# select-board — 6 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 : 2016-11-22-minutes-4996.txt BOARD : select-board DATE : 2016-11-22 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2016-11-22-minutes-4996.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11222016-4996 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== SAMIR AIR BOARD OF SELECTMEN MINUTES Joseph F. Bilotta Meeting Room, Town Hall November 22, 2016 The Board of Selectmen met in the Lunenburg Town Hall, Joseph F. Bilotta Meeting Room, as scheduled with Jamie Toale, Chairman; Robert Ebersole, Paula Bertram, Member and Phyllis Luck, Member Not present: Tom Alonzo, Clerk The meeting opened at 6:30 p.m. Mr. Toale announced the Board needed to enter Executive Session to conduct strategy in preparation for contract negotiations for Town Manager. Motion: R. Ebersole 2nd: P. Bertram To enter Executive Session according to M.G.L. C. 30, 821 to conduct strategy sessions in preparation for negotiations with non-union personnel or to conduct collective bargaining sessions or contract negotiations with non-union personnel (Town Manager Contract) Vote: Ms. Bertram -aye, Mr. Ebersole-aye, Ms. Luck-aye, Mr. Toale-aye ****** ***********ExEcutive Session Minutes reSprate****************************** The meeting commenced with the Pledge of Allegiance at 7:10 p.m. PUBLIC COMMENT: Ms. Luck reported she has attended multiple workshops concerning storm water. One ongoing issue is the proper use of salt, sand and various pretreatments to reduce to cost of road maintenance. MassDOT is offering workshops on Snow and Ice Operations in the next few weeks and she intends to attend one. She distributed fliers on the workshops to the other Board members. Rhonda Lisio, 181 Reservoir Road, commented on the November 28, 2016 Special Town Meeting Warrant, Article 7 that amends Article XV of the Town's bylaw entitled' Salary Administration Plan." She noted the Personnel Committee meeting agendas going back to January 2016 do not list any reference to the action requested in the STM warrant article. She also noted the absence of Personnel Committee Minutes on the town website. Loxi Calmes, Lunenburg School Superintendent, wanted to extend on behalf of all of their students, staff and the community, heartfelt thanks for all the many blessings in their lives, living in this community and the beautiful new building that so many citizens have supported. She also wanted to inform everyone that tomorrow morning at 9:30 a.m. they will dedicating the Jane Doyle Playground at the Turkey Hill Elementary School. Also on December 1s' the tree lighting at the gazebo will be taking place. Refreshments are being sold by the Cub Scouts. APPOINTMENTS Salvation Army Tollbooth Fundraiser Request Dave MacDonald, 155 Island Road, presented to request to hold a tollbooth fundraiser on December 10 from 9:00 a.m. to 3:00 p.m. at the center of town for the Salvation Army. Money collected stays in the local community abd goes to food banks, the Angel Tree Program and families in need. He introduced Annette who is an envoy for the Salvation Army. She reported today they delivered 250 Thanksgiving baskets and turkeys to people in Fitchburg, Leominster and Lunenburg. She stated they appreciate all the support from all the communities and hope to continue serving. ===PAGE 2=== Motion: P. Bertram 2": P. Luck To approve the Salvation Army toll booth fundraiser on December 10* from 9:00 a.m. to 3:00 p.m. Vote: All in Favor Mr. MacDonald mentioned the Salvation Army has taken over the emergency disaster services from the Red Cross. We are also taking our Canteen out at night to help the homeless and shut-ins, If anyone knows of anyone in need, please contact Annette at the Salvation Army. He thanked the Board and exited the meeting. CURRENT BUSINESS 1. Change Orders for Middle/High School Project Supt. Calmes reviewed the school budget revision requests based on change orders and some line item transfers. She reported the original amount before the construction contingency changes was $4,170,774. The remaining amount after change orders is $2,982,048. There will be money remaining after the project ends. Change Order #14 includes adding cabinet unit heaters on the second floor in Area B, totaling $15,834. Also added was an outlet for a digital screen in the weight room in the amount of $888. Convectors in locker rooms were relocated due to accessibility issues ($3,680) Ploor finish changes around the control booth in the main mechanical and electrical rooms were done ($1401) and a boulder wall around the concession stand retaining wall was installed ($10,039) Totaling $31,842.00 Change Order #15 reworks the wood wall cap around the auditorium wing walls for added railing ($12,244); furnish and install alternate fin tube radiator covers around A-B and B-D connectors ($3,835); provide elevator operator for owner furniture delivery due to delays caused by the Verizon strike ($6,632) and over excavation, crushed stone import and added foundation drainage ($2021) Totaling $24,732. Change Order #16 addresses post occupancy changes; athletic field resizing ($25,619), owner requested MB and TB changes ($13,535), Stair #2 open riser infill panels ($3,574), added glass around Athletic Director's office ($2,227), casework and flag holder additions ($15,419) added wall clocks ($4,240), added signage in various locations ($5,526) Totaling $70,140.00 Change Order #17 Added a Radio Repeater System for Police Department ($34,437) and Added Auditorium Wheelchair Seating Rails ($3,632) Totaling $38,069 Change Order #18 added plantings around Oak Avenue property line ($6,415) and added roof walk-off mats ($15,366) Totaling $21,781 Change Order #20 is an Other Project Transfer Budget Revision Request in the amount of $6000. for additional commissioning of HRU units (air cooling) Change Order #21 was for additional cabinets in the amount of $1530.00 Change Order #22 was due to architect's amendment #11 for resizing the athletic field in the amount of $1794. All of these have been processed through the School Committee. Motion: R.Ebersole 21: P. Bertram To authorize the Chair to sign the change orders as presented by Supt. Calmes Ms. Luck asked Supt. Calmes if she anticipated more contingency items. Ms. Calmes stated they are about four days away from substantial completion of Phase 2, so at this point in time nothing that she is aware of. Vote: All in Favor 2. Motion Sheet for Special Town Meeting ARTICLE 1. To see if the Town will vote to raise and appropriate or transfer from available funds, all sums of money necessary to amend the amounts voted for the Town's FY 2017 Budget, under Article 15 of the May 7, 2016 Town Meeting; or take any other action relative thereto. SUGGESTED MOTION ARTICLE 1. I move the Town vote to raise and appropriate the sum of $189,139 and adjust the transfer from the Student Transportation Offset Receipt Fund from $31,623.00 to $-0- as follows: add to Line 13, Interest Temporary Loans, the sum of $1,184; add to Line 4, Liability Insurance, the sum of $8,876; add to Line 5, Workers Compensation, the sum of $2,430; add to Line 13, Reserve Fund, the sum of $120,407; add to Line 23, Town Accountant, the sum of $1,042; add to Line 61, General Highway Maintenance, the sum of $40,200; add ===PAGE 3=== to Line 64, Vehicle Maintenance - Highway, the sum of $15,000; and deduct from Line 79, School Department, the sum of $31,623; to amend the amounts voted under Article 15 of the May 7, 2016 Annual Town Meeting and Article 1 of the August 22, 2016 Special Town Meeting After reviewing Article 1 and noting a transfer into the Reserve Fund in the amount of $120,047, Ms. Bertram expressed concern about $100,000 being encumbered last year from the pavement management plan to pay for unplanned additional design for the Summer Street project. This will impact the pavement plan as it was originally presented. She asked if there was a portion that should be placed back in the pavement plan. It was suggested to get the impact of this from the DPW Director. Mr. Ebersole suggested making a recommendation at town meeting. Ms. Luck will make the motion. ARTICLE 2. To see if the Town will vote to authorize the Board of Selectmen, pursuant to M. G. L, Chapter 61B, to raise, appropriate, or transfer from available funds or borrow a sum of money in order to purchase property located at 200 Reservoir Road and known as the Estate of Vera R. Barney shown on a July 2016 plan recorded with Worcester Northern District Registry of Deeds at Plan Book 507, Plan 25, shown as five numbered lots and consisting of 20.36 acres, more or less; or take any other action relative thereto. SUGGESTED MOTION (Town is not interested in purchasing the property) Article 2. I move the Town vote to pass over Article 2. Ms. Bertram will make the motion. ARTICLE 3. To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money to fund the first year of the FY17, FY18 & FY19 Police Officers Collective Bargaining Agreement dated July 1, 2016 - June 30, 2019 with IBPO Local 353, AFL-CIO; or take any other action relative thereto. SUGGESTED MOTION ARTICLE 3. I move the Town vote to transfer from Article 15 of the May 7, 2016 Annual Town Meeting - Line 13A, Salary Reserve, the sum of $34,378; and