# select-board — 14 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 : 2017-04-11-minutes-5072.txt BOARD : select-board DATE : 2017-04-11 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-04-11-minutes-5072.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04112017-5072 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== RECEIVED & FILED MAY 0 2 2017 LUNENBURG TOWN CLERK OFFICE BOARD OF SELECTMEN MINUTES Joseph F. Bilotta Meeting Room, Town Hall April 11, 2017 The Board of Selectmen met in the Bilotta Meeting Room, with Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Tom Alonzo, Clerk; Phyllis Luck, Member and Town Manager Heather Lemieux Not present: Paula Bertram, Member The meeting commenced at 7:00 p.m. with the Pledge of Allegiance. PUBLIC COMMENT Ms. Luck stated the Lion's Club Pancake Breakfast will be at the Eagle House Senior Center tomorrow morning from 8:00 to 11:00 a.m. $2.00 per person; takeout is available. Mr. Alonzo announced the Lunenburg Boys and Girls Club "Are You Smarter than our Sixth Grader?" fundraiser that was cancelled due to weather is being rescheduled for mid-May. Resignation- Jim Auge from Board of Health effective April 3, 2017. Mr. Toale read Mr. Auge's resignation aloud. There will be a vacancy that will need to be filled by mutual appointment of the Board of Selectmen and the Board of Health until the next Annual Election. APPOINTMENTS Request for 2017 Bicycles Battling Cancer Ride Mark Walter of the American Cancer Society presented his request to run the fundraiser Bicycles Battling Cancer through Lunenburg on Sunday, June 11, 2017. It begins and ends in Marlborough. This is the same course as last year. Mr. Walter will inform the Police Department of the event for information purposes. Riders coming through town will be spread out because when they reach Lunenburg it will be mile 17 of the course. Motion: R. Ebersole 2™d: T. Alonzo To approve the Bicycles Battling Cancer ride through Lunenburg on June 17, 2017 Vote: All in Favor Verizon Wireless Amendment to Lease Agreement Ms. Lemieux reported the lease agreement has been changed to be consistent with the RFP wording. The difference is that the previous language allowed for extensions at the sole discretion of the Board of Selectmen while the requested language from Verizon allows for automatic extensions. This has been reviewed and approved by Town Counsel. The other amendment to the agreement is the replacement of Exhibit 1 with zoning Motion: R. Ebersole To approve the amendment to the Verizon Wireless Lease as presented 2"d: T. Alonzo Vote: All in Favor Minutes/ Warrants/ Action File Issues The Board signed an Accounts Payable warrant in the amount of $536,284.32. Embers Pizzeria -Alteration of Premises for Alcohol License 00004-RS-0636 Owner Ken Ricker requested to expand the patio area at Embers Pizzeria, 84 Lakefront Avenue from 240 to 640 square feet. He stated he was not increasing the occupancy for the building so had not checked in with the Building Commissioner or Fire Chief. Motion: R. Ebersole 2'd: T. Alonzo ===PAGE 2=== To approve the alteration subject to applicant going to Building Commissioner to check on zoning requirements Vote: All in Favor Follow up on Legal Counsel Interviews: Reference Checks and Review of Ratings (non-priced) Ms. Lemieux referred to compiled evaluation ratings for the four legal counsel firms. The ratings were based on scoring by the Board, Ms. Lemieux and Mr. Burney. Ratings ranged from not advantageous, unacceptable, somewhat advantageous, advantageous or highly advantageous. Miyares & Harrington's overall rating results showed 4 out of 7 evaluators rated them highly advantageous; Murphy, Hess, Toomey and Lehane showed 3 out of 7 evaluators rated them as highly advantageous; Deutsch Williams showed 5 out of 7 rated them as highly advantageous and Mead, Talerman & Costa rated 5 out of 7 as highly advantageous. The next goal is to match the most advantageous non-priced proposal with the best price proposal. Ms. Lemieux received 13 out of 16 reference checks back on the firms and presented them as well as their fee schedules. The Board requested Ms. Lemieux separate the total hours over one year from KP-Law invoices of general services and litigation services and then project with each of the four proposals what the estimated cost would be for the Town. The next phase is reinterviewing the four finalists on April 18'h CURRENT BUSINESS Assignment Consent for the Net Metering Agreement with Clean Footprint LLC Facilities Director John Londa and John Kluwin of Clean Footprint LLC appeared regarding the request from Clean Footprint to assign the net metering agreement rights between them and the Town to Fitchburg Solar, LLC, which is an affiliate of Clean Footprint, LLC. Clean Footprint completed a transaction on October 26, 2016 in which Fitchburg Solar acquired all of Clean Footprint's rights, title and interest in the approximately 612 (kW) DC solar generating facility located at 225 Industrial Road in Fitchburg. Motion: R. Ebersole To approve the Consent to Assignment as presented 2"°: T. Alonzo Vote: All in Favor Complete Streets Policy Review and Possible Vote to Adopt Ms. Lemieux referred to the draft Complete Streets policy. Chairman Toale, DPW Director Rodriquenz., Land Use Director Burney and she had met and put together the draft policy. The policy takes into account MassDOT's criteria guidelines for the Complete Streets program. Once the Board votes to adopt the policy, it will be uploaded into the MassDOT's website online portal and we would receive notification within three weeks on our score. A score of 80 or above would generate funding of $50,000 for technical assistance which would aid in the prioritization plan for our Complete Streets projects. The next step would be to solicit bids for technical assistance and putting together that plan. After some discussion the wording under Implementation (1) was changed to an advisory group of relevant stakeholders will be appointed by the Board of Selectmen within six months of approval of this policy by MassDOT." Mr. Ebersole suggested waiting for approval of this policy until Ms. Bertram returns next week as she had some concerns. He thanked Ms. Lemieux for all her work. He asked if the Planning Board needs to revise their subdivision rules and regulations or policies to be consistent with this. Land Use Director Burney stated yes there will need to be some work done. The discussion will be continued. Bylaw Review Committee Recommendations Mr. Ebersole drafted a redlined version illustrating the bolded language that is going to be changed and strikethroughs for provisions that are proposed to be deleted. Mr. Ebersole stated he did not put any editorial comments but had some personal opinions on the following: ARTICLE II TOWN ADMINISTRATION Add new bolded language to SECTION 1: SECTION 1. All Boards, standing committees and officers of the Town, shall keep proper records of all their doings and accounts. The records and vouchers of such boards, committees and officers shall be kept in their respective offices and shall not be removed thereform; such records and vouchers shall be open to the inspection of the citizens of the town, the said records and vouchers remaining under the supervision of the board, committee or officer having charge thereof. Minutes of all town boards and committees must be approved in 30 days and periodic review of executive session quarterly. The minutes of all town boards and committees meetings shall be filed with the Town Clerk within two (2) ===PAGE 3=== reeks after those minutes are approved by the board, and the minutes of all executive sessions of those boards an ommittees shall be tiled with the Town Clerk within two (2) weeks of those minutes being made public. Minutes shal include the material substance of the discussions, including votes, and need not be a verbatim record unless otherwise required by law. Mr. Ebersole noted this was a good item to have. Mr. Toale asked within 30 days of what, the meeting? Mr. Ebersole stated he would make notes and forward them to Town Clerk Herrick and Committee member Rob Bowen. Ms. Luck believed having minutes approved within 30 days was an unreasonable request adding there are many boards that are unable to do that. Mr. Alonzo suggested approving them within two or three consecutive meetings. Further discussion ensued on what is a reasonable time to complete minutes and frequency of some board meetings. Mr. Ebersole will pass these concerns on to the committee. Repeal SECTION 6 as it is covered in Town Charter, section 3-2, part (c). SECTION 6. The Board of Selectmen shall have the right and power to revoke and annul any license, whenever any of the terms and conditions of such license may have been broken, or any infraction of the laws of the Commonwealth has been committed by the licensees. Town Charter section 3-2 part (c) Board of Selectmen Licensing Authority reads: The board of selectmen shall be a licensing board for the town and shall have the power to issue licenses as otherwise authorized by law, to make all necessary rules and regulations regarding the issuance of such licenses, to attach conditions and impose restrictions on any such license it may issue as it deems to be in the public interest and to enforce all laws relating to all businesses for which it issues any license. Mr. Ebersole stated repealing Section 6 is warranted because the Charter covers that. Repeal SECTION 8 as the topic is covered by the Massachusetts Conflict of Interest Law. SECTION 8. Except as otherwise permitted or required by law, no person holding an elective office shall perform work of ether serves for