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DOCUMENT : 2015-12-15-minutes-4954.txt
BOARD    : select-board
DATE     : 2015-12-15
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2015-12-15-minutes-4954.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12152015-4954
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===OCR macOS Vision===
===PAGE 1===
BOARD OF SELECTME
MINUTES
DECEMBER 15, 2015
The Board of Selectmen met in the Lunenburg Town Hall, Joseph F. Bilotta Meeting Room, as scheduled with
Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Paula Bertram, Member; Phyllis Luck, Member and
Kerry Latleur, Town Manager. Member Tom Alonzo was not present.
Motion: R. Ebersole
20°: P. Bertram
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. Discussion of Lunenburg v. Hollis Hills, LLC and HAC
Vote: Ms. Luck-aye, Ms. Bertram-aye, Mr. Ebersole-aye, Mr. toale-aye
**************************Executive Session Minutes are Separate******************************
The meeting opened at 7:00 P.M. with the Pledge of Allegiance.
Public Comment:
Ms. Luck wanted to thank those who worked and contributed to the Salvation Army tollbooth fundraiser on
Saturday. They ended up collecting over $5000. She attended a meeting of the Lunenburg Water District
Commission. They are working on an Intermunicipal Agreement (IMA) with the Town of Lancaster. She
appreciated the transparency and spirit of cooperation at the meeting.
Ms. Luck attended the School Building Committee meeting last Wednesday. Those present were informed the
MSBA will not fund items that were not included in the original proposal. The committee voted to approve
several items including engineering for the possible inclusion of air conditioning of classrooms, a 60-inch
touchscreen for digital display of archived awards and a sight digital sign. Ms. Luck asked Ms. Lafleur for an
update on the approval process for spending the contingency funding, Ms. Lafleur stated she had a conference
call with Bond Counsel today and they are working on obtaining a legal opinion. Ms. Lafleur has also scheduled
a conference call with the MSBA to discuss the change order approval process. Ms. Bertram again requested
these meetings be televised for the taxpayers.
Appointments:
7:00 PM Conflict of Interest Disclosure/Outline-Conservation Comm. Members: J. Rabbitt, C. Luck,
T. Bertram, B. Kennedy
Ms. Bertam and Ms. Luck recused themselves due to being related to one of the conservation commission
members. Richard Bursch, Conservation Commission Chair, came forward and asked if there were any
questions on the outline presented to them. Mr. Toale asked about buffer zones. Mr. Bursch stated the
commissioners wanted to leave the buffers in place and simply tighten up language concerning them.
Mr. Ebersole asked each of the affected Conservation Commission members what it is they wish to do.
Commissioner Brad Kennedy stated they are trying to make the application process more open. They have been
dealing with indistinct regulations and want to make them more clear. They presented an outline of what they
would like to amend. Mr. Ebersole and Mr. Toale stated they wanted to wait for Selectman Alonzo to be present
when they vote. Mr. Toale stated he would be most interested in the areas where the Town regulations differ
from state law. Mr. Kennedy stated in general the Town wetland regulations are more restrictive than the state
but less restrictive than some of the surrounding communities. He added a large percentage of the town
(residences) are on water. He stated there is a possible exemption outlined on the Conflict of Interest website
that could be applied to this scenario. This exemption permits elected state officials to participate in particular
matters that involve determinations of general policy when a financial interest is shared with a substantial
segment of the public it reads, "An elected state official does not violate M.G.L. c. 268A, § 6 by participating in
===PAGE 2===
a particular matter in which the official, or the official's immediate family member, has a financial interest, if
the particular matter involves a determination of general policy, and the financial interest of the elected official
or immediate family member is shared with at least 10% of the population of the entire geographic area
represented by the official and is the same in nature as the constituents' financial interests. "
Commissioner Tom Bertam stated he still was seeking a blanket exemption because the commission talked
about almost every section in the regulations. Mr. Toale stated the Board would vote on January 12" on this
matter when Mr. Alonzo was present.
7:30 PM Tollbooth Fundraiser Request-Twin City Paws-December 19; Snow day Dec. 20*
Maureen Cormier stated she was with Twin City Paws, an organization that helps fund animals in need.
They coordinate rabies clinics, microchipping, four pet food pantries, educational programs and work with
therapy pets. They are trying to get a little fundraiser kickoff for the upcoming year. They work with the Pat
Brody Shelter for Cats, Fitchburg Friends of Felines, and other local animal shelters. They are seeking approval
to hold a tollbooth fundraiser on Main St. and Mass. Ave. on December 19t
; with a snow day of December 20th
from 10 a.m. to 2 p.m. Mr. Toale asked if they had contacted the DPW and Police. Ms. Cormier stated they had.
Motion: R. Ebersole
2nd. P.Bertram
To approve the tollbooth fundraiser for Iwin City Paws on December 19" from 10 a.m. to 2 p.m., with a
snowdate of December 20th
Discussion of possibility of inclement weather on the snow day occurred. Ms. Cormier stated they would
postpone if Sunday's weather was not good.
Vote: All in Favor
Current Business:
1. License Renewals (continued)
Ms. Lafleur stated there were four license renewal corrections; one for Hannaford's to correct the d/b/a name,
one to correct Settler's Pub's Sunday hours of operation and a corrected address for Lanni Orchards. These will
not need to be voted upon as they were approved at the December 8th meeting.
For annual renewals; a common victualer license for Conrad's Drive-In was presented along with a Class II
auto dealer license for Premium Motors and a change of corporate name for Import Domestic Auto Sales,
another class ll auto dealer license. Paperwork for these had not been finalized for the December 8'h meeting
Motion: R. Ebersole
2nd. P. Bertram
To approve the common victualer license for Conrad's Drive-In
Vote: All in Favor
Motion: R. Ebersole
To approve the Class II Auto Dealer license for Premium Motors
2°: P. Bertram
Vote: All in Favor
Ms. Lafleur reported one of the partners of Double Down Sales has moved on to another occupation. The other
partner Scott Sanford has requested the parent company be changed to Nutting's Body and Frame Company;
Mr. Sanford's other business in Acton.