transfer from Article 15 of the May 7, 2016 Annual Town Meeting - Line 46, Radio Watch, the sum of $13,400; and transfer to Article 15, of the May 7, 2016 Annual Town Meeting - Line 39, Police Department, the sum of $47,778; to fund the first year of the FY17, FY18 & FY19 Police Officers Collective Bargaining Agreement dated July 1, 2016 - June 30, 2019 with IBPO Local 353, AFL-CIO. Mr. Alonzo will make the motion. ARTICLE 4. To see if the Town will vote to create a special purpose stabilization fund pursuant to M.G.L. c. 44 § 5B, entitled "Town Building Stabilization Fund," for the purpose of funding the building, remodeling, purchasing, leasing or demolishing of municipal buildings. Revenues from the sale of the properties listed in Article 5 shall be placed in this account and used for this purpose; or take any other action relative thereto SUGGESTED MOTION ARTICLE 4. I move the Town vote to create a special purpose stabilization fund pursuant to M.G.L. c. 44 § 5B, entitled "Town Building Stabilization Fund," for the purpose of funding the building, remodeling, purchasing, leasing or demolishing of municipal buildings. Mr. Ebersole will make the motion. ARTICLE 5. To see if the Town will vote to identify and/or re-identify the following listed land and/or buildings situated thereon as surplus; to transfer the care, custody and control of the land and/or buildings described below from the Board or Boards having custody of said properties held for the purposes for which they are currently held to the Board of Selectmen for general municipal purposes and the purpose of conveyance, and to authorize the Board of Selectmen to convey a fee simple interest in the following parcels of town-owned land or any portion thereon, or to lease any of the properties or any portion thereof, on such terms ===PAGE 4=== and conditions as the Board of Selectmen deems to be in the best interest of the Town, and to execute any and all agreements and documents to effectuate said sale or lease of any of the properties and any portion thereof and to authorize and/or reauthorize the Board of Selectmen to sell and/or lease the parcels and/or buildings situated thereon, and/or subdivide in any manner said parcels and/or buildings situated and/or take any legal action necessary to empower the Board of Selectmen to effectuate the sale, lease, subdivision and/or transfer of said land and buildings situated thereon; and to deposit any revenues generated from the sale, lease and/or transfer into the special revenue account created in Article 4, or take any other action relative thereto. (This article requires a 2/3 majority vote.) Ritter Memorial Building; Assessors' Map 071, Lot 074 Town Hall; Assessors' Map 060, Lot 005 Primary School, Assessors' Map 071, Lot 076 Brooks House, Assessors' Map 060, Lot 055 T. C. Passios School, Assessors' Map 060, Lot 055 SUGGESTED MOTION ARTICLE 5. I move the Town vote to identify and/or re-identify the following listed land and/or buildings situated thereon as surplus; to transfer the care, custody and control of the land and/or buildings described below from the Board or Boards having custody of said properties held for the purposes for which they are currently held to the Board of Selectmen for general municipal purposes and the purpose of conveyance, and to authorize the Board of Selectmen to convey a fee simple interest in the following parcels of town-owned land or any portion thereon, or to lease any of the properties or any portion thereof, on such terms and conditions as the Board of Selectmen deems to be in the best interest of the Town, and to execute any and all agreements and documents to effectuate said sale or lease of any of the properties and any portion thereof and to authorize and/or reauthorize the Board of Selectmen to sell and/or lease the parcels and/or buildings situated thereon, and/or subdivide in any manner said parcels and/or buildings situated and/or take any legal action necessary to empower the Board of Selectmen to effectuate the sale, lease, subdivision and/or transfer of said land and buildings situated thereon; and to deposit any revenues generated from the sale, lease and/or transfer into the special revenue account created in Article 4. (This article requires a 2/3 majority vote.) Ritter Memorial Building; Assessors' Map 071, Lot 074 Town Hall; Assessors' Map 060, Lot 005 Primary School, Assessors' Map 071, Lot 076 Brooks House, Assessors' Map 060, Lot 055 T. C. Passios School, Assessors' Map 060, Lot 055 Mr. Ebersole and Ms. Bertram were opposed to the wording as presented believing it gave too much power not only to this Board but possibly future Boards. Mr. Toale stated the Building Reuse Committee met last night and they could not come up with acceptable alternative wording for the article. Discussion ensued on the wording and future impact. Mr. Toale will make the motion. ARTICLE 6. To see if the Town will vote to appropriate the sum of $35,000 from the Sale of Cemetery lots account to be used for the care, improvement and embellishment of the Cemeteries; or take any other action relative thereto. SUGGESTED MOTION ARTICLE 6. I move the Town vote to appropriate the sum of $35,000 from the Sale of Cemetery lots account to be used for the care, improvement and embellishment of the Cemeteries Ms. Luck will make the motion. ARTICLE 7. To see if the Town will vote to amend Article XV of the Town's Bylaw entitled "Salary Administration Plan" of the Town of Lunenburg as follows: the Public Access Cable Committee Coordinator position be moved from Grade 8 to Grade 10, the Grade 8 position be retitled "Public Access Cable Committee ===PAGE 5=== Assistant"; the position of "Public Access Cable Committee Manager" be added and assigned to Grade 11; that "Building Inspector" be retitled "Building Commissioner"; the Land Use Director position moved to Grade 16 and the contract positions of Fire Chief and Town Accountant/Financial Director be added to Grade 16; that the current position of Police Chief be assigned as Grade 18; or take any other action relative thereto. SUGGESTED MOTION ARTICLE 7. I move the Town vote to amend Article XV of the Town's Bylaw entitled "Salary Administration Plan" of the Town of Lunenburg as follows: the Public Access Cable Committee Coordinator position be moved from Grade 8 to Grade 10, the Grade 8 position be retitled "Public Access Cable Committee Assistant"; the position of "Public Access Cable Committee Manager" be added and assigned to Grade 11; that "Building Inspector" be retitled "Building Commissioner"; the Land Use Director position moved to Grade 16 and the contract positions of Fire Chief and Town Accountant/Financial Director be added to Grade 16; that the current position of Police Chief be assigned as Grade 18. Ms. Bertram wanted to respond to this since there was public comment about this article earlier in the evening. She asked if there was anything from PACC or the Personnel Committee concerning this. Land Use Director Burney reported he couldn't explain why Personnel Committee minutes are not posted. The reason for this article is it a result of data research from other communities. Finance Director Brochu reported there was not going to be a financial impact from this article other than the PACC Coordinator pay. Contracted personnel would not be impacted. The Board requested more information. Mr. Toale stated the Personnel Committee had lost their quorum early in the year and in the absence of the quorum the former Town Manager had suggested this action. Since the appointment of Mr. MacDonald to the Personnel Committee, they have met and ratified this. An unknown audience person asked if the position is created doesn't it have to be funded? The answer was only if it was intended to be filled. Ms. Brochu read aloud a memo to the Board of Selectmen concerning the PACC Coordinator and bringing the position in line with the same grade as other coordinators as well as the other recommendations listed above. Ms. Bertram will make the motion. ARTICLE 8. To see if the Town will vote to amend Article XV of the Town's Bylaw entitled "Salary Administration Plan" of the Town of Lunenburg as follows: to replace the Fiscal Year 2017 Salary Administration Plan salary schedule with the proposed salary schedule and use the proposed salary schedule to calculate the FY18 Salary Administration Plan salary schedule which includes the 2% COLA approved at the May 2016 Annual Town Meeting; or take any other action relative thereto. SUGGESTED MOTION ARTICLE 8. I move the Town vote to amend Article XV of the Town's Bylaw entitled "Salary Administration Plan" of the Town of Lunenburg as follows: to replace the Fiscal Year 2017 Salary Administration Plan salary schedule with the proposed salary schedule and use the proposed salary schedule to calculate the FY18 Salary Administration Plan salary schedule which includes the 2% COLA approved at the May 2016 Annual Town Meeting. Ms. Brochu stated this does not have a financial impact for fiscal year 2017. Mr. Ebersole stated going forward if there is a COLA included the grid should be presented at the same time. Mr. Alonzo will make the motion. ARTICLE 9. To see if the Town will vote to appropriate from Public, Educational and Governmental Access and Cable Related Fund Revenues, the sum of $110,142.36 to supplement the amounts voted under Article 25 of the May 7, 2016 Annual Town Meeting to fund the FY17 Public, Educational and Governmental Access Committee operating budget; or take any other action relative thereto. ===PAGE 6=== SUGGESTED MOTION ARTICLE 9. I move the Town vote to appropriate from Public, Educational and Governmental Access and Cable Related Fund Revenues, the sum of $110,142.36 to supplement the amounts voted under Article 25 of the May 7, 2016 Annual Town Meeting to fund the FY17 Public, Educational and Governmental Access Committee operating budget. Mr. Ebersole will make the motion. 