# select-board — 13 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 : 2016-06-07-minutes-4970.txt BOARD : select-board DATE : 2016-06-07 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2016-06-07-minutes-4970.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06072016-4970 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN Minutes Joseph F. Bilotta Meeting Room, Town Hall June 7, 2016 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; Tom Alonzo, Clerk and Kerry Lafleur, Town Manager Not present: Paula Bertram, Member; Phyllis Luck, Member Mr. Toale called the meeting to order at 6:00 P.M. Mr. Toale stated the reason for meeting in Executive Session. "Chapter 30A, § 21A (3) to discuss strategy with respect to litigation if an open meeting may have a detrimental effect on the litigating position of the public body and the Chair declares so. (For the purpose of discussing consent to mediate in Caron-Gustus case.) " Motion: T. Alonzo 2nd.R. Ebersole To enter Executive Session and upon adjournment to enter into Open Session Vote: Mr. Ebersole-aye, Mr. Alonzo-aye, Mr. Toale-aye ***** **************Executive Session Minutes Are Separate******************************** The meeting opened with the Pledge of Allegiance. Public Comment: Mr. Alonzo reported we have official notice that Kinder Morgan/Tennessee Gas Pipeline has withdrawn its certificate of application. He congratulated all the Lunenburg graduates of 2016. He thanked the Memorial Day Committee for inviting him to speak at the ceremony. It was well attended. He thanked Lunenburg Ledger reporter Anne Gilman for her kind words regarding his speech. He also wanted to thank the Police and Fire Department for their memorial event on Sunday. Mr. Ebersole thanked all those who voted to reelect him and those who voted in favor of the debt exclusion for the town's roads. Mir. Toale thanked the voters for his reelection and the debt exclusion approval. He thanked the Memorial Day Committee and Mr. Alonzo for his speech. He thanked the Police Department and Boy Scouts who served as the Honor Guard. It was a very moving ceremony. He encouraged anyone who wants to participate next year to come forward. He encouraged anyone who hasn't attended the Fire/Police memorial to go to it as well. APPOINTMENT: Historical Society 50*h Anniversary Dedication Members Chuck Venezia and Bill Tyler presented to request permission to use the parking lot in the front of the Historical Society located at 10 School Street for the dedication and cornerstone laying event of the building on July 31ªt Motion: R. Ebersole 2"d: T. Alonzo To allow use of the parking lot for the 50# anniversary dedication Vote: All in Favor CURRENT BUSINESS 1. Board Reorganization Motion: R. Ebersole To nominate Jamie Toale as Chairman 2nd: T. Alonzo Vote: All in Favor ===PAGE 2=== Motion: T. Alonzo To nominate Bob Ebersole as Vice Chairman Motion: R. Ebersole To nominate Tom Alonzo as Clerk 2": J. Toale Vote: All in Favor 2": J. Toale Vote: All in Favor 2. FY 2017 BOS & Town Manager Goals 3. Date for Volunteer Appreciation Social Mr. Toale stated the next item was to set the date for the Town Manager's and Board of Selectmen's FY 2017 goal setting workshop. He will check with Executive Assistant Peterson for a date that everyone will be present. He also will work with her on the volunteer appreciation social date for some time in July. 4. Notice of Commonwealth's Proposed Acquisition of Agricultural Preservation Restriction (APR) on property located in Lunenburg, Lanni Orchards, 294 Chase Road- Project ID #16A01 Ms. Lafleur reported the Town had been notified by the MA Department of Agricultural Resources of their proposal to purchase an Agricultural Preservation Restriction (APR) for the farmland located at Chase Road, specifically Lanni Orchards. The Town is required to post the notice and make a public announcement. The notice has been posted and this evening is the public announcement of the proposal. The appraisal has been performed on the property and the owners are in agreement with it. The Town has been asked to contribute 10% of the property value ($580,000) or $58,000. Any contribution from the Town needs to be approved at a Special Town Meeting. MDAR had gone through this process in 2012 but the owners and the MDAR could not come to agreement on the property appraisal. Ms. Lafleur reported the Town is actually in a better position now because it has adopted a Right to Farm bylaw and has an Agricultural Commission, thereby reducing the Town's requested contribution. Ms. Lafleur reported the Town has to act within 120 days, but after speaking with Michelle Padula at MDAR earlier today, has found out the state expects a year or more to close on the APR, which gives the Town more time to appropriate their proposed contribution. The Agricultural Preservation Restriction Program is a voluntary program which is intended to offer a non- development alternative to farmers and other owners of prime and state important agricultural land who are faced with a decision regarding future use and disposition of their farms. The program offers to pay the farm owners the difference between the fair market value and agricultural value of their farmland in exchange for a permanent deed restriction which precludes any use of the property that will have a negative impact on its agricultural viability. The current use of the property is primarily for small fruit/orchard/vegetables production. Ms. Lafleur reported Massachusetts' APR program began as an act of legislature in 1979 and was the first in the nation. The MA APR program has permanently protected over 800 farms and a total land area over 68,000 acres. The primary purpose of the program is to preserve and protect agricultural land, including designated farmland soils which are a finite resource, from being built upon for non-agricultural purposes or being used for any activity detrimental to agriculture. It is also to maintain APR land values at a level that can be supported by the land's agricultural uses and potential. She did not believe the property located on Chase Road is serviced by municipal sewer or water. It is a fairly developable piece of property and one that the town should consider supporting. This proposal will be forwarded to Conservation Commission, Planning Board and Agricultural Commission for review and recommendation. It will then come back to the Board for consideration and vote. 5. Discussion of how to proceed on Power Purchase Agreement Ms. Lafleur reported the Board has asked the Annual Town Meeting minutes be checked for what was said to the voters regarding power purchase agreements. Mr. Ebersole stated the Board had told voters for future solar projects they would come back to town meeting even though the Board was authorized to enter into them. His intention at that point was the discussion as far as where future solar projects would be located in the town. He stated we are talking about locating solar on top of the new Middle/High School as long as we can come to agreement on the aesthetics on how the building looks. He didn't think this type of project was what the Board intended. The Board was trying to deal with solar in the backyards of various people and ===PAGE 3=== they didn't want to do that in commercial areas or other similar areas without having the town have some information on that. He did not have a problem with the Middle/High School solar installation that would be generating revenue directly back to the town. Ms. Lafleur stated John Londa was here to update the Board and explain why it was important to act in a timely manner regarding these power purchase agreements. Mr. Londa reported the Town had entered into an agreement with Nexamp for the 650 kw system; 325 kw for the town and 325 kw for community solar. That project is moving along. They are working on the financing and expect to start construction within the next month. They expect to be completed by the end of the year and be online by 2017. The next project is for the DPW and the Middle/High School roof. This needs to be completed by the end of the year due to the SREC II deadline. He is waiting for the green light to begin this project. Mr. Londa stated there could be another proposed project. Robert Patterson and Associates, our solar technical advisor, informed him Borrego Solar has a proposal for a 650 kw system/project coming to the Unitil service area. Borrego Solar is seeking a municipal host and inquired if Lunenburg is interested. Savings for the Town would be around $56,000 per year for 20 years. Mr. Londa did indicate to Borrego that the Town was interested and requested a letter of intent from them. He proposed to split this 50/50 between the Public Safety Building and the Lunenburg Primary School and Middle/High School. Ms. Lafleur noted the timing on some of these proposals/projects can be short and not wait until a town meeting. The sooner a project is negotiated and going the better. She did not believe any other town business items would be ready for a fall STM. Mr. Alonzo stated it was important for him to keep the Board's word to the voters for what they said they would do. He preferred to hold a special town meeting if it meant more revenue for the Town. Mr. Toale stated to create a Special Town Meeting for the sake of announcing another power purchase agreement did not make sense to him because the Board is already authorized. Mr. Ebersole stated he agreed with Mr. Alonzo on that part, but his reference was to private projects that was going to go on land elsewhere in town. If we were going to put something on the school and the School Committee and this Board voted on it, that would be sufficient for him. He suggested the Board could put the word out there, send it to the press, ask for public comment and feedback. Mi. Ebersole offered to call some of the people who spoke to this at that town meeting for feedback by the next Board meeting. The Board continued this discussion to the next meeting. 6. Budget Revision Requests #10, #11, #12, #13 School Committee Chair Mike Mackin presented budget revision requests which cover all of the current change orders approved by the School Building Committee. BRR#10 is in the amount of $31,540 that covers some ADA compliance of where certain humidity sensor mountings were. BRR#11 is in the amount of $16,999, for adding electrical service that might serve a future touchscreen athletics archive, electronic door hardware revisions, and electrical and sensor work for the walk-in freezer alarm in the kitchen. BRR #12 is in the amount of $7,127 for providing electrical/data wireless for the outdoor classroom. The majority of the work was generously donated by the power company. BRR #13 in the total amount of $768,768, is in various amounts; $56,415 for the added site digital sign, $181,197 to furnish and install the new maintenance garage, $528,815 for the added cooling at classroom wings, and $2,341 for a stadium wheelchair lift enclosure. He provided a progress report on the school construction. Phase 1 of the construction is complete. Phase 2 will begin next week which includes hazardous materials abatement beginning in the gym. After that the gym will be taken down. The fields should be completed in the fall. This week is moving week. They are finishing up commissioning which tests all the operational systems. As a School Building Committee member, Mr. Alonzo reported there are no further change orders that he is aware of, leaving $3,168,612 remaining in the construction contigency. He wanted to reiterate everyone who has worked on this project has been great to work with and very professional. Motion: T. Alonzo 2"d: R. Ebersole To authorize the Chair to sign the Budget revision requests as presented Vote: All in Favor Mr. Toale asked Mr. Mackin to comment on the letter requesting former School Committee member Colleen Shapiro be appointed to the School Building Committee as a citizen at large. Mr. Mackin explained ===PAGE 4=== that Ms. Shapiro did not elect to run for School Committee again but wanted to see the school building project through to its end. Motion: R. Ebersole To appoint Colleen Shapire to the School Building Committee 2"°: T. Alonzo Vote: All in Favor Mr. Toale moved on to the resignation of Karin Menard from the Finance Committee effective May 25, 2016, due to being elected to the Parks Commission. Motion: T. Alonzo To accept the resignation of Karin Menard from the Finance Committee 2": R. Ebersole Vote: All in Favor The Board thanked Ms. Menard for her service to the Finance Committee and welcomed her future service on the Parks Commission. Mr. Toale reminded the meeting that there are several vacancies on town committees. Mr. Alonzo stated there are now three vacancies on the Finance Committee. The Board approved minutes of May 10, 2016. An accounts payable warrant of $787,364.50, another accounts payable warrant of $450,833.58 and a payroll warrant of $770,431.27 were signed. Committee Reports: Mr. Alonzo reported School Building Committee meets tomorrow. The School has its certificate of occupancy. Cable Advisory Committee meets in July. Finance Committee meets this Thursday. Mr. Ebersole reported due to work obligations he will have to step back from some of his liaison duties and will communicate that to some of the affected committees. He will ask them to relay anything they want announced at Board meetings to him until he can resume attendance at the meetings. Mr. Toale had no committee reports this evening. There was no further public comment. Motion:T. Alonzo To adjourn the meeting 2^d: R. Ebersole Vote: All in Favor Respectfully submitted, Elaineh. Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2016-06-07-minutes-5015.txt BOARD : select-board DATE : 2016-06-07 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2016-06-07-minutes-5015.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06072016-5015 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Bertram, Member, Phyllis Luck, Member Others in attendance: Kerry Lafleur, Town Manager; Elaine Peterson, Executive Assistant This session concerned Police union negotiations for FYs 2017, 2018, and 2019. Ms. Lafleur informed that the union had requested an off the record meeting initially. Their first proposal was a 3/3/3% COLA increase. Their big issue is the market; they feel they are paid below the current market. Labor counsel believes so as well. Ms. Lafleur pointed out they only have five steps in their schedule versus eight in the other groups. Suggestion was made to do a long-term market analysis and a comparison of benefits of comparable towns before making a counter offer. Discussion about merit pay and annual evaluations followed. Motion: R. Ebersole 2": P. Bertram To exit Executive Session to enter Open Session Vote: Mr. Ebersole- aye, Ms. Luck- aye, Mr. Toale- aye, Ms. Bertram - aye, Mr. Alonzo-aye Respectfully submitted, Clanem. Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2016-06-14-minutes-4971.txt BOARD : select-board DATE : 2016-06-14 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2016-06-14-minutes-4971.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06142016-4971 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN Minutes Joseph F. Bilotta Meeting Room, Town Hall June 14, 2016 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; Tom Alonzo, Clerk and Kerry Lafleur, Town Manager Not present: Paula Bertram, Member; Phyllis Luck, Member The meeting opened at 7:00 P.M. with the Pledge of Allegiance. Public Comment: Mr. Toale announced the Town Clerk office will be closed on Thursday, June 16" but will be open on Friday, June 17* from 8 a.m. to 12 Noon. He announced the following vacancies on committees: Finance Committee- three; Architectural Preservation District Commission - one; Sewer Commission (elected position) - one; Fence Viewers, Public Access Cable Committee-two; Cable Advisory Committee-one; Storm Water Task Force-one; Personnel Committee-one and Conservation Commission-one. Mark Bursch, Lunenburg Water District Commission Chair, presented an update on their work. They met following Town Meeting and reviewed their warrants and minutes. The Superintendent informed them of pending receipt of a Memorandum of Understanding with the Town of Lancaster; since then they have signed it. It does not tie them to any agreement at this time except discussion about selling water to Lancaster. The clerk/ treasurer requested to remain in her position for another year. The Board agreed with her request. They also discussed financing for the new garage. The consensus was to apply for a thirty year note with interest rate of between 2.185% and 3.125% through the USDA loan program. They have hired an independent auditor for years 2015-2016. They discussed adding a "communication with the public" portion to their agendas. They met again on May 25'i • They had a request for an abatement that was denied. They discussed how to be more transparent and disseminate their information more efficiently. They also discussed placing inserts in their billing statements, public access and reporting during this Board of Selectmen public comment segment. They discussed whether they are required to hold a meeting regarding an IMA with Lancaster. Their legal counsel and the Attorney General's office stated that it is not required but they have not decided on that at this time. Water restrictions are now in effect from 9 a.m. to 5 p.m. as required by the DEP. Water can still be used for vegetable gardens, business and farming use. They meet again tomorrow night. Their agenda is posted downstairs. Police Chief Marino wanted to remind the public that Animal Control falls under the auspices of the Police Department. He advised residents to call the Police Department not the Animal Control Officer's home. The correct number to call is 978-582-4531 and more information regarding animal control policy is on the town website: http://www.lunenburgma.gov/ He also wanted to remind everyone that Animal Control is not required to relocate wild animals unless it poses a threat to public safety. Request to adopt Montachusett Regional Natural Hazard Mitigation Plan 2015 Update (continued) Ms. Lafleur reported MRPC has completed the 2015 update to the existing plan. The Board has reviewed it and should adopt it. Chief Sullivan is here to answer any questions on the plan. Mr. Ebersole stated he was glad to see comments submitted were incorporated into the plan and that it is updated periodically. Motion: R. Ebersole 2°°: T. Alonzo To adopt the Montachusett Regional Natural Hazard Mitigation Plan 2015 Update Vote: All in Favor ===PAGE 2=== Hearing for B & H Corporation d/b/a Mickey Shea's pursuant to G.L. c. 138 § 23 for Alcohol License #063600039 located at 324 Electric Avenue regarding May 5, 2016 Violation of Lunenburg License Regulations Section 1.04 (a) and Section 1.04 (c). Mr. Toale opened the hearing at 7:15 p.m. and read the above violation aloud. He stated everyone testifying must be sworn in. Brian Riley of Kopelman & Paige stated he was here to assist with the hearing. He proceeded to swear in the witnesses. Sergeant Jack Hebert presented his incident narrative first. On April 17" at approximately 2:10 a,m., he observed eight vehicles remaining in the parking lot of Mickey Shea's. He pulled into the lot and observed two males standing at the right side of the bar. He pulled around to the back of the building and exited his cruiser. Upon pulling on the rear door he found it to be locked. He knocked on the door and observed the two males looking at him. A male employee, David Vargo, came to the door and advised him the door was locked. Sgt. Hebert advised him to unlock the door and Mr. Vargo stated it was padlocked. Sgt. Hebert advised him to go get the key as he walked away from the door towards the front of the building. Upon walking by the side door he observed the two males later identified as Michael Desaulnier and Mike Nettelbladt still standing at the side of the bar. He could hear Vargo tell the manager, Lindsey Achilla, that ne was at the rear door. He then heard Achilla state, Oh t - _ → you go out the front door, as she was then observed through the side door to start to push Desaulnier towards the front of the bar, away from the door Sgt. Hebert was last at and away from where Desaulnier's vehicle was later determined to be parked, in the rear lot. Sgt. Hebert could hear Achilla stating "get out, get out," He noted prior to his knock on the rear door the bar was quiet. No one was heard telling the two males to get out, they were not being pushed towards the exit nor did he receive a call requesting assistance with the removal of these two patrons. He approached the front door and was able to open it without assistance as it was unlocked. Desaulnier and Nettelbladt had not yet exited the front door and were both inside the bar with Achilla. Vargo was observed cleaning and the bartender, Rhonda Eaton was observed cleaning the bar. He noted there was no doorman and no one was wearing anything identifying them as staff. Achilla immediately began crying and pleading with him to not to file a report and stated it was only two friends. Sgt. Hebert advised her that a report would be filed. He then had a conversation with Achilla about the previous eight or so documented and undocumented incidents over the past three years regarding this reoccurring issue of patrons being in the bar after closing and other alcohol-related issues involving Achilla. He spoke to her about numerous suggestions that were made in attempt to combat this issue and steps her father and bar owner, Robert Herrick, told the Board he was taking to solve this issue. Nettelbladt and Desaulnier were both observed to smell of alcoholic beverages with bloodshot glassy eyes and were stumbling around. Trying to talk to either one of them was pointless as they could not hold a conversation and kept stating the same things and asking the same questions. They were advised to leave the property as they wanted to walk to Upland Avenue; however they were subsequently transported home by Achilla. Attorney Riley asked Sgt. Hebert to confirm that he observed the two non-employees Desaulnier and Nettelbladt had a vehicle in the rear lot. Sgt. Hebert confirmed there was a pick- up truck in the rear lot. Riley asked Hebert as far as he knew they were both in the same vehicle. Hebert responded they both had their own vehicles there but the one that was observed being pushed to the front had his vehicle parked in the rear lot. Riley asked Hebert to confirm there were no alcoholic beverages on the bar. Hebert stated he did not observe any present. Mr. Herrick was curious about the second vehicle in the parking lot that had occupants in it but was not mentioned in the police report. Sgt. Hebert stated the bartender had said she had three people waiting out front in her vehicle that she was transporting home. Owner Robert Herrick stated he did not have a statement to make because he was not there that night. He believed Achilla submitted a letter to the Board the day before because she could not be present this evening. Mr. Herrick stated he could answer questions about their policy. Mr. Alonzo asked what the policy was if someone is inebriated. Mr. Herrick stated the policy is to offer food or carbonated beverages. In the situation that night the two men had reentered the bar before the front door could be locked to get their car keys from the manager. They were friends of hers and she did not want them to drive. Mr. Herrick stated we all know in those situations the only real remedy for overdrinking is time. That front door should have been locked. Mr. Alonzo asked Sgt. Hebert as a licensing authority agent, what is the proper procedure in that situation? Sgt. Hebert stated all doors should be locked at 2:00 a,m., so he shouldn't have been able to open that door at 2:10 a.m. Mr. Alonzo asked about having patrons in the bar that shouldn't be driving; what is the procedure? Sgt. Hebert ===PAGE 3=== stated he did not know what Mickey Shea's policy was but they should not be overserving patrons that appear to be under the influence of alcoholic beverages. If someone is stumbling they should not be served. He stated he has discussed these situations with Mr. Herrick and advised him to call the Police for assistance as that seems to be a recurring situation with them. He added he would rather get a phone call at ten minutes to two and put someone in a cab rather than going there at ten after two and getting into the situation they are here for tonight. He stated he has spoken to both Mr. Herrick and Ms. Achilla each time downstairs following a hearing about these situations. Mr. Alonzo asked Mr. Herrick if this was true. Mr. Herrick stated this was an option but normally not the first option. Mr. Herrick stated the ABCC and TIPS training is sketchy with this situation but generally you try to get a friend to take them home, call a cab, offer a ride; calling Dispatch would be the last thing you do. Mr. Alonzo asked Mr. Herrick to acknowledge that this was an option. He did, but as a last option Mr. Ebersole asked Sgt. Hebert to clarify that one violation was allowing patrons to be on premises after mandatory closing hour and failure to have patrons leave in a quiet and orderly manner, not the serving of alcoholic beverages after hours. Sgt. Hebert confirmed. Mr. Herrick stated certainly calling Dispatch is an option but these were people that Ms. Achilla went to school with, lifelong friends. They weren't belligerent; they just wanted their car keys back. It wasn't a situation that was even remotely out of control. They just happened to get back into the building because the door wasn't locked yet. The personnel he had should have been out of there before two a.m. Mr. Toale was curious to know how Ms. Achilla got their keys in the first place given the story he has heard so far. But with Ms. Achilla not here and not sworn in, he wasn't sure he should be dealing with her letter to the Board. Mr. Herrick stated when they came in, we were not closed. She recognized the same thing Sgt. Hebert had recognized, that they shouldn't be behind the wheel. She talked them into giving her their keys and she was going to drive them home or to her house. Mi. Alonzo asked Sgt. Hebert if he is often on the night shift. Sgt. Hebert confirmed. Mr. Alonzo asked approximately how many establishments of this type are in Lunenburg. Sgt. Hebert stated he believed Lunenburg had 13 "on premises" licenses. Mr. Alonzo asked of those places, how often do you visit those places after hours? Sgt. Hebert stated that night he had gone to American Graffiti at 2:02 a.m. and they had thirteen people "on premises" and the Lieutenant had issued them a warning. This is a new policy allowing the Police to handle a first offense in house before it comes before the Board. He added he patrols as routine procedure every night around 2 a.m, or 1 a.m, depending on the night. Attorney Riley summarized that the report speaks for itself; nothing in it has been contradicted by either Mr. Herrick or Ms. Achilla's letter. As the Board may recall a hearing was held in April 2015 for Mickey Shea's and the Board found two separate violations for this establishment. One was for serving a minor and the other was similar; having patrons on premises after hours. The Board issued a five day suspension at that time. The violations tonight are within two years. Under the regulations you are allowed to consider this a third offense. Mr. Ebersole asked Mr. Herrick what his process was for replacing the manager. Mr. Herrick stated he has spoken with the ABCC on two separate occasions and they informed him as the owner he would be the acting manager until his change of manager paperwork was processed. The paperwork is currently being filled out by his attorney. Mr. Alonzo asked if Ms. Achilla was no longer the manager or no longer any employee. Mr. Herrick stated she is no longer an employee after twenty-four years. Attorney Riley advised Mr. Toale to close this part of the hearing since there was no more testimony and to have the Board rule on the violations and determine how to proceed. Mr. Toale closed the hearing. He stated the next step would be to determine if a violation(s) occurred. Motion: R. Ebersole That a violation occurred on May 5, 2016 2n': T. Alonzo Vote: All in Favor Mr. Alonzo noted this is a repeat problem. Lunenburg liquor license regulations state only offenses that have occurred within the last two years preceding the date of the violation shall be used in calculating the number of offenses for purposes of sentencing guidelines. Last year there were two violations. There were policies and procedures that could have been followed instead of the officer finding out, especially with their prior history. They could have called the Police and said we know you come by; we have this issue, please help us with this. ===PAGE 4=== The fact that they were friends was immaterial and just shows bad judgment again. He suggested the same penalty as before, another five day suspension. Mr. Ebersole believed that was a reasonable recommendation. Motion: T. Alonzo 2"d R.Ebersole To issue a five day suspension of the liquor license of Mickey Shea's from June 27 through July 1st Vote: All in Favor CURRENT BUSINESS 1. Town Manager Review Mr. Toale reported as Chair of the Board he is charged with collecting performance reviews for the Town Manager from all the Board members and creating a composite evaluation. He has done this with the Board and discussed it with the Town Manager. He read the overall evaluation into the record: A. Relationships with the