# select-board — 8 documents, concatenated for reading and search # # This is a CONVENIENCE BUNDLE, not a source. Every document below is # published separately and byte-identically; cite the individual file, # whose path is given in each header, rather than this bundle. # Index of all boards: https://lunenburgbudgetproject.org/minutes/INDEX.txt # The town's own scanned original is linked per document. ======================================================================================== DOCUMENT : 2015-09-15-minutes-4943.txt BOARD : select-board DATE : 2015-09-15 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-09-15-minutes-4943.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09152015-4943 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== 8 AN Ja. BOARD OF SELECTMEN MEETING MINUTES September 15, 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; Paula Bertram, Member; Phyllis Luck, Member and Town Manager Kerry Lafleur. The meeting opened at 6:00 P.M. Motion: T. Alonzo 2"d. R. Ebersole To enter into 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 Vote: Mr. Alonzo-aye, Mr. Ebersole-aye, Ms. Bertram-aye, Mr. Toale-aye ****** ********************Executive Session Minutes Are Separate**********: *** The meeting commenced at 7:05 p.m. with the Pledge of Allegiance. Public Comment: Mr. Toale mentioned this past weekend a country fair was held at the Stillman Farm which he considered a huge success. He thanked the various town departments (DPW, Fire, and Police) who participated in the event. He added the volunteer booth received ten talent bank forms with five others that are promised to be returned. He congratulated everyone who participated. Mr. Alonzo concurred; adding lots of funding was raised for the Food Bank. Parking needs to be fine-tuned for next year. Ms. Luck was inspired by Sharon Rodrinquenz who won the 50/50 raffle and donated her winning portion back. Ms. Luck reported Sarah Powell who is 101 years young will be receiving the Boston Post Cane on October 19* at 2:00 P.M. at Eagle House Senior Center. Julia Stillman came to thank the Board for their amazing support to help them pull off the event and presented milk and cookies to them. Lisa Normandin, President of the Lion's Club wanted to thank Marilyn Talley for her work on the event; they are 99% sure they made over $12,000 for the Food Bank. She wanted to thank all the Hickory Hills community, Dave MacDonald, Lions Club members, Police Chief Marino, Fire Chief Sullivan and DPW Director Rodriquenz, all the raffle donors and everybody that came and had a good time. Tom Bertram, 312 Townsend Harbor Road, asked for everyone to applaud the ladies involved in the fundraiser. Applause ensued. He stated he is the President of the Lunenburg Snow Riders and they were notified today that they are recipients of an RTP Trails grant in the amount of $49,524.89. He also thanked his wife Paula Bertram for writing the grant application. He noted that over the past 5 years, they have received $120,000 in grant funding of which most has gone back to the Lunenburg community. He invited the Board members to a ribbon cutting ceremony on October 10" weekend for a newly constructed handicapped accessible wildlife viewing station paid for with a 2013 grant. Mr. Alonzo thanked the club for all they do for the community. Ms. Luck attended the September 9th meeting of the Lunenburg Water District. There was a vote to move forward with the investigation of loans to fund a 1.2 million dollar garage and office for the Water District. It was unanimously approved. Mr. Piccirillo of Sunset Lane will be on the September 23 agenda to discuss the Water District moving forward with a well on his Lake Shirley property. The Water District voted to keep the Hickory Hills well as an option. It was reported that an intermunicipal agreement with Fitchburg is moving ahead. APPOINTMENTS Mr. Toale announced the 7:00 p.m. appointment had to cancel; this will be moved to the September 22 agenda. ===PAGE 2=== The Board signed an Accounts Payable Warrant in the amount of $287,397.59. Ms. Luck and Ms. Bertram expressed interest in meeting with a DEP storm water coordinator for information relating to Ms4 permitting requirements. Ms. Lafleur will work on getting a meeting scheduled Mr. Toale reported on the Board's workshop meeting last week on goals. Stormwater management, economic development and road pavement management were discussed. There will be more workshop type meetings alternated with regular meetings. Notice of Appointment- Todd Holman to Cemetery Superintendent Ms. Lafleur requested the Board ratify the appointment of Todd Holman as Cemetery Superintendent this evening. Both the DPW Director and Cemetery Commission have recommended his appointment as well. She read aloud a letter of recommendation from the Cemetery Commission. Motion: T. Alonzo 2'd: P. Bertram To ratify the appointment of Todd Holman as Cemetery Superintendent by the Town Manager Vote: All in Favor Nexamp, Net Metering Credit Opportunity/Community Shared Solar Project Joe Fiore of Nexamp thanked the Town Manager and Board for inviting him in this evening. He reported Nexamp is a locally owned and operated solar provider that has been in business for around ten years. Their model is to build, own and operate commercial solar facilities over the long term. They have hundreds of solar projects with more than 45 MWs operating across New England. They are the MA leader in commercial solar projects in 108 towns and were named the number one solar contractor in MA. Net metering is a way for Nexamp to sell the Town dollar credits to offset its electricity costs. Nexamp sells the Town net metering credits at a discounted price. The proposed 650 kW project is located in Fitchburg on an apple orchard. Prior to this meeting, Mr. Fiore and Town Manager Lafleur had discussed the option of Nexamp selling the Town 325 kW and the remaining 325 kW to be eligible to go towards a community shared solar allocation. Every resident can participate. Nexamp's standard offer to residents is a 15% discount on their bill. If you are a Unitil customer, you would sign up for the project. Every month, once the project is operational, net metering credits would show on your electricity bill as a line item and offset the amount you owe to Unitil. The customer would owe Nexamp 85% of the value of those credits. There is no termination fee, you can change your allocation amount at any time and there are no upfront costs. The credits never expire and can be rolled over to the next month. This project could accommodate 100 - 150 residents on a first- come, first-serve basis. The project has received approval from the Fitchburg Planning Board and is scheduled to go before the Fitchburg Conservation Commission (there are no wetlands involved, this is just procedure) next week. Nexamp is scheduled to get the interconnection services study on September 21". If all passes in Fitchburg and if Lunenburg goes forward, construction could begin this fall with an anticipated operations date of 2016. Mr. Fiore presented a breakdown of savings calculations over the next twenty years. The first year of savings is projected to be over $20,000. The Town would not own or have to maintain the project. Nexamp is obligated to provide the Town with credits every month. Nexamp would track the production of the project and provide a year to date overview each month on how many dollars are allocated to Lunenburg, what the Town paid and what were the savings. Another option that Mr. Fiore and Ms. Lafleur discussed was the Town receiving 100% of the project. The benefits of this would be greater savings and more income. The first year would generate $36,400 in savings. Nexamp would prefer the Town go with the community shared project due to state incentives, but it is up to the Town to make the decision. Motion: P. Bertram 2"d: R. Ebersole To enter into negotiations with Nexamp for the Net Metering Credit Opportunity and to authorize the Town Manager to do so Vote: All in Favor ===PAGE 3=== Mr. Toale thanked Mr. Fiore for his presentation. Mr. Fiore thanked the Board for their time and exited the meeting. Liquor License Violation Hearing for Donnelly's Tavern Mr. Toale read aloud the Notice of Hearing for Donnelly's Tavern, Inc. pursuant to G.L. Chapter 138, §23, to discuss the alcoholic beverages license at 43 Summer Street concerning an incident report filed by the Lunenburg Police Department and received by the Board of Selectmen on April 29, 2015. The report concerns events at the establishment that occurred after mandatory closing time on April 25, 2015, specifically operating and allowing drinks to be consumed after mandatory closing time (Section 1/04(a) of the Lunenburg Licensing Commission Regulations. He asked anyone who intended to testify this evening to stand and be sworn in. Police Sergeant Jack Hebert and Donnelly's Tavern owner John Donnelly identified themselves. Sergeant Hebert reported the incident occurred on April 25, 2015 at 2:12 a.m. While on patrol he observed someone sitting at the bar in Donnelly's Tavern. He drove around to the side of the building and observed five vehicles in the parking lot. He returned to the front and still observed a man sitting at the bar. He parked, notified dispatch and knocked on the door. The door was locked. He announced his presence. The door was opened and he observed two males on the patron side of the bar and one male (the bartender) behind the bar. He asked if everyone was employed by the establishment and one of the males stated he was just leaving. Sgt. Hebert repeated his question asking if they were employees and the bartender, Jeffrey Lecuyer, stated they were not. Sgt. Hebert observed another male sitting at the end of the bar. He was identified as Kenny Marois. Sgt. Hebert asked the bartender why they were still in the bar and Lecuyer said he was giving them a ride home. Sgt. Hebert asked why he was giving them a ride home and Lecuyer stated they had too much to drink and drive. Sgt. Hebert asked if he thought he should have continued to serve them after observing them to be intoxicated and Lecuyer stated probably not. Sgt. Hebert asked the three men to exit the establishment and wait outside. Sgt. Hebert continued conversing with Lecuyer about the man sitting at the bar at approximately 2:12 a.m. and asked if he was drinking. Lecuyer stated he was. Sgt. Hebert continued speaking with Lecuyer about having patrons in the bar consuming alcohol, having them in the bar after closing and giving over-served patrons a ride home; in this case, three over-served patrons. Sgt. Hebert stated by the time he entered the bar it was 2:25 a.m. Mr. Ebersole asked if the door had been locked when he arrived. Sgt. Hebert stated yes. Ms. Bertram asked again what the time was when Hebert entered the bar. Sgt. Hebert stated 2:25 a.m. Ms. Bertram asked if he saw the man at the bar drinking at that time. Sgt. Hebert responded no, but the bartender did confirm he had been drinking. John Donnelly identified himself as the manager. He stated he had never been before this board for violations. Mr. Donnelly stated he had read Sgt. Hebert's report and while he was not present, he did interview the four people that were there. Although the accounts are slightly different, the men were in fact there after closing. He did confirm a violation occurred and he did not take this lightly. The regulations are posted behind the bar for all employees. Closing duties are clearly established and employees are reminded constantly about them. Mr. Donnelly stated since this incident the bartender has been terminated. He hoped they could go forward and use this as a learning experience, not only for employees but for patrons. Ms. Bertram asked if Sgt. Hebert has observed any other issues with this establishment since April. Sgt. Hebert stated he continues to patrol and has not seen any other issues since the night of the violation. Mr. Ebersole stated the door had been locked and although it wasn't in the report Lunenburg regulations state the door shall not be locked until patrons have exited from the premises. Mr. Toale closed the hearing and opened discussion. Mr. Ebersole stated he appreciated the owner's statements and would recommend a warning based on past practices with other establishments. Mr. Alonzo thanked the owner for his statements and agreed with Mr. Ebersole's suggestion of a warning. Motion: R. Ebersole 2"°:T. Alonzo To issue a written warning for the violations as outlined in the hearing notice to Donnelly's Tavern in Vote: All in Favor Current Business 1. Nashoba Valley Regional District Dispatch Agreement ===PAGE 4=== Ms. Lafleur referred the Board to the intermunicipal agreement in their packets, this intermunicipal agreement replaces the one that was approved in 2011. State legislation for a regional dispatch district was finally approved on January 5, 2015 under Chapter 500 of the Acts of 2014. This agreement is the exisiting IMA updated to reflect the state law. There are a few items that are required that are part of the state law that weren't part of the IMA. Operations are not going to change significantly. She added the Town is part of the district that includes Devens, Lancaster and Harvard. The term of this agreement is through June 30, 2016. The second term shall begin on July 1, 2016 and end on June 30, 2017. Thereafter it shall automatically renew for additional terms of one year each for up to twenty-five years, or until terminated by mutual agreement, superseded by a subsequent agreement or terminated sooner, Governance shall consist of a District Board (Administration Board), an Operations Committee, and a Finance Advisory Committee (Finance Committee). The Finance Committee is newly formed with this agreement. The Board of Selectmen and the MassDevelopment Board of Directors shall each appoint one person to serve as its representative on the Administration Board. The chief administrative officer for each community shall appoint one person who shall serve as its representatIve on the Operations Committee. Fire Chief Sullivan is that representative with Police Chief Marino as the alternate. The Finance Committee representative cannot be the same person as the representative on the Administration Board or the Operations Committee. The Board will need to make an appointment to that Committee. Another change to the agreement is the Provision of Services to Other Entities. The Town of Bolton is in the process of becoming a provisional member. We are in the process of identifying them as a provisional member. They do not have voting priviliges. Up until this