3. Minutes/ Warrants/Action File Issues The Board signed Accounts Payable warrants in the amount of $2,789,918.53 and $574,060.46; a Payroll warrant in the amount of $6560.00 and a School Payroll warrant in the amount of $4677.88. Minutes of October 25 and November 1, 2016 were approved and signed. Ms. Luck requested an agenda discussion on hiring a consultant to provide stormwater guidance prior to paving roads. Ms. Bertram agreed and suggested having a workshop on paving, the Complete Streets program as well as an update on the MS4 permit. 4. Town Manager Transition Plan Mr. Toale reported the Board is negotiating a contract for a permanent Town Manager. That person has to give notice in their town and we need someone to be Acting Town Manager. He suggested Land Use Director Adam Burney. Ms. Bertram asked if the Planning Board was aware of this as it could affect their work. Mr. Burney stated no. He believed with the finite period of time involved that this is a reasonable solution and did not think there would be a significant impact on his work with them. Mr. Ebersole noted Mr. Burney is also Assistant Town Manager. Motion: R. Ebersole 2nd. P. Luck To appoint Adam Burney as Acting Town Manager until such time the current candidate accepts the contract and begins in Lunenburg Vote: All in Favor Ms. Bertram asked Ms. Brochu to assist the Board with the FY 2018 budget process during the transition period. Ms. Brochu stated they have to get the budget packages out and she will put a preliminary report together. Resignation as Wiring Inspector effective December 31, 2016- James Sharkey Mr. Toale read the resignation aloud. Motion: R. Ebersole 2^: P. Bertram To accept the resignation effective December 31, 2016 for James Sharkey Ms. Bertram suggested contacting the person Mr. Sharkey suggested as his replacement to see if there is any interest and to schedule his appointment if so. Mr. Ebersole also suggested getting input from the Building Commissioner and Land Use Director. Vote: All in Favor Committee Reports: Ms. Luck reported the School Committee discussed the contingency items discussed earlier this evening. The Storm Water Task Force met and reviewed what they are going to discuss with their consultant on December ". Mr. Ebersole reported at the Sewer Commission meeting, DPW Director Rodriquenz gave a presentation on the various mechanical impacts of the sewer system and grease traps. Mr. Toale reported Building Reuse Committee met last night. They will be available at Special Town Meeting next week. Capital Planning Committee meets on November 29# and will be joined by its newest member, Karin Menard. She was appointed by the Town Moderator per the Charter. The Board did not see the need to meet before the Special Town Meeting. PUBLIC COMMENT: Troy Daniels, 94 Main Street, came in because the Board approved the Salvation Army toll booth fundraiser. He wanted to know if there was criteria that the Board uses for these requests. He stated as a gay man he has ===PAGE 7=== issues with organizations that attack his community at large. He asked at what point do we draw the line for government sanctioned fundraising? As a resident he found this troublesome. Ms. Luck stated she did not think of the Salvation Army in that way, but of all the good they do and all the people that they help. Mr. Ebersole suggested googling a search on GLBT discrimination. Ms. Bertram stated she would do that and wasn't aware of any conflict. She stated she has seen the good work they do and will educate herself on that. Ms. Luck thanked him for bringing it to their attention. Motion: P. Bertram To adjourn the meeting at 9:00 p.m. 2"°: R. Ebersole Vote: All in Favor Respectfully submitted, Elaineh Pitisan Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2016-11-22-minutes-5008.txt BOARD : select-board DATE : 2016-11-22 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2016-11-22-minutes-5008.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11222016-5008 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Member and Phyllis Luck, Member Not present: Tom Alonzo, Clerk The meeting commenced at 6:30 p.m. Mr. Tale presented a base contract provided by Labor Attorney Mare Terry for the Town Manazateurs contract. He had met with Ms. Lemieux earlier and had an idea of what she was interested in. Mr. Toale read aloud some points Attorney Terry had made about the contract. Ms. Lemieux is interested in a $60.00 monthly cell phone allowance, at least four weeks of vacation and payment for her professional development (dues, subscriptions, meetings etc.). The Board determined a limit of $5000 annually for the professional development. Mr. Toale noted a "cooperation" clause in the contract that states she would provide information or testify as to her actions as Town Manager subsequent to her working as Town Manager and to be reimbursed per diem for expenses associated with her testimony and/or cooperation. Discussion centered on Ms. Lemieux's request to have four, preferably five weeks' vacation. Consensus was to settle for 20 days of vacation for the first year, 22 days the second year and 25 days the third year. Mr. Toale stated Ms. Lemieux preferred 180 days' notice from the Board if her contract is not renewed. The Board moved on to salary. Ms. Lemieux is seeking $120,000 annually. Discussion ensued over the amount. The Board decided to offer $118,000. Mr. Toale will send an offer letter with the above discussed details. Discussion turned to performance evaluations and incentives. It was decided to place wording in the contract to amend the base salary annually depending on performance evaluations and other criteria. Motion: R. Ebersole 2": P. Luck To exit Executive Session and go into Open Session Vote: Ms. Bertram - aye, Mr. Ebersole- aye, Ms. Luck- aye, Mr. Toale-aye The meeting adjourned at 7:10 p.m. RECEIVED & FILED Respectfully submitted, Clavie m. Petesson Elaine M. Peterson Executive Assistant to the Town Manager JUN 05 2019 LUNENBURG TOWN CLERK OFFICE ======================================================================================== DOCUMENT : 2016-12-06-minutes-4997.txt BOARD : select-board DATE : 2016-12-06 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2016-12-06-minutes-4997.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12062016-4997 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MINUTES Joseph F. Bilotta Meeting Room, Town Hall December 6, 2016 The Board of Selectmen met in the Lunenburg Town Hall, Joseph F. Bilotta Meeting Room, as scheduled with Jamie Toale, Chairman; Robert Ebersole, Paula Bertram, Member; Phyllis Luck, Member and Acting Town Manager Adam Burney Not present: Tom Alonzo, Clerk The meeting commenced at 7:00 p.m. with the Pledge of Allegiance. PUBLIC COMMENT: Ms. Luck noted how great the Christmas lights outside looked and to thank Mark Flagg and everyone else who was involved in helping them set them up. Mr. Toale announced Heather Lemieux has signed a contract with the town and will be starting as Town Manager on January 17" APPOINTMENTS Genghis Inc. Change of D/B/A from Centre Pizza and Variety to Jaxx Country Variety Alan Wernick presented to explain they wanted to change the name of the business as it was causing confusion. They did not realize they had to change it officially until they were notified. Mr. Ebersole asked if everything was the same except for the name. Mr. Wernick confirmed. Motion: P. Bertram 2"d R. Ebersole To approve the change of the doing business as from Centre Pizza and Variety to Jaxx Country Variety Vote: All in Favor Mr. Wernick thanked the Board and exited the meeting. Resignation from Building Reuse Committee Mr. Toale read the resignation of Ronald Albert effective immediately. Motion: R. Ebersole 2nd. P. Bertram To accept the resignation of Ron Albert effective immediately Vote: All in Favor Mr. Toale thanked Mr. Albert for his contribution to the committee. At this point the committee will not seek to replace him. They will probably be seeking someone when they go into their next phase. Minutes/ Warrants/Action File Issues The Board signed an Accounts Payable warrant in the amount of $269,894.96 and a revised FY'17 LA-5 Certification was signed due to a change in the excess levy amount from $961.11 to $1,240.11. Mr. Toale presented a proclamation for an Eagle Scout Ceremony on December 17" for Stephen Hoffmann for signatures. Right of First Refusal Letter for 200 Reservoir Road Motion: R. Ebersole To sign the release of option to purchase the property at 200 Reservoir Road 2"l. P. Bertram Vote: All in Favor ===PAGE 2=== Committee