Board (out of a possible score of 50): the combined score was 45 resulting in an Outstanding rating B. Fiscal Management (out of a possible score of 40): the combined score was 38 resulting in an Outstanding rating. C. Community and Public Relations (out of a possible score of 40) the combined score was 36 resulting in an Outstanding rating. D. Personnel Administration (out of a possible score of 45): the combined score was 36 resulting in a Commendable rating. E. Professional Skill and Abilities (out of a possible 50); the combined score was 43 resulting in an Outstanding rating. Overall Rating-the highest possible total score divided by 5 and spread into the rating categories as defined in the summary resulting in a score of 197 which results in an Outstanding rating. Relationships with the Board All members agreed that communication from the Town Manager is timely and helpful in their decision making on issues being faced by the Board. All members felt they were being treated fairly and equally, which is vital to a well-functioning Board. One member noted an instance of communication-disconnect on the Pavement Management Plan but this was not mentioned by other Board members. We should continuously improve the feedback loop and suggest improvements and maintain smooth communications between the Board and Town Manager with regard to Personnel and Operational Policy. Fiscal Management As with prior years, the Town Manager remains an excellent steward of our finances. This is clearly her greatest strength. Budgetary and financial reports are prepared on time, presented with clarity and made available to the public in various manners and media. Sound financial policies and practices continue to be added and refined, when needed and followed during the fiscal year. Our current S & P bond rating reflects that excellence. Of particular note were Ms. Lafleur's efforts with regard to the Pavement Management and Turf Field financial solutions. She has continued to effectively work with the Board and Labor Counsel in reaching mutually beneficial union contract agreements. Community and Public Relations As the outwardly facing representative of the Town, the Town Manager conducts herself professionally and fairly to all with whom she deals. She is calm and attentive but always positive and helpful. One has to look no further than Town Meeting to indicate how clear, concise and available her information is. There are few questions and even fewer challenges or misunderstandings. The Board and the public have grown to trust her research, analysis and presentation. When questions are asked they are answered thoughtfully, respectfully and substantially. Sometimes frustration occurs when those questions cannot be answered immediately as further research may be needed or input from other sources may be required. Personnel Administration The scores in this category are lower only because the other categories were scored "Outstanding" and this received a "Commendable" score. This may be due to lack of agreement as to the relationship between town employees, their performance (real or perceived) and the expectations of the Board. The goal setting workshop ===PAGE 5=== process should create an "agreed understanding" of roles and performance metrics between Town Manager, town employees and the Board of Selectmen. Professional Skill and Abilities The Town Manager maintains the highest standards of ethics and honesty and demands that of those who work under her charge. Her planning and execution skills are outstanding and only limited by time and available resources. She takes responsibility for those who work under her charge. She is encouraged by the Board to maintain active membership in her professional associations as they are good sources of information and contacts that can benefit the Town. Mr. Toale added there are other items such as: What has the Town Manager done well? What could the Town Manager do better? What could the Board do to help the Town Manager? What could the Town Manager do to help the Board? and Suggestions for Town Manager Future Goals. These items will be addressed in detail at a future workshop meeting with a full Board. Mr. Toale added in his opinion, Ms. Lafleur has done an outstanding job and it's a pleasure to work with her. Mr. Alonzo stated the work she has done during her tenure here has been invaluable, to be in the position we are; to get the bond rating, projects we have done, to have a projection on how to maintain where we have gotten, and to urge people on Boards as well as employees to maintain what we have achieved. Mr. Ebersole echoed that with the comment that we as a Board need to stay out of the way of the Town Manager so she can do her job. 2. Power Purchase Agreement Discussion (continued) Mr. Ebersole reported he contacted several people who he believed commented during the discussion regarding power purchase agreements at Special Town Meeting. There was a combination of understanding that this was different than solar on the ground, to solar is solar, to supporting the expansion of solar where appropriate. There were some questions about leasing versus purchasing, use of the contingency fund from the school to do it and concerns about aesthetics. One comment was they thought all projects were going to come back to town meeting whether pre or post approval by the Board. The bottom line he got from various comments was that there should be a public forum separate from the Board of Selectmen up to or including a Special Town Meeting for discussion. Mr. Alonzo stated he believed the Board should follow through on what they promised and believed they should hold an informational meeting and a Town Meeting. He also thought the Board could hold a STM in a timely manner to meet the SREC II deadline. Mr. Toale believed the discussion at Town Meeting was that voters felt comfortable the Board could make decisions that were longer than three years, but the Board felt the need to be transparent. To the extent the Board should hold a town meeting just for this purpose, we should weigh whether having the town ratify the decision and input as to the aesthetics at some point after we meet our objectives is a reasonable way to approach our commitment. He was concerned about trying to do this in the summer in time to meet the deadlines and if they could get a quorum. Mr. Alonzo stated if there was a Nexamp type project and it didn't even exist in the town and we were just purchasing it to save money, he would probably say there's no need for STM. It's just a cost saver. If we call a STM and there is no quorum, we always have the ability to say we wanted the Town to be involved but now we have to make a decision because it's going to involve the savings that Mr. Londa said and we have offered it to the town. If they don't come and participate then that's different than giving them the option. Ms. Lafleur wanted to remind that the forum for discussion of aesthetics is not going to be at Town Meeting. Town Meeting would only take up the actual power purchase agreement. Aesthetics would be discussed at the School Committee and Planning Board meeting level. Ms. Lafleur stated the Board needs to consider the legal authorization that it has for these agreements and if it is the Board's intent that all or some of these power purchase agreements go back to Town Meeting to be voted on every time they are presented to them. She suggested the Board makes its intentions clear at the Special Town Meeting by rescinding the prior authorization and then proposing authorization for certain types of solar projects. Mr. Alonzo suggested forming a policy to bring to the meeting. Motion: R. Ebersole 2"': T. Alonzo To hold a Special Town Meeting to present a power purchase agreement Mr. Toale asked if there were any other items that might be presented at the Special Town Meeting as well. ===PAGE 6=== Ms. Lafleur did check and Planning Board has one minor item they could put on the warrant. The Town does not have any budget items to present and it is too early to tell if we need anything for a fall town meeting. Vote: All in Favor FY 2017 REAPPOINTMENTS TO COMMITTEES/BOARDS Board of Selectmen Appointments Ms. Lafleur read aloud the list and noted there were reappointment requests for all except the two Selectmen positions on committees. Agricultural Commission- 3 years-term expires June 30, 2019. Maureen Dupuis-175 Highland St. Cable Advisory Committee- term to expire June 30, 2017 Steve Walker-227 Pleasant Street Tom Alonzo-284 Lancaster Ave. Paul Bertram- 312 Townsend Harbor Road Conservation Commission- 3 year terms-term to expire June 30, 2019 Todd Dwyer-105 West Street Jack Rabbitt-314 Townsend Harbor Road CC Associate Members- 1 year term Vacant Clock Winders-term expires June 30, 2017 Lou Franco -250 Arbor Street Michael Kidney- 86 Lancaster Ave. Joseph "Al" Dettenrieder -72 Lancaster Ave. George Martin -522 Burrage Street Tom Alonzo-284 Lancaster Ave. Constable- 1 year term Stanley R. Young - 108 Arlington St. Fitchburg Kevin Rice- 14 Iris Road, Leominster Council on Aging--term to expire June 30, 2019 Pete Lincoln -46 Hemlock Drive Judith Tarbell-111 Woodland Drive Jacquelyn Dwyer- 105 West Street Kevin McNally- 68 Hemlock Drive Jane Rabbitt- 314 Townsend Harbor Road Historical Commission-expires June 30, 2019 Lois Lewis- 389 Sunnyhill Road MART Advisory Board- expires June 30, 2017 Phyllis Luck Montachusett Regional Technical Vocational School Committee-expires June 30, 2012 Barbara Reynolds-952 Flat Hill Road Senior Citizen Property Taxation Work Off Program-expires June 30, 2017 Myleen Mallari-Treasurer/Collector Nancy Forest-Human Resources Sue Doherty-COA Director Shelia Craigen- Principal Assessing Clerk Town Counsel-term to expire June 30, 2017 Kopelman & Paige, PC Zoning Board of Appeals- 5 years-term expires June 30, 2021 James Besarkarski-69 Elm Street ===PAGE 7=== Motion: R. Ebersole To appoint the parties as read by the Town Manager 2nd: T. Alonzo Vote: All in Favor Town Manager Appointments Ms. Lafleur moved on to the Town Manager appointments. She stated many of these are town employees and they did not submit a reappointment request. These are all one year appointments that expire June 30, 2017. Assistant Building Inspector John Morreale- 8 Sequoia Drive Alternate Building Inspector Ed Cataldo -276 Granite St. Leominster Dam Keeper Ronald Wilson 701 Reservoir Road Assistant Dam Keeper Rich Patry 655 Reservoir Road Emergency Management Director /Forest Warden- Fire Chief Patrick Sullivan Fence Viewers- 1 year term Vacancies Field Driver- Kathleen Comeau -806 West St. Hazardous Waste Coordinator Kerry Lafleur Hearings Officer Kerry Lafleur Inspector of Plumbing/Gas Gary Williams - 34 Round Road Assistant Inspector of Plumbing/Gas Richard Kapenas Pound Keeper Jean Larkin- 17 Highland Street Inspector of Weights and Measures Stephen E. Cullinane-46 Goodrich Street Inspector of Wires James Sharkey Assistant Wiring Inspector Jack Biery R.A.C.E.S Control Officer Ralph Swick-113 Townsend Harbor Road Brian LeBlanc- Asst. Radio Operator- 67 Mulpus Road Jeanine Swick- Member- 113 Townsend Harbor Road Tree Warden Jack Rodriquenz Veterans' Service Officer I. J. Blauser Police Officers/Reserve Police Officers/ Licensing Commission Agents Full-Time Officers: Chief James Marino Lt. Michael F. Luth Sgt. Thomas L. Gammel Sgt. Sean J. Connery Sgt. Jack A. Hebert ===PAGE 8=== Det. Sgt. Jeffrey M. Thibodeau Officer Jonathan J. Broc Officer Robert D. Diconza Officer Peter Lekaditis Officer Joshua M. Mathieu Officer Bradley McNamara Officer Deven O'Brien Officer Joshua B. Tocci Officer Sean Zrate Reserves: Officer Stanley W. Barney Officer Benjamin Campbell Officer Robert R. DaCosta Officer Jacob Lachance Officer Meaghan B. Landry Officer Donald A. Letarte Officer Zachary J. Levasseur Officer Todd F. Lynch Officer Jonathan G. May Officer Lisa M. Melnicki Officer John Morreale Jr. Officer Chad Stateler Officer John M. Wagner Special Police Officers (Town of Shirley) Sgt. Peter Violette Sgt. Alfreda Cromwell Sgt. Samuel Santiago Ptl. Craig K. LaPrade Ptl. Everett W. Moody Jr. Ptl. William McGuinness Ptl. Joseph Barker-Santiago R. O. Alan Rice R. O. lan Brown R. O. Mark Lafferty R. O. David Lange R. O. Matthew O'Sullivan R. O. Ryan Strianese Special Police Officers (Town of Townsend) Full-Time: Chief Robert M. Eaton Jr. Lt. Mark Giancotti Sgt. John Johnson Sgt. Kimberly Mattson Sgt. Randy Girard Officer James Marchand Officer Thaddeus Rochette Officer George Reidy Officer Mark Francis Officer David Phillips Officer James Landi Officer Brent Davis Officer Jeffery Giles ===PAGE 9=== Officer Michael Marchand Reserve Officers: Tony Brennan Chris VanVoorhis Austin Cote Joseph Quinn Thomas Kalil Motion: T. Alonzo 2"d: R. Ebersole To ratify all the Town Manager appointments as presented Mr. Ebersole asked what R.A.C.E.S stands for. Ms. Lafleur reported Radio Amateur Civilian Emergency Services; a stand-by radio service provided for in Part 97 of the FCC rules and regulations. It is administered by local emergency management agencies to engage licensed amateur radio operators who have registered in the program. The program is activated only by the Town Emergency Manager. Mr. Ebersole asked why the Town does not appoint Special Officers from Leominster and Fitchburg. Mr. Alonzo added Ashby too. Ms. Lafleur will research that question and get back to the Board. Vote: All in Favor The Board thanked Executive Assistant Peterson for coordinating all of the reappointments. Mr. Toale noted a couple of the Council on Aging appointees have invited the Selectmen to attend one of their meetings a couple of times a year. Warrants/Action File Issues The Board signed an accounts payable warrant in the amount of $347,080.85; a MS/HS project warrant in the amount of $1,117,316.51; payroll warrant in the amount of $742,405.04; and a deductions warrant in the amount of $23,339.99. Mr. Toale stated he had one action file issue; to work on a flag policy and procedure. Mr. Ebersole added scheduling workshop meetings on a regular basis. Mr. Toale recommended one workshop devoted solely to setting goals. Committee Reports: No report on Finance Committee. Cable Advisory Committee will be meeting at the end of July due to summer vacations. The School Building Committee met at the new school last Wednesday. Asbestos abatement in the gym will begin in order to demolish it. This will create room for the new maintenance garage. Following that, other individual sections will be demolished. The committee authorized some change orders in the total amount of $31,842. $15,834 of that provides supplemental heating units in one of the open spaces. The athletic department wanted to have a digital screen installed for teaching a large class in the weight room. The committee authorized only the electrical wiring and the outlet placement