the town for remuneration se long as such work is subject to the direct control or supervision of the Board er Department of which such person is a member. Section & is already covered by the Conflict of Interest law. Repeal SECTION 12 as Massachusetts General Laws lists these fees. SECTION 12 License and Permit Fee schedule adopted April 6, 1981 Annual Town Meeting, Article 23. (See "LICENSE AND PERMIT FEE SCHEDULE") April 1981, 1982, May 14, 1988 Art 61. (36 sections listed) Mr. Ebersole stated Massachusetts General Laws lists these fees. He will be recommending not doing so. Mr. Ebersole reported the committee did not want to be redundant to a fee schedule that was in the statute but the statute states unless otherwise provided by bylaw the following fees shall be as follows...all this time we have increased the fees so our schedule is the current fee schedule that was reviewed recently to be in line with other communities. ARTICLE V USE OF PUBLIC WAYS Amend all language references to "man" or "men" to gender neutral language in entire ARTICLE V. Mr. Ebersole stated this was standard practice. Expand language in SECTION 2 regarding street to include "right of way". SECTION 2. No person shall break or dig up the wrought part of any highway or street right of way, or place within the limits of any street or highway street right of way any obstruction or rubbish, stones, ashes, or any animal or vegetable substance or offal, or move any building into or along the same, without a license from the Selectmen, the Chief Administrative Financial Officer (or equivalent), or DPW Director or his or her designated Agent. ===PAGE 4=== The DPW Director had suggested they include the words "right of way." Repeal SECTION 13 as this section is a redundant statement of the Massachusetts Architectural Access Board Requirements. SECTION 13 (a) Any person or body that has lawful control of a public or private way or of improved or enclosed property used ass off street parking areas for businesses, shopping malls, theaters, auditoriums, sporting or recreational facilities, cultural centers, residential dwellings, or for any other place where the public has a right of access as invitees or licensees, shall be required to reserve parking spaces in said off street parking areas for any vehicle owned and operated by a disable veteran or handicapped person whose vehicle bears the distinguishing license plate authorized by Section Tow of Chapter Ninety, according to the following formula: If the number of parking spaces is at least one (a) but not more than twenty five (25), one (1) parking space; More than twenty-five (25) but not more than fifty (50), two (2); More than fifty (50) but not more than seventy five (75), three (3); More than seventy five (75) but not more than one hundred (100), four (4); More than one hundred (100) but not more than one hundred fifty (150), five (5); More than one hundred fifty (150) but not more than two hundred (200), sis (6); More than two hundred (200) but not more than three hundred (300), seven (7); More than three hundred (300) but less than four hundred (400), eight (8); More than four hundred, but less than five hundred (500), nine (9): More than five hundred (500) but less than one thousand (1000), 2% of total number of spaces. More than one thousand (1000), twenty (20) spaces plus one additional space for each one hundred spaces over 1000. (b) Parking spaces designated as reserved under the provisions of paragraph (a) shall be identified by the use of above grade signs with white lettering against blue background and shall bear the words "Handicapped Parking: Special Plate Required. Unauthorized Vehicles May Be Removed at Owner's Expense"; shall be as near as possible to a building entrance or walkway; shall be adjacent to curb ramps or other unobstructed methods permitting sidewalk access to a handicapped person; and shall be twelve feet wide or two eight foot wide areas with four feet of cross hatch between them. (e) No person shall leave an unauthorized vehicle within parking spaces designated for use by disable veterans of handicapped persons or in such manner as to obstruct a curb ramp designed for use by handicapped persons as a means of egress to a street or public way. (d) The punishment for violations of subparagraphs (a) through (c) shall be $100.00 for each offense. Mr. Ebersole stated his only question is do the Police have the power to issue tickets under the state regulations as opposed to the bylaw? If they don't, then we can't enforce it. ARTICLE VI GOVERNMENT OF TOWN MEETINGS Repeal SECTION 3. SECTION 3. No money shall be raised or appropriated at a special town meeting except by a two thirds vote of the voters present and voting. Mr. Ebersole reported this was something the previous Town Manager has requested. He stated he was open to discussion on this one. ARTICLE IX MISCELLANEOUS PROVISIONS SECTIONS 9 and 10. Change permitting authority from Board of Selectmen to Planning Board in SECTION 9. EARTH REMOVAL ORDINANCE and SECTION 10 Penalty for failure to erect barriers after notice. No other language change. ===PAGE 5=== Mr. Ebersole stated they hadn't had further discussion about this other than when the Land Use Director brought this to them. He believed more discussion was warranted. SECTION 11 Change "Superintendent of Highways" to "D.P.W. Director" No other language change. No further comment was made on this change. Repeal SECTIONS 12 and 15 as they are covered in the Town Charter section 3-2. SECTION 12. The Selectmen shall annually appoint an Inspector of Gas Piping and Gas Appliances in Buildings, whe shall be a licensed plumber or licensed gas fitter. SECTION 15. The Selectmen shall annually appoint an Inspector of Wires who shall be a licensed electrician and they shall annually fix the salary or compensation of said Inspector of Wires. The Beard of Selectmen shall approve for issuance a prescribed fee schedule and all fees collected within the town of Lunenburg shall be paid in to the Treasury. Mr. Ebersole stated this is covered in the Charter already so we can repeal that. Renumber Section 23A to Section 24. Section 24 23A Fire and Emergency Medical Services Details No further comment was made on this change. ARTICLE X PROSECUTIONS AND PENALTIES SECTION 3 NON-CRIMINAL COMPLAINT - Fine amounts under review by the Chief of Police. No further comment was made on this change. ARTICLE XII FINANCE COMMITTEE Repeal SECTIONS 1, 2 and 3 as covered by Town Charter sections 2-3 (b), (c) and 5-3. SECTION 1. There shall be a Finance Committee consisting of seven voters of the Town, appointed by the Selectmen, as hereinafter provided, no one of whom shall be a Town officer elected by ballot, or an appointed officer receiving a salary. SECTION 2. Said Finance Committee may consider any or all municipal questions and shall examine all articles calling for expenditures of money, shall during the months of January and February, and may at any other time, hold pubhe hearings for the purpose of determining their findings and recommendations, shall repert the same to the Town in the annual report when practicable and when not so reported to each and every Town meeting in printed form or otherwise. SECTION 3. Upon the approval of this By law, the Selectmen shall appoint said Committee as follows: two members who shall act as such until the first meeting of the Selectmen after the next annual meeting; two members who shall act as such until the first meeting of the Selectmen after the second annual meeting; three members who shall act as such untit the first meeting after the third annual meeting. Upon the expiration of the term of office of each member, the Selectmen shall then appoint a successor to serve as a member for the term of three years. Town Charter section 2-3 Committees (b) Finance Committee - Composition, Term of Office reads: There shall be a finance committee that shall consist of 7 members appointed for terms of 3 years each so arranged that the terms of as nearly an equal number of members as is possible shall expire each year. The members shall be appointed by a committee consisting of 1 member of the board of selectmen chosen by the board of selectmen; 1 member of the school committee chosen by the school committee; and the town moderator. (c) Powers and Duties - (1) The finance committee shall have the primary responsibility to report to town meeting on the proposed budget of the town manager and all warrant articles having a fiscal impact on the town, as more particularly detailed in the charter, town by-laws, and the laws of the commonwealth; before preparing its final recommendations, the finance committee shall hold 1 or more public hearings to permit public discussion of the subject matter of the articles contained in the warrant. (2) After the ===PAGE 6=== town manager has prepared the budget, the finance committee shall consult with the town manager and recommend any modifications it deems appropriate before the budget is filed with the town clerk. (3) The finance committee shall have all other powers conferred on finance committees by the General Laws. Mr. Ebersole stated this in the Town Charter; the one question they had was Section 4 of the Finance Committee town bylaw allows the Finance Committee to remove members who have not attended 1/3 of the regular meetings. Refer SECTION 4. To Town Counsel for review as section is referenced in Town Charter Article 3-1(f) - filling of vacancies. ECTION 4. Members absent from one-third of the regular meetings of the Finance Committee in any fiscal year may b moved bv a two thirds (2/3) vote of the remaining members present and voting. Anv member who shall remove forn