Reports: Ms. Luck reported the Zoning Board of Appeals granted Adam and Julie Goodwin, 172 Reservoir Road, a special permit to remain in their existing residence while building a new one on the same lot. Steven Randle petitioned to place a 60 panel solar array at 615 Leominster Road consisting of 3.75 acres of land. Signature Living LLC, 55 Chase Road, is seeking a permit for 654 Massachusetts Avenue to demolish an existing three family home and replace it with three condominium units. Steven White, 41 Mountain View Road, Leominster is seeking a permit for 70 Oak Ridge Road to demolish the existing two bedroom dwelling and replace it with a single family dwelling. The Storm Water Task Force is meeting Thursday with their consultant to review the work they will be doing for them. Ms. Luck attended a Central MA Stormwater Coalition steering committee meeting. WPI students presented a short video to engage fourth and fifth graders and other educational materials. The School Committee meets tomorrow evening and will be discussing budgets. Ms. Bertram reported Conservation Commission meets tomorrow night and the MPO meets on the 14" Mr. Toale reported Building Reuse Committee meets on the 19" to follow up on the Special Town Meeting teedback and to begin to prepare REPs. Their intent is to create a RFP process that lines up with the 2017 Annual Town Meeting. Capital Planning met this afternoon and DPW Director Rodriquenz presented DPW and Town Buildings requests. He will return again for the capital aspect of pavement management. They meet again on the 13t Request to Vote to Reinstate Alcohol License to Kabob-e-Licious, 165 Massachusetts Avenue Owner/Manager Tarrnum Williams presented to request the wine, malt and cordial alcohol license be reinstated now that she has submitted her husband's TIPS certificate. Mr. Ebersole noted this was' the one condition by which the Board suspended the current license. He added there are now outstanding sewer charges due and there is a new law that supercedes the town bylaw to allow the town to deny local licenses and permits to any taxpayer who has neglected or refused to pay local taxes. However 14 day written notice of a hearing is required to be given to to the licensee. Ms. Bertitam urged Ms. Williams to set up a payment plan with the Sewer Commission. Motion: R. Ebersole 2"d: P. Bertram That the alcohol license for Kabob-e-licious be reinstated effective December 7, 2016 Vote: All in Favor Ms. Williams thanked the Board and exited the meeting. 2017 License Renewals Mr. Toale requested Mr. Burney go through the various classes of licenses. Mr. Burney reported all requirements for licensees are complete; workers compensation, liquor liability insurance, server certifications have been updated, safety inspections for section 12 alcohol licenses and fees have been paid. Taxes have been checked as well as other municipal fees. Bonds or a bank letter of credit for Class Il auto dealers are on file. The first category was auto dealer license renewals. AUTO DEALER LICENSES $100.00 LICENSEE NAME CHAPDELAINE TRUCK CENTER, INC. COLONIAL IMPORTS WEST, INC. COLONIAL IMPORTS, INC. JOE SMALLEY AUTO SALES, INC. HENRY A. & CAROL A. BAKER COLONIAL IMPORTS INC. CUSTOM AUTO BODY & SALES, DBA CHAPDELAINE TRUCK CENTER, INC. NORTH END MAZDA NORTH END SUBARU DAEWOO NORTH BAKER'S TOWING NORTH END SUBARU CUSTOM AUTO SALES & STORAGE LICENSE TYPE CLASS I CLASS I CLASS I CLASS I CLASS II CLASS II CLASS I| ===PAGE 3=== INC JOHN V. GOGUEN MICHAEL BARTNOWSKI MASS AVE. MOTORS INC. MICHAEL & ROBERT LOVEWELL PETER M. KELLY P&S TRUCKS AND PARTS INC. BAKER ENTERPRISES CO. INC. MICHAEL R. CHAPDELAINE P&S TRUCKS AND PARTS INC. J.G. SERVICE KC SALES AND SERVICES LLC MASS AVE. MOTORS INC. R.C. MOTOR SALES PMK MOTOR SALES P&S TRUCKS AND PARTS INC. THE AUTO BARN CHAPDELAINE AUTO SALVAGE P&S TRUCKS AND PARTS INC. CLASS II CLASS II CLASS II CLASS II CLASS I| CLASS II CLASS II CLASS III CLASS III Mr. Burney read aloud the list of Class I auto dealers. Motion: P. Bertram To approve the renewal of the Class I auto dealer licenses 2nd. R. Ebersole Vote: All in Favor Mr. Burney read aloud the list of Class Il auto dealers. Motion: P. Bertram To approve the renewal of Class Il auto dealer licenses 2"': R. Ebersole Vote: All in Favor Mr. Burney read aloud the list of Class III auto dealers. Motion: P. Bertram To approve the renewal of Class III auto dealers 2nd. R. Ebersole Vote: All in Favor Mr. Burney read aloud the miscellaneous license renewals. MISCELLANEOUS LICENSES LICENSEE NAME DBA MARK S. TESTA FIRST CHOICE LIMOUSINE & TRANSPORTATION SERVICE LAKEVIEW DRIVING RANGE LICENSE TYPE BASE-GOLF DRIVING RANGE FEE $60.00 THOMAS L. CROUNSE FIRST CHOICE LIMOUSINE LLOYD'S LIMOUSINE SERVICE LIMOUSINE LICENSE $25.00 LIMOUSINE LICENSE $25.00 2nd, R. Ebersole Motion: P. Bertram To approve the Miscellaneous license renewals Mi. Ebersole recommended reviewing the limousine license approval process to include background checks on all limousine drivers, not just the company owner. Vote: All in Favor Mr. Burney moved on to the alcohol license renewals and read them aloud. ===PAGE 4=== LICENSEE NAME 449 CORPORATION AMERICAN GRAFFITI, INC. B & H CORPORATION CAROL A. & HENRY A. BAKER CENTRAL MASS GARDEN CENTER DONALD E. LYONS DONNELLY'S TAVERN, INC. ELENA'S GOURMET GROCERY, INC FIFTY MASS AVE. LLC GENGHIS, INC. HONEY FARMS INC. JANG JUN LOU INC. JK WATERFRONT INC. KABOB-E-LICIOUS, LLC KJ WATERFRONT INC. LUNENBURG ZEDAS INC. MELENDEZ MAGANA INC. MIJ, INC. OLE AHAD PP GROUP LLC RED PEPPER INC. SARJUDAS LLC SE-FLAN DBA LICENSE TYPE FEE LAKEVIEW CLUB GENERAL ON PREMISE ALL ALCOHOL $1,450.00 AMERICAN GRAFFITI RESTAURANT ALL ALCOHOL $1,450.00 MICKEY SHEA'S RESTAURANT ALL ALCOHOL $1,450.00 BAKER'S WHALOM VARIETY PACKAGE STORE WINE & MALT $700.00 CENTRAL MASS GARDENS PACKAGE STORE WINE & MALT $700.00 SETTLER'S PUB GENERAL ON PREMISE ALL ALCOHOL: $1,450.00 DONNELLY'S TAVERN RESTAURANT ALL ALCOHOL $1,450.00 ELENA'S GOURMET GROCERY PACKAGE STORE ALL ALCOHOL $1,450.00 THE BOOTLEGGER : RESTAURANT ALL ALCOHOL $1,450.00 JAXX COUNTRY VARIETY PACKAGE STORE WINE & MALT $700.00 HONEY FARMS STORE #93 PACKAGE STORE WINE & MALT $700.00 ASIAN IMPERIAL RESTAURANT ALL ALCOHOL $1,450.00 ON THE ROCKS GENERAL ON PREMISE ALL ALCOHOL $1,450.00 KABOB-E-LICIOUS RESTAURANT WINE, MALT, CORDIALS $700.00 EMBERS PIZZERIA RESTAURANT ALL ALCOHOL $1,450.00 ZEDAS/BAD LARRY'S RESTAURANT ALL ALCOHOL $1,450.00 DARIO'S RESTAURANT ALL ALCOHOL $1,450.00 J & M'S SPORTS BAR GENERAL ON PREMISE ALL ALCOHOL $1,450.00 HADWEN MARKET PACKAGE STORE WINE & MALT $700.00 BANGKOK HILL • RESTAURANT WINE & MALT $700.00 IXTAPA CANTINA RESTAURANT ALL ALCOHOL $1,450.00 LUNENBURG LIQUORS PACKAGE STORE ALL ALCOHOL $1,450.00 SEAN PATRICK'S RESTAURANT ALL ALCOHOL $1,450.00 VICTORY DISTRIBUTORS, LLC HANNAFORD SUPERMARKET & PHARMACY PACKAGE STORE ALL ALCOHOL : $1,450.00 Motion: P. Bertram To approve the alcohol license renewals as read except for Kabob-e-licious LLC 2"d: R. Ebersole Vote: All in Favor Motion: P. Bertram 2nd: R. Ebersole To schedule a hearing on the alcohol license for Kabob-e-licious on December 27, 2016 Vote: All in Favor Mr. Burney read the automatic amusement devices license renewal list aloud. AUTOMATIC AMUSEMENT DEVICES LICENSEE NAME 449 CORPORATION AMERICAN GRAFFITI INC. B & H CORPORATION CAROL A. & HENRY A. BAKER DONNELLY'S TAVERN, INC. LUNENBURG ZEDAS INC. MIJ, INC $35.00 EACH DBA LAKEVIEW CLUB AMERICAN GRAFFITI MICKEY SHEA'S BAKER'S WHALOM VARIETY DONNELLY'S TAVERN BAD LARRY'S J & M'S SPORTS BAR $140.00 $70.00 $35.00 $105.00 $140.00 $105.00 $105.00 Motion: P. Bertram To approve the automatic amusement devices license renewals Mr. Burney read the jukebox license list aloud. 2nd. R. Ebersole Vote: All in Favor ===PAGE 5=== LICENSEE NAME JUKEBOX $35.00 449 CORPORATION AMERICAN GRAFFITI, INC. B & H CORPORATION DONNELLY'S TAVERN, INC. JK WATERFRONT INC. MIJ, INC. ZEDAS INC. DBA LAKEVIEW CLUB AMERICAN GRAFFITI MICKEY SHEA'S DONNELLY'S TAVERN ON THE ROCKS J & M'S SPORTS BAR BAD LARRY'S Motion: P. Bertram To approve the jukebox lieense renewals Mr. Burney read the common victualer license renewal list. COMMON VICTUALER $25.00 LICENSEE NAME 449 CORPORATION AMERICAN GRAFFITI, INC. B & H CORPORATION CAROL A. & HENRY A. BAKER CHANG YE PAPADIKI CONRAD'S DRIVE-IN INC. DONALD E. LYONS DONNELLY'S TAVERN, INC. FIFTY MASS AVE LLC GENGHIS, INC. HONEY FARMS INC. JD ENTERPRISES, INC. JIANG JUN LOU INC. JK WATERFRONT INC. KABOB-E-LICIOUS, LLC KJ WATERFRONT INC. LUNENBURG EXXON LUNENBURG ZEDAS INC. MELENDEZ MAGANA INC. MIJ, INC. NASHOBA VALLEY DONUTS, LLC PP GROUP LLC PRESTO PIZZA, INC. RED PEPPER INC. SE-FLAN VICTORY DISTRIBUTORS, LLC WHITE FARM LTD. ZEDAS INC. DBA LAKEVIEW CLUB AMERICAN GRAFFITI MICKEY SHEA'S BAKER'S WHALOM VARIETY THE LUNCH BOX CONRAD'S DRIVE -IN SETTLER'S PUB DONNELLY'S TAVERN THE BOOTLEGGER JAXX COUNTRY VARIETY HONEY FARMS STORE #93 SHADY POINT BEACH & CAMPGROUND ASIAN IMPERIAL ON THE ROCKS KABOB-E-LICIOUS EMBERS PIZZERIA LUNENBURG EXXON BAD LARRY'S DARIO'S J & M'S SPORTS BAR DUNKIN DONUTS BANGKOK HILL PRESTO PIZZA IXTAPA CANTINA SEAN PATRICK'S HANNAFORD SUPERMARKET & PHARMACY CHERRY HILL ICE CREAM BAD LARRY'S 2nd: R. Ebersole Vote: All in Favor Motion: P. Bertram 2"d: R. Ebersole To approve the common victualer license renewals