for a future installation. Two convectors in the locker rooms had to be relocated because they stuck out too far to be ADA compliant, costing $3,680. There was a flooring change in the control booth in the auditorium electrical room from carpeting to vinyl composite tile flooring which reduces static electricity build up. This cost $1,401. They modified the "boulder wall" where the concessions stand is, originally there was going to be chain link fence; the area will be regraded at a cost of $10,039. There are some other change requests amounting to $95,000. It is not known whether they will go forward. Right now there is a little less than $4 million remaining in the contingency fund. The only thing coming up that could incur further costs could be soil conditions or an unknown utility not that has to be relocated during demolition. There were no other committee reports. Town Manager Report: Ms. Lafleur reported Unitil is working on the circuit upgrades and is now saying they should be ready by the end of the fall. Anyone on the waiting list for solar project approval should be contacted by Unitil in the next few weeks. ===PAGE 10=== Joe Fiori, Business Development Manager of the Nexamp solar project, is requesting a slight amendment to the timetable for the commercial operation date. This will be on the next meeting agenda. The auditors are in Town Hall doing pre-audit work this week for fiscal year 2016. We are moving forward with the Verizon Wireless lease for the cell tower to be located on school property. This still has to go through a special permit application process with the Planning Board. Ms. Lafleur reported bids for a three year contract were received for the purchase of asphalt. The low bidder was P.J. Keating and the price is lower than the current contract. The complete file on all services and materials bids is available for viewing on request. We are still working on how to go forward with the pavement of the local roads. We are currently completing the spring paving project. Next we will be doing the sewer betterment district paving. We will be coming back to the Board with a proposal on how we are going to proceed on Phase 1 of the local road paving. Mr. Toale announced their next meeting will be on June 21$t Mr. Ebersole wanted to thank the DPW and their work on Leominster Road and Lancaster Road. Mr. Alonzo wanted to wish everyone a safe and Happy Fourth of July as he will be absent from the meeting next week. There was no public comment. Motion:T. Alonzo To adjourn the meeting at 8:22 p.m. 2": R. Ebersole Vote: All in Favor Respectfully submitted. Elaine m Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2016-06-21-agenda-5017.txt BOARD : select-board DATE : 2016-06-21 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2016-06-21-agenda-5017.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06212016-5017 ======================================================================================== ===PAGE 1=== Select Board Meeting- Executive Session1. ======================================================================================== DOCUMENT : 2016-06-21-minutes-4972.txt BOARD : select-board DATE : 2016-06-21 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2016-06-21-minutes-4972.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06212016-4972 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN Minutes Joseph F. Bilotta Meeting Room, Town Hall June 21, 2016 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 Lafleur, Town Manager Not present: Tom Alonzo, Clerk The meeting opened at 7:00 P.M. with the Pledge of Allegiance. PUBLIC COMMENT: Mr. Toale announced Lunenburg Public Schools invites the public to tour the new Middle/High School this summer. The following tour dates are available: 7/2, 7/9, 7/14, 7/21, 7/23, 7/28, 8/4, 8/11, 8/13, 8/18, and 8/27. Thirty people per tour can be accommodated. Please preregister at: http://goo.g//forms/iZal.zdyJ9X/TPSCC3 The Town Clerk's office will be closed Wednesday, June 22"d There are still vacancies on the following Town committees: Personnel Committee- 3, Finance Committee- 3, Public Access Cable Committee- 2, Cable Advisory Committee- 1,Storm Water Task Force-1, Conservation Commission - 1, Sewer Commission (elected position) - 1, and Fence Viewers- several. Mr. Toale asked for any public comment. Limousine License Application: Applicant Thomas L. Crounse presented to the Board for a limousine license in order to place one limousine at 53 Chase Road. There are three vehicles for the business and other drivers keep them at their homes. The Building Inspector has reviewed the location. Ms. Lafleur reported the application is complete. The property owner, John Baker is providing one parking space at his property at 53 Chase Road for the limousine. Motion: P. Bertram 2nd: REbersole To approve the limousine license requested for 53 Chase Road Vote: All in Favor John Baker wanted to acknowledge a High School faculty member, Caryn Wardwell, who teaches music. His granddaughter graduated this year and was under the direction of Ms. Wardwell for four years. He stated she is an outstanding teacher and he encouraged others to attend music events at the school. CURRENT BUSINESS: 1. NEXAMP Agreement Amendment- Ms. Lafleur reported Nexamp Business Development Manager Joe Fiori has requested an amendment to the current agreement with them. Mr. Fiori stated they would like to amend the commercial construction commencement date to October and the mechanical completion date to December 315t The reason has to do with the time it took to close on the PILOT project agreement with the City of Fitchburg. The changes would delete "within 180 days of the effective date," and replace with "by October 31, 2016," and delete "within 270 days of the effective date, " and replace with " December 31, 2016." Motion: R.Ebersole 2": P. Bertram To approve the amendment as described Vote: All in Favor 2. Set date for Special Town Meeting and Open Warrant Ms. Lafleur reported she had two possible dates for the Special Town Meeting. The dates are August ===PAGE 2=== 8 and August 29. The purpose of the STM is to present two power purchase agreements and some other articles. The warrant would be opened briefly and close June 30, 2016. The timeline for printing the warrant, legal review and mailing within the 14 day required notice will be tight. The Planning Board would like to amend one site plan approval bylaw. We may also have the Request for the APR for Lanni Orchards ready for that. Motion: R. Ebersole To hold the Special Town Meeting on August 8, 2016 Ms. Bertram asked why the August 8 date was more preferable than the August 29" date. Facilities Director John Londa reported two power purchase agreements need to be negotiated as soon as possible and construction completed by December 31$t 2"°: P. Bertram Vote: All in Favor Ms. Bertram asked why the warrant would only be open for one week. Ms. Lafleur stated that we need Town Counsel to have enough time to review the articles; the Board needs to review them and make recommendations also. If there is a financial impact from a warrant article, the Finance Committee would also review and make a recommendation. Ms. Luck asked if there would be another town meeting in the fall. Mr. Toale stated they would probably hold one in the fall. Ms. Bertram asked what the cost of a town meeting was. Ms. Lafleur stated $1,500 and up, depending on the size of the warrant. Further discussion ensued on the cost of holding three town meetings in one budget year. Also discussed was going back to town meeting each time there is a power purchase agreement and if there would be some resolution to that. Ms. Bertram thought the Agricultural Commission might want to reword the article they withdrew from the Annual Town Meeting. Ms. Bertram expressed concern that people would not have enough time to submit articles in one week. It was decided to close the warrant on June 30th Motion: R. Ebersole 2nd: P. Bertram To open the warrant tonight for Special Town Meeting on August 8 and close the warrant at 5:00 p.m. on June 30, 2016 Vote: All in Favor 3. Stormwater Task Force Membership; Alternate Member; Request to Work w/MA Watershed Coalition Ms. Luck reported the Storm Water Task Force is a seven member board, but currently have only five members. The SWTF representative from the Board of Health can no longer attend their meetings and the Board of Health is not providing another representative. The citizen at large has resigned. She suggested changing the membership to a five member board in order to meet quorum requirements. If interest in joining increases, it can always be amended. Motion: P. Bertram To change the Storm Water Task Force membership from seven to five members 2'°:R. Ebersole Vote: All in Favor Ms. Luck reported the SWTF has discussed getting some assistance. The task force is charged with a pretty big, technical obligation and they are not professionals. She and the other members believed they needed further professional assistance to get their work done and voted in favor of requesting help. The task force is requesting Board approval to solicit for a scope of services not to exceed a cost of $12,000. Included in the scope would be assistance with achieving compliance with state and federal stormwater permitting requirements, developing a comprehensive stormwater management plan, locating state, federal and private funding sources, as well as assistance with grant applications, developing stormwater solutions that achieve more pollutant capture for less cost, enabling town boards to get on the same page in the creation and utilization of effective stormwater bylaws, enabling town boards and residents to know how to prevent and repair runoff problems, assembling educational materials and guidance about stormwater opportunities, creating an ongoing funding source, such as determining the feasibility of a stormwater utility and getting the most out of our membership in the Central Mass Regional Stormwater Coalition. Ms. Bertram understood the need for professional assistance but had a concern that the items in the scope of services were many and some of the tasks were very different. She wondered if one consultant could do all of these. In the past there has been funding in the DPW budget for stormwater management and through consultants we have addressed meeting the compliance with state and federal stormwater permitting requirements. Is it still there? Ms. Lafleur stated there is funding for preparing and filing the annual report. Ms. Bertram thought the SWTF could certainly be involved with that but the funding is already in the DPW budget. Ms. Lafleur clarified the funding is for the report that we currently file, not for requirements going forward. ===PAGE 3=== Adam Burney, Land Use Director, stated the SWTF is charged with preparing the Town for the new permit process. On July 1, 2017, there will be the issuance of a new NDES permit. The DPW funds are currently for reporting on the activities comprised under the existing permit. The SWTF's intention is to look at the difference between the 2003 permit and the 2017 permit and prepare the Town through their stormwater management plan on what we are currently doing; how that applies to the new permit and what the new tasks would be. The first step is looking at how the DPW is currently complying with the 2003 permit. There is a series of additional requirements under the new permit. Ms. Bertram stated in the 2007 report there was a recommendation to continue certain tasks. She stated she was assuming there is funding in the DPW budget to continue those tasks. She asked whether it makes sense to engage that consultant into this process rather than bring a new consultant in for the new permit who isn't familiar with where we are now. There is some overlap there. Mr. Burney stated if the Town is going out to bid, soliciting a bid from the consultant who is currently doing the work would be an intelligent solution. Ms. Bertram did not believe $12,000 would cover all of the items the SWTF has requested assistance on. Mr. Burney stated the existing plan can be modified. The easiest way to achieve it will be to rank them in order of priority. SWTF member Sarah Cammer stated one of the things they are struggling with is assistance. The consultant would not do all of the items on their list, basically the first two items. They do need someone who is knowledgeable with all the previous and future permit components. We estimated the number of hours at $50 per hour to come up with the $12,000 number. Mr. Ebersole stated he would like to see the scope of services more fine-tuned before it goes out. Further discussion ensued on the procurement process. Ms. Bertram stated she did as well and wanted to know how DPW would meet the Notice of Intent deadline date. The Board approved the funding but wanted to see the scope of services defined better. APPOINTMENTS (cont.) Ms. Lafleur read aloud the following appointments: Architectural Preservation District Commission-term to expire June 30, 2019 Richard McGrath- 22 Cushing Lane Clock Winders-term expires June 30, 2017 John Lynch ZBA Associate- term to expire June 30, 2019 David Blatt-438 Lancaster Avenue Public Weighers- term to expire June 30, 2017 Richard Reynolds Jennifer Oliveira Britany Woodhouse Sarah Fitzgerald Eric Morin Brian Contois Jay Vallierre Michael Reynolds Robert Croteau Motion: R. Ebersole To approve the appointments as presented 2"': P. Bertram Vote: All in Favor Ms. Bertram stated while looking at the reappointment forms noticed some comments on the forms that should be responded to. The comments will be collated into one document for a future work session. 4. Minutes/ Warrants/ Action File Issues The Board signed a school payroll warrant in the amount of $264,817.49, a payroll deductions warrant in the amount of $35,421.43 and an accounts payable warrant in the amount of $260,978.66. ===PAGE 4=== Minutes of May 17, 2016 required one additional signature. Minutes of June 7 and June 14, 2016 were presented but will require one additional signature of a member who attended those meetings at the next meeting. 