Mr. Ebersole stated they did not recommend changing this but have referred it to Town Counsel for review. ARTICLE XXII BOARD OF HEALTH Repeal SECTIONS 1 and 2 as they are covered by Town Charter section 3-6(a) SECTION 1. Composition - There shall be a Board of Health which shall consist of five members. The terms of office shall be so arranged that the terms of as nearly an equal number of members as is possible shall expire each year. SECTION 2. Powers and Duties - The board of health shall be responsible for the formulation and enforcement of local rules and regulations affecting the environment and the public health and for the enforcement within the town of all state statutes and the provisions of the code of Massachusetts regulations affecting the public health. the board of health shall have all the other powers, and responsibilities given to boards of health by general laws. Town Charter Article 3 Elected Officials, Section 3-6 Board of Health reads: (a) Composition, Term of Office - There shall be a board of health consisting of 5 members elected for terms of 3 years each so arranged that the terms of as nearly an equal number of members as is possible shall expire each (b) Powers and Duties - the board of health shall be responsible for the formulation and enforcement of local rules and regulations affecting the environment and the public health and for the enforcement within the town of all state statutes and the provisions of the code of Massachusetts regulations affecting the public health. The board of health shall have all the other powers, duties and responsibility given to boards of health by general laws. Mr. Ebersole stated the almost exact same wording is in the Charter. ARTICLE XXVI SEWER COMMISSION Repeal SECTIONS 1 and 2 as they conflict with Town Charter sections 3-14 and Repeal SECTION 3 as it conflicts with Town Charter Section 3-1(a) Sewer Commission SECTION 1. Composition, Mode of Selection: - There shall be a sewer commission consisting of five members appointed for terms of three years each, so arranged that the terms of as nearly an equal number of members as is possible shall expire each year. SECTION 2. Powers and Duties-The board of sewer commissioners shall make careful studies of the resources, possibilities and needs of the town as they relate to the availability of sanitary sewers and shall make plans for the installation of a system of sanitary sewers and for the maintenance of a sanitary sewer system. The beard sewer commissioners shall develop a comprehensive or master plan for a town wide system of sanitary sewers, in graphic and ===PAGE 7=== textual form, policies to govern the future growth and development of the entire town. The board of sewer commissioners shall, in conjunction with other land use bodies, assist in developing a long range strategic plan for guiding town growth and development. The powers and authority of the sewer commissioners shall include oversight of the sewer enterprise fund, setting rates and charges for the use of the sanitary sewer system, ratification responsibility for the sewer business manager and providing advice to the board of seleetmen relating to intergovernmental agreements concerning sanitary sewers. The day-to day operation, care and maintenance of the sanitary sewers shall be under supervision of the town manager. SECTION 3. Sewer Business Manager - The appointment of a sewer business manager by the town manager shall become effective on the fifteenth day following the day on which notice of the appointment is filed with the board of sewer commissioners, unless the board of sewer commissioners shall, within that period and by a majority vote of all of its members, reject such appointment or has sooner voted to affirm it. Town Charter Article 3 Elected Officials, Section 3-14 Board of Sewer Commissioners reads: (a) Composition, Term of office - There shall be a board of sewer commissioners consisting of 5 members who shall be elected to terms of 3 years each, so arranged that the terms of as nearly an equal number of members as possible shall expire each year. (b) Powers and Duties - the board of sewer commissions shall make careful studies of the resources, possibilities and needs of the town as they relate to the availability of sanitary sewers and shall make plans for the installation of a system of sanitary sewers and for the maintenance of a sanitary sewer system. The board of sewer commissioners shall develop a comprehensive or master plan for a town -wide system of sanitary sewers, setting fourth, in graphic and textual form, policies to govern the future grown and development of the entire town. The board of sewer commissioners shall in conjunction with other land use bodies assist in developing a long-range strategic plan for guiding town growth and development. The powers and authority of the board of sewer commissioners shall include oversight of the sewer enterprise fund, setting rates and charges for the use of the sanitary sewer system, ratification responsibility for the sewer business manager and providing advice to the board of selectmen relating to intergovernmental agreements concerning sanitary sewers. The day-to-day operation, care and maintenance of the sanitary sewers shall be under the supervision of the town manager. (c) Appointments - the appointment of a sewer business manager by the town manager shall become effective on the fifteenth day following the day on which notice of the appointment is file with the board of seer commissioners, unless the board of sewer commissioners hall, within that period and by a majority vote of all of its members, reject such appointment or has sooner voted to affirm it. Town Charter Section 3-1 Elected Officials General Provisions (a) Elective Offices reads: the town offices to be filled by ballot of the whole town shall be ... and a board of sewer commissioners.... This is also in conflict with the Town Charter. ARTICLE XXVII CAPITAL PLANNING COMMITTEE Correct the reference to the Town Charter from "Section 6-6" to "Section 6-7." Mr. Ebersole stated this is just changing the section numbering. He recommended if there were any other comments to contact Chairman Rob Bowen or Kathy Herrick. Mr. Toale thanked Mr. Ebersole. Mr. Alonzo suggested appointing a Charter Review Committee at some point as the last one was in 2008 and is required to be reviewed every ten years. Annual Town Meeting Warrant signatures Motion: R. Ebersole To sign the Annual Town Meeting Warrant 2'd: T. Alonzo Vote: All in Favor The Board signed five copies of the annual town meeting warrant for legal posting. ===PAGE 8=== Ms. Lemieux asked the Board if they would like to have the pertinent committees come in for a presentation on the articles they were waiting to make a recommendation on before the town meeting. Suggestion was made to have the Cemetery Commission present on their request at the May 2^d meeting. Committee Reports: Ms. Luck reported the School Committee meeting last week was cancelled due to illness. She stated she attended the MA Congress of Lakes and Ponds Associations workshop last Friday. DEP Wetlands and Waterways Program representative presented on the new Chapter 91 General License Self Certification process for residential small dock and pier owners, which is applicable to all great ponds, navigable rivers and tidelands, Whalom Lake is Lunenburg's one great pond. All such docks and piers are required to be licensed and recorded on property deeds. She suggested Lunenburg be brought up to speed for this process. The Storm Water Task Force is meeting on Thursday. Mr. Alonzo reported Cable Advisory meets tomorrow. Finance Committee meets on Thursday. School Building Committee meets next Wednesday. Mr. Ebersole reported Sewer Commission is meeting tonight; one big topic continues to be infiltration inflow; trying to remove the extra water in the sewer system. Town Manager Report: Ms. Lemieux reported the Board has received a copy of an indoor air quality report for Town Hall conducted by the Department of Public Health in December 2016. They came to perform air quality testing and make visual observations of the building. Results of the air quality test indicated the carbon dioxide levels, temperature, humidity and particulate matter concentrations were below the recommended level and there was no detection of carbon monoxide. However, the visual observations include bird waste in the attic, high levels of moisture in the basement that have led to mold and a ventilation system that is not working properly. Mr. Lemieux and DPW Director Rodriquenz have been working together and taken the following steps to address the issues. A commercial restoration and cleaning company has been contacted to look at the basement and attic. They provided an estimate for cleaning the attic bird waste of $7,400. She contacted Massachusetts Interlocal Insurance Association (MIIA) to file a claim for mold remediation in the basement but unfortunately learned today from the claim adjuster that it will not be a covered incident. If there had been a recent incident that caused water damage, such as a broken pipe or structure that led to the mold, it would have been covered. At this time we do not have a cost estimate for the mold remediation. Outside of the mold remediation which includes restoration of records that we cannot destroy, there are a number of issues to get the basement to be weathertight. Staff has been advised not to enter the basement until further notice. The DPW Director has contacted a pest control company to control the rodent problem in the building; they will be working on sealing all holes to prevent future access by squirrels or other critters. The