Motion: R. Ebersole
2"d: P. Bertram
To approve the Class Il Auto Dealer license for Import Domestic Auto Sales
Vote: All in Favor
2. Worcester County Selectmen's Association
Ms. Lafleur reported the Board had been provided a description of this organization. They were founded in
Gardner in 1920. The mission is to unite Worcester County Selectboards to encourage the sharing of ideas and
the betterment of the commonwealth. They meet four times a year. Meeting topics include state and local guest
speakers and round table discussions. Meeting locations are rotated to allow variation in driving distances for
members. Membership is $50 annually. Ms. Luck stated she was willing to attend the meetings.
Motion: P. Bertram
2nd: R. Ebersole
To join the WCSA and appoint Ms. Luck as a voting member and Mr. Toale as the alternate member
3. Warrants
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The Board signed a payroll warrant in the amount of $715,747.96; payroll deductions warrant in the amount of
$426,496.73; a school construction warrant in the amount of $2,734,937.29 and an accounts payable warrant in
the amount of $237,105.54.
Committee Reports:
Mr. Ebersole reported the Board of Health met last night and continues to work on their septic loan program
guidelines.
Ms. Bertram reported the Planning Board met last night and held two hearings. The first was a continuation on
274 Prospect Street and was continued to January 11"
• The second hearing was informational for 357 Electric
Avenue (Unitil). There was a presentation by Unitil. Several people present expressed concerns about the
outdoor storage of transtormers and proximity to the wetlands. The applicant will provide more information at
the continued hearing on January 11"
Ms. Luck reported the Finance Committee invited the School Committee to participate in a workshop last week
and to informally begin budget discussion. The School Committee meets tomorrow night. The School
Superintendent will present her annual FLLAC annual report.
ZBA met on the 9t
, applicant Jill Normandin requested a use permit for an automotive repair shop at the rear of
321 Electric Avenue. The request was approved.
Mr. Toale reported the Building Reuse Committee will meet on the 215 and will review their final
recommendations. Capital Planning will start their meetings on the 29" and will meet with various departments
regarding their requests.
Ms. Lafleur presented the license agreement for 1134 Northfield Road which was approved at the December 8th
meeting but was not ready for review or signatures. There is proper indemnification for the Town in the license
agreement as requested.
She reported there was a request from the Finance Committee meeting to hold a Chapter 70 (school funding)
workshop. It will be scheduled for early February.
Appointments
Ryan Clark & Joseph Poirier Jr. to position of DPW Laborer/Equipment Operator
Ms. Lafleur reported there are three openings in DPW. She met the two individuals being appointed and is
impressed with their experience. Mr. Clark currently works for Powell Stone & Gravel and holds a CDL.
Mr. Poirier Jr. has prior mechanical experience and has a CDL also. She requested the Board ratify the
appointments this evening.
Motion: P. Bertram
2nd: R. Ebersole
To ratify the appointment of Ryan Clark and Joseph Poirier, Jr. to the position of DPW
Laborer/Equipment Operator
Vote: All in Favor
Mr. Toale presented the resignation of Kiirja Paananen from the Cultural Council.
Motion: R. Ebersole
20d. P. Bertram
To accept the resignation of Küirja Paananen from the Cultural Council effective December Ist and to
thenk her for her work
Vote: All in Favor
Public Comment:
Dave Rodgers, 82 Highland Street, thanked the Town Manager for her five year financial forecast presentation.
He moved on to the contingency fund for the school construction project. He asked her to share what her
understanding of that account is and the uses of it. Ms. Lafleur stated the fund is available to be used to outfit,
furnish or provide for the use of the school building. Bond counsel has requested a description of what each of'
those contingency items are and how they will be used. We will provide a list to him and he will provide a legal
opinion on what is in or outside the scope. She believed the legal opinion will clarify alot. Ms. Bertram
requested the School Committee be asked to hold off on any further approvals until we received the written
opinion of what is and is not allowed. Mr. Rodgers agreed with Ms. Bertram. He stated he believed a
contingency fund was for something that is forgotten or overlooked by an architect/engineer. He requested the
===PAGE 4===
Board send a letter to the School Committee and the School Building Committee and request they withhold
making any commitments relative to the contingency fund until it can be transparent and people can understand
what the use is for. We should be very careful how we spend that money. Ms. Bertram requested a meeting of
the Board with the School Building Committee to discuss these types of issues. She added the School Building
Committee meetings need to be transparent and televised
Mr. Ebersole stated it's important the school contingency process needs to be understandable for all. Ms.
Bertram asked if a memo could be sent to the School Building Committee highlighting our concerns and to tell
them a legal opinion has been requested? Ms. Lafleur stated the committee is aware an opinion is coming
because they requested the opinion.
Mr. Toale stated as a citizen he shares the concerns of all that were mentioned tonight. It is important to
remember that the School Committee is a seperately elected board and agrees it should be more transparent than
it is. He also agrees the School Building Committee should take the recommendation to televise their meetings
but that is the forum to have those discussions. He added the Board of Selectmen needs to understand their role
in this process. He would like to invite the School Committee to a workshop to discuss this process further.
Mr. Toale reported the next meeting for the Board is January 5, 2016.
Motion: P. Bertram
To adjourn the meeting at 8:14 p.m.
2': R. Ebersole
Vote: All in Favor
Respectfully submitted,
Elaim Piterson
Elaine M. Peterson
Executive Assistant to the Town Manager