5. Committee Reports: Ms. Luck reported the School Committee members have reorganized since the election and are ready to get to work. The Storm Water Task Force met on June 2nd. '. It has been determined there is insufficient time to submit a DEP/Section 319 Nonpoint Source Competitive Grant application. The SWTF will aim for the June 2017 round. Ms. Bertram reported at the May 25* MPO meeting four different scenarios were presented for the 2017-2021 Transportation Improvement Program (TIP). One of those scenarios moved the Summer Street project out to 2018/2019. There was a meeting on June 19" with representatives from Leominster, Lunenburg and Fitchburg After discussion all believed it was important to keep the project in the 2017 TIP schedule. The only thing holding Lunenburg back is the MEPA review. Easement acquisitions cannot be done until this is completed. It is expected to be returned in July. We are also waiting for the proposal for the 100% design costs. Ms. Lafleur reported she had not received this yet. We are moving forward but having this information before the next MPO meeting on June 29# would be helpful. Mr. Toale reported there were no bids submitted on the market analysis of the municipal buildings within the dollar limit. We rebid and extended the date out for new bids. The new deadline is Noon on July 18"". Mr. Toale announced the Board would be meeting next on July 5'". He wished everyone a Happy Independence Day. There was no further public comment. He requested a motion under M.G.L. C. 30a, §21; to discuss strategy with respect to litigation if an open meeting may have a detrimental effect on the litigating position of the public body and the Chair declares so: UNITIL - 2008 Ice Storm Matter and to discuss a Land Damages Claim. Motion: P. Bertram To enter into Executive Session for the reasons listed and adjourn immediately following it Vote: Ms. Luck-aye, Mr. Bertram - aye, Mr. Ebersole-aye, Mr. Toale - aye The open session of the meeting adjourned at 8:00 p.m. 2"d: R. Ebersole **************************Executive Session Minutes are Seperate****************************** Respectfully submitted, Elaim Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2016-06-21-minutes-5017.txt BOARD : select-board DATE : 2016-06-21 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2016-06-21-minutes-5017.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06212016-5017 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Not present: Tom Alonzo, Clerk Others in attendance: Kerry Lafleur, Town Manager The meeting commenced at 8:07 p.m. Ms. Lafleur reported on Marshall Park abutter, Elaine Mroz and her claim against the Town. Ms. Lafleur had spoken to Kopelman & Paige attorneys Joel Bard and Vicki Marsh regarding this issue. Ms. Mroz contacted Ms. Lafleur because she is selling her Chestnut Street house and her buyer's realtor advised the buyer not to close on the sale because the Town had a claim on the property that would take years to sort out. Ms. Mroz and her realtor met with Ms. Lafleur earlier today. Ms. Lafleur clarified that the Town does not have a claim on the Mroz property. Ms. Mroz would like the Town to acknowledge the stone wall as the property boundary. Ms. Lafleur told Ms. Mroz the Town would be looking for her to drop her claim against the Town. Ms. Mroz informed her that if she sells the property she would not have a claim against the Town anyway. Ms. Lafleur asked Ms. Mroz if this would satisfy the buyer and she believed it would. It is complicated because any disposition of town property requires town meeting approval. Any disposition of park land requires approval of the state legislature. After consulting with Attorney Marsh, the Board would send a letter that states as a show of good faith on behalf of the Town, that if the Town determines after due diligence through additional title or survey work that the property in question is owned by the Town, the Town would agree to convey the property provided they are able to obtain the necessary approvals from Town Meeting and or the state if needed under Article 97. Further it would be their understanding that in exchange Elaine Mroz will release all rights to her claim under the letter of January 2016 sent to the Town. Ms. Lafleur stated she was using the word convey because it is uncertain what we would be doing at this point. The issue is that trees were cut in July 2014, we worked for a period of time with Ms. Mroz to come to a solution and it seemed the more we worked the further we got from it. We decided to hire a surveyor to determine the park boundaries. The surveyor came back and said he wasn't able to close the bounds. Last fall after a couple of public meetings the Parks Commission held with the residents, we decided there seemed to be enough opposition to parking in that location that we should be looking tor other locations. We knew we were never going to come to agreement with Ms. Mroz if we had the parking there. We decided to hire a surveyor to do an existing conditions plan. We weren't focusing on the boundaries but wanted to identify areas we could locate for parking as there are also wetlands on the property. We hired Whitman and Bingham in the fall and in May they presented a plan to us. They returned the plan with a letter that you have seen. What they found was there wasn't any problem with Ms. Mroz's deed. The Town deed raises an issue with the western boundary, which is the boundary which borders Ms. Mroz's property. If you start from the eastern point and proceed west along the frontage, there is an eighty foot overlap. This is the area where some of the trees were cut. Most of the trees cut were located on the town side of the stone wall, but what was cut on the other side was within that eighty foot boundary. That is a key point in trying to mitigate any damages we have under the claim. Ms. Lafleur didn't think the property on the Mroz side of the stone wall is critical to the park; the stone wall makes a nice boundary. According to what Whitman and Bingham said, if you took this to land court, the resolution would most likely be the stone wall. She believed the letter that she and Ms. Mroz discussed is a reasonable settlement to this issue. The question was asked if the Board could designate the stone wall as the boundary. Ms. Lafleur stated no, town meeting would do that. Ms. Lafleur stated another item she ===PAGE 2=== - •k. Ebersole To adjourn from Executive Session and reconvene in Open Session to adjourn Vote: Mr. Ebersole- aye, Ms. Luck- aye, Mr. Toale-aye, Ms. Bertram - aye The meeting adjourned at 8:35 p.m. Respectfully submitted, Elaim Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2016-07-05-minutes-4973.txt BOARD : select-board DATE : 2016-07-05 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2016-07-05-minutes-4973.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07052016-4973 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN Minutes Joseph F. Bilotta Meeting Room, Town Hall July 5, 2016 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; Tom Alonzo, Clerk; Paula Bertram, Member; Phyllis Luck, Member Not present: Kerry Lafleur, Town Manager The meeting opened at 7:00 P.M. with the Pledge of Allegiance. PUBLIC COMMENT: Mr. Alonzo reported that resident Larry Marshall, who had purchased the Jones House and who was very active in the Lunenburg Boy Scouts, had passed unexpectedly on June 29th . He offered his condolences to his family. Mi. Toale stated he got to know Mr. Marshall through his help with Memorial Day planning over the past couple of years. He wished the family the very best. Ms. Luck wanted to thank the Police Department for their excellent work over the Fourth of July weekend on Lake Shirley. They patrolled diligently and kept everyone safe. Mr. Toale listed several vacancies on the following: Finance Committee- 2, Public Access Cable Committee- 2, Personnel Committee- 3, Conservation Commission- 1, Parks Commission - 1, and Fence Viewers-several. There was no further public comment. APPOINTMENTS Joint Appointment of Joseph Anderson to Sewer Commission Vacancy with Sewer Commission Mr. Toale noted the Sewer Commissioner is an elected position and there was a failure to elect. He requested Sewer Commissioner Chair Carl Luck to come forward. Mr. Luck opened the joint meeting of the Sewer Commission with the Board of Selectmen. Mr. Anderson introduced himself; he moved to West Street in Lunenburg about three years ago. He wanted to help the Town out. Mr. Ebersole asked if he had a sewer connection on his property. Mr. Anderson stated no, not yet. When asked what he did as a job, he stated he was a quality assurance specialist for a defense contracting company in Ayer. Mr. Toale asked him if he knew the term ran until the next election in 2017 and if he would run for election at that time. Mr. Anderson stated yes to both. Sewer Commissioner John Reynolds stated he had a background in quality assurance as well so it would be nice to have someone else on the commission. Mr. Luck thanked him for volunteering. Motion: T. Alonzo 2nd.R. Ebersole To nominate and jointly appoint Joe Anderson to the Sewer Commission until the next annual election Mr. Ebersole-aye, Mr. Alonzo-aye, Mr. Toale, aye, Ms. Luck - aye, Ms. Bertram - aye, Mr. Luck-aye, Mr. Reynolds- aye, Ms. Bunish-aye Mr. Anderson thanked both Boards. Mr. Toale requested Arthur Snow come forward regarding his request to be appointed to the Agricultural Commission. Mr. Snow stated he was asked by the Agricultural Commission to come on their board. He has attended all but three of their meetings over the past year. Mr. Snow is a local farmer and owns Snowflake Farm on Goodrich Street and is a licensed contractor working in the Concord area. He moved here in 2012. He would like to be part of the team. Motion: R. Ebersole 2'°: T. Alonzo To appoint Arthur Snow to the Agricultural Commission with a term to expire June 30, 2019 ===PAGE 2=== Vote: All in Favor Mr. Toale asked Holly Carr, 86 Valley Road, who has requested to be appointed to the Cultural Commission to come forward. Ms. Carr stated she has lived here for 30 years and has experience in the arts and music and would like to volunteer again. Motion: R. Ebersole To appoint Holly Carr to the Cultural Council with a term to expire June 30, 2019 2nd: T. Alonzo Vote: All in Favor Ms. Carr thanked the Board. All appointees were reminded to go to the Town Clerk office to be sworn in. Resignation- Bob Robuccio from Parks Commission effective June 22, 2016. Mr. Toale read Mr. Robuccio's resignation, which was due to personal obligations. Motion: R. Ebersole To accept the resignation of Bob Robuccio effective June 22, 2016 2"d. T. Alonzo Vote: All in Favor Mr. Toale thanked Mr. Robuccio for his service to the Town. He encouraged others to come forward and volunteer on the Parks Commission. CURRENT BUSINESS 1. License fees (continued) Mr. Toale reminded that this was a continuation of a discussion started at a previous meeting. The Board reviewed Lunenburg's current license fees and those of the surrounding communities. They also reviewed license transfer fees of other communities. A memorandum from May 9th outlined the process of what is involved in a license application. Ms. Bertram recommended setting a fee for a license transfer and noted there was currently no fee for a Club- Wine and Malt license. Discussion ensued over the various fees for different licenses. Motion: P. Bertram 2nd.P. Luck To add the fee of $75.00 for alcohol license transfers to the license fee schedule Vote: All in Favor Motion: T. Alonzo 2nd: R. Ebersole To add the fee of $175.00 for a Club - Wine & Malt license to the license fee schedule Vote: All in Favor Motion: T. Alonzo 2"d.P. Bertram To remove the jukebox license from the license fee schedule Mr. Toale stated he would like to know what would be the difference between an automatic amusement device and a jukebox license. It was decided to research further before voting. 2. Donation of Granite Bench to Town Mr. Toale reported Mario and Phyllis Andella will be moving and would like to donate a granite bench to the Town. They would like it to be placed at the Turkey Hill Gardeners planting area in the center of Town. DPW will be able to move it. Motion: T. Alonzo 2nd. P. Bertram To accept the donation of the granite bench from the Adellas as described Vote: All in Favor The Board thanked the Andellas. 3. Finalized Storm Water Scope of Services Request This item was postponed to a later meeting. 4. Minutes/ Warrants/ Action File Issues Minutes of June 21, 2016 were presented for approval. The following warrants were presented for approval and signatures: FY 17 Accounts Payable $1,796,259.07; FY 16 Accounts Payable $584,850.81; FY 16 Payroll Deductions Warrant $215,539.09; FY 16 Accounts Payable $134,449.24 and a Payroll Warrant $572,940.75. ===PAGE 3=== 5. Committee Reports Ms. Bertram reported the Montachusett Metropolitan Planning Organization (MMPO) met last week. The MPO voted to release the following documents; Draft Amendment #2 FFY 2016 TIP; some money was moved and some projects awarded. Also released was the Draft FFY 2017-2021 Transportation Improvement Plan. The Summer Street project remains in the 2017-2018 schedule. In the event it does not meet the target deadline MRPC would like to be notified. Lastly, the Draft 2016-2017 Unified Planning Work Program was also released. These are all out for public comment until August 1, 2016. One item under the UPWP is a storm water data development program; this program will be offered and used to assist communities in their data collection responsibilities required to follow EPA Phase II stormwater regulations for NPDES/MS4s. The next meeting is August 3r0 . There was one other issue regarding the Summer Street project. The number used to program into the TIP is slightly less than the dollar amount that the town engineer used. The difference is the cost of drainage is slightly higher. There is some concern on that number. DPW Director Rodriquenz is going to touch base with VHB engineer Trish Donovan. The Town will need to get the final number to MRPC as soon as possible. The Planning Board met on June 27. Ms. Bertram did not attend but viewed the meeting. There was an interesting discussion on storm water and the adoption of infrastructure. They will be reviewing rules and regulations of the Planning Board and will be working with the Storm Water Task Force on low impact developments that the Town can maintain. They did vote to support the Lanni Orchards Agricultural Preservation Restriction. They held a special hearing on the revision for special permits and site plan approval. The next meeting is July 25th The Planning Board is working in the Use Table in the bylaws. They discussed removing the Whalom Overlay District which will be a warrant article for the Special Town Meeting. Conservation Commission is meeting tomorrow. One issue on the agenda is the continued enforcement on 101 and 225 Pleasant Street. The deadline to have the reestablishment plan is tomorrow. Conservation has not received anything yet from Mr. Gardner. Ms. Bertram stated she received a letter from a business owner on Summer Street. Ray Morin Inc. was concerned about using a gated entrance onto Summer Street for their equipment for their business. They have expressed concerns with the current road plans and have not been contacted by the engineers. With the current plans they would not be able to access their equipment. They requested a procedure from the Board on how to implement changes to the current plan in order for their business to continue. Ms. Bertram will forward the letter to the Town Manager and VHB for follow up. Ms. Luck reported the School Committee is meeting tomorrow evening. The Storm Water Task Force met on June 30th • They discussed the scope of services request. Land Use Director Burney took the task of finishing it ig bring ilage presentation to this geard. They meet again on July 18". The 2BA meets on July 13 and Mi. Alonzo reported due to vacations, the Cable Advisory Committee will meet in August. Finance Committee and School Building Committee have not met. The asbestos abatement continues at the old school in preparation for demolition. Everything is right on schedule. Mr. Ebersole reported the Sewer Commission continues to work on grease trap requirements compliance. They are also finalizing the betterments on the sewer project. Mr. Toale reported the Building Reuse Committee has reissued an invitation to bid on the market analysis of the municipal buildings. The new deadline is July 18h '. Capital Planning should start meeting again in the fall. The quarterly Animal Control report is in the Action file under Correspondence. The Board will meet again on July 12"* for a workshop session; it will not be televised. Public Comment: Ms. Luck reminded all of the Lions Club Pancake Breakfast at Eagle House on the 13"h . Mr. Alonzo noted the Volunteer Appreciation Social will be on the 26* at Eagle House from 5 - 7 p.m. for volunteers on boards and committees. It will be a barbeque. Anyone interested in serving on a board may attend to find out more about it from the current members. There was no further public comment. ===PAGE 4=== Motion: P. Bertram To adjourn the meeting at 7:46 p.m. Respectfully submitted, Elainen Reteroon Blaine M. Peterson Executive Assistant to the Town Manager 2"d. T. Alonzo Vote: All in Favor ======================================================================================== DOCUMENT : 2016-07-12-minutes-4974.txt BOARD : select-board DATE : 2016-07-12 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2016-07-12-minutes-4974.