting with the Cemetery Commissioners next week to review applications
and will make a request to ratify the new Cemetery Superintendent appointment at the September 22 meeting.
Ms. Lafleur will be meeting with the Park Commissioners on the 3rd on bids received for conducting an existing
conditions plan at Marshall Park; this is to determine the best options for parking. They will also be looking at
resolution with the adjacent property owner over the property line dispute. She reported she received a
complaint from another property owner concerning use of one of the fields at Marshall Park. The third item is a
presentation of a draft of user fees composed by the DPW Director for all fields and recreational facilities under
the jurisdiction of the Parks Commission.
Mr. Alonzo wanted to take this opportunity to thank Greg Bingham for all his work. He stated he really was an
exemplary employee. He represented a holistic view of community. He wished him the best. When the new
person comes on we need to address what to do with the Cemetery Building. It is an eyesore.
Ms. Lafleur asked the Board to start thinking about a special town meeting date as there is unfinished business
from annual town meeting as well as some budget adjustments. The Personnel Committee will have some
proposals for amendments to the salary administration plan.
Ms. Lafleur said there is a potential for purchase of street lights. There were issues to work out with Unitil and
they have been worked out. The last item is a potential solar project. Nexamp is the potential developer for a
municipal net metering credit project or a combined municipal net metering/community shared solar project.
This is a 650 kilowatts total project and would be located within the City of Fitchburg. The developer is
interested in working with one municipal off taker and is interested in Lunenburg. We have a good relationship
with them. They own the existing project on top of Turkey Hill Elementary School. The Nexamp representative
will be making a presentation to this Board on September 15th
Resignation from Cable Advisory Committee
Motion: R. Ebersole
To accept the resignation of Jamie Toale from the Cable Advisory Committee
2nd: T. Alonzo
Vote: All in Favor
===PAGE 5===
Public Comment:
Ms. Luck reported the Pancake Breakfast at Eagle House is September 9'h
. The Food Bank benefits from the
pancake breakfast proceeds. She also wanted to remind everyone to go to the Farmer's Market on Sunday
mornings. Mr. Alonzo wanted to recognize the Lions' Club for all the work they do on the food bank and to
recognize Ms. Luck for being the best hawker of the pancake breakfast.
Mr. Ebersole asked Ms. Lafleur if Town Counsel had provided the status on the traffic rules and regulations.
She stated they have talked but she had no date on when it would be available. He wondered if the Town should
be involved about the parking at the proposed development off of Kimball and Pond. We may need to think
about a comprehensive parking plan for the Town in addition to the traffic rules and regulations.
One other road item he wanted to discuss with DPW Supt. Rodriquenz was that there was a serious accident at
the intersection of Massachusetts Avenue and Chestnut Street recently. He stated at some point we may have to
look at a "no left turn" coming from Fitchburg onto Chestnut Street because it's across the line of traffic and
probably a "no left turn" coming out of Chestnut Street onto Massachusetts Avenue going easterly.
Ms. Bertram added they should get an update on Chase Road at some point also.
Mr. Toale announced the next meeting is September 8"' to continue work on Town Manager and Board member
goals. It will not be televised. The Board will then meet on September 15 and it will be televised.
Motion: P. Bertram
To adjourn the meeting at 8:09 PM
2': T. Alonzo
Vote: All in Favor
Respectfully submitted,
Elaine m Peterson
Elaine M. Peterson
Executive Assistant to the Town Manager

========================================================================================
DOCUMENT : 2015-09-08-agenda-4942.txt
BOARD    : select-board
DATE     : 2015-09-08
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-09-08-agenda-4942.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09082015-4942
========================================================================================

===PAGE 1===
 
BOARD OF SELECTMEN 
September 8, 2015 
  7:00 PM – Town Hall 
     Bilotta Meeting Room, Second Floor 
AGENDA 
 
  
 
 
 
 
7:00 PM  Workshop 
 Board of Selectmen Goals 
 Town Manager Goals 
 Meeting Process & Schedule including Hearings 
 Approve ALS Intercept Agreement with Town of Townsend 
 
 
UPCOMING MEETING SCHEDULE    
September 15 
September 22 
October 6

========================================================================================
DOCUMENT : 2015-09-08-minutes-4942.txt
BOARD    : select-board
DATE     : 2015-09-08
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-09-08-minutes-4942.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09082015-4942
========================================================================================