ventilation system and other building repairs will need to be addressed separately and a scope of work will need to be put together to establish a basis for getting bids for performing that work. Overall we are at a preliminary stage of assessment. We will address the attic and basement situations first. Ms. Lemieux reported she has received notification today from the Department of Revenue regarding the Community Compact Program and the submittal of our three best practices submitted. We will receive a grant up to $10,000 for the cost of a cyber security assessment; a grant up to $10,000 to implement a citizen communication engagement plan and a grant up to $25,000 for the stormwater measures to be implemented. She is working with the IT Director to finalize the scope of work for the cyber security assessment and the citizen communication engagement plan. She has contacted the Storm Water Task Force to request they provide a scope of work to implement the stormwater measures. PUBLIC COMMENT Chriztine Foltz, 284 Lancaster Ave, stated she had just left the Middle/High School gym where there are adult gym classes going on and it is a wonderful opportunity for people to work out and get trim. She encouraged everyone to participate. Mr. Ebersole reminded all of the Annual Town Meeting on Saturday, May 6" at 9:00 a.m. and the Town Election on May 20t from 7 a.m. to 5 p.m. ===PAGE 9=== Mr. Toale stated the next Selectmen meeting is on April 18'h to have the second round of interviews for the four finalist legal firms; the meeting starts at 6:00 p.m. Motion: R.Ebersole To adjourn the meeting at 8:13 p.m. Respectfully submitted, Elaikem Noterson Elaine M. Peterson Executive Assistant to the Town Manager 2"d: T. Alonzo Vote: All in Favor ======================================================================================== DOCUMENT : 2017-04-18-agenda-5073.txt BOARD : select-board DATE : 2017-04-18 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-04-18-agenda-5073.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04182017-5073 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2017-04-18-minutes-5073.txt BOARD : select-board DATE : 2017-04-18 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-04-18-minutes-5073.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04182017-5073 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== RECEIVED & FILED MAY 17 2017 LUNENBURG TOWN CLERK OFFICE BOARD OF SELECTMEN MINUTES Joseph F. Bilotta Meeting Room, Town Hall April 18, 2017 The Board of Selectmen met in the Bilotta Meeting Room, with Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Tom Alonzo, Clerk; Paula Bertram, Member; Phyllis Luck, Member and Town Manager Heather Lemieux. The meeting commenced at 6:00 p.m. with the Pledge of Allegiance. There was no public comment from the Board or the public. APPOINTMENTS Legal Counsel Request For Proposal Interviews Ms. Lemieux reported the four finalist firms were here for their second round of interviews and to address three categories: working with Sewer Commissions, on Tax Title sales and Host community agreements. They will give 10-15 minute presentations on their price proposals as well as any questions from the Board on those proposals. Deutsch Williams Attorneys Paul Derensis presented with Attorney Kimberly A. Saillant, a litigator with the firm. Attorney Derensis stated their firm proposed two options; an hourly rate or a flat retainer. Excluded from the retainer is litigation, real estate and labor counsel work. They represent a number of Sewer Commissions and authored the Cohasset Sewer Act and the Nantucket Sewer Act. These allow sewers to be constructed without automatically allowing people to tie into the sewer system. We recommend all communities adopt it to deal with various sewer issues. Deutsch Williams has performed numerous tax foreclosures in the past. We try to find shortcuts to save money. We got the Nantucket Foreclosure Act passed so that if the property was in tax title and the Order of Taking was more than five years old, it would be considered foreclosed without further proceedings. They have also contracted with third parties for all tax title sales and auctions. We have done a number of host community agreements, some for marijuana facilities and some for casinos. Mr. Toale asked him to expand on the steps getting the legislative acts passed and sharing the cost with the towns. Attorney Derensis stated he has a very good relationship with the legislature due to being an official of the Massachusetts Municipal Association and frequently lobbying for issues statewide that benefit all communities. It turns out not to be such a big deal to get legislation passed. Attorney Derensis stated as a Selectmen going into his eighth term he is on your side of the table. Attorney Saillant has been practicing municipal law for over twenty years. Prior to that she worked for the City of Boston as Assistant Corporation Counsel and prior to that she was in private practice. She presented firm brochures and municipal newsletters stating they liked to keep clients abreast of what is happening. She stated Derensis has more personal and professional experience than anyone else you are going to meet here tonight. In closing, Derensis stated he felt the flat retainer was the way to go for the Town. Mead, Talerman & Costa, LLC Attorneys Adam Costa & Jay Talerman appeared this evening. Talerman stated they formed this firm to do things slightly different. They wanted to do a preventative model, keeping costs down by preventing litigation. Their proposal has a full flat retainer fee; it's been incredibly effective in the towns that have employed it. They employ a partial flat fee that includes everything except litigation, or propose a basic hourly rate. Mr. Costa added we hold town office hours. Talerman stated he believed they have led the commonwealth on host agreements relative to large scale development projects that cover the gamut of issues. They have also done host agreements for casinos. Costa stated they work with Sewer Commissions in communities such as Marblehead, Chatham, Easton and Bellingham and have experience working with their issues. Talerman stated they ===PAGE 2=== generally rely on the few firms that do tax title work. They get involved when there are issues around foreclosure, problems with titles or other types of claims, an eviction, or when things get messy. Costa added we have a conveyancer in our office; an attorney who strictly deals with titles and real estate conveyancing. When asked which option most towns use, Talerman replied new clients are going for the flat fee. There are a few towns that feel they can go with a non-litigation flat fee. Murphy Hess Toomey & Lehane LLP Attorney David Deluca thanked the Board for asking them back tonight. He has been with this firm for over 25 years and practicing as town counsel for the last ten years. He also acknowledged Attorneys Brandon Moss and Kerry Jenness present tonight. Ms. Jenness was not able to make the first interview. She is in the town counsel group. As to the price proposal, it is very straightforward. The hourly rate is a little higher than most but because of our experience and knowledge in our area, we would very efficient. They have an attorney rate and a paralegal rate. Deluca personally represents eight towns on tax title counsel. They have had a great deal of success as they have a very good system and will work closely with your Collector office. A lot of that work is paralegal work. Attorney Moss stated over the last few years they are seeing increase in host agreements. They wrote one for Longmeadow that resulted in $5 million dollars for the town as a result of a casino going into Springfield. They are also working on marijuana host agreements and are very well versed in them. They have worked with Sewer Commissions on connection fees, takings, betterments and assessments. Ms. Jenness stated her experience was as Assistant City Solicitor in Lowell, City Solicitor in Methuen before joining this firm. Personally she finds working in a firm where she can bounce ideas off of other municipal attorneys to be very rewarding. Deluca stated we are a good blend with that personal contact and can provide the very best service. When asked about retainers, Deluca responded that sometimes doesn't necessarily work for the best for either side. Towns feel like they need to get their money's worth and some lawyers might tend to aim for litigation to get the higher rate. Miyares & Harrington LLP Attorneys Tom Harrington and Christopher Heep returned this evening. Attorney Heep addressed the price proposal first. The principal price proposal is a straight hourly rate of $205 per hour for firm partners and their counsel and $185 per hour for associates; $90 per hour for paralegals and $80 for travel time. They would expect under this proposal to be reimbursed for any out of pocket expenses that are incurred on the town's behalf but they do not charge for in-house or administrative costs. He stated they would be happy to discuss an alternative agreement with the town, a retainer or a partial flat fee. Those kinds of arrangements would cover town meetings, drafting bylaws, local regulations, all consultations with the Town Manager and Board of Selectmen, Selectmen individually, Board Chairs, Department Heads in Town Hall and preparation of ethics opinions, assistance with public records requests, zoning, other kinds of legal opinions, and day to day general services in Town Hall. Not included is litigation, major capital projects, non-routine undertakings of significant magnitude which tend to be projects that start out small but for whatever reason