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07122016-4974 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN Minutes Joseph F. Bilotta Meeting Room, Town Hall July 12, 2016 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; Tom Alonzo, Clerk; Paula Bertram, Member; Phyllis Luck, Member and Town Manager Kerry Lafleur. The meeting was called to order. PUBLIC COMMENT: Michelle Belleza, Executive Director of the Boys and Girls Club of Lunenburg, reported there was a Board meeting last night and they wanted to thank this Board for the Teen Center parking lot resolution. The club is seeing 45-60 teens per day through the summer. Ms. Belleza was here tonight to request a toll booth fundraiser on Saturday, September 10" from 9 a.m. to 2 p.m. for the center of town. Motion: R. Ebersole 2nd: P. Bertram To approve the toll booth fundraiser pending submitting the application Vote: All in Favor Ms. Belleza thanked the Board and exited the meeting. Ms. Lafleur reported Town Moderator Murphy was not available for the Special Town Meeting on August 2nd An alternative date of August 22'd was suggested. Motion: R. Ebersole 2'': I. Alonzo To reschedule the Special Town Meeting date to August 22, 2016 Vote: All in Favor Motion: R. Ebersole 2"d: P. Bertram To open the warrant for the Special Town Meeting tonight and close it at 4:00 p.m. on Thursday, July 14, 2016 Vote: All in Favor The Board reviewed the draft Special Town Meeting warrant articles. Ms. Lafleur reported the first article is a budget adjustment article. She did not expect any adjustments, but it is on the warrant if it is needed. The second and third articles address funding the first year of collective bargaining agreements for the Police Officers IBPO Local 353 AFL-CIO and (DPW) Public Employee Local 39 Unions. Article 4 is a request to appropriate $35,000 from sale of cemetery lots for care, improvement and embellishment of the cemeteries. Article 5 is the Solect Energy Development power purchase agreement for the rooftop installations at the Middle/High School and DPW. Article 6 was suggested by legal counsel assuming there is a PILOT agreement with Solect. Ms. Lafleur will speak to Attorney Joel Bard about this further. Article 7 is the power purchase agreement with Borrego Solar Systems for the purchase of energy and net metering credits. Discussion about power purchase agreements and returning to town meeting for approval ensued. It was decided to clarify at the special town meeting that the Board has the authority to enter into these power purchase agreements. Article 8 corrects incorrect lettering of section 4.175(d) Village Center District to (c) of the zoning bylaw due to a previous typographical error. Article 9 amends zoning bylaw, Section 8.4 by deleting two typographical errors and inserting the correct words. Article 10 deletes section 4.12 Whalom Overlay District from the zoning bylaw. Article 11 amends zoning bylaw section 3.1 by deleting the word "fifteen" and inserting the word "fourteen," deleting section 3.11, Whalom Overlay District, and relettering the items that followed after Whalom Overlay District. Article 12 amends zoning bylaw 3.2.1 by deleting references to Whalom Overlay District and deleting "May 2, 2015" and inserting "August 8, 2016." ===PAGE 2=== Article 13 removes the words "Whalom District Overlay" in the table of contents and replaces with the word "Repealed" Article 14 removes the Whalom Overlay District from the official zoning map. Article 15 establishes a boundary line agreement with 64 Chestnut Street property owner Elaine Mroz and the Town's Marshall Park. Article 16 appropriates $58,000 for the local contribution towards the Agricultural Preservation Restriction for Lanni Orchards at 292 Chase Road. Ms. Lafleur stated this funding is coming from the 2016 budget. Minutes of July 5, 2016 were approved. The Board signed a payroll warrant in the amount of $557.810.55; an accounts payable warrant for $477,579.54 and an accounts payable warrant in the amount of $298,048.21. The Board signed a new Form 43 for reconsideration of the transfer of The Bootlegger restaurant all alcohol license to be sent to the Alcohol Beverages Control Commission. The discussion turned to hiring a new Town Manager due to Ms. Lafleur's resignation effective September 5th A Town Manager Search Committee, according to the Charter, shall consist of one member of the Board of Selectmen, one member of the Planning Board, one member of the School Committee, 1 member of the Finance Committee, and the Town Moderator, who shall serve as the Chair and call all meetings of the committee. The committee provides a list to the Board of Selectmen who would appoint to the position. Discussion of the process, desired abilities of a town manager and option of an interim town manager ensued. It was decided to hire an interim manager and begin the hiring process simultaneously. The Board moved on to desired qualities of a new Town Manager. Some of the qualities were: Familiarity with personnel evaluations.. Toale stated someone who could work on • Building a good Personnel Committee • Good communication with elected Boards • Familiarity with marketing the town Mr. Ebersole stated volunteers should be trained on what it means to be a good committee member. Mr. Toale stated he wanted to work more with Board and Committee Chairs. Mr. Ebersole asked Ms. Lafleur what she thought the Board should work on. Ms. Lafleur stated the biggest issue right now is vacancies on boards and committees and the turnover of members. It is time consuming to advertise and go through that process. In addition there are boards and committees that have work under the bylaws, such as the Parks Commission and Personnel Committee that is not getting done. The Personnel Committee (or lack of one) is causing upset with non-union employees right now. One of the charges under this Board is to keep those boards and committees filled. People don't seem to be interested in volunteering. Minutes from committees/boards were another concern. Suggestion was made to put a training video on YouTube. Discussion ensued on how to get people on committees, train them and keep them on them. The Board decided reviewing legal counsel services should be one of their goals. Mr. Toale will work with Ms. Lafleur to follow up on unfinished business. Motion: P. Bertram To appoint Jamie Toale to the Town Manager Screening Committee 2nd.T. Alonzo Vote: All in Favor Motion: P. Bertram To adjourn the meeting at 9:20 p.m. 2"°: P. Luck Vote: All in Favor ===PAGE 3=== Respectfully submitted Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2016-07-19-minutes-4975.txt BOARD : select-board DATE : 2016-07-19 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2016-07-19-minutes-4975.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07192016-4975 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN Minutes Joseph F. Bilotta Meeting Room, Town Hall July 19, 2016 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; Phyllis Luck, Member and Town Manager Kerry Lafleur. Members not present: Tom Alonzo and Paula Bertram The meeting opened at 7:00 p.m. with the Pledge of Allegiance. PUBLIC COMMENT: Phyllis Luck thanked the Turkey Hill Lions Club for providing refreshments at the band concert on Monday night. Mr. Toale announced Ms. Lafleur has submittted her resignation and will be leaving for another position in early September. It will be a tremendous loss for the Town but hopefully a great opportunity for her. He wanted to thank her for her services to Lunenburg, noting the Town has come a long way due to her presence. Applause resounded from those attending the meeting Pete and Deb Lincoln announced a 50"h "birthday party" of the Historical Society on July 318 from 4:00 - 6:00 p.m. There will be a display of antique automobiles, music, a barbeque, tours of the building, a slide presentation and a display of items placed in a time capsule from 1966. Resident Elaine Mroz requested the Board not change the date of the Special Town Meeting from August 8th to August 22"d due to possible financial harm to her regarding the sale of her Chestnut Street property. Mr. Toale responded the Town did agree to bring the property boundary article to Special Town Meeting. However, last week they found out Town Moderator Murphy is not available on the ft* and even if they could change the date back they would not be able to meet legal posting deadlines. APPOINTMENTS 7:00 PM Joint appointment to Parks Commission with Parks Commissioners Park Commissioner Chairman Dennis Mannone opened the Parks Commission's meeting. Commissioner Karin Menard was also present. Pete McCauliff presented to request to be appointed as Park Commissioner until the next election. Mr. McCauliff, 610 West Street, Athletic Director at the Lunenburg Schools, stated he has worked with the DPW and Parks Commission over the past eleven years. Numerous times there has been a lack of members and there are a lot of issues going on now such as general maintenance, setting of user fees, field scheduling etc. He wanted to be able to help by adding experience to the Board. Mr. Ebersole noted Mr. McCauliff did contact the State Ethics Commission recently and they advised him there was no conflict but he will need to file a financial disclosure statement with the School Superintendent. Ms. Luck asked when he would recuse himself. Mr. McCauliff stated most Parks Commission situations are not time sensitive so he would be able to step back to ask for advice concerning any possible conflict. Ms. Luck asked if he had any ideas on how to reduce and plan for ongoing maintenance costs for the turf field and other expenses. Mr. McCauliff stated the plan going forward would be for user fees to pay for those expenses. It was also noted the cell tower lease annual payments would go towards the borrowing for the new turf field. Mr. Mannone stated Mr. McCauliff would be a great addition to the commission. Ms. Menard agreed with him. Motion: K. Menard 2". R. Ebersole To appoint Pete McCauliff to the vacant Parks Commission slot Mr. Toale asked Mr. McCauliff if he would be interested in running for election in 2017. Mr. McCauliff stated he would as long as there were not too many instances of him having to recuse himself. ===PAGE 2=== Vote: Mr. Ebersole-aye, Ms. Luck-aye, Mr. Mannone-aye, Ms. Menard- aye, Mr. Toale-aye Resignation from Sewer Commission Sewer Commissioner Sue Bunish submitted her resignation effective immediately with regret to focus on her family's health and well-being stating she was fortunate to have had the opportunity to work with a committed, ambitous and knowledgable group. Mr. Toale thanked her for her service to the Town. Sewer Commission Chairman Carl Luck wanted to thank Ms. Bunish for her service and he wished her the best. Joint Appointment to Sewer Commission with Sewer Commissioners Mr. Luck called the meeting of the Sewer Commissioners to order. Joan Pease, 11 Wintergreen Court, presented to request to be appointed to the Sewer Commission. Ms. Pease has lived in Lunenburg for six years. She is a retired chemistry teacher. Ms. Pease stated as part of her curriculum she would take her students to waste water plants to study the process. She thought she would have something to offer to this board. Mr. Luck stated he would be delighted to have Joan's skills on the commission. When asked if she would run for election next year, she stated to best of her knowledge she would. Motion: C. Luck 2nd: R. Ebersole To appoint Joan Pease to the Sewer Commission until the next election Dave Rodgers, 82 Highland Street, asked if Ms. Luck should recuse herself from the vote as she is married to the Chairman of the Sewer Commission. Attorney Mark Reich of KP Law (Town Counsel) stated conflict of interests address financial interest. He was not aware of any financial interest or gain for the Lucks in this appointment. Mr. Toale asked members of both Boards if they felt there was any financial interest in this appointment. There was none. Mr. Rodgers cited previous occasions where other board members have recused themselves from appointments. Mr. Ebersole noted in those cases, the Board members were related to the person who was being appointed. Tonight's candidate is not related to anyone on the board. Vote: Mr. Luck-aye, Mr. Reynolds-aye, Mr. Anderson- aye, Ms. Luck-aye, Mr. Ebersole-aye, Mr. toale- aye Conservation Commission Appointment Bob Pease, 11 Wintergreen Ct., presented to request to be appointed to the Conservation Commission. Mr. Pease stated he was a retired educator with time and interest in volunteering for public service. He has a strong background and interest in environmental science. Mr. Pease served on