except for Kabob-e-licious LLC Vote: All in Favor ===PAGE 6=== Motion: P. Bertram 2nd, R. Ebersole To notify Kabob-e-licious LLC d/b/a Kabob-c-licous of the December 27" hearing concerning the renewal of all 2017 licenses Vote: All in Favor Mr. Burney read the Weekday Entertainment license renewals aloud. WEEKDAY ENTERTAINMENT $100.00 LICENSEE NAME AMERICAN GRAFFITI, INC. DONNELLY'S TAVERN, INC. MIJ, INC. B & H CORPORATION FIFTY MASS AVE. LLC DBA AMERICAN GRAFFITI DONNELLY'S TAVERN J & M'S SPORTS BAR MICKEY SHEA'S THE BOOTLEGGER Motion: P. Bertram To approve the Weekday Entertainment license renewals 2"'. R. Ebersole Vote: All in Favor Mr. Ebersole requested the new M.G.L. and bylaw be sent to the Bylaw Review Committee. Mr. Burney reported the Treasurer/Collector was going to bring this to Annual Town Meeting for local approval. Mr. Toale referred the Board to the memo Ms. Peterson sent regarding the new renewal process for alcohol license renewal with the ABCC and requesting the Board authorize her to electronically sign on behalf of the Board for the 2017 license renewals. Motion: R. Ebersole 2n: P. Bertram To authorize Executive Assistant Peterson to provide an electronic signature on behalf of the Board of Selectmen, the Local Licensing Authority to indicate the action the Local Licensing Authority has taken on 2017 license renewals Vote: All in Favor Ms. Bertram asked to amend the motion to state the Executive Assistant is authorized to cover future renewals rather than just 2017 and to not authorize one individual. Mr. Ebersole accepted that amendment. Mr. Burney suggested amending the wording to "the Town Manager or their designee". Ms. Bertram stated she would accept that amendment. Mr. Ebersole seconded the amendment. Vote: All in Favor Discussion of Hiring a Stormwater Expert Ms. Luck stated she has attended many stormwater workshops and one recommendation is to look at what you are planning to pave and determine what stormwater issues can be economically addressed to further the mission of preserving the integrity of the roadways, reduce road flooding and eliminate some of pollutants from entering the waterways by redirecting storm water. She stated she had reason to believe by setting aside less than 10% of the funds that have been targeted for storm water for an engineer would enable them to develop a plan to address this issue. She believed a plan such as this would allow the town to apply these efforts to fulfill the requirements of the new Ms4 permit, demonstrate to the townspeople that we are serious about stormwater management and provide a model of how successful stormwater management improves our roadways. This would provide a real-time assessment of stormwater management that we can use at budget time. She introduced Mike Clark from DCI Engineering and stated he would like to address the Board. Mr. Clark stated he started working with the town on the new Ms4 permit. You have funding set aside for repaving and you want to dedicate some of that toward stormwater management so you don't have to return later and tear up new roads. There is design and permitting but there is also implementation and procurement. Traditionally you would rely on the engineer for a standard design. There may be other alternatives to doing that, but at this point he didn't know enough about the watershed and paving plans to determine that. He also hasn't talked to the DPW Director so he didn't know where he would stand on this. Conservation Commission is also involved in this process. ===PAGE 7=== Ms. Bertram stated this Board will be holding a workshop meeting to discuss pavement management, identify stormwater issues on the planned roads and discuss the Complete Streets Program. She noted he is researching what has been done up to the present regarding the Ms4 permit process. Is this information going to be helpful in determining future stormwater improvements? Mr. Clark stated he just signed a contract with the town last week. As we go through the permit process, there is definitely information there. Another key issue is to look at the pavement management plan. Mr. Ebersole stated he thought procurement at this point was too early. While he supports the concept, he wanted to see the information we already have and participate in the pavement management plan/streets workshop first with the DPW Director. Ms. Bertram agreed and thought a review of the data we already have was the first step. Mr. Clark stated from a planning view you look at all the existing state and local GIS mapping and identify where water is being discharged. Then the Town can prioritize locations and strategize. Mr. Toale stated there is a stormwater task force that is addressing that, a pavement management plan and there is the Conservation Commission. All of them intersect at various points. Who do we want coming to the workshop and what is the desired outcome of it? Ms. Bertram stated there are the pavement management plan and the Complete Streets program. We need to know which roads are coming up for paving and what the drainage issues are and what the proposal is to address them. That is the stormwater piece. The second piece is the Complete Streets Program and a discussion about whether it fits Lunenburg. Mr. Ebersole stated he saw this as expanding and enhancing the pavement management plan. Further discussion ensued DPW Director Rodriquenz stated when this plan was formed we estimated the pavement and stormwater improvement costs, which was difficult to do. $500,000 was dedicated to stormwater. We consider the subsurface utilities; we always considered these types of things, especially drainage. This is something we've been doing all along. In terms of soil conditions, how the roads work, the condition of the structures, he believed he was the best person to make that decision. Where we really need help with is to review existing conditions which is time consuming and labor intensive. We combine the structure analysis with the cleaning of the catch basins so we know what we are doing before we pave. Another component of stormwater is where the water goes and many times it affects private property. We need to work with residents and get neighborhoods involved. We don't have easements. He has been working with an experienced certified horticulturist and other companies on rainwater gardens and the local micro-climate. There are a lot of things in process. Mr. Ebersole stated when we get to paving we should advertise it so people are aware. We can talk to property owners about granting an easement for placing a rain garden. Ms. Bertram stated this is the kind of dialogue we want to have at the workshop. Mr. Toale suggested scheduling this as soon as possible after the new Town Manager starts, probably February. Ms. Luck thanked Mr. Clark for coming in this evening. There was no further public comment. Motion:P. Bertram To adjourn the meeting at 8:22 p.m. 2nd. R. Ebersole Vote: All in Favor Respectfully submitted, Elaine In Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2016-12-13-minutes-4998.txt BOARD : select-board DATE : 2016-12-13 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2016-12-13-minutes-4998.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12132016-4998 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== RECEIVED & FILED JAN 1 1 2017 LUNENBURG TOWN CLERK OFFICE BOARD OF SELECTMEN MINUTES Joseph F. Bilotta Meeting Room, Town Hall December 13, 2016 The Board of Selectmen met in the Lunenburg Town Hall, Joseph F. Bilotta Meeting Room, as scheduled with Jamie Toale, Chairman; Tom Alonzo, Clerk; Paula Bertram, Member; Phyllis Luck, Member and Acting Town Manager Adam Burney Not present: Robert Ebersole, Vice Chairman The meeting commenced at 7:00 p.m. with the Pledge of Allegiance. PUBLIC COMMENT: Mr. Toale stated at the November 22, 2016 meeting the Board approved a toll booth fundraiser request by the Salvation Army for the town center and the intersection of Electric Avenue and Whalom Road on December ". Later that evening a citizen questioned this approval based on a perceived bias against the Gay community by the Salvation Army. This issue got quite a bit of press and caused concern among the public, including the local high school ROTC administration who had volunteered at previous toll booth fundraisers. He stated he did his research and he guessed others did as well, because last Saturday I stood at the intersection of Lancaster Ave. and Main St. and along with many of my friends and neighbors and quite a few of the high school students in civilian clothes, we waved and wished the people of Lunenburg a Merry Christmas. We smiled and held red buckets to collect nickels, dimes, quarters and bills to make Christmas just a little happier for kids and families less fortunate that we are without regard to who or what they are. We had a record day, best ever and collected more than we did in Fitchburg or Leominster, towns four times the size of ours. Thank you Lunenburg, I am proud of you. Ms. Bertram stated she did research it as well, there were a couple of isolated incidents and none locally a few years ago, but the Salvation Army as a whole is accepting, they help all regardless of race, gender and sexual orientation. She will continue to support