===OCR macOS Vision===
===PAGE 1===
I All Ja
BOARD OF SELECTMEN
MEETING MINUTES
September 8, 2015
Member and Town Manager Kerry Lafleur. The meeting opened at 7:00 P.M.
ALS Intercept Agreement with Town of Townsend
Motion: R. Ebersole
To approve the ALS Intercept agreement with Town of Townsend
2nd. T. Alonzo
Vote: All in Favor
Public Comment:
Mr. Alonzo reported he was invited to an Eagle Scout Court of Honor on Saturday October 3'° at 10:00 A.M. at
the United Parish for two boy scouts, but he cannot attend. Mr. Toale stated he could. Mr. Alonzo will forward
the information to him. A proclamation will be needed for each scout.
Mr. Ebersole asked about the plans for parking at the Stillman Country Fair. Mr. Toale stated there was a
committee including the Police Chief coordinating it.
Mr. Toale stated he got little feedback from other committees for the volunteer booth. Rhonda Lisio, P.A.C.C.
Chair has volunteered and Board of Health Clerk Andrea Schnepf will have her own booth there and can help
out. Mr. Alonzo, Ms. Luck and Ms. Bertram stated they could cover some of the time.
Board Goals
Stormwater Goals:
Ms. Bertram reported she and Ms. Luck met with DPW Director Rodriquenz after going over the initial
stormwater goals and reasoned this work needs to be addressed by a committee.
1) Appoint a stormwater task force
The suggested task force would be composed of the members of the Planning Board, Conservation
Commission, DPW, Board of Health, Selectmen and two members at large. The members at large would be
people who would be stakeholders (environmental interests, lake groups, etc.).
Action items for the task force would be:
• To gather and review existing data (2007 Stormwater Report, stormwater submittals to the state, GIS
data, etc.). One issue during the meeting with DPW Director Rodriquenz that came up was they
discussed what MRPC is doing; Rodriquenz wasn't aware that Earth Tech report graded the stormwater
structures
• To work with appropriate personnel to identify current maintenance requirements and associated budget
of existing stormwater infrastructure. The budget for stormwater is currently built into the drain budget,
typically related to road work, but not set aside for stormwater maintenance and construction
• Review and investigate proposed regulations for MS4s and make recommendations to ensure
compliance
• Work with appropriate personnel to suggest protocols to investigate and remove sources of suspected
illicit or illegal discharges; the Board of Health or the Sewer Commission could have a role in this
aspect
• Investigate and make recommendations on various software options
• Initiate and execute an RFP for a feasibility study to determine viability of a stormwater utility
===PAGE 2===
• Identify an appropriate service fee method
• Initiate and execute a rate study (required by law and based on the feasibility study)
• Draft a bylaw to establish the utility in accordance with M.G.L. Chapter 83, § 1
• Investigate grant opportunities
• Coordinate volunteer program and public outreach (identify the stakeholders, quantify the need, identify
what is not being done because of lack of funding and potential impacts, promote educational
workshops, generate literature for dissemination and posting)
2) Facilitate adoption of revised stormwater regulations by fostering communication and cooperation with
various boards
3) Encourage the Town Manager to investigate the feasibility of incorporating a separate line item for
stormwater (this is being done)
4) Schedule quarterly meetings with the task force and DPW Superintendent to monitor compliance with
regulations and progress on stormwater utility investigation
Mr. Ebersole asked if there should be a Water District member on the task force. He stated he thought the draft
was a good charge for the committee. Ms. Bertram will contact other towns to see what would be the cost of a
feasibility study. She added the software mentioned earlier is not too expensive. Remote sensing technology is
more expensive, averaging under $10,000. There is a lot of work that can be done in advance of hiring a
consultant. Further discussion of strategy ensued. The establishment of the task force would be the first step
along with creating a mission statement. Ms. Luck and Ms. Bertram will compose a mission statement to be
ready for the September 22 meeting.
Pavement Management Plan/Traffic Rules & Orders
Mr. Ebersole presented his report.
1) Exploring revenue sources and projecting into the future. The capital plan should include all these
sources. Some are storm water fees for culverts, betterments that are percentage based on road
classification, federal funding documentation for qualified roads with software, Chapter 90 funding,
Town funding and borrowing. He cited the Pratt Street sewer extension. Mr. Ebersole noted the Sewer
Commission has a 2/3rds policy, meaning 2/3rds of the property owners of the road has to approve the
extension before the town proceeds. The road was in bad shape before the project started and would
have needed to be repaved anyway. Usually betterments are done when something "new" happens or
when a road is accepted, or a sewer line is installed. Does paving a road, normal road maintenance,
really improve your property value? Mr. Alonzo noted betterments are usually applied towards a
permanent change. Discussion ensued about betterments and how they should or should not be applied.
Mr. Ebersole recommended taking betterments off the table for now but keeping for further
investigation, privately funded projects done by the Town.
2) Pavement Management Software Index
Establishing a recommended index of streets for Board of Selectmen adoption; includes splitting off
road segments as separate items. There may be a need for coordination with the storm management
goals in order to include the costs of drainage into the pavement management plan. Mr. Ebersole
presented a list of town roads that are eligible for federal funds. Ms. Lafleur recommended adding these
to another field in the pavement management plan. Ms. Bertram stated sometimes TIP funding becomes
available and an unexpected project could be funded at the last minute. He moved to developing,
adopting and implementing a policy for utility road openings.
It was suggested to confer with the DPW Director Rodriquenz for guidance on the policy.
Discussion ensued on whether to put the cost of repaving Pratt Street following the completion of the sewer
project on the Town versus placing betterment fees on the residents to pay for it. Past practice has been if a
utility company comes in to install gas, electric, etc., the cost of repaving the road falls on the utility company.
Past betterments have included the cost of repaving a road as part of the project, not as a separate item.
Mr. Ebersole asked the Board to email any other comments regarding pavement management to Ms. Lafleur.
===PAGE 3===
3) Economic Development
Mr. Toale stated that since they last met on the subject, not much has changed from the July draft. He
stated the Board needs to determine whether they want to set small or large goals. It is a part of the
Master Plan, but do we want to include this as part of it or make it the lead. He has met with Adam
Burney, Land Use Director, who would like to work closely with the Board on this. Discussion followed
about looking at other communities' economic development goals and possibly partnering with them
and chambers of commerce.
Mr. Alonzo asked the Board what they hoped would be an end goal(s) of an economic development
policy. Ms. Bertram stated she would like to examine what serves the community needs that would not
have a major impact on the town's infrastructure; to get the tax benefit without the burden on town
services. Ms. Lafleur suggested looking at availability of utilities.
Further discussion ensued about making the permitting process easy to understand and attractive to
developers. Ms. Lafleur stated another factor is creating an inventory of available parcels. Ms. Bertram
added that a marketing plan for the town should be produced. Mr. Alonzo asked what type of town
atmosphere and character Board members would desire for Lunenburg. Concord, Northampton, and
roton were mentioned. Ms. Toale asked how to proceed going forward from this discussion. It was
suggested to meet once more and discuss further before meeting with other groups. It was decided to
have a vision by the end of the calendar year and progress further for town meeting. Ms. Lafleur
suggested getting someone from Fitchburg State University in business development to
participate/facilitate in the process.
Minutes of April 21, August 4, August 11 and August 18, 2015 were presented. Accounts Payable
warrant in the amount of $286,887.90, Accounts Payable warrant in the amount of $419,572.29 and a
School System warrant in the amount of $667,788.02 were presented for signatures.
Town Manager Goals were presented but Ms. Lafleur needs to add dates to them.
Meeting Process and Schedule
Mr. Toale stated a discussion had been started on how often to meet and if they wanted to meet with other
boards and committees differently. There had been discussion about meeting with all Board chairs and
scheduling regular workshop sessions with other groups. Ms. Luck and Ms. Bertram thought tonight's meeting
was productive. Mr. Alonzo stated the Board should meet on the last Tuesday of the month, but Ms. Bertram
has a conflict with that time. Mr. Ebersole thought this was valuable with a clear agenda/timeframe, especially
meeting with other boards about specific issues. Ms. Bertram concurred. Ms. Lafleur stated she would prefer to
hold two formal business meetings per month due to the time required to prepare for meetings. She also
preterred having department heads attend meetings to present their own items rather than Ms. Lafleur
presenting for them. Discussion ensued about how board liaison reports should be presented. A different format
will be tried for future meetings. Ms. Lafleur stated sometimes things are too informal regarding submitting
items for meetings. The policy for submitting items for agendas should be reexamined. Another topic suggested
for a future workshop is liquor license hearings.
Motion: P. Bertram
To adjourn the meeting
2"': T. Alonzo
Vote: All in Favor
Respectfully submitted,
Elaine M Peterson
In Peterson
Executive Assistant to the Town Manager