graduate into larger more labor intensive and time consuming projects. This would be something they could negotiate with the Town. What they did not include in the written response was a specific dollar amount for a retainer because that is the tricky part of a workable long-term retainer agreement. They would need to do some research on how you have used town counsel for previously, how you expect to use town counsel going forward, how much time town counsel has put in historically. What we think a retainer has to do in order to work over the long term is provide a monthly fee that is roughly approximate to our hourly rate that we would otherwise charge. We believe the hourly rate is a fair price for the work we provide for the town. Attorney Heep stated regarding host community agreements, they have done a great amount of them in the past couple of years. They use them in a number of different areas; with Chapter 61A, negotiating an agreement opting for the right of first refusal and negotiating property to the town as a gift. They also have created agreements with potential 40B developers, for TIF (tax increment financing) agreements and marijuana cultivation facilities. They have extensive experience working with sewer commissions in Shirley and Hopkinton. They do tax title work for some of our towns. Some opt to use specialized firms just for that. Ms. Lemieux reviewed the estimated cost for legal services for each firm based on general legal services and litigation fees based on 217.6 hours. The Board, Ms. Lemieux and Mr. Burney discussed all the firms and their ===PAGE 3=== preferred top choices. Deutsch Williams and Mead, Talerman and Costa were the two preferred out the four firms. Motion: P. Bertram 2": R. Ebersole To enter into negotiations with Mead, Talerman and Costa to serve as Town Counsel Vote: All in Favor Further discussion ensued about the new firm taking on current litigation. Ms. Lemieux will conduct the negotiations and bring it back to the Board. Mr. Toale thanked everyone for the amount of work they have put into the process. Mr. Ebersole echoed that, stating everyone on the Board participated, did their homework and came prepared. Complete Streets Policy Review and Possible Vote to Adopt (cont.) Ms. Lemieux stated this is follow up to the last meeting's discussion. The Board had discussed the draft policy. She made a few changes that were noted that evening. At the bottom of page 1, under Scope of Applicability; a sentence structure correction was made. On page 3, under Implementation (1A), it would be the advisory group and how that would be an appointed board or group by the Board of Selectmen. Discussion ensued about working with the DPW Director each year on the upcoming year's road projects and making it part of their goal and review setting as a Board. The Planning Board when looking at subdivisions and developments should also incorporate the multimodal aspects into their design elements. Motion: R.Ebersole 2°°: T. Alonzo To adopt the Complete Streets Policy as submitted with the typographical corrections incorporated Vote: All in Favor Discussion on Cable License Renewal Hearing Mr. Alonzo reported Cable Advisory Committee met with Town Counsel and determined Thursday, May 18h at 7:00 p.m. will be the public hearing for the cable license renewal. Comcast will need to be notified of the public hearing. It will be televised and Lunenburg Comcast subscribers are invited to attend with comments on their experiences with them concerning customer service, quality of broadcast, response time, etc. The hearing does not address rates or programming. Ms. Bertram reported PACC has developed a business plan for the next ten years, including an educational component, equipment needs and the studio component. Any comments made will be documented for the record at the hearing. Motion: R. Ebersole 2nd. P. Luck To approve the hearing date of May 18 at 7:00 p.m.at Town Hall Vote: All in Favor Minutes/ Warrants/Action File Issues The Board signed an accounts payable warrant in the amount of $160,317.85, a payroll warrant in the amount of $730,649.79 and a payroll deductions warrant in the amount of $159,760.77. Action File: Mr. Alonzo inquired about the larger and thicker "Pay as You Throw" trash bags option and if any progress had been made on ordering them. Ms. Lemieux will look in to it. Mr. Ebersole suggested scheduling a Board goal-setting session following the election with a new Selectman. Committee Reports: Ms. Luck reported School Committee meets next week. The Storm Water Task Force met on April 13th ". Drafts of four of seven minimum control measures were reviewed. This will be continued at their May 25" meeting. The Notice of Intent will be reviewed on June 22^d and on July 27" they will discuss which town boards and personnel will be responsible entities for best management practices. Questions arose that this Board needs to discuss. When would the Board want to review the Notice of Intent; after being reviewed by the Task Force, after the town's board and personnel responsibilities have been ascertained or when it is ready for submittal? How is the town going to ensure that these new best management practices will be followed by Town boards and personnel? Would the Selectmen want to receive copies of the control measures now in advance of the discussion? Who will sign off on the Notice of Intent? Mr. Ebersole stated he would like to see something that is almost a complete product but not necessarily the final so we have time to provide feedback. He would like to see what the department's responses are as well. He would like to see this publicized as this is going to affect everyone in town. He was fine with the Town ===PAGE 4=== Manager signing the Notice of Intent. He asked what the minimum is that we have to do to comply and what are the best practices? Ms. Bertram agreed with Mr. Ebersole but wanted to see it beforehand. She wanted to know what needs to be done and who is going to do it. It's important to include the financial component, if any and what it is. We have talked about a stormwater utility fee; that's a big part of it when we move in that direction. That may be something that departments have to answer depending on what their responsibilities are. Mr. Toale suggested the Storm Water Task Force schedule themselves on this Board agenda for whenever is more practicable. Mr. Alonzo stated there was some talk at the state level to transfer stormwater regulating from the federal EPA and place under the state. The task force may want to discuss if that happens. Ms. Bertram reported Conservation Commission is continuing to work on and is making headway on their regulations. MPO meets tomorrow; her hope was they would be actually voting on the Transportation Improvement Plan. She also will be providing the update from Trish Domigan on Summer Street at that meeting. Mr. Alonzo stated Cable Advisory met last week as stated above. The hearing will be advertised in the paper for the public. We are also requesting all pertinent reports from Comcast prior to the meeting. He again encouraged public comment at the hearing. School Building Committee meets next Wednesday; one item to be discussed is the remediation of the ice damage on the roof and how to prevent future damage. Mr. Ebersole reported the Sewer Commission continues to work on infiltration and inflow; reducing extra water going into the system. It is a complicated and expensive issue. He noted the Architectural Preservation District Commission is getting close to finalizing their regulations. They will be presenting them to the Board of Selectmen in the near future. Mr. Toale reported the Building Reuse Committee will hold their last meeting this week and their primary item is to put together the presentation for annual town meeting for their warrant articles. Ms. Lemieux reported to date she has met with the Council on Aging, Personnel Committee, Sewer Commission, Conservation Commission, Green Community Task Force, Building Reuse Committee, Capital Planning, Finance Committee, Storm Water Task Force and Cable Advisory. This week she will be attending the Library Board of Trustees meeting. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Matthew Kehrer submitted his resignation from the Architectural Preservation District Commission as he is unable to attend meetings due to work commitments and a new baby in the family. Mr. Toale thanked him for his service. He encouraged anyone who is interested to submit a talent bank form. Motion: R. Ebersole To accept Mr.Kehrer's resignation 2'°: T. Alonzo Vote: All in Favor Mr. Toale read aloud the reason for entering Executive Session, under MGL c.30A, §21; to conduct strategy sessions in preparation for negotiations with non-union personnel or to conduct collective bargaining session or contract negotiations with non-union personnel (Finance Director Contract) Motion: T. Alonzo 2nd: P. Bertram To enter Executive Session and adjourn immediately afterwards Vote: Ms. Luck-aye, Ms. Bertram- aye, Mr. Alonzo-aye, Mr. Ebersole-aye, Mr. Toale-aye The meeting adjourned at 8:26 p.m. Respectfully submitted, laine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2017-05-02-agenda-5074.txt BOARD : select-board DATE : 2017-05-02 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-05-02-agenda-5074.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_05022017-5074 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2017-05-02-minutes-5074.txt BOARD : select-board DATE : 2017-05-02 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-05-02-minutes-5074.