them and the good work they do in the community. Ms. Luck concurred. She worked the toll booth by the intersection of Whalom Road and Electric Ave and people were very responsive and happy to give. Mr. Alonzo stated he collected in the town center and was very happy to do so. He wanted to thank all of the people who donated and the Salvation Army. 83% of the money collected stays in the local community to go to hundreds of families. They do great work all year. Ms. Luck reminded everyone about the pancake breakfast tomorrow morning from 8:00 to 11:00 a.m. at Eagle House Senior Center. $2.00 per person, take out is available. APPOINTMENTS 7:05 P.M. Pole Petition for Sunset Lane Mr. Toale read the petition aloud: "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 December 13, 2016 at 7:05 P.M. upon petition of National Grid 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: LOCATION Sunset Lane-to install 1 SO Pole, down guy, and anchor with a six foot lead across from Pole 48-5-5 Sunset Lane. Pole and anchor will be located on town property on the east side of Sunset Lane. Pole will be labeled 48-5S. Location approximately as shown on plan attached." ===PAGE 2=== National Grid representative Rich Nalesky presented for the POLE petition. He stated this is for a single pole to upport an adjacent pole (P-48->) with guy wires; it will not be carrying any energy carrying wires. The tw urrent guy wires are terminated in living trees and need to be removed. Ms. Bertram asked if any trees need t be removed. Mr. Nalesky stated he visited the site earlier and did see the need to remove any trees. Ms. Bertram asked if abutters were notified. Mr. Burney confirmed they were. Mr. Alonzo asked where the trees were located. Mr. Nalesky indicated where they were on the map. Mr. Toale asked if anyone was here regarding the petition. There was noone. Motion: T. Alonzo To approve the pole petition as detailed in the public notice and attached diagram 2nd: P. Bertram Vote: All in Favor 2017 License Renewals (continued) Mr. Burney stated these are some remaining renewals for 2017. He read the list aloud: Common Victualer $25.00 Ole Ahad d/b/a Hadwen Market Seth Silver d/b/a The Ugly Omelet Stella's Coffee Shop d/b/a Stella's Coffee Shop PK&P Corp. d/b/a Dippin Donuts Lanni Orchards, Inc. d/b/a Lanni Orchards Motion: T. Alonzo To approve the license renewals as presented 2nd.P. Bertram Vote: All in Favor Mr. Burney read the auto dealer license renewal: Class l Auto Dealer $100.00 Recreational Dimensions Inc. d/b/a Central Mass Power Sports Motion: P. Bertram 2nd: T. Alonzo To approve the Class I auto dealer license for Recreational Dimensions, Inc. d/b/a Central Mass Power Vote: All in Favor Sports 7:15 PM Petition for Transfer of Alcohol License for Hadwen Market Mr. Toale asked the affected parties to come forward. Attorney Matthew Porter presented for the license transfer request, stating it was a very straightforward transaction. Anjuben Patel who is present tonight has many years of liquor store experience. She has another store in New Bedford. She will be working full-time in this store. Joseph Vargeletis, also present will be the manager and has convenience store experience. The plan is for him to work in the store over the next few weeks to get trained by the seller and to get TIPS certified. In the meantime, Ms. Patel will be in the store with him 35-40 hours per week. The lease assignment has already been agreed upon and financing is all set. Ms. Bertram asked about the TIPS certification. Mr. Porter stated the alcohol TIPS certification isn't required for package stores but they will be taking the course. Ms. Bertram asked if a CORI is required. Mr. Burney affirmed. Motion: T. Alonzo 2"d: P. Bertram To approve the retail alcohol license transfer request as presented by the applicant through their attorney Attorney Porter asked the Board to approve the pledge of the license as well. The license is being pledged to the lender; whenever a bank gets involved, there is a pledge on the license and if the lender defaults it goes back to the bank. The Board took no action on the request to approve the pledge. Vote: All in Favor Attorney Porter thanked the Board. Minutes/ Warrants/Action File Issues The Board signed an Accounts Payable warrant in the amount of $1,746,634.34; a Payroll Warrant in the amount of $778,243.30, another payroll warrant in the amount of $560.04, and a Payroll deductions warrant in the amount of $492,481.68. ===PAGE 3=== Mr. Alonzo requested the larger Pay As You Throw trash bags be ordered. Committee Reports: Ms. Luck reported the School Committee met last week and school principals presented their 2018 budget requests. There was an increase in requests to hire new personnel. The School Committee contracted with New England Educational Consultants to facilitate a strategic visioning and planning initiative. The consultants are going to meet with a steering committee composed of twelve parents from all the schools as well as educators, School Committee member Meredith Weiss and herself. The initial step is a draft consisting of a mission, core values and vision. The committee is going to work with stakeholders and hold three focus groups to involve the community. The first meeting is December 19". The School Committee meets again on December 21st The Storm Water Task Force met with the consultants who are working on the Ms4 permit. They have worked out a schedule where it is completed by August. They meet with them again on January 26" Their next meeting is January 12 which is an educational workshop because one of the six points in the Ms4 permit is outreach, MART Advisory Board met and they have reached out to other regional agencies regarding the van insurance issue. Tomorrow she is attending the Baystate Roads Program Snow and Ice Workshop in Hadley. Ms. Bertram reported the Conservation Commission met on December 7* * They approved a number of requests to work within 100 feet of wetlands. The Snow Riders Club president gave an update on trail work on the Lane Property. Six bridges have been completed. There was trail work done that addresses erosion. They will be coming to this Board with an update. They did request the large multi-use bridge be dedicated to Peter Charpentier, who was a club member. Conservation approved that request. Hearings on Hickory Hills and Lake Shirley management plans were continued to December 21st. . Remediation work for 190 Electric Avenue and 225 Pleasant Street, areas of wetland violations, has been completed. Mitigation work at 189 Howard Street has been completed. There is a violation at 675 Reservoir Road; the Commission is concerned about the amount of vegetation removal and grading there. They are requiring a restoration plan be submitted by January 18 or there will be significant fines. The Commission received a $20,000 grant for a forest stewardship plan. RFPs have been sent to three foresters and only one bid has been returned. It was awarded to Gary Gouldrup. The properties being looked at for the plan are the Lane Property, the large and small town forests, the Cowdry lot and Robbs Hill. The plan covers forest and habitat maintenance and income generation. The plan deadline is June 17% Planning Board discussed the Complete Streets program. Ken Chenis attended a MJTC meeting and his understanding is that Complete Streets has backed off some of the stricter requirements and we can put forward different areas of the town for the program. Mr. Chenis is working with Brad Harris of MRPC specifically focusing on the Village District and Summer Street areas. There is a free bike rack program that MRPC is looking into. They are trying to gauge interest. Any municipal building/property would be eligible. If we are interested, we should let them MRPC and the Planning Board know. It is reimbursable program. Site work at 357 Electric Ave. (Unitil) is almost completed. 