agreement being finalized, dispatch employees have not been able to participate in the Commonwealth of Massachusetts' retirement system. They will now be employees of the district dispatch and will be able to apply their OBRA contributions to the retirement plan which will be administered by Worcester County Retirement System rather than the Town of Lunenburg. Motion: R. Ebersole 2'd: T. Alonzo To approve the revised Regional 911 Emergency Communication District Agreement as presented Vote: All in Favor 2. Lunenburg Water District- Lancaster Expansion; Request for 2 Lunenburg Members Ms. Lafleur reported Fran McNamara, Lunenburg Water District Supervisor, has informed her that the Lunenburg Water District is still considering supplying water to the north part of Lancaster. They are looking to form a committee composed of two members of Lunenburg, one commissioner, the supervisor and one representative from the Town of Lancaster. Mr. McNamara would prefer the two Board members be Lunenburg Water District members. Ms. Bertram and Mr. Alonzo expressed interest but wanted to know more about the time committment. Mr. Ebersole requested this committee also look at the water needs of the Town of Lunenburg. Mr. Ebersole stated he had contacted the Attorney General's office and this would be considered a subcommittee which would fall under the Open Meeting Law. 3. Special Town Meeting Date Ms. Lafleur reported she is looking at a Monday in November for a Special Town Meeting, specifically November 16 or 23. The 23° is the Monday before Thanksgiving and the Board preferred the 16" rather than the holiday week. Ms. Lafleur will present a timeline leading up to the Special Town Meeting on the 22nd . The Board will also open the Special Town Meeting warrant on the 22n° 4. Committee Reports: Planning Board- Ms. Bertram reported the majority of the meeting focused on High Field Village. It was continued to November 9th School Committee- Ms. Luck reported Facilities Director John Londa presented a 10 year Capital Plan for Turkey Hill Middle School on September 2' . This included asbestoes removal, roof repairs, new ===PAGE 5=== HVAC system, windows and electrical work. The cost by 2024 will be close to $22 million. The Lunenburg public schools received $882,000 in grant funding for fiscal year 2016, with federal grants increasing by $200,023 due to the number of students living below the poverty level. Class size has increased in grades two and three; grade two has between 26-27 students per class and grade three has 24- 25 students per classroom. ZBA- approved the proposed dog day care facility, it now goes before the Planning Board. MART Advisory- ridership numbers for the month of August are in the Board's packet. MART stated it was impossible to determine how many Lunenburg residents use all the buses, but could report on how much activity there is at the two Lunenburg stops. Cable Advisory Committee- meets Monday, Finance Committee- no report, there are still two vacancies on the committee, School Building Committee- the school construction project is at 52% of completion; 55% completion of the building; there was another change order in the amount of $49,182; the majority for an added drain under the parking lot and granite curb detail due to water flow. Also for mirrors in the weight room and carpeting in the upper part of auditorium and placing around 70 paper towel dispensers. PACC- they are continuing work on the business plan with the Cable Advisory Committee as well as updating their policies and procedures Board of Health-a vacancy remains on this Board Building Reuse Committee-the RFQ award is almost completed, we are negotiating the wording of agreement and the notice to proceed is expected next week which according to the timeline will give us our final deliverables in December Capital Planning Committee-has scheduled three meetings with the various departments; Public Safety (9/29/15), Schools (10/13/15), and DPW (10/27/15) for long term capital needs. Interviews for Appointment; Mr. Toale asked if any of the applicants for the Achitechtural Preservation District Commission were present. None were. The Attorney General's office has not notified the Town of approval of the APD bylaw to date. Residents are encouraged to apply for this commission. He stated Amory Phelps has been recommended by the Historical Commission as their representative on that commission. Town Manager Report Ms. Lafleur announced new rates for the municipal electric aggregation program effective November 1, 2015. There is a contract covering the upcoming year in two six month increments. The new rate will be 11.98 cents for the first six months. This is a decrease of 2.01 cents from the rate in November 2014. For the period from May 1, 2016 through November 1, 2016, the rate will 8.9 cents. The current rate right now is 11.3 cents, a decrease of 2.4 cents. The town will continue with ConEdison Solutions. Ms. Lafleur reported the Town is working on a potential re-funding of the Municipal Purpose Loan of 2004. We met with our financial advisor today and it looks like we can re-fund this with a present value savings of $113,000 over the nine remaining years. $97,000 of this is exempt debt and $16,000 is non- exempt debt. To property owners, the $97,000 represents a penny on the tax bills. We will also be looking at a potential re-funding of our 2007 issue next year. She did request the financial advisor to perform an analysis on what Lunenburg could do to increase its credit rating from "AA+" to "AAA." However it might not be things we want to do. One item that would help our credit rating is to increase our stabilization fund. One of our areas of weakness identified is the increased amount of debt; this is due to the school construction project. There are only three "AAA" rated communities in Worcester County; Southboro, Westborough, and Harvard, and it is because of the overall wealth of those. communities. Ms. Lafleur stated there will be an Open Meetings Law workshop presented by Kopelman & Paige on Wednesday, September 30" at 6:30 p.m. at the Eagle House Senior Center. She will modify the flyer to ===PAGE 6=== state attendance is strongly recommended. We will send this flyer out tomorrow to all members of boards. Public Comment: Troy Daniels, 94 Main Street, asked about the status on the Animal Control Officer complaint. He also wanted to know whether we as a community would approve setting animals loose in the community at the peril of the animal and/or the people in the community. Ms. Lafleur stated next week's agenda will cover ACO Services. She has met with the ACO and the Police Chief since the complaints. They put together an outline of the current services provided and identified some potential weaknesses in process. This will be a good opportunity to talk about services that we don't provide and see if the community is interested in a different level of services and the associated costs. We have some statistics of the number and types of calls over the last year. The Police Chief and the Animal Control Officer will be present at that meeting. Mr. Alonzo and Ms. Bertram wanted more information regarding the ACO responsibilities and to see the presentation next week before responding to Mr. Daniels' question. Mr. Ebersole added he wanted to hear what the Board of Selectmen's responsibilities are regarding this. Greg Bittner, 129 Pleasant Street, had some questions regarding the community solar project proposal. He asked it the third circuit would be affected. He was wondering if the Town would enter into another agreement with Unitil. He also wondered why Fitchburg was not interested in the solar project. Can we find out why? Would we have to go to town meeting to enter into the agreement with Nexamp? Ms. Lafleur stated she would have to look into that. Mr. Alonzo stated regarding the first question, you would have to ask Unitil as they are the only people who would answer that. As far as the location, it should be a matter of public record in Fitchburg if it went before their Planning Board. As far as an agreement, it would be with Nexamp not Unitil. David Prokowiew, 733 West Street, also wanted to know about the third circuit. He asked Mr. Toale about the Board's goals; storm water management, traffic management and economic development. He suggested surveying residents about these topics to see where we want to go as a town. Are the Selectmen's workshops open to the public? Mr. Toale stated all the meetings are open to the public. He encouraged input from residents. Ms. Bertram added years ago the Planning Board held envision sessions and they are going to be an important part of the process. Mr. Prokowiew suggested they should work together across boards. He thought it was a great idea. Is the information on the solar project going to be available online? Ms. Lafleur stated she would put it on the website tomorrow. He asked about the Special Town Meeting, is it going to be explosive? Ms. Lafleur hoped not. There are a few things that might be controversial. There are some budget adjustments, personnel committee articles, etc. Mr. Toale announced the next meeting is September 22nd Motion: P. Bertram To adjourn the meeting at 9:15 p.m. 2™: P. Luck Vote: All in Favor Respectfully submitted Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2015-09-22-agenda-4944.txt BOARD : select-board DATE : 2015-09-22 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-09-22-agenda-4944.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09222015-4944 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN September 22, 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 License Hearing (continued) Lineage Vapors LLC-(2) automatic amusement devices CURRENT BUSINESS 1. Animal Control Services 2. Open Warrant for STM for Nov. 16 - milestones 3. Turkey Hill Family Lions Club Tollbooth Request for Sept. 26 (8 am to 2 pm) 4. Review Mission Statement for Storm Water Task Force 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 UPCOMING MEETING SCHEDULE October 6 October 13-workshop meeting October 20 ======================================================================================== DOCUMENT : 2015-09-22-minutes-4944.txt BOARD : select-board DATE : 2015-09-22 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-09-22-minutes-4944.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09222015-4944 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MEETING MINUTES September 22, 2015 The Board of Selectmen met in the Lunenburg Town Hall, Joseph F. Bilotta Meeting Room, 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 P.M with the Pledge of Allegiance. Public Comment: Ms. Luck wanted to correct the date for the presentation of the Boston Post Cane to Sarah Powell to October 19 at 2:00 p.m. at the Eagle House Senior Center. She also reminded everyone of the Farmers' Market on Sundays from 10 a.m. to 1 p.m. Mr. Toale announced a vacancy on the Taxation Aid/Property Tax Workoff Committee as well as the Finance Committee, and two positions on the Building Reuse Committee. Jim Cote, 431 Mulpus Road, asked about any updates on the availability for solar for residents. He asked if the Nexamp proposal would affect his application for a solar installation on his home. Mr. Alonzo reported Unitil has not provided any further information to the Town on the third circuit and if the negotiations go forward with Nexamp, this would allow residents to get the benefits of solar without actually having solar installations on their houses. Appointments: Lineage Vapors, LLC - License Application for (2) Automatic Amusement Devices Manager Sean McGonagle was present and requested to have a crane machine and a video game license. The crane machine would dispense samples of products that they sell. Ms. Bertram believed there might be a need for a common victualer license. Ms. Lafluer stated she would check with Executive Assistant Peterson on the requirements for common victualer licensing. Ms. Luck asked if you had to be over eighteen years of age to enter the store and Mr. McGonagle stated this was their policy. Ms. Bertram asked about the bar area. Mr. McGonagle stated it was just an area for customers to sit. Mr. Toale asked if anyone else was present to speak for or against the license application. There was no one. He closed the hearing. Motion: T. Alonzo 2nd. P. Bertram To approve the license for two automatic amusement devices (1 crane and 1 video game) as presented for Lineage Vapors, LLC Vote: All in Favor Current Business 1. Animal Control Services (ACO) Ms. Lafleur delivered the first part of the presentation. In addition to state regulations addressing ACO services, there are local regulations. Animal control is geared towards companion animals (dog, cats, etc.) and does not involve wild animals; these are covered by the MA. Division of Fisheries and Wildlife. Non-domestic/farm animals fall under the jurisdiction of the Department of Agricultural Resources and are managed locally by the Board of Health through the Animal 1 ===PAGE 2=== Inspector, Field Driver and Pound Keeper positions. In Lunenburg there is one person who holds all those titles but we are just addressing dogs and cats this evening. Animal control is governed by M.G.L. Chapter 140, § 136A-174E and through the Town Bylaws, Article IX, 81A -C. • All residents are required to license any owned dog over 6 months of age • To receive a license, the owner must provide proof of rabies vaccination and if the dog is spayed/ neutered (higher fees may be levied, if not) • Owners must keep the dog's license tag on the animal at all times • Any resident owning or keeping more than four dogs on a single premises must have a kennel license issued by the Town & inspected by the ACO • Dog licenses do not automatically transfer • Owners have 30-days to obtain a license if there is a change of residency 1s. Latleur stated M.U.L. Chapter 140, 8151 states the ACO shall be appointed annually by th board of Selectmen. Since she has been Town Manager the appointment had been made by he and ratified by the Board. Going forward the appointment shall be made by the Board of Selectmen. The notice of appointment is required annually to the Department of Agricultural Resources. In 2012 there were several changes made to the law that regulates animal control; one change was required training defined by §151C. "The Commissioner shall, from time to time and subject to the availability of funds... provide for a training course for animal control officers... there shall be a preference for persons who have been in the employ of a city or town as an animal control officer for 12 months or less..." According to Lauren Gilfeather, MA Animal Fund Coordinator, as of August 2015, the training has not been "rolled out" and no ACO has gone through the mandatory training. Duties of the ACO are defined in section 151A (A), the Board of Selectmen shall annually issue a warrant (form of warrant is found in Section 153) to the animal control officer directing the officer 1) to seek out, catch and confine all dogs within the city or town which are not licensed, collared or harnessed, or tagged. The ACO must confine dogs in a place suitable for the detention of dogs and kept in a sanitary condition. The Department of Agricultural Resources is charged with periodically inspecting locations. 