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_05022017-5074 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== that RECEIVED & FILED JUN 0 7 2017 LUNENBURG TOWN CLERK OFFICE BOARD OF SELECTMEN MINUTES Joseph F. Bilotta Meeting Room, Town Hall May 2, 2017 The Board of Selectmen met in the Bilotta Meeting Room, with Jamie Toale, Chairman; Tom Alonzo, Clerk; Paula Bertram, Member; Phyllis Luck, Member and Town Manager Heather Lemieux. Not present: Robert Ebersole, Vice Chairman The meeting commenced at 7:00 p.m. Public Comment: Mr. Alonzo announced the May 18' 7:00 p.m. public hearing for the renewal of the Comcast cable license renewal. Mr. Toale announced Annual Town Meeting is this Saturday at the Middle/High School at 9:00 a.m. Memorial Day Observance will be Monday, May 29 at 10:00 a.m. at Veterans' Memorial Park, weather permitting. If it rains, they will move inside the Senior Center. Mr. Toale announced he attended a regional firefighter training exercise at Devens at the invitation of the Fire Chief Sullivan. The topic was building collapses. He commended them for staying abreast of these topics. DPW Director Rodriquenz stated he wanted to take the opportunity on behalf of the DPW family to thank Mr. Alonzo for his years of dedicated service to the Town. Mr. Alonzo thanked him. Katie Adams, 25 Williams Drive, stated she is opposed to Annual Town Meeting Articles 22-25. She believed they were undemocratic as they will take away the townspeople's ability to vote on what will be some big decisions on historic municipal space. 7:05 PM Entertainment License - 300 Holman Street; Jason Cohen d/b/a Forest Dance Applicant Jason Cohen presented with Production Manager Gregory Jones. Mr. Cohen stated they are in their fourth year of the Unifier Roots Gathering. They have created an LLC and plan on purchasing land in Tolland, Massachusetts but because nothing is under a contract yet, they need to find a location for this year. The property owner, Mr. Massey, 300 Holman Street has granted premission for them to use his land. Unifier brings together educators and artists; a combination yoga festival, sacred world music festival and a dance festival. It is also a live art show, place for interfaith ceremony, Permaculture, sculptural works and circus arts. It is a place to care for the land and to eat organic food and to be inspired and to inspire our children and elders. We are looking at a smaller gathering of a core group of people. Mr. Jones presented a video showing some of the events from previous gatherings. Mr. Cohen stated there has been concern expressed about the event. He noted there is a lot prayer and ceremony at the gathering with no alcohol or drugs. They eat organic food and support local farmers. They compost all of their food. They also have programming for children. Green River Festival. What distinguishes this event from others is this is an 8 to 80 age type of event, very unique and family oriented. Ms. Bertram stated she would like to hear from the Police and Fire Chiefs. She was concerned about the number of attendees and possible sanitation issues; mainly a potable water supply for sanitation washing. Also the potential parking concerns and fire access. She asked have you contacted the Board of Health yet and are all of the vendors you have contacted licensed through Nashoba Associated Boards of Health? She wanted to know about the event times, any noise ordinance and to make sure this event addresses past concerns from abutters about camping on the Holman Street property. Mr. Cohen stated they do have Tolland Board of Health inspector Valerie Byrd's contact information and her contact information for a reference. All of their vendors are SafeServ certified and have individual liability ===PAGE 2=== coverage. Ms. Bertram reiterated that her understanding was that they need to be licensed so he would have to check with the Nashoba Board of Health. As far as parking, two acres are planned to accommodate that. There is a space for emergency vehicles to access. They are waiving the fee for Thursday to encourage participants to come early and alleviate some of the traffic flow. They are prepared to hire a traffic detail for Friday and Sunday. Mr. Jones stated they are providing a portasam with water for handwashing and there will also be a water buffalo for water for other uses. Ms. Bertram noted those portasams also need to be permitted. Mr. Jones acknowledged that. Mr. Cohen stated we are not having a big bonfire, we have a small fire with three foot lengths of wood and it is monitored the entire time. It is located in a place surrounded by water on three sides. Darren Massey stated his property has 140 acres. There are eight acres of open fields. Mr. Massey stated as the property owner he is ensuring his property is safe for the event and he has done due diligence in checking on the applicant's past events and references as he wants to remain in good standing with the Town. Ms. Luck asked how much land was dedicated for the event. Mr. Cohen stated five acres. He added they used Google Earth to find a location for the stage that will not affect abutters and they are setting up a hotline that people can call into if they do hear noise so speakers could be adjusted accordingly. Camping will be on the west side of Mulpus Brook away from the conservation land. No swimming will be allowed in the pond and people will be asked to sign agreeing to not do so. Chief Marino did have public safety concerns with such a large group of attendees. He was also concerned about parking. Mr. Cohen stated they will have parking attendants with walkie talkies and orange safety vests. He asked if people were coming or going during the event. Mr. Jones stated some come for one day but the majority come for the weekend. Mr. Cohen stated they are capping attendance at 500. People start coming in Thursday afternoon but no events occur with a sound system speaker until Friday except some announcements. Chief Marino stated another concern is vehicles coming in and out on Chase Road especially on Sunday. Mr. Cohen stated people leave on different times on Sunday and some will leave on Monday morning. Chief Marino stated he would probably require some type of police presence with respect to the traffic. They would need to go over a traffic plan. Another concern was noise levels between 7:00 p.m. and 7:00 a.m. He added if there is a noise complaint we have to come down and this could increase service calls on the weekend. We may require a detail officer to address those concerns. Mr. Jones stated because there are so many things going on there could be a small percentage of people in front of the stage. Mr. Toale recommended delaying a decision until May 16" so they can meet with the appropriate departments to work out the finer details. Mr. Toale welcomed any public comment on this topic. Bill Kenerson from South Row Road stated he and his wife have both attended the Unifier Gathering in Tolland. He went for the day and she went for the weekend. He stated he has never attended such a well-organized event with so many respectful people. The place was spotless and people were very friendly. Staff was attentive to make sure everything was going well. Betsy Kenerson attended the festival. She is a nurse and was impressed by the cleanliness. It is an incredible event for all; a beautiful spiritual family event. Ms. Bertram agreed with Mr. Toale on not being ready to make a decision tonight. She requested feedback from the two Chiefs, Conservation Commission, Board of Health and the Land Use Director. Mr. Alonzo stated he was not certain as to what they are applying for as a weekday entertainment license. These usually are single day events. We need to look at what our authority is and what is the landowners' authority, public safety notwithstanding. As far as our licensing goes, this type of event has never happened before in town. Do we have the authority to offer these licenses for what they are seeking? Also, what is the Town's and the property owner's insurance liability? Mr. Cohen stated he already has spoken to Executive Assistant Peterson regarding the insurance coverage and we definitely have to protect ourselves as well. We have already named the Town of Lunenburg on our coverage. Mr. Jones stated every town's entertainment license is never precise to any event and you almost have to make them original for each event. Land Use Director Burney stated the entertainment license falls under the Board of Selectmen and this is something zoning would not concern itself with because it's not a use of the land but rather an event on the land. We have checked with legal counsel and it's a one time event. There is a commercial component to this that warrants a license. Mr. Cohen wanted to mention that they are applying for non-profit status as a 5010 3. Mr. Toale suggested coming back on the 16 after talking to the pertinent departments. Mr. Jones stated this event is open to the public. Ms. Luck asked about waste removal. Mr. Cohen stated they have staff that handle ===PAGE 3=== that. We recycle to seperate all the materials and compost the garbage. We like to leave theland cleaner than how we found it. The Board thanked them for coming this evening. Police Association Car Show Police Chief Jim Marino presented on behalf of the Lunenburg Police Relief Association to hold a Cruise Night on Wednesday, June 14, 2017 (rain date June 21) from 4 - 8 p.m. on Memorial Drive. We have checked with the School Department, the Council on Aging and the Teen Center and asked if they would be opposed to this event on Memorial Drive. We have invited members of the antique/classic/ hot rod car community. The purpose is to invite as many of the local businesses to come and promote their services