the Planning and Zoning Commission in Hebron, Ct. for four years. He has been attending Conservation Commission meetings since March due to his interest in supporting the development of trails and bridges on the Lane Property that will provide meaningful public access to the town forest. Mr. Toale recommended Mr. Pease being a resident of The Woodlands, to consider recusing himself from any future votes concerning property values for Hickory Hills. Motion: R. Ebersole 2": P. Luck To appoint Bob Pease to the Conservation Commission with a term to expire June 30, 2019 Vote: All in Favor CURRENT BUSINESS Ratify vote to change the date for Special Town Meeting to August 22, 2016 Mr: Toale reported that Ms. Lafleur was informed that Town Moderator Murphy cannot make the August 8 Special Town Meeting and therefore it was rescheduled to August 22'd. Since the Board meeting was not televised last week, it was decided to ratity the vote at this meeting. The Board addressed the warrant article concerning the boundary line for the Mroz property first. Ms. Lafleur reported the Town, in an attempt to resolve a discrepancy between the two property boundaries (Marshall Park and Ms. Mroz's Chestnut Street property), hired an engineer/surveyor to research the Town's deed to Marshall Park. This occurred because trees had allegedly been cut on Ms. Mroz's property by the DPW. During the survey work the engineer found a discrepancy between the town property boundary and Ms. Mroz's property boundary. Both deeds included the eighty foot strip where the trees were cut. The engineer prepared an existing conditions plan subsequently. In order to resolve the discrepancy, Town Counsel recommended creating a boundary agreement that identified an existing stone wall as the property boundary. The boundary agreement requires town meeting for approval. The Board agreed to place it on the next town meeting agenda. ===PAGE 3=== Ms. Lafleur found out very late last Tuesday that the Town Moderator was not available on August 8" • August was the first date that he could be available. Town Meeting is the Moderator's meeting; he is an elected official and wanted to be present at town meeting. The Board was notitled shortly alterwards. The change oi the date of town meeting was not on the July 12th agenda. The Open Meeting Law requires that we include items that we reasonably anticipate for the meeting. It was discussed at the meeting and the Board agreed to move the special town meeting to the 22id . The next day it was questioned and Town Counsel advised us that if something ever comes up on an agenda that is not reasonably anticipated, it should be placed on the next agenda for ratification. This is why it is on tonight's agenda. Ms. Lafleur did speak with Town Counsel and further title research is needed. The attorney will be expediting this in time for the town meeting. We need to have the existing conditions plan modified by the engineer. Town Counsel did contact Ms. Mroz's attorney today. A timetable was set for everything to happen. Ms. Mroz requested a timetable of everything that is needed. She added she found out a temporary Town Moderator could be appointed in Mr. Murphy's absence. Ms. Mroz stated if this had been one of you, would you have made the same decision? She asked the board to consider August 15" as an alternative date. Mr. Toale noted that there are sixteen articles on the warrant and they are not just meeting for that article. Motion: R. Ebersole 2": P. Luck To ratify the vote to change the Town Meeting date to August 22'd Vote: All in Favor Ms. Mroz requested to know who is going to be working on what exactly is going to happen between the August 22nd vote and what needs to happen afterwards. Ms. Lafleur reported Town Counsel came up with a timetable with Ms. Mroz's attorney. Anita Scheipers, 63 Chestnut Street, stated she was concerned that the vote that was just taken provided no opportunity for discussion or public input because if it had, she would have raised her hand and asked the Board if there was an earlier alternative date to schedule the Town Meeting to meet the needs of Ms. Mroz. She asked the Board to reconsider the vote that they just took. Mr. Toale stated if he had seen Ms. Scheipers' hand he would have acknowledged her. He added Ms. Mroz did speak before we had the vote to ratify. He asked the Board members and if they wanted to revote. They did not. Verizon Cell Tower Lease Ms. Lafleur reported this was a lease agreement with Verizon Wireless for the installation of a cell tower adjacent to the existing track and field at the Lunenburg Public Schools. This will replace an existing lighting tower. This project requires a special permit and that process is ongoing. Attorney Mark Reich of KP Law was present to walk through the provisions of the agreement with the Board. This initial lease term will be for ten years and may be renewed for three additional five-year terms. The lease payment to the Town is $30,000 annually and increases by 3% on each anniversary of the commencement date throughout the first ten years. Motion: R. Ebersole 2"d: P. Luck To approve the lease agreement between Celleo Partnership d/b/a Verizon Wireless and the Town of Lunenburg as presented Vote: All in Favor The Board thanked Attorney Reich. Update on Replication Plan- 225 Pleasant Street Land Use Director Adam Burney reported on the Town's 225 Pleasant Street property. The alleged violator (Daniel Gardner) has not responded to the Town regarding their request for a remediation plan to correct the violation. At its July 6" meeting the Conservation Commission denied both of Mr. Gardner's requests for Notices of Intent on his Pleasant Street and Electric Avenue properties. They have begun fining him for both properties for working within the wetland buffer zone without a permit. He did request an additional 60 days for the Town's Enforcement Order. They did grant a 45 day extension for submission of a remediation plan. He submitted a memo to the Town Manager on the 18* advising to retain the services of an engineer to establish the current conditions on site and supervise the earth removal and final grading of the slope; to work with Kinder Morgan to gain access to the site through their easement; to work with Public Works to have the earth removed and stabilize the slope using town equipment and staff and work with the Conservation Commission to ===PAGE 4=== verify that corrective action meets the required standards in order to discharge the Enforcement Order. He also recommended pursuing restitution from the alleged violator upon the completion of the work. Notice of Commonwealth's Proposed Acquisition of Agricultural Preservation Restriction (APR) on property located in Lunenburg, Lanni Orchards, 294 Chase Road- Project ID #16A01(cont.) Ms. Lafleur reported the Conservation Commission, Planning Board and Agricultural Commission were requested to provide feedback on the proposed purchase of the APR on Lanni Orchards. As of tonight, the Planning Board and Conservation Commission support the town's participation in the APR. Agricultural Commission is meeting this Thursday and Ms. Lafleur will update this Board at their next meeting. Amendment to Intermunicipal Agreement for Devens Regional Household Hazardous Collection Ms. Lafleur reported this is a request for the Board to approve a fourth amendment to the intermunicipal agreement to admit the Town of Clinton as a participating community. Motion: R. Ebersole 2": P. Luck To approve and execute the fourth amendment to the intermunicipal agreement regarding the Devens Regional Household Hazardous Products Collection Program adding the Town of Clinton Vote: All in Favor Special Town Meeting Warrant signatures Ms. Lafleur presented the warrant for the August 22, 2016 Special Town Meeting for signatures in order to post and mail the warrant. Ms. Mroz asked what number the article addressing the property boundary was in the warrant. Mr. Toale stated it is Article 15. Mr. Ebersole explained the request to take an article out of order can be done at the Town Meeting. He offered to make the motion at town meeting. Ms. Mroz stated that she appreciated that. Minutes of July 12, 2016 were approved. An accounts payable warrant in the amount of $130,099.32 and another in the amount of $321,330.07 were signed. There were no action file issues. Committee Reports Ms. Luck reported the School Committee met for discussion of the Superintendent's goals for FY 2017. The Storm Water Task Force did not have a quorum for its July 18" meeting. They meet again on August 1st The Zoning Board of Appeals met on July 13 for a special permit application to vary the open space dimensional requirement for a cluster subdivision at 961 Northfield Road. The petition was denied Mr. Toale reported the deadline for the Invitation to Bid on Market Analysis of four town buildings closed yesterday. We did receive four responses. Building Reuse Committee will review these on August 15''h Town Manager Report Ms. Lafleur reported that Accountant Karen Brochu was still working on wrapping up fiscal year 2016 and would report at their next meeting on August 2nd Ms. Lafleur reported paving began on Pratt Street and Rennie Street today following sewer line installation. Mr. Toale stated the next Board meeting is on August 2a. • The Volunteer Appreciation BBQ will be on July 26" at the Eagle House Senior Center. Public Comment: Dave Rodgers, 82 Highland Street, stated he did not understand how it becomes the problem of the town for something an individual did on their property, referring to the Pleasant Street enforcement order. Mr. Ebersole explained this was damage done to town property by another person. Secondly, Mr. Rodgers stated how concerned and upset he was about the situation on Chestnut Street with the Mroz property. Motion: R. Ebersole To adjourn the meeting at 8:22 p.m. 2": P. Luck Vote: All in Favor ===PAGE 5=== Respectfully submitted, Elainem Peterson Elaine M. Peterson Executive Assistant to the Town Manager ......... ======================================================================================== DOCUMENT : 2016-08-02-agenda-5018.txt BOARD : select-board DATE : 2016-08-02 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2016-08-02-agenda-5018.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08022016-5018 ======================================================================================== ===PAGE 1=== Select Board Meeting- Executive Session1. ======================================================================================== DOCUMENT : 2016-08-02-minutes-4976.txt BOARD : select-board DATE : 2016-08-02 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2016-08-02-minutes-4976.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08022016-4976 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== RECEIVED & FILED grief lies AUG 2 4 2016 BOARD OF SELECTMEN LUCLERK OFFICI: Joseph F. Bilotta Meeting Room, Town Hall CLERK OFFICE August 2, 2016 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; Tom 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. Mr. Toale announced the last day and hour to register for the Monday, August 22, 2016 Special Town Meeting is Thursday, August 11ih at 8:00 p.m. Special Town Meeting will be held at the new Lunenburg Middle/High School auditorium at 1079 Massachusetts Avenue. Register to vote at the Town Clerk's office Monday and Wednesday from 8 a.m. to 4:00 p.m. and Tuesday and Thursday from 8 a.m. to 1 p.m. and 3 p.m. to 6 p.m. On Thursday, August 11"' they will be open until 8 p.m. For more information call 978-582-4130. PUBLIC COMMENT: Mr. Ebersole reported the Lunenburg Historical Society held their 50™ anniversary celebration of their building at 10 School Street on July 31t. . There was a great turnout. Mr. Alonzo announced the Boys and Girls Club are holding their Annual 'Are We There Yet 5K Color Run ' on Sunday, August 28th at 10:00 a.m. Registration opens at 9:00 a.m. or you can preregister on their website at http://bgcluboflunenburg.org It will begin and end at the club on 15 Memorial Drive. Ms. Luck thanked the Lake Shirley Improvement Corporation for performing a water treatment on Lake Shirley to reduce the algae. The Lions Club pancake breakfast is next Wednesday, August 10" at Eagle House Senior Center from 8 - 11 a.m. Pole Petition Hearing for Summer Street (2 Jointly Owned Pole Relocations) Mr. Toale opened the hearing. In conformity with the requirements of Section 22 of Chapter 166 of the General Laws (Ter. Ed.), you are hereby notified that a public hearing will be held at the Town Hall, 17 Main Street, 2n° Floor, in the Joseph F. Bilotta Meeting Room, Lunenburg, MA, on Tuesday, August 2, 2016 at 7:00 P.M. upon petition of Verizon New England Inc. and Unitil Fitchburg Gas & Electric for permission to erect or construct, and a location for, a line of wires, poles and such other fixtures as may be necessary to sustain or protect the wires of the line, for the transmission of electricity, upon, along, across, or under the following public ways of said Town: LOCATIONS SUMMER STREET SUMMER STREET: Relocate one (1) jointly owned pole numbered T.78/E.26 to a point on the northerly side of Summer Street approximately seven hundred and seventy-eight (778) feet easterly from the center line on Whalom Road. SUMMER STREET: Relocate one (1) jointly owned pole numbered T.85/E.36 to a point on the northerly side of Summer Street approximately forty-six (46) feet westerly from the center line of Graham Street. Bill Wallace of Verizon was present for the petition. He stated these poles are to be moved on Summer Street in accordance with the Mass DOT street construction project and they wanted to move the poles ahead of the road construction. Ms. Bertram asked if Mr. Wallace has seen the engineer's plans and if they were in accordance with that plan. Mr. Wallace stated they were. Mr. Alonzo asked if any driveways would be affected by these poles being moved. Mr. Wallace stated in the case of pole #85 it is on the corner and no driveway is impacted. ===PAGE 2=== The other pole is currently on the corner of a driveway and will be moved away from the driveway. Mr. Toale asked for any public comment concerning this hearing. There was none. He closed the hearing. Motion: B. Ebersole 2nd. T. Alonzo To approve the pole petition for the two poles on Summer Street as presented Vote: All in Favor APPOINTMENTS (by Town Manager) Police Chief Marino stated he was here regarding the appointment of Kayla M. Leger to Reserve Police Officer. He highly recommended her for this appointment. Motion: B. Ebersole 2"d: P. Bertram To ratity the appointment of Kayla Leger to reserve police officer Vote: All in Favor The next appointment was Matthew Marro to the position of Conservation Administrator. Ms. Lafleur reported after the retirement of the person in the administrative position in Conservation, there was a process to evaluate whether to combine that position with the contracted agent to create a full-time position and provide better coverage. All applications were screened by the Land Use Director and Ms. Lafleur. Four out of twenty-five applicants were interviewed. Two were interviewed a second time and Mr. Marro was selected as the best candidate. Motion: B. Ebersole To ratify the appointment of Matthew Marro as Conservation Administrator 2^d: P. Bertram Vote: All in Favor CURRENT BUSINESS 1. One Day Alcohol License Application- Turkey Hill Lion's Club for Stillman Farm, 991 Lancaster Avenue Lisa Normandin, 33 Cliffview Terrace and Marilyn Talley, 172 Peninsula Drive, announced the 2ªd Annual Stillman Farm fundraiser scheduled on September 10th • The monies earned this year will go to the 4H Club and the Lions Club. Motion: P. Bertram To approve the one day license for the Turkey Hill Lion's Club fundraiser for September 10" Mr. Toale covered some conditions recommended by Executive Assistant Peterson; a list of all alcohol vendors participating in the event, TIPS certification for alcohol vendor servers be provided, a roped area near the tent restricting where alcohol may be consumed, a police detail and the license must be displayed on the premises. Ms. Normandin stated these were all doable. Vote: All in Favor Ms. Talley and Ms. Normandin thanked the Board. 