270 Electric Ave. is moving slower. Mr. Burney informed the Planning Board that he is Acting Town Manger until January. There was discussion on bylaw changes; the definitions and use table. Accessory housing was discussed. Mr. Burney reported there was discussion on Article 5 from the November 28, 2016 Special Town Meeting. Mr. Alonzo reported Cable Advisory meets in January. School Building Committee meets tomorrow. There was a talent bank form submitted for Finance Committee, so Finance Committee Appointing Committee should be meeting soon. Mr. Toale reported Building Reuse Committee meets December 19* and they are going to review the November 284 STM Article 5 in terms of what is the next step. They are also anticipating the new Town Manager to assist them through the RFP process. Capital Planning met today and heard from the School Department. They meet with the IT Director at their next meeting which includes school, town and library. He attended the Council on Aging meeting today with Ms. Luck. They were very appreciative that we were attending. ===PAGE 4=== Joel Bard of KP Law - Town Counsel Review Attorney Bard reviewed some past cases and how they were handled. He was surprised to see the Request for Proposal (RFP) for legal services. He requested feedback from the Board, both good and constructive criticism. Mr. Alonzo stated he always had the belief to put out RFPs to see what's out there. He has some issues with KP Law's speed in litigation preparation. There have been some miscommuniciations between the Board and the former Town Manager. One instance was the lack of a written opinion for the recent special town meeting. Mr. Alonzo stated the Board recieved a letter from the Sewer Commission who is very pleased with your work. Your involvement in town meetings has been good. Mr. Bard stated he was never asked for an opinion for Special Town Meeting pertaining to the Planning Board issue but he wrote one afterwards. If any issue is still out there he is happy to help out. Ms. Bertram asked Mr. Burney if there were more issues remaining. Mr. Burney reported there is a fundamental disagreement between the Zoning Enforcement Officer and the Planning Board on the determination of density for a special permit application. The special permit hearing has been opened. The applicant appeared before the Board and they are working on some revisions to the plan. The Board believes they have the authority to set density at what they feel is appropriate per the circumstances of the parcel, the development and the surrounding neighborhood. They have at least two opinion letters from the Zoning Enforcement Officer. One agrees with that opinion and one sets the density for them at eight units per acre. So there is still some disagreement and the applicant is holding firm that they deserve eight even though they only want six. The Planning Board feels their proposal is not appropriate for the topographical and surrounding conditions of the site. Ms. Bertram strongly recommended the Planning Board consult with Town Counsel on this application before a decision is issued. Mr. Bard stated the Building Commissioner opinion is not binding on the Planning Board. Ms. Bertram stated legal services is a significant portion of the budget. It makes sense periodically to go out for proposals and see what is available. Her biggest concern was relative to the Whalom overlay bylaw. She believed there was a miscommunication. She was looking for a written opinion before Town Meeting and did request one through the Town Manager. She added in the event that Mr. Bard has a strong disagreement with a town official that he let the Chairman know. Mr. Burney added that he was aware of all those conversations and he wasn't prepared for what happened at town meeting. Discussion continued. Mr. Toale stated he agreed with his colleagues about seeing what's out there. He added while he did not intend to take away from the Town Manager's relationship with Legal Counsel, if Mr. Bard thought it would be helpful to contact the Chairman directly, to do so. He stated he owed Mr. Bard an apology as he should have given him a heads up about going out for Legal Counsel RFPs and did expect KP Law to be in the RFP interview process when it happens. This Board will go over them once the new Town Manager begins here. Mi. Alonzo suggested Mr. Bard coming into the Board three or four times annually. Ms. Bertram agreed. Mr. Bard did not have any questions but noted he was never asked to review the Village District bylaw before it went to town meeting. Mr. Burney apologized and stated he would make sure future bylaws would be sent for review. Ms. Bertram inquired on the Architectural Preservation District Commission's progress. Mr. Burney stated they are working on their regulations. They will need to hold a public hearing. Mr. Bard thanked the Board and exited the meeting. Mr. Toale reviewed the upcoming meeting schedule. There was no further public comment. Motion: P. Bertram To adjourn the meeting at 8:21 p.m. 2"d: T. Alonzo Vote: All in Favor Respectfully submitted, Elaine M Ritersar Elaine M. Peterson Executive Assistant to the Town Manager RECEIVED & FILED JAN 1 1 2017 LUNENBURG TOWN CLERK OFFICE ======================================================================================== DOCUMENT : 2016-12-20-minutes-4999.txt BOARD : select-board DATE : 2016-12-20 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2016-12-20-minutes-4999.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12202016-4999 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== I-M. RECEIVED & FILED JAN 1: 2017 LUNENBURG TOWN CLERK OFFICE BOARD OF SELECTMEN MINUTES Joseph F. Bilotta Meeting Room, Town Hall December 20, 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 Acting Town Manager Adam Burney Not present: Tom Alonzo, Clerk The meeting commenced at 7:00 p.m. with the Pledge of Allegiance. There was no Public Comment or Announcements. APPOINTMENTS Victory Distributors, LLC d/b/a Hannaford Supermarket & Pharmacy #8388 Change of Manager and Change of Officers for Alcohol license #00016-PK-0636 Jennifer Moore, the new manager on record presented for the request. Ms. Moore reported she has been in the store for about eight weeks. She has worked in other Hannafords, Gardner and Leominster. Motion: R. Ebersole 2"d: P. Bertram To approve the Change of Manager to Jennifer Moore and the Change of Officers as submitted for Victory Distributors, LLC d/b/a Hannaford Supermarket & Pharmacy #8388 Vote: All in Favor Ms. Moore thanked the Board and exited the meeting. CURRENT BUSINESS 1. License Renewal (cont.) Mr. Burney presented a license renewal for Whalom Gas, 1 Whalom Road, for a common victualer and automatic amusement devices (2 video games). Motion: R. Ebersole To approve the license renewals for Whalom Gas 2"d: P. Bertram Vote: All in Favor Minutes/ Warrants/Action File Issues The Board approved and signed November 8, 2016 Minutes. The Board signed an Accounts Payable warrant in the amount of $163,183.75; a voided Payroll Warrant in the amount of -$939.46, a reissued Payroll Warrant in the amount of $927.45 and a School Construction warrant in the amount of $437,259.62 Ms. Luck requested a list of roads that were already paved and a list of streets to be paved in 2017 for the upcoming storm water workshop. Ms. Bertram requested an overview of improvements on the various paving projects that fit in with the Complete Streets Program. Mr. Ebersole stated he believed the Complete Streets process was to get funding for planning to figure out what that is. The Board has not requested the DPW Director to identify what streets would fit that up to this point. Ms. Bertram stated we need some idea of what improvements can be made in order to meet the requirements of the program. MRPC is willing to assist communities with the Complete Streets Program. Mr. Burney will contact Mr. Rodriquenz. The Board decided to hold this workshop on February 14'h Mr. Toale reported the Town received nine responses to the REP for legal services. He suggested February 28h for review of them. Mr. Ebersole suggested starting at 6:00 p.m. Mr. Burney suggested booking a room at the ===PAGE 2=== school for presentation purposes. Mr. Ebersole requested reviewing use of town property and setting a policy. Another suggestion was to review the policy and procedures in entirety in March or April 2017. Discussion about the budget process ensued. Update on 2013 and 2015 DCR Recreational Trails Program Grant Update and Request to Dedicate Multi-Purpose Bridge over Mulpus Brook Tom Bertram, 312 Townsend Harbor Road, presented a report on the Lunenburg Snow Riders Club trail work. He began with the 2013 Recreational Trails Program (RTP) grant amounting to $24,259. The RTP grant is issued through the Department of Recreation and Conservation (DCR) and is collected through a federal gas tax. The club completed erosion mitigation on the Cowdry Lot parcel, specifically Old Tote Road and Muskrat Swamp Trail areas. They also built a handicapped viewing station and a kiosk at the request of the Conservation Commission at the Harold Harley Site. They purchased trail grooming equipment. The club created a connector trail between the Cowdrey lot and the small town forest. One remaining task on the 2013 grant is to install gravel for trail maintenance and install drainage on the large town forest trails. The 2015 RTP grant in the amount of $34,799 is almost entirely dedicated to the Lane Property off Holman Street. The club constructed a parking lot at the Lane Property, built five footbridges along Mulpus Brook and Proctor and Ramsden have all been instrumental in donating equipment and time. A multi-purpose bridge over the Mulpus was constructed. This bridge is big enough to get machines across for maintenance and access out to the town forest. Peter Charpentier, who passed away this year, was an outdoorsman, very active and a club member. Mr. Bertram stated they would like to have this multi-purpose bridge dedicated to Peter. He reported the Conservation Commission voted at their December 7' meeting to endorse the dedication. Mr. Bertram was seeking a proclamation issued from this Board. Mr. Ebersole thanked all the people who have been working on the town properties. He is in full support of the proposed proclamation. Mr. Toale congratulated all the Snow Riders and volunteers for all their work. Mr. Toale read the proclamation aloud: WHEREAS The Town of Lunenburg has Conservation Land dedicated to activities such as bird watching, cross country skiing, snowshoeing, hiking, nature study, photography and