in the center of town. Some of the local auto dealers will display new cars. We will have food vendors. We want to see how it goes and if it takes off to do something bigger next year. Mr. Alonzo asked if he talked to some of the local residents. Chief Marino stated he was waiting to get permission first. People would park at the school. We will have a local DJ playing music. A police officer (name unknown) stated he checked with the school and there are no events scheduled that night. We will direct traffic to enter through the school on Mass. Ave. and park there. Motion: P. Bertram 2'd: T. Alonzo To approve the Cruise Night event on June 14* with a raindate of June 21 from 4 - 8 p.m. with the stipulation the residents have no objections to the road being closed during that time Vote: All in Favor Annual Town Meeting Warrant Articles 22-25 Mr. Toale reported the four articles grant to the Board of Selectmen care, custody and control of the four municipal buildings for general municipal purposes and for the purpose of conveyance. The four properties are the Ritter Building, Town Hall, old Primary School and Brooks House. The warrants add the words "conveyance." The Building Reuse Committee feels very strongly that our ability as a town to market, negotiate, utilize buildings that are or may become surplus is enhanced by the ability of people who are responsible for that and who have a knowledge of all the associated data to be able to make that decision. That does not preclude in any way from involving the town; having public and marketing sessions, charrettes, etc. The Building Reuse Committee believes the Selectmen should have the ability to convey these properties if it becomes appropriate. The reason for revisiting it tonight prior to town meeting is the concern that not enough safeguards were in place. Building Reuse Committee member Damon McQuaid, 49 Brookview Terrace, reviewed the Village District and Architectural Preservation District (APD) bylaws as they pertain to the articles and the center of town. He stated the goal is not to take this out of the hands of townspeople. Town Meeting floor is a difficult place to design by committee what the residents want to see in the center of the town. The Planning Board and Architectural Preservation District Commission (APDC) would be the appropriate boards that decide that initially and get peoples' feedback on what they want rather than at the mad rush of Town Meeting floor. The Village Center bylaw uses allowed are retail with a maximum 5,000 square feet floor area, professional office space, personal services, artist space, restaurant, bed and breakfast, mixed use containing less that 5,000 square feet per individual proposed use, and civic uses. Uses allowed by Special Permit are single and two-family homes, multi-family homes, apartment complexes, movie house/theater(two screens maximum), liquor stores, outdoor markets subject to applicable licensing requirements, private clubs, drive through use for banks, retail use greater than 5,000 square feet and uses allowed by right with a floor area greater that 5,000 square feet included in a multiple commercial use or mixed use development. Special criteria provisions, prohibited uses and design standards were reviewed. He stated they spent over a year and a half holding public hearings, charrettes and doing research with the Historical Commission and Historical Society as to what's appropriate in the town center. Site design includes interior streets, walkways, and access, parking and loading areas, sidewalks, landscaping and street furniture. Moving on to the APD bylaw, he stated this is a second level of protection. Design standards are under "binding review" currently. This commission will be reviewing any demolition or alteration of a historic building in the center of town as well as any materials that are going to be used on the building. Height and proportion, relation ===PAGE 4=== of structures and spaces, shape, scale, directional expression, garages and accessory buildings and materials and methods of construction will be addressed by the regulations. The APDC will be holding public hearings on these criteria. He added he didn't see these ATM articles taking away anyone's voice. Mr. Toale stated the Building Reuse Committee will dissolve at Town Meeting and from that point on whatever we do/vote, becomes the responsibility of the Town. We propose that each building be taken as a separate building. Land Use Director Burney reported the APDC has forwarded their draft regulations to Town Counsel for review. Thay have scheduled a public hearing for those regulations for May 16' Mr. Alonzo asked if all four buildings were in the Village District and Architectural Preservation District. Mr. Burney stated yes. Mr. Alonzo stated the old Primary School Building was already conveyed to the Selectmen. He was initially against doing this initially because the APD guidelines were not ready. He was much more comfortable with this at this time. Ms. Bertram thanked Mr. McQuaid for coming forward stating it was helpful to hear. She still had concerns specific to the Ritter Memorial Building and Town Hall. She wasn't as concerned about the old Primary School but was about the parking availability for the Historical Society. She believed before they convey that building they should carve out a parking area for them. Ms. Bertram continued about Town Hall and Ritter Building; we talked about potentially adding onto this building and modifying it. We talked about the T.C. Passios Building and dividing it and using for municipal and other rental purposes. However she didn't know if it was ever presented to the town to get their comments and feedback. Second, she didn't know if an official decision has been made by this Board and did not know if we have identified the potential cost of that. She would like to have all of that answered before conveying our municipal buildings. Mr. Toale stated the plan to consolidate the municipal offices into T.C. Passios was approved by this Board and at town meeting. The result was that Town Hall and Ritter Building would become under-utilized or vacant. If we change direction, then Passios becomes excess space. We are most likely losing some of our Passios tenants. Our proposal that was approved at town meeting was to consolidate into Passios. There is an estimated cost of $4.7 million, which has no funding currently. We would need around 20,000 to 25,000 square feet which includes the PACC studio and the only building that can accomodate us is T.C. Passios. The original approved plan was to demolish one wing of the Passios to make it the size we were looking for and we have since said maybe we want to wait on that in order to generate rent during the transition period. Mr. Alonzo noted the Lunenburg Boys and Girls Club is outgrowing their building and property and might have some interest in using Passios also. That would free up the current Teen Center building. Further discussion ensued about what was approved previously and going forward. Ms. Bertram stated she would be opposed to Articles 22 and 25 at this point and Article 24 concerning the parking at the old Primary School. Mr. Toale stated if 24 passes the Board can convey the parking space as they see fit and stated he did not believe Town Meeting floor was the place to decide such things. Ms. Bertram stated they could agree that they disagreed. Mr. Toale stated this is a very complex issue with a a lot of data and variables. Our objective was to broaden our opportunities. Articles 34-35 Ms. Lemieux reported Mr. Ebersole drafted the bylaw articles handout based on the bylaw review committee's recommendations. Article 34: ARTICLE II TOWN ADMINISTRATION Add new bolded language to SECTION 1: SECTION 1. All Boards, standing committees and officers of the Town, shall keep proper records of all their doings and accounts. The records and vouchers of such boards, committees and officers shall be kept in their respective offices and shall not be removed therefrom; such records and vouchers shall be open to the inspection of the citizens of the town, the said records and vouchers remaining under the supervision of the board, committee or officer having charge thereof. Minutes of all town boards and committees must be approved in 30 days and periodic review of executive session quarterly. The minutes of all town boards and committees' meetings shall be filed with the Town Clerk within two (2) ===PAGE 5=== weeks after those minutes are approved by the board, and the minutes of all executive sessions of those boards and committees shall be filed with the Town Clerk within two (2) weeks of those minutes being made public. Minutes shall include the material substance of the discussions, including votes, and need not be a verbatim record unless otherwise required by law. ARTICLE 35. To see if the Town will vote to amend the Town By-laws to address substantive changes to Article II, Town Administration, Article V, Article VI, Article IX, Article XII, Article XXII, Article XXVI, and Article XXVII; or take any other action relative thereto. Discussion about the deadline for minutes ensued. Concern was expressed about the frequency of some committee's meetings and discouraging volunteers. Also who would enforce this? The Board took no action. CURRENT BUSINESS Tax Title and Foreclosure discussion (cont.) Ms. Lemieux presented an update from the previous discussion in March. A list of 63 tax title properties that might go to foreclosure or tax lien sale was presented by Treasurer/Collector Mallari. Ms. Lemieux stated a tax title assignment sale is the sale of tax liens that have gone through the tax-taking