2. Discussion of General Support of an IMA between the Lunenburg Water District and Lancaster. Mark Bursch, Water Commission Chairman and Superintendent Fran McNamara presented. Mr. McNamara stated surprisingly water levels are fairly decent considering the drought. The big issue is daily demand. The average day usage in July was 800,000 gallons per day and their permit is for 540,000 gallons per day. His concern this year is going over that amount and having DEP place more restrictions on the district. Overall the water supply is good. Mr. Bursch stated they have been approached by the Town of Lancaster and would like to go back to the table to negotiate an Intermunicipal Agreement for water supply. The commission feels this would be a positive endeavor to be involved in. He was here to feel out the Board's view on the situation. Ms. Bertram stated she still supported the concept but was concerned about the amount of water that would be sold to Lancaster because we need to make sure that Lunenburg would be able to meet its own water supply demands. She inquired about the Mass Works Infrastructure grant program that Lancaster Town Administrator Ryan McNutt asked this Board to sign a letter of support. Mr. Bursch stated a portion of the funds to construct the infrastructure in Lancaster would be funded by grant money. He stated Mr. McNutt had asked for a letter of support from the Water Commissioners as well. They have not reviewed it yet. Mr. Alonzo echoed Ms. Bertram's statement asking what would be the ramifications if more water is used than agreed upon in the IMA. He stated there needs to be safeguards addressing this. ===PAGE 3=== Mr. Ebersole stated he remains opposed to selling water outside of Lunenburg but supported comments made regarding the IMA terms. Ms. Luck asked if the Water Commission anticipated costs for Lunenburg residents to decrease due to selling water to Lancaster. Mr. McNamara stated he did not. Mr. Toale stated he was in favor of this as long as they protect the town. Ms. Bertram asked if they were looking for a vote or just comments. Mr. Bursch stated both. Mr. Toale stated he would like to see the details of the IMA first. Motion: P. Bertram 2ºd: T. Alonzo To support the negotiation of the Intermunicipal Agreement of the Lunenburg Water District with Lancaster Vote: 4 in favor, 1 opposed (Ebersole) The Board wanted to know more about the grant before writing a letter of support. Mr. Bursch stated the Water Commissioners were meeting next week and they will get back to the Board afterwards. 3. Process to Select the Interim Town Manager Mr. Toale reported the advertisement for the Interim Town Manager was placed on the Massachusetts Municipal Association website. The deadline to apply is August 4* ". He has received six applications to date. Discussion on the process ensued. A subcommittee was recommended to present finalists to the Board. Motion: R. Ebersole 2': P. Luck To appoint Mr. Toale, Ms. Bertram and Mr. Alonzo to the Interim Town Manager search subcommittee Vote: All in Favor 4. Storm Water Task Force Scope of Services Request (continued) Land Use Director Adam Burney presented a list of tasks for an outside contractor to complete in order to submit the Notice of Intent (NOI) to the Environmental Protection Agency (EPA) under the National Pollutant Discharge Elimination System (NDES) MA Small MS4 General Permit. The NOI is due before or on October 1, 2017. The town is aiming for August 17, 2017 in case of needed amendments. $12,000 - $20,000 is the targeted fee for this service which would come from the FY 2017 operating budget. Motion: R. Ebersole 2°°: T. Alonzo To approve the proposed Storm Water Task Force scope of services Vote: All in Favor 5. Minutes/Warrants/Action File Issues Minutes of July 19, 2016 were approved. The FY 2017 15 Quarter Water Commitment in the amount of $6693.54 was presented for signatures. The following warrants were presented for signatures: Accounts Payable $183,716.08; School Construction $2,802,934.90; Payroll $549,700.94 and Payroll Deductions $127,183.97. five copies of the August 22, 2017 Special Town Meeting Warrant were signed. Ms. Bertram asked what the status was of the Lake Shirley Dam inspection. Ms. Lafleur will provide an update at the next meeting. Mr. Toale asked about scheduling a workshop meeting with other town boards and committees on August 16th. The other members were agreeable to this. Ms. Bertram asked about the Green Community Task Force becoming a committee. Ms. Lafleur reported she has asked the task force to come up with an updated charge for their committee. Committee Reports: Ms. Luck reported the School Committee meets August 10** to conduct a goals workshop. The Storm Water Task Force met on August 1s!. They discussed the Central MA Regional Stormwater Coalition meeting that Ms. Luck attended on July 25"h . The coalition voted to spend $20,000 to support the MA Watershed Coalition for Resources Stewardship's possible appeal of the EPA's MS4 General Permit for stormwater due to some vagueness in the language that could financially overburden cities and towns. Mr. Burney will publicize the Request for Bids for the scope of services on behalf of the Storm Water Task Force. Task force member Sarah Cammer attended a work-related professional development workshop and there were GIS items that could help the town comply with the MS4 permit. The task force is now looking at other possible resources to help them. Ms. Bertram recommended Ms. Luck contact Regional Planner Brian Doherty at MRC regarding development of a storm water tracking application. They are looking for input from communities. ===PAGE 4=== Mr. Alonzo reported School Building Committee meets August 10t ' Finance Committee Appointing Committee appointed Hannah Anderson to the Finance Committee and another person has come forward to request to be appointed. Cable Advisory Committee meets on August 29" Mr. Toale reported Building Reuse Committee is meeting August 15" to review responses to bid requests for the market analysis. They have received three proposals. There will also be an additional presentation on the town center use. The permanent Town Manager Search Committee meets on August 18"" Town Manager Report: Ms. Latleur reported she and Police Chief Marino are meeting with representatives from the City of Fitchburg to discuss consolidating the animal control officer position. At the August 23rd meeting, Ms. Lafleur will be bringing forward a contract for the Lunenburg municipal aggregation program with Colonial. Current rates go through October. She has been working with the Parks Commission on the replacement of the artificial turf field and the track. They are working with Warner Larson Landscape Architects to put together the technical specifications. The Parks Commission is planning to accepting bids for that project by the end of the month. The field should be ready for use by the end of October. The Lunenburg Youth Soccer Association has expressed an interest in using grass fields rather than turf. They will enter into an agreement with the Lunenburg Public Schools to do so for a fee. The school is willing to increase its fee for turf field use to offset the anticipated income to pay for the turf field on a one for one basis. FY '2016 4** Quarter Financial Report Ms. Lafleur reported fiscal year 2016 is finally closed out. There was a total of $331,676.92 of unexpended appropriation balances and revenue exceeded projections by $643,840.66, leaving a balance of $975,517.58. That is the beginning point for free cash calculation. There are a number of encumbrances to be placed against that fund balance. Some of that is returning property taxes that were overpaid. Local receipts collected were $513,086.89 more (118.55%) than the FY15 local receipt estimate. Taxes received were $300,404.51 (98.72%) less than the current year although the town received $400,567.78 in prior tax lien revenue. The town received $30,427(100.42%) more than our state aid estimate. The town also received a zoning incentive payment of $96,000 for the Tri-Town project. This will be placed in the zoning stabilization account. The town received $47,702 more than the estimate of $166,960 for the Smart Growth School reimbursement (40S). The town expended/encumbered 99.02% of budgeted expenditures leaving the $331,676.92 balance. Ms. Lafleur pointed out the expenditure details in the financial report. She noted this was a good fiscal year. The Town was able to cover the cost of the Town's share ($58,000) of the Agricultural Preservation Restriction for Lanni Orchards, $196,500 for the Summer Street design and $10,000 for architectural services for the track and field project. Mr. Alonzo requested Ms. Lafleur form a narrative on using this information on assembling next year's budget for her successor. Ms. Lafleur stated she could do that. Mr. Toale stated their next meeting is August 9". The August 16" meeting will be a workshop with town committees and boards. Special Town meeting is August 22"° and the Board will meet on the 23™d There was no public comment. Mr. Toale announced the Board would be entering Executive Session according to M.G.L. C. 30a, §21; To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares. (AFSCME, IBPO Local 353 APL-CIO and Public Employees Local 39 Contracts) Motion: R. Ebersole 2^°: T. Alonzo To enter into Executive Session for the stated reason Ms. Bertram stated she would be recusing herself on the discussion regarding AFSCME and requested that it be at the end of the Executive Session. Vote: Ms. Luck-aye, Ms. Bertram- yes, Mr. Alonzo-aye, Mr. Ebersole-aye, Mr. Toale-aye ***************************Executive Session Minutes are Separate**************************** ===PAGE 5=== The open meeting adjourned at 8:43 p.m. Respectfully submitted, Elauch Peterson Elaine M. Peterson Executive Assistant to the Town Manager RECEIVED & FILED AUG 2 4 2016 LUNENBURG TOWN CLERK OFFICE ... ======================================================================================== DOCUMENT : 2016-08-02-minutes-5018.txt BOARD : select-board DATE : 2016-08-02 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2016-08-02-minutes-5018.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08022016-5018 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN Executive Session Minutes Joseph F. Bilotta Meeting Room, Town Hall August 2, 2016 Board of Selectmen: Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Tom Alonzo, Clerk; Phyllis Luck, Member; Paula Bertram, Member Others in attendance: Kerry Lafleur, Town Manager The meeting commenced at 8:44 p.m. Ms. Lafleur reviewed proposed changes to the DPW union contract for fiscal years '16 - 18 concerning management rights; bulletining and filling positions; the probation period being extended to twelve months; just cause reasons for dismissal; conditions of employment; unused sick leave; changes to the Christmas holiday; a 1.5% wage increase each year; clothing allowance increase and housekeeping changes to the contract. The financial impact for the fiscal year 2016 COLA is estimated at $6,082.13. The first year of the contract has to be authorized at town meeting. The COLA cost for fiscal year 2017 is $15,314.27. Motion:R. Ebersole 2nd: T. Alonzo To ratify the DPW contract as presented subject to the union approval Vote: Ms. Luck-aye, Ms. Bertram-aye, Mr. Alonzo-aye, Mr. Ebersole-aye, Mr. Toale-aye Ms. Lafleur updated the Board on the negotiations concerning the International Brotherhood of Police Officers (IBPO) Local 353, AFL-CIO contract. She presented research on base salary pay/steps in similar communities as well as the cost to the town for various scenarios. She requested feedback from the Board. Discussion ensued. Ms. Bertram exited the meeting before the discussion of the American Federation of State, County and Municipal Employee (AFSCME) contract negotiations. Ms. Lafleur reported AFSCME has a provision in their contract for buying back sick leave. The current liability for sick leave buyback on the books is around $95,000. Most of the sick leave buyback involved is with this union. The buyback provision states that the town can buy back up to 20% of the liability for each benefit level. The employee can request that the town buy back an additional amount. $55,000 has been reserved for buy back subject to Board approval. There are employees that are eligible for 40% to 100% based on their years of services. Ms. Lafleur has identified what their current balance is and what their maximum buy out is because some have accrued more sick leave time than their maximum buy back. This can still be used as sick leave. The town would be buying their time at their current rate to lessen the town's liability. Ms. Lafleur wants to double check with labor counsel on the provision. Motion:T.Alonzo To adjourn from Executive Session 2nd: R. Ebersole Vote: Mr. Ebersole-aye, Ms. Luck-aye, Mr. Toale-aye, Mr. Alonzo-aye The meeting adjourned at 10:35 P.M. Respectfully submitted, Elainch Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2016-08-09-agenda-5019.txt BOARD : select-board DATE : 2016-08-09 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2016-08-09-agenda-5019.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08092016-5019 ======================================================================================== ===PAGE 1=== Select Board Meeting- Executive Session1.