other passive recreational uses and WHEREAS Volunteers are a valuable resource on which the Town depends and appreciates for the upkeep and maintenance of many trails going over the Conservation Land as well as installation of bridges and WHEREAS Peter Charpentier, a lifelong resident of Lunenburg, passionate hiker and outdoorsman, contributed many volunteer hours towards the Conservation Land and WHEREAS The Lunenburg Conservation Commission are the caretakers and stewards of the Lane Conservation Land and voted at their December 7, 2016 meeting to dedicate the Mulpus Brook Multi-Purpose Bridge in memory of Peter Charpentier, who passed away on August 17th NOW, THEREFORE, It is fitting that the Lunenburg Board of Selectmen do hereby proclaim that we honor the memory and celebrate the life of Peter Charpentier, an exceptional individual, and ratifies the Conservation Commission Vote to dedicate the bridge on this day, December 20, 2016. ===PAGE 3=== Mr. Ebersole motioned to approve the proclamation and Ms. Bertram seconded. Vote: All in Favor Mr. Bertram stated there would be a dedication at the bridge in the spring. He extended an invitation to the Board to attend. Mr. Bertram thanked the Board and exited the meeting. Committee Reports: Ms. Luck reported the School Visioning Steering Committee met last night. They are working on a strategic framework and will be seeking community input. It is the first of three phases that will result in the creation of a district strategic plan which will then inform the school improvement plan going forward. The next meeting is January 9". The Storm Water Task Force's next meeting on January 12'* is an educational workshop. Ms. Luck attended a Baystate Roads workshop in Hadley; Getting the Most Out of Your Snow and Ice Operations. The program was presented by a retired DPW Director from Heath who claimed you can avoid the use of sand by properly pretreating with salt. This avoids sand buildup in catch basins. The Zoning Board of Appeals has a January 11* hearing scheduled for a request to demolish a dwelling and rebuild at 55 Spring Street, on Lake Shirley. ZBA member Ray Beal has submitted his resignation. ZBA will reorganize their Board at the next meeting. Ms. Bertram reported Montachusett Planning Organization (MPO) met on December 14*. . There was an amendment to the 2017- 2021Transportation Improvement Program (TIP) concerning the transit element. Details are on the MRPC website. There was a presentation on regional population projections. Interestingly, one method predicted a population decrease, while the other predicted an increase in Lunenburg. There will be $2 million dollars available in next year's TIP because a project has fallen off the list. She believed Chase Road was a good candidate for the funding as it was shovel ready. Discussion on Summer Street construction did come up. Sara Bradbury, Mass DOT District 3, reported the 100% design has been received and is under review. The Wachusett Station (commuter rail) located in Fitchburg is now fully operational. The grand opening ceremony is postponed because of cold weather. There is a shuttle between Gardner Center and the station. Parking design for Ayer is being worked on. There will be a 200 parking space garage. Mass Development and its businesses are discussing how to provide transportation from outlying areas to Devens. The Dedicated Local Technical Assistance Grant will be available this year. Finally they are looking to assist communities interested in ecotourism projects. Mr. Ebersole reported the Library is working on updating its policies and looking at using trust funds to purchase books. The Sewer Commission is working on updating their rules and regulations, particularly with Mr. Toale reported the Building Reuse Committee met and reviewed input received from the November Special Town Meeting and to plan their next steps. They voted to revise the RFP plan to create one (four building) RFP; using the Primary School, Brooks House, Town Hall and Ritter Memorial Building as revenue creators to fund the renovation of the T.C. Passios Building for use as a municipal building. They are also considering a separate REP that includes all five buildings to create a town center concept as long as it encompasses a municipal office building. They would like to accomplish this in time for the 2017 Annual Town Meeting. He noted he shared with the Reuse Committee there is a request in the Capital Plan to scrape, remove lead paint and repair and paint Town Hall. The estimated cost is $87,750. Mr. Burney reported Ray Beal has resigned from ZBA and there are two associates currently sitting in on their meetings that could fill the vacancy. He will approach the associates to see if there is interest. The Fire Department, through the Chief, is looking at applications for the Staffing for Adequate Fire and lever More Responsi Son this is can in ator. a bri, the is a rosa 24 hours craniary to paramedic Board to broach the subject of cannabis cultivation in Lunenburg for distribution to registered medical dispensaries and potentially retail distributors. Resignation: Ray Beal from Zoning Board of Appeals effective December 31, 2016. (revd. 12/19/2016) Mr. Toale read Mr. Beal's resignation letter aloud. Motion: R.Ebersole 2"°: P. Bertram To accept Ray Beal's resignation from Zoning Board of Appeals effective December 31, 2016 Vote: All in Favor ===PAGE 4=== Mr. Toale stated a brief license hearing is scheduled for December 27. The next meeting after that is January PUBLIC COMMENT: Mr. Ebersole stated he wanted the Board to review the earth removal bylaw to address permitting and filling in. A lot has changed since the bylaw was written in the 1960's. Mr. Toale wanted to wish everyone a Merry Christmas, Happy Hannukah and a safe holiday season, as well as A Happy New Year. Motion: P. Bertram To adjourn the meeting at 8:13 p.m. 2nd: REbersole Vote: All in Favor Respectfully submitted, Elaine M. Peterson Executive Assistant to the Town Manager RECEIVED & FILED JAN 1: 2017 LUNENBURG TOWN CLERK OFFICE ======================================================================================== DOCUMENT : 2016-12-27-minutes-5000.txt BOARD : select-board DATE : 2016-12-27 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2016-12-27-minutes-5000.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12272016-5000 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== RECEIVED & HILED DANI: 2007 LUNENBURG TOWN CLERK OFFICE BOARD OF SELECTMEN MINUTES Joseph F. Bilotta Meeting Room, Town Hall December 27, 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 Acting Town Manager Adam Burney Not present: Tom Alonzo, Clerk The meeting commenced at 7:00 p.m. with the Pledge of Allegiance. PUBLIC COMMENT: There was none this evening. Mr. Toale announced there was a hearing scheduled for 7:00 p.m., but the licensee was not present yet so the Board addressed minutes and warrants first. The Board approved and signed Minutes of November 15, November 22 and December 6, 2016. The Board signed an Accounts Payable warrant in the amount of $99,003.57; a Payroll Warrant in the amount of 794,530.87 and a Payroll Deductions warrant in the amount of $249,708.80. Kabob-e-Licious Alcohol License #00048-RS-0636 Hearing RE: Failure to pay Municipal Fees Mr. Toale announced the hearing scheduled for 7:00 P.M. December 27, 2016 for failure to pay municipal fees, specifically sewer fees amounting to approximately $3,416.15. The licensee was notified via certified letter of the hearing and was given the opportunity to make a written payment agreement with the Collector/Treasurer office. Mr. Toale opened the hearing noting the licensee was not present. He asked for comments from the Board Mr. Ebersole stated his concern was with providing due notice to the licensee, return receipt of due notice delivered to the Town and the history over the last year of failure to comply with requirements, he was willing to work with them if they were working with the Town. But until such time he was prepared to not renew the alcohol license for Kabob-e-licious. Ms. Bertram agreed wholeheartedly with those statements. There has been notification to the license holder of the outstanding fees and at the last meeting Mr. Bertram did note this fact and urged the license holder to make arrangements with the Collector/Treasurer or the Sewer Commission or that the license would be at stake. She has been informed in writing. The Board concurred. Motion: R.Ebersole 2": P. Bertram To not renew the Kabob-e-licious alcohol license #00048-RS-0636 which would be effective January 1, 2017 due to failure to pay municipal fees and violation of the Town bylaws and state law Vote: Ms. Luck-aye, Ms. Bertram - aye, Mr. Ebersole-aye, Mr. Toale -aye Mr. Burney stated the Alcoholic Beverage Control Commission will be notified. There were no action file issues. Mir. Toale informed the Board the January 3" meeting had no business scheduled at this time. The next Board meeting will be January 10" ===PAGE 2=== Motion: P. Bertram To adjourn the meeting at 7:06 p.m. Respectfully submitted, Elaich Petewar Elaine M. Peterson Executive Assistant to the Town Manager RECEIVED & FILED MAN 1: 2017 LUNENBURG TOWN CLERK OFFICE 2nd: R.Ebersole Vote: All in Favor