2) to enter and prosecute a complaint for failure to comply (license) with this chapter against the owners or keepers, if known. 3) to euthanize or caused to be euthanized, each such dog not licensed, collared or harnessed, or tagged, after being detained by the officer for a period of 7 days. During the detainment period, ACO must actively seek the rightful owner by scanning the animal for a microchip and comparing the animal against descriptions of dogs licensed within the town; ACO should use whatever means are at their disposal to advertise found animals in an attempt to locate the rightful owner. ACO may make dog available for adoption after 7 days if the dog is free of disease. 4) ACOs must maintain complete records that disclose the following information about each animal in their custody: the date and location of where the animal was found, description of the animal, the place of detainment, if tagged, the name and address of the owner of the animal and the name and address of a new owner, if any, including the date of sale or transfer of the animal. If the animal is euthanized, the method and date of euthanasia and the name of the person who euthanized the animal should be reported in a record. Also the date, location and description of 2 ===PAGE 3=== an animal euthanized by gunshot in case of emergency, the disposition of the animal remains and a description of the situation requiring the gunshot. Records must be kept for not less than 2 years. • ACO must submit quarterly reports to the Board of Selectmen, on or before 15' of October, January, April and July. Note: the ACO currently submits a monthly record with invoice that meets some of the above requirements. Required records must be submitted going forward. Ms. Lafleur moved on to the Town Bylaw, Article IX, Section 1A, Dog Restraint. No owner or keeper of any dog shall permit such dog, whether licensed or unlicensed, to become a public nuisance. • Duty of the ACO is to apprehend any dog which he/ she has reason to believe is a nuisance. • Public Nuisance is defined as: any dog shall be deemed a public nuisance when attacking persons or domestic animals while such dog is on property other than that of the dog owner; when destroying property; when on a public school ground and not under restraint; when it persistently chases moving vehicles; when it persistently and continuously barks or howls; when it is permitted to run at large and unrestrained on property other than its owners; any unspayed female dog in season shall be deemed a public nuisance when not confined indoors or house in a veterinary hospital or registered kennel. Ms. Lafleur then referred back to M.G.L. regarding nuisance or dangerous dogs. M.G.L., Chapter 140, Sections 157 - 165, Nuisance or Dangerous Dogs. Nuisance is no longer defined in M.G.L., Section 157 sets forth the process for conducting a hearing. • Any person may file a complaint in writing to the hearing authority that a dog is a nuisance or dangerous dog, provided that no dog shall be deemed dangerous solely based upon growling and/or barking or based upon the breed of the dog. • If the dog was reacting to another animal or person and the dog's reaction was not grossly disproportionate to any of the following: the dog was protecting or defending itself, offspring, another domestic animal or person from attack or assault, the person who was attacked or threatened by the dog was committing a crime upon the person or property of the owner or keeper of the dog, the person attacked or threatened by the dog was engaged in teasing, tormenting, battering, assaulting, injuring or otherwise provoking the dog, at the time of the attack or threat, the person or animal that was attacked or threatened by the dog had breached an enclosure or structure in which the dog was kept. Ms. Lafleur presented monthly statistics for Fiscal Year 2015: • Average of about 38 calls/ complaints • Average of about 10 which are handled solely over the phone • Average of about 28 require site visit •I Average of about 20 dogs detained in kennel She did ask Police Chief Marino to review the current level of service; Proposal for Moving Forward • Police Chief conducted a review of current operations & both he and the Town Manager agree • Transfer day-to-day operations of Animal Control Services to the Police Chief, effectively immediately 3 ===PAGE 4=== • Police Chief to review proposal Ms. Lafleur presented the current budget for ACO: : FY2013 FY2014: FY2016 Appropriatod Appropriatod Appropriatod FY2016 Town Mgr Adjusted 04/03/15 292 - ANIMAL CONTROL 511000 SALARY ANIMAL CONTROL OFFICER Porsonnel Sub-Total: : 531025 VETERINARY CHARGES 531026 CARE AND CUSTODY 534200 PRINTING 540000 OFFICE SUPPLIES * 571000 MILEAGE REIMBURSEMENT Exponses Sub-Total: 292 - ANIMAL CONTROL - Total $ $ $ $ • $ $ $ $ 11,580 's 11,580 $ 2,800 $ 7,500 $ 500 $ 1,000 $ 1,200 $ 13,000 $ 11,580 $ 11,580 $ 2,800 • $ 7,500 $ - $ 1,000 $ 1,200 $ 12,500 $ 11,580 11,580 $ 2,800 $ 7,500 $ $ 1,250. $ 1,200 $ 12,750 $ $ 24,580 $ 24,080 $ 24,330$ 12,000 12,000 2,800 7,500 500 1,000 1,500 13,300: 25,300 The proposed changes to implement would be cost neutral. The ACO is paid by a stipend of $1000 per month averaging to about twelve hours per month at $20 per hour. Ms. Lafleur stated there would not be changes to this. Police Chief Marino stated the supervision of the ACO falls under him. He reported: a) Many calls are presently directed to the ACO's home instead of through Dispatch, b) There is no formal, modern or accurate method of keeping or archiving records, c) There is no definitive scope of services or response policies in written form, d) There is no Assistant ACO job description or clarification of authority to hire, e) Professional development/in-service training mandates and need has not been noted, f) There would be no formal Acting ACO, should the ACO take a vacation or extended leave, g) There is no direct communication with the Police Department via police radio or organized method of logging calls, h) There is nothing in place to ensure the safety of the ACO while responding to animal complaint calls. The Animal Control Officer has been employed by the Town since the 1970s. Ms. Comeau works from home where she has provided kenneling for dogs and cats throughout her tenure... the majority of animal calls are received at her home via her home phone. The calls are recorded on a notepad in handwriting. A small number of calls are handled on the phone while the majority of calls require a service call to the location. In many cases, the ACO responds to the scene of the complaint at all times of the day and night without the knowledge of the police, or anyone else. Chief Marino found this situation extremely dangerous, and therefore suggests primarily for this reason, but also for other reasons, that there be oversight by the police. He suggested having her connected to the Police through a portable radio in her vehicle as well. There is no formal set of rules, policies, or procedures that the ACO follows leaving much confusion as to how calls for animal service are handled and how violations are enforced. In many cases the confusion results in a citizen complaint against the ACO which more often than 4 ===PAGE 5=== not involves an investigation by the police. The police are left to interview the ACO because there is no written recording of the ACO's action relating to the call. The police would then have to interview the complainant only to find in most cases the complainant was confused as to the proper response to their particular complaint. If every call had a written response as to the call type and action taken, then a more immediate explanation would be available for the police to access which would save an enormous amount of labor. In addition, recording the calls would provide the police and the town with statistical data that could be used for a number of reasons including analysis and prevention. Recording call types and actions with a written set of policies, procedures, rules and regulations would provide more consistent enforcement practices for animal complaints and clarify response to calls for service thereby reducing the number of citizen complaints. In addition to social media, the Town's website and news media should be used to promote public awareness as to the responsibilities of the ACO and create more transparency. He added this is something that is not going to happen overnight, it will take time to institute the changes. Ms. Luck asked when he thought Dispatch would be able to handle the calls. Ms. Lafleur stated they are looking to make the transition from calls to the ACO's personal residence to Dispatch immediately and based on the call volume it should not be a big issue. Mr. Ebersole asked about the time table for the policies and procedures. Chief Marino stated he would probably need about a month to research and complete. Mr. Ebersole asked if this position is listed in the town bylaw. She stated it is not under the salary administration plan. He clarified more about having an evaluation tool for the position as with every other town postition. Ms. Lafleur stated that was a reasonable expectation. Ms. Luck asked about a loose dog being considered a nuisance according to bylaw and if it should be picked up by the ACO. Ms. Lafleur confirmed she has discussed such situations with the ACO. There is a short period of time that the ACO tells the caller to wait, if the dog appears okay, and see if it will go home by itself. But the ACO does tell them to call her back if the dog does not. Ms. Lafleur added fines can also be levied for nuisance dogs by the ACO. Mr. Ebersole pointed out that the Lunenburg bylaw is a "restraint" bylaw versus a "leash" law and this needs to be communicated to the public by placing policies and procedures on the town website. He also suggested looking into possible liability for the town for a dog that is loose on the street and in the event something bad results from something the town did or did not do. Mr. Alonzo added keeping events well documented is good for everyone. Further discussion ensued about policy and procedure. Mr. Alonzo thanked ACO Comeau for participating in the process and her helpful information. Ms. Comeau wanted to thank Chief Marino and Ms. Lafleur for their contributions to the process as well. Ms. Comeau stated since 1977 she has only had 24 dogs euthanized. Ms. Bertram asked Ms. Comeau about her budget and how she cares for all the dogs. Ms. Comeau stated a lot of the times she uses her personal money to teed the dogs. Mr. Alonzo stated that is why there needs to be a policy and owners should have to pay for their dogs being cared for upon picking them up as it is a service that has value to Ms. Comeau stated she is ready to be done with the job but will remain until a replacement is found. The budget will have to be increased if someone else picks up the job. Mr. Ebersole asked if she charged any adoption fees. Ms. Comeau stated she does not charge a fee and every dog gets a bath before it is released to a new home. She will charge the town $3 per day for care ===PAGE 6=== although it is usually more than that. Mr. Ebersole asked the Chief to add something to address adoption fees while drafting the policies. Mr. Toale thanked Ms. Comeau. 2. Open Warrant for Special Town Meeting for Nov. 16 Ms. Lafleur proposed opening the warrant this evening and closing it on Monday, October 5 at 4:00 P.M. She also identified the meetings of the Finance Committee and Board of Selectmen in order to review warrant articles. She has pulled everything from the 2015 Annual Town Meeting that was not taken up and added in a collective bargaining agreement budget adjustment article. She will also include an amendment to the salary administration plan bylaw from the Personnel Committee. Ms. Lafleur stated she still needs to check with the Planning Board for any other items. Motion: R. Ebersole To open the Warrant for the Special Town Meeting of November 16 2'd: T. Alonzo Vote: All in Favor 3. Turkey Hill Family Lions Club Tollbooth Request for Sept. 26 Mr. Toale read the request from Lions Club President Lisa Normandin for the fundraiser on Saturday September 26, 2015 from 8:00 a.m. to 2:00 p.m. Motion: T. Alonzo To authorize the tollbooth fundraiser as presented 2"d: P. Bertram Vote: All in Favor 4. Mission Statement for the Stormwater Task Force Ms. Bertram read the draft mission statement aloud: "The Stormwater Task Force is charged with the development of a comprehensive stormwater management plan that complies with state and federal regulations, provides a storm and surface water system that controls damage from storms, protects surface water quality and protects the environment. The plan shall determine which local agency or agencies will be responsible for implementation, establish the estimated cost of the program, as well as provide for the creation of an ongoing funding source to enable its success." Mr. Toale thanked Ms. Bertram and Ms. Luck and suggested going forward this format could be used for the other two goals; Economic Development and Pavement Management Plan/Traffic Rules & Orders. Ms. Bertram referred to the suggested composition of the task force and wondered if they should be solicited now. The suggested members/representatives for the Stormwater Task Force would be a member from: Planning Board, Conservation Commission, DPW, Board of Health, Selectmen and 2 Members at Large. It will be circulated to all the pertinent boards and personnel and posted on the town website. Motion: P. Bertram To establish a storm water task force with the membership composed as presented 2"d: R. Ebersole Vote: All in Favor 5. Minutes/ Warrants/ Action File Issues Minutes of September 8, 2015 were presented for signatures. A warrant for school construction in the amount of $3,053,290.84, a payroll warrant in the amount of $684,778.10, an accounts payable warrant in the amount of $795,252.63 and a payroll deductions warrant in the amount of $143, 331.24 were presented for signatures. ===PAGE 7=== Mr. Toale presented two proclamations for signatures for an Eagle Scout Ceremony on October Mr. Ebersole asked about the status of the bylaw review committee. Ms. Lafleur reported there is a meeting tomorrow with staff concerning the editorial and legal analysis of the codifications project. It will be reviewed and suggestions will be forwarded to the Board. Mr. Alonzo asked about the Charter Review committee timeline as well. Ms. Lafleur will report back on that as well. 6. Committee Reports Mr. Ebersole reported the Board of Health will be meeting with this Board on October 6* to mutually appoint to the BOH vacancy until the next election. The Library Board of Trustees had their first meeting with the two newly appointed trustees. The two new librarians came in and spoke with them. They have a new program for children and the school department for the upcoming year. The Sewer Commission reports the major construction on the Pratt Street, Lakeview Avenue sewer extension project has been completed. Final pavement and betterment assessment will begin in the spring. Mr. Alonzo reported Cable Advisory will be meeting with P.A.C.C. on October 5' regarding their business plan. Finance Committee meets this Thursday (24"). Next meeting for the School Building Committee is in October. Ms. Bertram reported she did not attend, but a Conservation Commission member reported to her that the Conservation Commission approved the LSIC Order of Conditions for Lake Shirley. They have requested annual updates from LSIC and a full lake management plan by January. They also discussed Conservation Commission regulations and town bylaws conflicts and possible changes. There was discussion about potential conflicts of interest of four members of the Commission due to living near lakes and ponds; they will be coming before the Board for a determination. Ms. Luck reported the School Committee met on September 16" • John Londa, Facilities Director, reported on the Passios School facilities plan; it typically costs around $200,000 per year to operate Passios. It would cost approximately one million dollars to demolish it. Regarding Turkey Hill Middle School as a Grade 3- 5 elementary school; he had three options. Option 1 is to renovate in FY'24, it would be phased and rely on proximity to the Middle/High School and temporary portable classrooms to succeed. This would cost an estimated $22 million for asbestos abatement, roof repair, HVAC, window replacement and electrical work. Option 2 is to build a new grade 3-5 elementary school in FY'24 on the central campus and demolish Turkey Hill for additional field space. Option 3 is to purchase 25 acres for replacement of the school building project in FY'24. School Committee Chair Berthiaume felt 2024 is too soon and wanted Mr. Londa and Supt. Calmes to figure out how to extend the use of the school for an additional ten more years before approaching the town for another school. Mr. Londa also is pursuing rebates from Unitil and National Grid in connection with the new middle/high school. MSBA will receive 53% of the rebates. Ms. Luck commented on the negative effects of the large class size in grades two and three at the Primary School. They said they have no room and are even using the music room as a classroom. When grade three moves to Turkey Hill Middle School next year, they will have more room. The ZBA will be hearing ZEDA's request for an outside patio tomorrow night. ===PAGE 8=== MPO met on September 16", , they heard a presentation on MART's new transportation plan and bus route changes which will be implemented in October. There will be a representative coming to the Board regarding their updates. Mr. Toale reported Building Reuse met last evening and they are working with Tappe Architects on the feasibility study. The committee is departing from their current meeting schedule and will meet as needed due to quorum issues. Next meeting is on October 5t". He encouraged anyone with interest to request to be appointed to fill the committee vacancy. There was no Town Manager or Department report this evening. Public Comment: Ms. Bertram stated she attended the Story Hour at the Library with her grandchildren and it was a wonderful program for the kids. She encouraged others to attend the programs at the Library. Mi. Toale reported this Board meets again on October 6" Motion: P. Bertram To adjourn the meeting at 9:27 p.m. 2"d: R. Ebersole Vote: All in Favor Respectfully submitted, Can etersoneterson Peterson Executive Assistant to Town Manager 8 ======================================================================================== DOCUMENT : 2015-10-06-agenda-4945.txt BOARD : select-board DATE : 2015-10-06 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-10-06-agenda-4945.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10062015-4945 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2015-10-06-minutes-4945.txt BOARD : select-board DATE : 2015-10-06 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-10-06-minutes-4945.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10062015-4945 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MEETING MINUTES October 6, 2015 The Board of Selectmen met in the Lunenburg Town Hall, Joseph F. Bilotta Meeting Room, 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 P.M with the Pledge of Allegiance. Public Comment: Ms. Luck stated she attended the September 23rd meeting of the Lunenburg Water District at which they discussed researching how to fund a proposed $1.2 million garage/office space on land purchased at 496 Massachusetts Avenue. They mentioned there would need to be a vote of the residents of the Water District either at the Annual Meeting in March 2016 or at a special meeting to approve the project. Mr. Ebersole stated he was surprised that Ms. Bertram and Mr. Alonzo met only with one Water District Commissioner and Superintendent McNamara. He had a concern that the newspaper reported Bertram and Alonzo were in favor of the Intermunicipal Agreement (IMA) with Lancaster. He was apprehensive about the impact of the Board of Selectmen's involvement with the Water District in an unofficial way and the communication that is lacking as this Board has not voted officially on the IMA. Ms. Bertram commented that the Board had received an email from Supt. McNamara looking for two Board members to meet with the Water District to discuss the feasibility of an IMA. She and Mr. Alonzo were surprised when they did meet it was only with Commissioner Mark Bursch acting as an individual. She stated any views presented at that meeting were individual not those of the Board. Mr. Toale reported there was a good turnout at the Open Meeting Law workshop on September • It was presented by Joel Bard of Kopelman & Paige, P.C. It was recorded and is available for those members of Boards/Committees who could not attend on the public access channel. All Veterans are invited to a complimentary luncheon at Eagle House Senior Center on Veteran's Day, November 11" from Noon to 2 p.m. The event is hosted by the Lunenburg Women's Club. Pre-registration is required by signing up in person at Eagle House or by calling 978-582-4166. Ms. Luck wanted to add something about the Open Meeting Law workshop and the correct recording of minutes. She stated Joel Bard clarified that minutes should only have the essence of the meeting and not every word. She was wondering if there could be some method to make them more consistent throughout all the boards. She also suggested every board/committee member should have their own Lunenburg online email account. Ms. Bertram confirmed that some other people approached her on how to get an email account atter the meeting. She requested Steve Malandrinos send something out to all board members on how to go about getting a "lunenburgonline" email account. ===PAGE 2=== Appointments: Meeting with Board of Health to Mutually Appoint to Vacancy Mr. Toale asked if the Board of Health members were present. Chairman George Emond stated they were present and he called the Board of Health meeting to order. He stated the vacancy was due to the passing of David Shea, a longtime Board of Health member. He reported they had a candidate, Jim Auge, who would like to be appointed. Mr. Toale read the vacancy posting aloud in keeping with the appointment process: "Notice is hereby given pursuant to Sections 3-1, 7-10, and any other relevant provisions of the Town Charter, of the following vacancy: Board of Health Member The term of appointment is immediate and until the next Annual Town Election in May 2016. The duties of the Board of Health are defined in Section 3-6 of the Town Charter, and include: (b) Powers and Duties - The Board of Health shall be responsible for the formulation and enforcement of local rules and regulations affecting the environment and the public health and for the enforcement within the town of all state statutes and the provisions of the code of Massachusetts regulations affecting the public health. The board of health shall have all of the other powers, duties and responsibilities given to boards of health by general laws. The Board of Selectmen and Board of Health will accept applications from interested persons through September 14, 2015. Interested parties should submit an application to: Office of the Board of Selectmen, Town Hall, 17 Main Street, Lunenburg, MA 01462. The vacancy will be filled by joint vote of the Board of Selectmen and Board of Board of Health in October, 2015. This notice was posted September 4, 2015 and expired September 14, 2015." Mr. Toale welcomed Mr. Auge. Mr. Auge stated he has been in the wastewater business since 1977. He is a licensed wastewater treatment operator in the state of Massachusetts. He is aware of Title V requirements and has been retired since 2003. Mr. Ebersole stated he had met Mr. Auge at one of the BOH meetings and finds him well qualified. Ms. Luck thanked him for volunteering to fill the vacancy. Motion: P. Bertram 2":G. Emond To appoint Mr. Auge to the Board Health Vote: Emond-aye, Jewell, -aye, Passios- aye, Fortin- aye, Bertram- aye, Luck-aye, Ebersole-aye, Toale-aye, Alonzo-aye Mr. Toale moved on to the other scheduled appointments. He asked Police Chief Marino to come forward regarding the appointment of Todd Lynch to Reserve Police Officer. Chief Marino stated this is to fill one vacancy created due to a retirement. He has three additional candidates currently going through Reserve Academy Training. Mr. Lynch has successfully completed Reserve Intermittent Police Academy training, passed the required employee physical, physical agility test and the background check. He has trained as an intern with the Massachusetts State Police Gang Unit and the Lunenburg Police Department. He highly recommends him for the position. Motion: R. Ebersole To ratify the appointment of Todd Lynch as Reserve Police Officer 2^: P. Bertram Vote: All'in Favor Chief Marino reported the Police Department probably will receive more than seventeen thousand calls for service and he wanted to commend the Police Department on a case in the past tour or five weeks where a suspect was throwing drywall screws in the road on Hemlock Drive every morning that was aimed at one person but affected many people. Many people were ===PAGE 3=== inconvenienced due to flat tires. Officers came together as a team and caught the person in the act. He stated a letter will be sent to the Town Manager commending them for a job well done. Mr. Toale thanked Chief Marino. Director of Municipal Finance Appointment Ms. Lafleur requested the Board ratify her appointment of Town Accountant Karen Brochu as Director of Municipal Finance. In addition to her current and continued role, Ms. Brochu will also be responsible for coordination of all financial services and activities of the Town, including day-to-day oversight, supervision and management of the office of Town Accountant, Treasurer- Collector and Assessor, as defined in Section 5-3 of the Town Charter, with the exception of procurement. This will continue to be managed through the Town Manager office. Ms. Brochu does an outstanding job and is long overdue for a promotion. Mr. Alonzo stated Ms. Brochu's work and work ethic has always been exceptional. Mr. Ebersole wanted to echo Mr. Alonzo's statements. He worked with Ms. Brochu years ago and it's great to see her where she is today. Ms. Brochu stated she attends Massachusetts Municipal Auditors and Accountants School and has been a certified municipal accountant for twenty years. She maintains that certification. She has attended procurement training (MCPPA) and is close to being certified in that designation as well. Ms. Bertram stated she also has had an opportunity to work with Ms. Brochu. She is an outstanding employee and the Town is very fortunate to have her. Motion: T. Alonzo 2nd: P. Bertram To ratify the appointment of Karen Brochu as Director of Municipal Finance Vote: All in Favor The Board congratulated Ms. Brochu and she thanked them. Cultural Council Appointments Maryellen Letarte stated she has lived in town since 1978. She participated in the Lunenburg 250' Birthday Celebration. She volunteers at the Library. Every year since 2009 she has organized a public poetry reading. She would like to be a Council member because it's her time to give back to the community. Motion: T. Alonzo 2"d: P. Bertram To appoint MaryEllen Letarte to the Cultural Council with a term to expire June 30, 2018 Ms. Bertram asked Ms. Letarte what kind of events she would like to bring forward through the Cultural Council. Ms. Letarte stated a variety; she likes poetry and writing, and some theater and music programs. Vote: All in Favor The Board congratulated Ms. Letarte. Sarah Coon stated she was a transplant here from Arizona. She graduated from Arizona State University with a Bachelor's Degree in Arts History, She is a huge advocate of film photography, both digital and analog. She has been a stay at home mom for five years and now has more time. Ms. Bertram thanked her for coming forward. Motion: R. Ebersole To appoint Sarah Coon to the Cultural council with a term to expire June 30, 2018 2nd. P. Bertram Vote: All in Favor The Board congratulated Ms. Coon. ===PAGE 4=== Mr. Toale moved on to Budget Revision Amendment #4, based on Change Order #3 for School Construction. School Superintendent Loxi Calmes reviewed the items adding this has been voted on by the School Committee. They include adding mirrored glass to the weight room ($3205), carpeting on the auditorium stairs ($6,668), drainage work on the Main Drive and West parking lots ($27,903), granite curb detailing ($5,343) and wood blocking for placement of dispensers for students in science labs ($6063). The total amount of the change is $49,182. Motion: R. Ebersole 2"°:T. Alonzo To approve the budget revision #4 based on change order #3 totaling $49,182 Ms. Bertram stated during the plan review a question was asked if more water would discharge out on to Massachusetts Avenue; is this drain near that? Ms. Calmes stated the water was coming from Oak Avenue. Ms. Bertram asked if the water going in to the new drain will discharge into the Town stormwater system. Ms. Calmes stated it is going into the retention system that was out on the site. Vote: All in Favor Ms. Calmes congratulated Ms. Brochu stating she has had the opportunity to work with her since becoming School Superintendent thirteen years ago and she is an amazing individual who is approachable and helpful. She added she is so excited that she has received this promotion. Ms. Calmes wanted to remind everyone about Homecoming on October 24t*. ' She invited all to attend one of their many events. She thanked the Board for their support. Amend BOS Policies & Procedures, Art. 3, to add Section 3.07 Investment Policy Statement (IPS) Ms. Lafleur reported one of the suggestions in the auditors' management letter was to create and have the Board approve an investment policy. Section 1 of the IPS applies to short term operating funds such as general funds, special revenue funds, enterprise funds, bond proceeds and capital project funds. Massachusetts General Law, Chapter 44, § 55B requires the municipal/district treasurer to invest all public funds except those required to be kept uninvested for purposes of immediate distribution. State law further requires that invested funds are to be placed at the highest possible rate of interest reasonably available, taking into account the acceptable levels of safety, liquidity and yield. Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to preserve capital through the mitigation of credit risk and interest rate risk. Liquidity is the next most important objective. The overall investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. Yield is the third and last objective. Investments shall be undertaken so as to achieve a fair market average rate of return, taking into account safety and liquidity constraints as well as all legal requirements. There are certain investments that the Town is allowed to use: Massachusetts State pooled fund, the Massachusetts Municipal Depository Trust (MMDT), U.S. Treasuries, bank accounts or Certificates of Deposit (CDs") up to a year, bank accounts and CDs (up to one year) insured by the F.D.l.C. up to the coverage limit, unsecured bank deposits of any kind such as other checking, savings, money market, or Certificates of Deposit accounts at banks that do not fit the above categories and Money Market Mutual funds. ===PAGE 5=== The policy addresses risk tolerance, diversification, authorization, ethics and relationships with financial institutions. There is also a quarterly reporting requirement and restrictions are addressed Section II addresses Investments in Trust and Stabilization Funds. This section of the IPS applies only to funds that could be invested long term, i.e. trust funds, stabilization funds and community preservation act funds. These funds include accounts that are received as scholarships and perpetual care receipts. Massachusetts General Law, Chapter 44, § 55B requires the Treasurer to invest all public funds except those required to be kept uninvested for purposes of immediate distribution. The policy continues with direction on where and how money should be invested as well as a list of legal investments, ethics, relationships with financial institutions, reporting requirements and legal references. Ms. Lafleur requested the Board approve the policy this Motion: P. Bertram To amend Board of Selectmen Policies & Procedures, Article 3, and add Section 3.07 Investment Policy Statement 2"': R. Ebersole Vote: All in Favor Review of Special Town Meeting (STM) Articles Ms. Lafleur reported the Special Town Meeting warrant closed yesterday. The bulk of the articles will be reviewed next week. The first article is the Collective Bargaining Agreement for Professional Firefighters PFFM, Local 4358A. She stated they have been working on this for a number of months. No settlement has been reached yet. The second article is to pay prior fiscal year bills. Article 3 is to adjust the FY 16 budget. There were some adjustments to state aid that were received after the annual town meeting in May. Articles 4, 5, 6 and 7 are holdovers from the annual town meeting and all rescind approved borrowing from previous town meetings. Articles 8, 9 and 10 are also Bylaw holdovers from the annual town meeting, submitted by the Police Chief for Regulating Use of Vehicles on Whalom Lake, Bylaw Restricting Public Consumption of Marijuana or Tetrahydrocannabinol and Authorizing Board of Selectmen to License Suitable Persons to Carry On the Business of Pawnbroker, etc. Chief Marino will be talking to Town Counsel before coming before the Board next week. Article 11, another holdover from town meeting, would amend the existing Bylaw, Article XXIX, Agricultural Commission, to add the charge of the Farmer's Market to them. Article 12 authorizes the Board of Selectmen to Enter into Alternative Energy Power Purchase and/or Net Metering Credit Purchase Agreements. Article 13, prepared by the Personnel Committee, amends the Salary Administration Plan. These will be presented to the Finance Committee on Thursday. Article 14 transfers funds to the Stabilization Account. Article 15 authorizes a Non-Binding Resolution Opposing the Northeast Energy Direct Project. Ms. Lafleur began with Article 4; to rescind the sum of $284,263.59, the remaining borrowing authorization, from Article 2 of the 11/06/2001 STM for engineering and construction of sewers and Article 5; to rescind the sum of $28,708, the remaining borrowing authorization, from Article 4 of the 05/07/2005 STM for engineering and construction of sewers. These amounts are what remain after the completion of the projects. The only way to remove these from the books is to have Town Meeting authorize doing so. Article 6 is to rescind the sum of $125,000, the remaining borrowing authorization, from Article 5 of the 10/01/2002 STM for the renovation of the Turkey Hill Middle School heating system and Article 7; to rescind the sum of $56,550, the remaining borrowing authorization, from Article 4 of the 05/03/2003 STM for the construction and/or renovations of the heating system at the Thomas Passios Elementary School. These projects have been completed also and this is a cleanup of remaining funds ===PAGE 6=== Motion: R. Ebersole 2nd: P. Bertram To approve tentative warrant Articles 4, 5, 6, and 7 for the Special Town Meeting warrant Vote: All in Favor Article 11 was reviewed next; to see if the Town will vote to add the below bolded wording to Article XXIX Agricultural Commission, Section 1. Said Commission, once appointed shall develop a work plan to guide its activities. Such activities may include, but are limited to the following; encouraging the continued pursuit of agriculture in Lunenburg; promoting agricultural-based economic opportunities in Town; mediating, advocating, educating and/or negotiating on farming issues; working for the preservation of prime agricultural lands; to oversee, operate or run a Farmers' Market Motion: T. Alonzo 2^°: R. Ebersole To approve Article 11 as presented Vote: All in Favor Article 12 is worded: to authorize the Board of Selectmen to enter into alternative energy power purchase and/or net metering credit purchase agreements, including solar and wind energy and related net electricity metering credits, for terms of more than three years, on such terms and conditions as the Board of Selectmen deem in the best interest of the Town; and to authorize the Board of Selectmen to take all actions necessary to administer and implement such agreements Ms. Lafleur stated this came about due to the recent presentation on solar net metering credits. Since this is a multi-year agreement there needs to be approval by town meeting. Authorization was also awarded in 2012, so Ms. Lafleur is reviewing this with Town Counsel in the event it is needed. This article was tabled until next week. Article 15, suggested by a resident, would have the Town adopt a Non-Binding Resolution opposing the Northeast Energy Direct Project. Ms. Lafleur is going to double check with the current project to ensure the resolution matches the project. Mr. Toale moved onto the Review of the Editorial & Legal Analysis of Codification, created by General Code of Rochester, N.Y. The purpose of the analysis is to give an overview of the codification project and to guide in making decisions as to what legislation is or is not to be included in the code and with what, if any, revisions. This analysis has been prepared on the basis of a critique of the Town's existing legislation, including comparison with statutory provisions and similar legislation from other municipalities, and to identify conflicts and ambiguities in order to bring consistency and order to the general body of the Town's bylaws. Ms. Lafleur stated this has been an extensive and lengthy process to have the bylaws, charter and committee rules and regulations reviewed to be consistent within the documents and Massachusetts General Law. She pointed to a spreadsheet that identified or recommended each of the questions posed in the legal document. She has met with the Town Clerk, DPW Director, Fire Chief, Police Chief, Director of Municipal Finance and the Land Use Director and reviewed the entire document. The end result will be to have a complete document at the 2016 Annual Town Meeting to be adopted with consistent numbering, reserved places for future similar regulations, that is readable and easily searchable. The next step in this process is to present the recommendations to the board or committee that the changes will affect. She hoped they could go through this next week. Land Use Director Burney will be present. Ms. Lafleur moved on to the Charter Review process. According to the Charter, Section 7-7 Periodic Review, Charter and Bylaws (a), a special nine member committee shall meet at least ===PAGE 7=== once in every ten years for the purpose of reviewing the charter and to make a report with recommendations to the town meeting concerning any proposed amendments which said committee may determine to be necessary or desirable. The last report was created in 2007 and issued in 2008; so we are looking at 2017 at the latest, for that committee to regroup. Charter changes come via the charter review committee, through the town meeting vote and then state legislature vote. Bylaw Review shall occur every five years in each year ending in 5 or in 0, with revisions or recodification of all bylaws of the town to be prepared by a special committee appointed for this purpose and shall be presented to Annual Town Meeting in the year following the year the committee was appointed. We are in the process of making proposed amendments with this analysis but not in the manner prescribed by the bylaw. Ms. Lafleur will advertise the bylaw review committee in order to appoint to it. Amend BOS Policies & Procedures, Article 4, to add Section 4.09 (a) Jukebox Licenses Ms. Lafleur reported this is a request from Executive Assistant Elaine Peterson who has been reviewing licensing procedures. Jukeboxes are currently licensed under automatic amusement devices, which according to the Board's policies is limited to three devices per establishment. However jukeboxes do not meet the legal definition of an automatic amusement device. Ms. Peterson's recommendation is to create a separate license for a jukebox. Ms. Lafleur added there are some establishments that currently have more than three automatic amusement devices and we are researching the rationale behind the limit. We may be returning to request the increase of the number allowed at some point. Motion: P. Bertram 2nd: R. Ebersole To amend the Board of Selectmen Policies & Procedures, Automatic Amusement Devices Section 4.09 and add 4.09(a) Jukebox Licenses will be designated as a separate license from automatic amusement devices. The fee for a jukebox license would be in accordance with the automatic amusement device fee. Vote: All in Favor Minutes of September 15 and September 22, 2015 were presented. An Accounts Payable in the amount of $764,062.08, Accounts Payable Deductions warrant in the amount of $436,599.80 and a payroll warrant of $702,093.26 were presented for signatures. Action Items: Ms. Luck requested sand for residents be added to the next agenda for discussion. Ms. Bertram requested an update on Chase Road be added to a future agenda as well as the Summer Street project status. She also requested a list of pending agenda items be provided. Ms. Luck asked about the status of the Nexamp negotiations. Ms. Lafleur stated John Londa is working on the first draft of the agreement with her. Ms. Luck worried that the first-come, first- serve rule for the residential net metering credits availability wouldn't be fair. Ms. Lafluer stated she is only negotiating the town end not the community part but she did share those concerns with Nexamp. Committee Reports Ms. Luck reported the Zoning Board of Appeals approved the dog day care facility on Electric Avenue. Mr. Alonzo reported Computer Advisory Committee met with P.A.C.C. to review their business plan and their budget as they pertain to the upcoming cable license renewal. One concern that ===PAGE 8=== arose is the current location of the P.A.C.C. studio in the T.C. Passios Building and its future use. P.A.C.C. members are concerned about finding suitable studio space. Suggestions are welcome. The Finance Committee meets Thursday to review the proposed Salary Administration Plan. Mr. Toale reported Building Reuse Committee will review Tappe Architects' feasibility study at their next meeting. He suggested P.A.C.C let the Building Reuse Committee know what they will need for studio space. Capital Planning met last week and reviewed the long range capital plans and 20 year capital plans of the public safety departments and will meet on the 13" with the school department and DPW the week after that. Town Manager Report Ms. Lafleur stated she had no ACO quarterly report this evening other than what was presented at the last meeting. She had met with Police Chief Marino and Regional Dispatch Director Kenney regarding taking on the ACO calls on one of their non-emergency numbers. Ms. Lafleur has heard back from Brian Keating of MRPC regarding a feasibility study on regional ACO services. It is expected to be completed by October 13". '. Mr. Keating is meeting with some other towns and the Police Chief. Lunenburg has offered to be the host town. The ACO is using more social media for communicating with the public. She has raised funds for dogs seriously injured in a recent auto accident. Ms. Lafleur added policies and procedures are being worked on and could be presented on November 10t Ms. Bertram requested an overview of the MRPC grant award and the objectives and what it covers. Ms. Lafleur stated she could provide a copy of the grant application and the award letter. Public Comment Mr. Ebersole stated the Lunenburg Water District is holding a workshop tomorrow. Some Water District Commission members did not want to have the terms of the IMA made public before they were given permission to proceed. Mr. Ebersole remains concerned about the transparency of the process. Next Board meeting is October 13" Mi. Toale introduced a short video on Eagle House Senior Center that will air on public access following this meeting's adjournment. Motion: T. Alonzo To adjourn the meeting 2": R. Ebersole Vote: All in Favor Respectfully submitted, Yn reveren Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2015-10-13-agenda-4946.txt BOARD : select-board DATE : 2015-10-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-10-13-agenda-4946.