========================================================================================
DOCUMENT : 2015-09-15-agenda-4943.txt
BOARD    : select-board
DATE     : 2015-09-15
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-09-15-agenda-4943.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09152015-4943
========================================================================================

===PAGE 1===
 
BOARD OF SELECTMEN 
September 15, 2015 
  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.- O’Brien Homes 
 
7:00 PM  PUBLIC COMMENT  
 
ANNOUNCEMENTS 
 
APPOINTMENTS 
7:00 PM Automatic Amusement Device License Application -Lineage Vapors, LLC 
7:10 PM Joe Fiore- Nexamp, Net Metering Credit Opportunity/ Community Shared Solar Project 
7:30 PM Liquor License Violation Hearing for Donnelly’s Tavern 
 
CURRENT BUSINESS 
1. Nashoba Valley Regional District Dispatch Agreement 
2. Lunenburg Water District- Lancaster Expansion;Request for 2 Lunenburg members 
3. Special Town Meeting Date 
4. Minutes/ Warrants/ Action File Issues 
5. 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 
6. Town Manager Reports or Department Reports-municipal aggregation rates 11/1/15-10/31/16 
 
INTERVIEWS/ APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS   
1)Architectural Preservation District Commission Appointment requests 
   Amory Phelps, Cullen Dwyer, Richard McGrath, Brian Corcoran, Jim Laveck 
2)Cemetery Superintendent Appointment- Todd Holman  
 
UPCOMING MEETING SCHEDULE    
September 22 
October 6 
October 13