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10132015-4946 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN October 13, 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 CURRENT BUSINESS 1. Review of Sand for Residents Program 2. Review & Order STM Warrant Articles 3. Review Editorial & Legal Analysis of Codification 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- ACO Quarterly Report INTERVIEWS/ APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Peter McCarron to Cultural Council –term to expire June 30, 2018 Laura Brzozoski to Cultural Council- term to expire June 30, 2018 Amanda Koeck as Council on Aging Administrative Assistant UPCOMING MEETING SCHEDULE October 20 November 3 November 10 Special Town Meeting – November 16 ======================================================================================== DOCUMENT : 2015-10-13-minutes-4946.txt BOARD : select-board DATE : 2015-10-13 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-10-13-minutes-4946.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10132015-4946 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== fint BOARD OF SELECTMEN MEETING MINUTES October 13, 2015 The Board of Selectmen met in the Lunenburg Town Hall, Joseph F. Bilotta Meeting Room, as scheduled with Jamie Toale, Chair; Robert Ebersole, Vice Chair; Phyllis Luck, Member and Town Manager Kerry Lafleur. The meeting opened at 7:00 P.M with the Pledge of Allegiance. Public Comment: Ms. Luck announced the Lions' Club Pancake Breakfast tomorrow morning at the Senior Center. Mr. Toale stated there were some technical difficulties with the broadcast of the Eagle House Senior Center video last week following the Board of Selectmen's meeting. He informed everyone that it is available for viewing on the Lunenburg public access channel. Appointments Mr. Toale asked Peter McCarron and Laura Brzozoski, applicants for the Cultural Council to come forward first. Ms. Brzozoski introduced herself and stated she wanted to help out where she was needed. Peter McCarron is back after leaving the council membership for a couple of years. Motion: R. Ebersole To appoint Peter MeCarron and Laura Brzozoski to the Cultural Council with a term to expire June 30, 2018 2"°: P. Luck Vote: All in Favor Ms. Lafleur moved on to the appointment of Amanda Koeck as the Council on Aging Administrative Assistant. Ms. Koeck is currently a reporter for the Lunenburg Ledger. She has extensive prior experience working for social service agencies. Her appointment is recommended by COA Director Sue Doherty and is also supported by the Council on Aging. Ms. Lafleur asked the Board to ratify her appointment this evening. Motion: R. Ebersole 2"°: P. Luck To ratify the appointment of Amanda Koeck as COA Administrative Assistant Vote: All in Favor Current Business 1. Review of Sand for Residents Program DPW Director Jack Rodriquenz recommended eliminating this program as a daily activity/procedure for the DPW for several reasons. Safety was the first reason; the sand pile is located right inside the driveway entrance where hundreds of trips are made in and out by town truck drivers and various sub-contractors during snow storms. Residents often come in and are not sure of where to go so they drive slowly or just stop in the middle of the traffic flow area. He stated it is an accident waiting to happen. On weekends, there is a lot of activity by residents trying to access the sand pile. He has witnessed little fender benders. Another reason is abuse of ===PAGE 2=== the honor system; it is rampant not only in Lunenburg but most other towns. A posted sign states not for commercial use and it is limited to filling five gallon buckets. Mr. Rodriquenz and his administrative assistant have seen tractors that come in and fill up the front buckets and tow trucks come in and take yards at a time. Pickup trucks are loaded up. We know this is happening because we have gone out and spoken to these people. It is always adversarial and not a good situation. Mr. Rodriquenz has followed trucks over the years that have taken him into the towns of Leominster, Fitchburg and Townsend. These people are stealing from Lunenburg. Other communities have hired police to oversee but we are not going to do that. It is not easy to manage. Mr. Rodriquez stated some residents believe because they pay taxes they should have access to sand, but he pointed out the town also buys gasoline and we are not giving that out to residents. This is a gray area legally. Legal opinions from the state (Essex County) have consistently led to the conclusion that giving or allowing anyone to take municipal property is an illegal gift of tax payer-funded material. Mr. Rodriquenz has come into work early and found someone is trying to take salt out of the salt shed. DP W has put up a concrete barricade and people are hopping over the barricade. DPW fenced off the premix shed. Someone backed into the fence so hard it was knocked down so they could shovel out of the premix shed. The most dangerous issue is the large sand pile. People think nothing of going in there and filling up buckets with their kids running around and climbing the pile. He added the additional debt and lack of availability of the materials (sand/salt) is also an issue. Mr. Rodriquenz stated going forward he plans on continuing the Sand for Seniors program. This was developed by the Fire Department, DPW and Council on Aging for seniors who sign up at the COA who cannot get out or afford sand for their homes. He agreed that residents should know in advance of this winter that this program will or will not be available. The Board supported Mr. Rodriquenz' decision to discontinue the availability of sand for residents at the DPW. Mr. Rodriquenz thanked the Board Review & Order STM Warrant Articles Ms. Lafleur introduced Cheryl Valera, Personnel Committee Chair, to review the proposed changes to the Salary Administration Plan with the Board. Ms. Valera stated there was a summary of changes but has since met with Ms. Lafleur, Mr. Toale and the Finance Committee, so there are a few additional changes. Section 1. Personnel Committee. Currently, a town employee serves on the committee and some issues could have a direct impact on the employee, posing a conflict of interest, so the change keeps the employee on the committee as a non-voting member. Secondly, the revised document refers incorrectly to the Town Manager when it should be Town Moderator. This will be changed back to Town Moderator. Also added was in the event the Personnel Committee does not have enough members to conduct business, the Town Manager shall have the authority to administer the plan. Section 2. Classification and Salary Schedule: Clarifies the language to specify that this plan applies to full and part time employees who are not otherwise covered by a collective bargaining agreement or individual contract. Section 6. Job Descriptions and Interpretations. Language was edited to allow more flexibility in job descriptions; added language states the plan should be reviewed every three years. Section 9. Layoff Procedure. CAFO was changed to Town Manager. ===PAGE 3=== Section 11. New Personnel. The current plan calls for new hires to receive a step increase after a six month probationary period. The change specifies that if an employee is hired between January 1 and June 30, they must wait until the following July 1 for their first step increase. This is to simplify the administrative process and place everyone on a once per year schedule of July . Also changed was approval from Department Head and Personnel Committee to Department Head and Town Manager. Section 12. Grievance Procedure. The new procedure of filing a grievance starts with the employee's immediate supervisor (rather than the department head) and moves up the chain of command to the Department Head and then the Town Manager. Section 17. Paid Vacation. This change is a result of a 4 day schedule of 36 hours per week with two 8 hour and two 10 hour days. All time off will be allotted in hours versus days. It will be prorated accordingly per employee. in order to be consistent with the town employees and the clerical union as it relates to seniority, the plan provides employees with an additional 4 hours per year once they reach 10 years and caps out at 200 hours. This is prorated accordingly. In order to comply with the Fair Labor Standards Act, if an employee resigns or is terminated for any reason, they will be paid out their unused vacation time. Approval for paying out unused time at the end of the fiscal year will be changed from the Department Head and Personnel Committee to Department Head and Town Manager. Section 18. Paid Holidays. Since most employees do not work on Fridays, there was a lot of discussion about holidays falling on Fridays. In order to be consistent with the clerical union, the day after Thanksgiving will be designated as a floating holiday and will be prorated based on the employee's regular working hours per week. Section 19. Sick Leave, Sick time has been converted from days to hours and will be prorated based on the employees' regular work week. The mandatory amount of a two hour minimum to be taken has been removed, Sick time circumstances are consistent with the new Massachusetts Sick Leave Law. Section 20. Personal Leave. Changed from days to hours and prorated as well. Section 25. Longevity Pay. Reference to bonus of $5.00 per year has been removed and the percentage amount remains, this is most likely to equate to more money in each case. Section 26. Travel Reimbursement. Changed from .405/mile to rate established by the IRS. Section 27. Disciplinary Policy. There is now more flexibility depending on the circumstances of the offense. One or more steps can be skipped. Section 28. Definitions. The definition of a full-time employee has been changed from 37.5 to 36 hours. The part-time compensation formula which addresses how to prorate employee time off has been changed. Schedule A. Job Classifications. Missing positions have been added. Obsolete positions have been removed. References to Points Values have been removed. Salary Schedule.- Step increases have been changed to every year rather than every two years. There is a step increase change for those hired between January 1 and June 30. The last sentence has been changed to read "Employees receive a step increase each year until they reach the 8i" step, at which time they are eligible for a Longevity Bonus. If the employee reaches 10 years of employment before reaching the 8** step, they are eligible for both the step increase and the longevity bonus." Mr. Ebersole asked if another holiday falls on a Friday, does that become a floating holiday? ===PAGE 4=== Ms. Lafleur clarified that if the employee does not work on the Friday normally, they will not receive a paid holiday. The only day that the floating holiday applies to is the Friday after Thanksgiving Day. Ms. Luck asked if an employee gets reimbursed at the end of the fiscal year for unused vacation time. Ms. Lafleur stated no. They usually are alerted that they need to use that time off before the end of the fiscal year. Motion: R. Ebersole 2"d: P. Luck To recommend approval of the article addressing the Salary Administration Plan as presented with some additional wording changes as discussed tonight Vote: All in Favor Mr. Toale thanked Ms. Valera for the Personnel Committee's work. Article 1- Ms. Lafleur stated there is still no collective bargaining agreement with the Professional Firefighters PFFM, Local 4358A to date, but we will continue to carry this forward. Article 2. Prior Fiscal Year Bills There are no prior fiscal year bills, so we will pass over this article at STM. Article 3. Fiscal Year 2016 Budget Adjustment There are some minor changes; we did receive an increased $120,092 in State Aid revenue. We received $25,684 for Chapter 70; $78,917 for Charter Tuition Reimbursement and $3,257 for Smart Growth 40S. In School Choice Receiving Tuition there was an increase of $11,951 and $283 in Library. Under the Cherry Sheet Charges, we have increased assessments in Charter Tuition of $73,084; Charter Tuition Assessments in the amount of $93,940 are offset by a decrease of the Choice Tuition Assessment ($13,320) and Mosquito Control ($7,593). There is also an increase in the Cherry Sheet Offsets in the amount of $12,234; the total increase offsetting the increase in State Aid is $85,318. This leaves a net increase in revenue of $34,774 and net expenditures reduced by $17,999, producing an additional $52,773 available. The expenditures totaling $17,999 came from a decrease of the Worcester County Regional Retirement Assessment of $18,616 and a decrease in the Monty Tech Assessment of $2,006. We would need to increase our Stabilization Fund percentage based contribution of $2,623, thus leaving our additional revenue at $52,773. This does not include a projected increase in new growth. We may see around $20,000 but Ms. Lafleur is still waiting to hear from the Assessors' office. This leaves a potential surplus of between $53,000 and $73,000. She looked at experience to date with fiscal year 2016. The biggest area of concern right now is Veterans' Benefits. We budgeted $50,000 with claims amounting to $48,000 to date. We don't know if any of those will be certified into calendar year 2016. This number could potentially double. We still have winter to deal with and we've had two retirements to date. We have exhausted our sick leave/retirement buyback line. On the positive side, we are doing well with health insurance. Retirees that receive Medicare supplements from the town are on a calendar renewal rate. We have a little bit of a savings. We are seeing an increase of retirees taking up health insurance. She would like to wait one more week to get the final new growth number. She suggested the additional revenue to go to the Reserve Fund or the Stabilization Fund. Mr. Ebersole and Ms. Luck believed placing it into the Reserve Fund was the better option. ===PAGE 5=== Article 14._ Appropriate or Transfer Funds to Stabilization Fund Ms. Lafleur stated this could be taken up next week or report at Town Meeting. Review Editorial & Legal Analysis of Codification Ms. Lafleur referred back to the spreadsheet distributed last week. She stated Land Use Director Adam Burney was present for questions on any proposed amendments that are related to the zoning bylaw. The document reflects anything made during the May 2014 Annual Town Meeting. The proposed timetable for approval is the May 2016 Annual Town Meeting. Binders: The first three items concern colors of the binder, with or without the seal and the title. Mr. Ebersole proposed having the binder blue with white lettering and including the town seal. He also suggested calling it "The Code of the Town of Lunenburg as recommended by Town Manager and Departments." He also recommended including regulations in the document book so they are all in one place and eventually online, although not for going to town meeting vote. Each board should be given a copy of those proposed changes that affect them so they can make those adoptions to be consistent with state law. Ms. Lafleur stated the Charter was reviewed as well and there is one minor recommendation, however this is not going to town meeting. Titles: the chief administrative officer is called CAFO, CA & FO and/or CAO in various places and should be changed to Town Manager. The same reference is made to Building Inspector, Building Official, Code Enforcement Officer, Building Commissioner, etc. The recommendation is to go with Building Commissioner. Code Adoption: this addresses how the code will be adopted. Four options were provided. We could adopt renumbering only, readopt the document in its entirety, adopt changes by individual warrant articles or adoption with reference with red-line/ strike-through draft of the bylaws. We felt the red-line/strike-through would be the easiest. Bylaws Part 1.Administrative Legislation: Chapter 1, General Administration, Article 1, Enforcement and Penalties, the recommendation is to increase the maximum penalty for bylaws violation from $200 to $300. Chapter 5, Administration of Government, in § 5-3, Town organization of Society should be changed to Town organization or society. We will revise as suggested § 5-4 refers to elected constables and should be changed to appointed constables. Staff advises making no change as the town has both elected and appointed constables. § 5-5 establishes a financial year from July 1 to June 30; staff suggested change is from financial to fiscal. Chapter 12, Boards, Commissions and Committees Article I. Finance Committee- bylaw §§ 12-1, 12-3, state appointment is by the Selectmen; Charter states appointment is by a Finance Committee Appointing Committee, recommendation is appointment process should mirror the Charter provisions for both sections. Article IV Board of Health, recommendation is to remove Article IV from the Code, the bylaws precede the Charter. Staff recommends. Article VI Public Access Cable Committee A. speculation was on whether text from § 12- 15C was missing, it was not, a note will be made that no text is missing. B. addresses how to post meetings according to M.G.L; this was repealed years ago, staff recommends either revising or to remove altogether. ===PAGE 6=== Article VII. Sewer Commission, this article establishes a Sewer Commission while the Charter establishes a Sewer Commission, suggestion is to remove it. Land Use Director Burney interjected that he had checked the Sewer Commission wording and it is redundant. Sewer Commissioner Troy Daniels asked if the Boards could have the ability to review what affects them and respond back to the Board with their input. Ms. Lafleur stated she could reach out to the various boards/ committees as the next step in the process and request feedback. Chapter 33, Fees. The "Auctioneer" entry in the table in § 33-3 refers to M.G.L. c.100, § 14, which was repealed in 1985. The recommendation is to delete the statutory reference and retain the entry or update the statutory reference if one exists. Bylaws Part II, General Legislation Chapter 105, Alarm Systems. The words "when notified" appear twice, suggestion is to remove the duplicate text. Chapter 110, Animals, Article 1 (A) Dog Control, refers to the "Dog Officer", recommendation is to change to "Animal Control Officer" (B) Fees: current fees should be included; (C) §110-1A, state law provisions allow impounded dogs may only be held for seven days, the Town Bylaw allows ten days; the recommendation is to make no change. (D) Fees; fees need to be reviewed to ensure we have the updated fees. Chapter 116, Boats and Boating Article IX, § 8, of the Town Bylaws. This chapter authorizes the Board of Selectmen to issue rules and regulations regarding the operation of boats on Town waters and includes the 1958 regulations as Attachment 1. If the regulations, including the $20 penalty in Rule 5 are current, this chapter appears to be sufficient as written. However, the regulations in Attachment 1, refer to M.G.L.. c. 102, § 15B. Section 15 of Chapter 102 was repealed in 1960, so the Town may wish to remove or revise this reference. The Police Chief recommends this be repealed in its entirety. Mr. Ebersole requested more discussion on this topic. Chapter 127, Cigarettes. This chapter restricts the sale of cigarette rolling materials and appears to be sufficient as written. Note, however, that state law currently permits a maximum penalty of $300, so § 127-2 could be revised to increase the penalty to $300. Chapter 134, Demolition Delay. Mr. Burney stated in Article IX, § 22, of the Town Bylaws, there is duplicate text in the definition of "significant building" in § 134-2, which could be revised as follows: SIGNIFICANT BUILDING - Any building or structure that the Historical Commission determines, in conjunction with the Building Official and Fire Chief determines meets one of the following conditions: ...suggestion is to remove the second "determines." Section 134-4A includes a parenthetical statement that the Historical Commission meets on the first Monday of the month. Based on a review of recent agendas it appears that meetings are held on the first Tuesday of every month. Suggestion is to remove the statement in its entirety as membership could change and thus change the meeting day. In § 134-4B it appears that "of" should be changed to "to," staff recommended to do so as it is appropriate. Chapter 140 Excavations and Earth Removal, Article 1, Earth Removal, there are some exemptions listed in § 140-12 of this article, it appears that "of" should be changed to "or" Staff recommendation is to change wording. Article III, Street Openings. Section 140-17 refers to the "Superintendent of Highways." It should be updated to "Director of the Department of Public Works." Chapter 143, Farming One of the statutory references in § 143-1 is incorrect. "Chapter 11, Section 125A" should instead be "Chapter 111, Section 125A." ===PAGE 7=== Chapter 145, Firearms and Explosives. This chapter restricts the firing or discharge of firearms and explosives in the Town and appears to be sufficient as written, provided that the $20 fine in § 145-2 is current. The Fire Chief has confirmed the fine is still $20.00. Recommendation is for no change. Chapter 168, Licensing. This article appears to be generally sufficient as written, although § 168-2 could be revised to refer to Town laws as follows: The Board of Selectmen shall have the right and power to revoke and annul any license, whenever any of the terms and conditions of such license may have been broken, or any infraction of the laws of the Town or Commonwealth has been committed by the licensees. Ms. Lafleur stated we would revise as suggested to include Town or Commonwealth. Article II, Denial or Revocation of Licenses (A) for failure to pay taxes. This article has been adopted in accordance with M.G.L. c. 40, § 57. State law was most recently amended in 1996 and the Town's provisions in § 168-4 could similarly be revised as follows: The licensing authority may deny, revoke or suspend any license or permit, including renewals and transfers of any party whose name appears on said list furnished to the licensing authority from the Tax Collector or with respect to any activity, event or other matter which is the subject of such license or permit and which activity, event or matter is carried out or exercised or is to be carried out or exercised on or about real estate owned by any party whose name appears on said list furnished to the licensing authority from the tax collector; provided, however, that written notice is given to the party and the Tax Collector, as required by applicable provisions of law, and the party is given a hearing, to be held not earlier than 14 days after said notice. .....Staff recommends we revise as suggested. B. One of the statutory references in § 168-6 is incorrect. "Chapter 268" should instead refer to "Chapter 268A" C. List of Exemptions. The list of exceptions in §168-7 matches that found in state law. The section on bicycle permits - M.G.L. c. 85, § 11A - was repealed in 2008. Staff recommendation is to strike bicycle permits. Article 187, Peddling and Soliciting. This chapter requires a permit for door-to-door solicitors and appears to be sufficient as written, provided that the $100 penalty in § 187-3 is current. It could be increased to the current statutory maximum of $300. Staff recommends revising to $300 penalty. Chapter 205, Streets and Sidewalks. The handicapped parking requirements in § 205-11 could be revised to match state law provisions in M.G.L. c. 40, § 21, clause (23), as follows: (1) Subsection A: to add the following wording: .....by Section 2 of Chapter 90, or for any vehicle bearing the official identification of a handicapped person issued by any other state, or any Canadian Province according to the following formula: ... (2) Subsection B: to add the following wording: ...... sidewalk access to a handicapped person; and shall be at least eight feet wide, not including the cross-hatch access aisle as defined by the Architectural Access Board established in MGL c. 22, 8 13A. The cross hatch access aisle abutting a handicapped parking space shall be considered part of the handicapped parking space to which it abuts to provide individuals who use wheelchairs or other mobility aids with sufficient space to enter and exit their vehicles. No person shall park in the cross hatched access aisle established in MGL c. 22, § 13A. The cross hatch access aisle abutting a handicapped parking space shall be considered part of the handicapped parking space to which it abuts to provide individuals who use wheelchairs or other mobility aids ===PAGE 8=== with sufficient space to enter and exit their vehicles. No person shall park in the cross hatched access aisle. Suggestion is to revise as presented Chapter 209, Swimming Pools. This chapter requires a four-foot fence around private in- ground pools. Provisions have been superseded by Building Code; suggestion is to remove Chapter 209 from Code. Chapter 228 Vehicles, Recreational. For purposes of clarity, § 228-1 could be revised as follows: ....as defined under Chapter 90; provided, however, that for the purpose of vehicles used for agriculture, forestry, lumbering or construction..... Suggestion is to remove bolded, underlined wording for clarification of the text. B. This chapter primarily uses the term "recreation vehicle," but § 228-2B refers to a recreational vehicle. Suggestion is to revise to clarity and change all reterences to recreation vehicle. Chapter 239, Wetlands Protection. In § 239-3A, it appears that "and" should be changed to "any" as follows: The permit and application required by this bylaw shall not be required tor maintaining, repairing, or replacing, but not substantially changing or enlarging, any existing and lawfully located structure or facility used in the service of the public to provide electric, gas, water, telephone, telegraph Chapter 250, Zoning. A. "Building Inspector," "Building Official," Etc. This chapter uses a variety of terms to refer to enforcement officers, including "Building Inspector" and "Building Official." In at least one instance, a single subsection refers to both titles - see § 250-4.9D (3)(c). Note that § 250- 4.13M(2) also uses the term "Building Commissioner," which is a term that does not appear elsewhere in the Town Bylaws, except in § 250-6.6F(2)(e), (i) and G. The term "Building/Zoning Official" also appears in § 250-4.15 C (2), (3) and (5) and in Subsection D(4). On occasion, the term "Inspector of Buildings" also appears in this chapter. See §§ 250-4.2A (1)(b)[10], 250- 5.1C(4)(a), 250-6.6A(1) (a) and S. The term "Zoning Enforcement Officer" appears in §§ 250-6.7 and 250-6.8. The correct term used should be Building Commissioner. B. Section 250-3.2 refers to the location of several overlay districts, but does not mention the Summer Street Revitalization Overlay District in § 250-4.14 of this chapter. Suggestion is to revise and include this. C. Section 250-4.1D (5) refers to child-care facilities as defined by M.G.L. c. 28A, § 9, Which was repealed in 2008. Current provisions are found in MGL c. 15D, §§ 6 to 16. Definitions applicable to these sections are found in MGL c. 15D, § 1A. Suggestion is to change to the correct reference. D. Section 250-4.1D (5) (f) refers to screening requirements found "in the second sentence of 6.6.15.1." In the Manuscript, this subsection is found in § 250-6.60 (1). It addresses dish antennas and radio antenna towers and includes only one sentence. Therefore, it appears that the "6.6.15.1" citation may be incorrect. It should be 6.6Q (1). The suggestion is to revise to correct. E. Section 250-4.2 A (1) (b) [6] refers to both the "habitable floor area" and "inhabitable floor area" for purposes of calculating accessory housing units; it appears that the provisions are unnecessarily redundant. Subsection [6] could be revised in the following way: The floor area of the accessory units) shall not be more than 30% of the normally habitable floor area, excluding garage, unfinished attic and crawl space, and the normally inhabitable floor area of the principal dwelling unit after conversion. F. Section 250-4.2 B (1) (o) [1] refers to kennel license fees established by the Selectmen in certain ranges: four dogs; five to 10 dogs; and 11 to 15 dogs. Chapter 110, Animals, § 110- 2B establishes kennel fees in the following ranges: one to four dogs; five to 10 dogs; over 10 dogs. ===PAGE 9=== See also the same text in § 250-4.6C (1) (k), Suggestion was made to revise Subsection B (1)(o)[1] to remove the ranges in their entirety so that the subsection reads as follows: A kennel license shall be issued by the Animal Control Officer subject to fees established by the Board of Selectmen. G. In § 250-4.2 C(1)(a)[4], "mixed residential district" should be changed to "mixed residential development" Staff recommends. H. Section 250-4.3 E (3) refers to an "unenclosed pool." Since the State Building Code requires all pools greater than two feet in depth to be enclosed by at least a fence, the Town may wish to use a different or more descriptive term than "unenclosed" to describe the type of pool regulated by Subsection E(3). Mr. Burney suggested this should be removed in its entirety. I. In § 250-4.4A, suggestion was made to change "Limited Business/Residence District" to "Limited Business/Residential District" J. Section 250-4.4C (9) refers to "dimensional requirements shown on the table in Section 5.4.2.f)." The referenced section does not exist in the Zoning Bylaw. It should refer to "Section 5.4.1.2.a," which is now § 250-5.4 D (1) in the Manuscript. K. Section 250-4.8 C (1) refers to "requirements of the Massachusetts State Building Code pertaining to construction in the floodplain (currently Section 2102)." The "Section 2102" reference is no longer correct in light of the applicability of the 2009 International Building Code. Flood-resistant construction is currently contained in Appendix G of the International Building Code, as amended by Massachusetts in 2010. Suggestion is to revise by deleting parenthetical statement to Section 2102 L. L. Should the Town use Arabic or Roman numerals for designation of the water supply protection district zones? Staff felt Roman numerals were more appropriate and official. M. Section 250-4.11 refers to "phased growth" for certain development in the Town. Subsection B (2) states that the provisions of this section were implemented for a limited term. The recommendation is that Section 250-4.11 is no longer in effect and to remove. N. Section 250-4.12C permits certain uses in the Lake Whalom Overlay District, except "those uses permitted by 1...§ 250-4.6 C (1) () [contractors plant], (L) [kennel] and (m) [accessory uses]." The feeling was there was an error in the original creation as §250-4.6 C (1) deals with adult uses and the idea was to create a family type area. O. Section 250-4.13, Tri-Town Smart Growth District. There appears to be a date missing from § 250-4.13C (1). April 10, 2006 should be inserted. There is duplicate text in § 250-4.13G (5) (i). Lunenburg is entered twice and one "Lunenburg" should be deleted. Subsection G (1) states that not less than 10% of the residential units within a project shall be three-bedroom units. Subsection HI (4) (b) then states that 10% of the units shall have three bedrooms. Subsection H (4) should include "not less than" provision. In § 250- 14.3K(1), "Town Lunenburg Lunenburg" should be changed to "Town of Lunenburg." In Subsection N (3) (c), it appears that "or" should be changed to "on" as follows: Extraordinary adverse potential impact of the project on or nearby properties have been adequately mitigated. P. The setback requirements for large-scale solar systems in § 250-4.15D (7) (b) refer: (1) For front yards, to both front yard depth and front lot setback; and (2) For rear yards, to both rear yard depth and rear yard setback. "Depth" should be removed and "setback" used Q. § 250-4.15D(7) refers to both "Residential, Outlying or Recreation District" and then "Residential, Conservation or Recreation District." Conservation should it be changed to Outlying. ===PAGE 10=== R. Height regulations for the Tri-Town Smart Growth District are included in § 250-4.13. The Town should revise the general height regulations in § 250-5.3A (3) as follows: In all other districts except the Tri-Town Smart Growth District, the maximum height... S. Section 250-5.4D(3) requires units in structures containing more than four units to be equipped with a fire protection residential sprinkler system approved by the Town Fire Department. See also § 250-5.5D(4), which requires townhouse units in planned residential areas to be equipped with approved fire protection sprinkler systems. It was noted to make no change but Ms. Lafleur will double check with the Fire Chief. T. Affordable housing. Affordability guarantees are set forth in § 250-4.13G (5) and in § 250- 5.4E (1). Section 250-4.13 states that affordable housing restrictions must be valid for at least 30 years. Section 250-5.4 states that affordable housing restrictions must be valid for at least 20 years. Suggestion was made to remove the fixed period and substitute "in perpetuity." Mi. Ebersole requested more discussion on this as there is a possibility of changes to subsidies and what developers would be willing to do. There are a lot of housing restrictions that are valid for a short period. U. § 250-5.5 B (1) should be revised in the following way: The minimum area of any Planned Residential Area shall be not less than five acres, provided that not more than 10% of this minimum area shall consist of wetlands or land under water or land with a slope in excess of 15%. V. There may be text missing from § 250-5.5 G (1) as indicated by the following blank line: The manner of ownership, use and maintenance of such permanent natural area, and shall be determined by the agreement, duly executed in a form suitable for recording by the owner or owners of such natural area..... Mr. Burney stated there is nothing missing, just a formatting error. "And" and the line should be deleted so that text reads correctly. W. The general off-street parking design requirements in § 250-6.1B (1) differ slightly than the requirements for planned residential areas found in § 250-5.5E. If both sets of requirements above are correct, § 250-6.1B(1) could be revised to simply add the following phrase: Unless otherwise provided in this bylaw,... Mr. Burney stated this would be appropriate. X. Section 250-6.4, Driveways and entrances. (1) In general, these requirements should be reviewed against the requirements in the Subdivision Regulations. The Planning Board is reviewing this. No change should be made as these address two different driveway scenarios. (2) Section 250-6.4D (7) refers to the State Department of Public Works, which is now the Department of Transportation. This is a simple name revision. (3) Section 250-6.4 D (6) states that entrances should be set back at least 50 feet from a street corner. This should actually be 250-6.4 C (6). Subsection D (10) should be C (10). They state 25 and 50 foot differences from offset to intersection. Suggestion is that 50 feet should be the distance for both. Section 250-6.4 C (11) sets forth requirements for driveways/entrances on lots with less than 200 feet of street frontage and more than 200 feet of street frontage. Suggestion to revise the provisions to address lots with exactly 200 feet of street frontage by changing "more than" to "200 feet or more." Y. Section 250-6.5, Signs. (1) In § 250-6.5E (1), "principle buildings" should be changed to "principal buildings." (2) There appears to be text missing from § 250-6.5F (3) as indicated by the following blank line: ===PAGE 11=== Other signs limited to directional signs necessary for public safety or convenience be designated and approved as an integral part of the Development Plan as approved by the Planning Board. Mr. Burney stated it was recommended that "may" should be inserted where the blank line appears. (3) Section 250-6.5J (1) refers to a "sign logo" erected after adoption of this ordinance. Suggestion was made to change to "sign or logo." (4) Subsection K defines "accessory use" and "accessory building," terms which are not used in § 250-6.5. These should be removed. Z. Section 250-6.6, Performance standards. (1) Section 250-6.6C is titled "Noise," but Subsection C (1) also refers to vibration, odor or flashing. Odor is addressed in Subsection D; and vibration is addressed in Subsection E of this section. Subsection C (1) states that no use may cause vibration perceptible more than 200 feet from the boundaries of the originating premises; while Subsection E states that no vibration shall be discernible without instruments from the outside of any structure. To eliminate any inconsistences, Subsection C(1) should be revised as follows: No use shall be allowed if it will cause sound or noise, perceptible without instruments more than 200 feet from the boundaries of the originating premises except from warning devices, construction work, maintenance or other special circumstances. (2) It appears that former Subsections 6.6.7 and 6.6.7 - included in the Manuscript as Subsections G and H. This should be part of Subsection F regarding wind energy systems and should therefore be renumbered as Subsections F(3) and (4) under the wind energy systems. (3) Subsection S, Fire protection, refers to "527 CMR, Commonwealth of Massachusetts Regulations, N.1.P.A." The "N.1.P.A." reference is unclear. The text should refer to NFPA Regulation. AA. Section 250-6.7, Stormwater management. (1) In the last sentence of Subsection A (1), it appears that "born by abutters" should be changed to "borne by abutters." Revise as suggested. (2) The noncriminal disposition violations in Subsection N(1) should be added to the table in Chapter 1, § 1-3. Revise as suggested (3) Authority to enter property to ensure compliance with this bylaw is set forth both in Subsection D (3) and in Subsection N (2). These are both correct for different instances. BB. In § 250-6.8K (5), the noncriminal disposition penalties for the illicit discharge prohibitions should be added to the table in Chapter 1, § 1-3. Revise as suggested CC. In § 250-8.2C, the noncriminal disposition penalties for the illicit discharge prohibitions should be added to the table in Chapter 1, § 1-3. Revise as suggested DD. Section 250-8.3 B(2)(b) refers to permits in Section 5.2.8.1. This subsection does not exist in the version of the Zoning Bylaw submitted for this project. It should instead refer to Section 5.2.7.1, Yard and spacing exceptions. This should be revised as noted. EE. Section 250-8.3C (5) refers to appeals as provided in MGL c. 40A, § 17A. This reference is incorrect and we believe it should be to M.G.L. c. 40A, § 17. Revise as suggested. Ms. Lafleur summarized that the Board wishes to discuss the following topics further; Boats and Boating, this could be discussed next week when Police Chief Marino is present for the Lake Whalom bylaw article and page 39, paragraph S, Fire Sprinklers; paragraph I, Affordable Housing. Ms. Lafleur will also follow up on animal control fees. She will also send any changes proposed to the relevant boards in addition to the review of their own regulations. She stated she ===PAGE 12=== will bring this back for the next meeting with some answers. Affordable housing may take longer to research. Mr. Ebersole stated it could be a future workshop topic. The Board signed an Accounts Payable warrant in the amount of $479, 510.53. Action File Mr. Ebersole asked about discussing retiree health insurance. Ms. Lafleur stated it is being scheduled for an Executive Session with Labor Counsel. Committee Reports Ms. Luck reported the School Committee met and Facilities Director John Londa presented his Capital Plan out to year 2024. The Board voted to change start times once the new school is open. They also discussed MCAS and other state testing results. Mr. Toale reported Capital Planning Committee met this afternoon and heard from the School Department on their long range Capital Plan. He stated the discussions around long term process have been good. Public Comment Troy Daniels praised Town Manager Lafleur on her professionalism and responsiveness to him. He stated they have not always agreed on issues but she has always acted in a professional manner. Mr. Daniels stated he was motivated to come in tonight regarding IT director, Steve Malandrinos. He stated Mr. Malandrinos also has a professional attitude and has been quick to respond to him on the three or four times he has had interactions with him. He congratulated the Town on his hire adding he provides a high level of customer service. Mr. Daniels wanted to share this with the Town Manager and the Board from a customer perspective. Ms. Luck and Mr. Ebersole echoed this as well. The Board thanked him for his feedback. Mr. Ebersole reported the Water District is meeting tomorrow night at 7:00 pm to continue their regular business and their discussion on the proposed expansion into Lancaster. Mr. Toale stated their next meeting is October 20t Motion: R. Ebersole To adjourn the meeting 2nd: P. Luck Vote: All in Favor Respectfully submitted, Elaine M Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2015-10-20-agenda-4947.txt BOARD : select-board DATE : 2015-10-20 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-10-20-agenda-4947.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10202015-4947 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN October 20, 2014 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor AGENDA In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. 7:00 PM PUBLIC COMMENT ANNOUNCEMENTS APPOINTMENTS CURRENT BUSINESS 1. Review/Comment on Marketing Plan for Community Solar Project 2. Review & Order STM Warrant Articles 3. Continue Review/Discussion of Bylaw Codification project 4. Employee Agreement Amendment for Municipal Finance Director 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-Financial Quarterly Report INTERVIEWS/ APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS UPCOMING MEETING SCHEDULE November 3 November 10- Workshop November 16 - STM November 17