process but have not been foreclosed. Selling the lien does not transfer ownership. Under M.G.L. Chapter 60, § 52, the Treasurer has the authority to assign and transfer tax title(s), individually or bundled to the highest bidder. At the time of tax title sale, the Town recoups all the delinquent taxes, interest and all associated costs (legal, recording costs, advertising). Ms. Lemieux noted the Treasurer/Collector has committed to send a letter to the property owners 30 days in advance of the sale so they have the opportunity to pay the delinquent taxes. The average minimum cost to move a property through the Land Court foreclosure process is $3,500. Currently the Town only budgets $8,000 per year for tax title foreclosures (approximately two properties). Based on the list of properties the Conservation Commission has expressed interest in, it would cost the Town $56,000 to foreclose, create a deficit of approximately $180,000 in abated taxes and reduction of $1,208,400 from our Tax Levy. Foreclosure can take up to two years in Land Court. The original owner has a one year redemption period after final court ruling to pay the amount owed on the property. Land Court protects owners by allowing all available options to set up payment agreements). During the foreclosure process, it is not accruing the 16% interest. The percentage of Tax Titles that actually end up foreclosed is .2%. The public auction will attempt to recoup the value of all delinquent taxes and get them back on the tax rolls. Auctioning off foreclosed properties does not cost the Town money. The auctioneer adds a percentage of the sale on top of the auctioned price that the buyer is responsible for paying. Ms. Lemieux stated if a tax title company bought all the delinquent properties, they would bring all the taxes owed to the Town up to date. Currently the Town owns four foreclosed properties: • 1162 Mass Ave.-taxes owed dating back to 1983 = $119,111 • 98 Youngs Road- taxes owed dating back to 1990 = $65,684 • 425 W. Townsend Road -taxes owed dating back to 1993 = $70,114 • 485 Townsend Harbor Road -taxes owed dating back to 1988 = $83,029 Discussion centered on the assessed values of land and ability to recoup taxes owed and to foreclose on some more valuable properties and sell them off for a profit. It was suggested to hold a workshop on the tax title property list to divide which should go to foreclosure or to auction. Ms. Lemieux recommended postponing the traffic rules and regulations workshop scheduled for the 9*h and holding it on this topic. Ms. Lemieux thanked Ms. Mallari for all her work on this. CURRENT BUSINESS (CONT.) Review of Motions on Annual Town Meeting Articles ===PAGE 6=== Ms. Lemieux reviewed the motions for Annual Town Meeting with the Board. She reported Article 1 will be passed over as there are no reports to be heard. Article 5 requires a majority vote not a 2/3d's. The tentative amounts for Article 12 and Article 14 are $3,496.90 and $26,500 respectively. DPW Director Rodriquenz will read Article 18 for the Cemetery Commission. Articles 37 and 39 might be passed over if there are no substantive changes. Minutes/ Warrants/ Action File Issues Minutes of April 4 and April 11, 2017 were approved and signed. The Board signed a payroll deductions warrant in the amount of $517,670.97, a payroll warrant in the amount of $690,311.68 and an accounts payable warrant in the amount of $881,422.04. The Board signed a thank you letter to the members of the Architectural Preservation District Commission. Committee Reports: Ms. Luck reported the School Committee met on April 26"h. There was a transfer from the surplus in the school electricity line account of $45,000 to the capital improvement line account to be used for security equipment at the Primary School. They adopted a school lunch insufficient funds policy against school lunch debts and have already begun collecting money. They accepted $1600 in donations from Hannaford's and Fitchburg State University's professors. They meet again tomorrow. Ms. Luck attended the Central MA Stormwater Coalition Steering Committee meeting on April 24". They are up to 33 community members and Natick, Fitchburg and Marlborough are joining. There was discussion about the state taking over the Ms4 permitting. The coalition is not in favor of this because they don't believe the state will be as stringent as the EPA. Due to the current change in the federal administration, it is still up in the air. There was discussion around the need for each community to have its own flood plan survey and flood plan mitigation plan in place and it to be updated every five years. They meet again on June 26 in Auburn. The Storm Water Task Force met April 27 the Community Compact best practice. They decided on four different items. Land Use Director Burney will be drafting that recommendation and presenting it following a vote at their next meeting. Ms. Bertram reported the MPO met on April 19". They are working on the 2018-2022 Transportation Improvement Plan. They do not have enough projects to meet the available target funding. They are proposing a special meeting on May 10* at 6:00 p.m. to solicit proposals from member communities. There is a draft plan out now for public comment. She requested an update on the Chase Road project regarding the project's potential advertising date prior to the October 1" deadline. There is a draft Critical Urban Freight Corridors out for public comment. Mr. Alonzo reported Cable Advisory meets on May 15th ', three days before the public hearing on the cable license renewal. School Building Committee is scheduled to meet on May 10th . Finance Committee met last Thursday but he was unable to attend. Town Manager Report Ms. Lemieux reported on what's been accomplished and set in motion since she began in January; FY 2018 Budget, Community Compact Program, Complete Streets Program, Town Counsel Request for Proposals (RFP) and Sale of Municipal Buildings RFP. She stated she looked forward to making progress on other projects. Ms. Lemieux reported the DPW Director contracted a cleaning company for bird waste remediation in the Town Hall attic. Our office contacted the Secretary of State office to find out what our options are regarding records in the basement that are beyond repair. As long as we keep a record of permanent records that were destroyed, we can destroy them. DPW will set up an area in the parking lot at a future date for departments to determine what is to be destroyed or retained and cleaned. The next step will be to solicit quotes on making the basement waterproof. Ms. Lemieux received notification from the Lieutenant Governor's office that the Community Compact signing will be May 4* at 2:00 p.m. in the Public Library Community Room. This event will be open to the public. She announced National Grid will be installing a gas pipeline this week from the Whalom area rotary to the Electric Avenue intersection, turning north on Electric Avenue to the new Unitil Building site. National Grid ===PAGE 7=== will be providing gas service to Unitil because it is outside of the Unitil service area. It is unclear whether area residents will be able to tie into the gas pipeline. Mr. Toale announced tonight's Executive Session will be postponed to a later date. The next Board meeting is Tuesday, May 9". It will not be televised but is open to the public. There was no public comment other than Mr. Alonzo commending an attendee for sitting through the entire meeting this evening. Ms. Lemieux asked if the Board needed to meet before the town meeting. A fifteen minute meeting will be scheduled prior to it. Motion: P. Bertram To adjourn the meeting at 10:04 p.m. 2"d: T. Alonzo Vote: All in Favor Respectfully submitted, Elainem. Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2017-05-06-agenda-5025.txt BOARD : select-board DATE : 2017-05-06 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-05-06-agenda-5025.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_05062017-5025 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2017-05-09-agenda-5026.txt BOARD : select-board DATE : 2017-05-09 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-05-09-agenda-5026.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_05092017-5026 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2017-05-09-minutes-5026.txt BOARD : select-board DATE : 2017-05-09 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-05-09-minutes-5026.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_05092017-5026 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== TECEITEDED @ MAMAY * 7202017 L JUNENBURG TOWN CLERK OFFICE BOARD OF SELECTMEN MINUTES Joseph F. Bilotta Meeting Room, Town Hall May 9, 2017 The Board of Selectmen met in the Bilotta Meeting Room, with Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Paula Bertram, Member; Phyllis Luck, Member and Town Manager Heather Lemieux. Not present: Tom Alonzo, Clerk The meeting commenced at 7:00 p.m. Public Comment: Ms. Luck informed there is a workshop in Boston on May 23d presented by MCPPO (Massachusetts Certified Public Purchasing Official Are You a Member of a Public Board or Commission? Know Your Responsibilities. Ms. Bertram sent an email to DW Director Rodriquenz regarding a special MPO meeting on May 10"* as she wanted to know if there were any projects he had planned. The MPO is requesting communities to bring projects) information to discuss the potential of including the projects) in the TIP. Ms. Bertram will be attending. Mr. Ebersole stated in the Request for Proposals (RFP) process on the municipal buildings, if the developer had to put a deposit down, that would be returned if their proposal was not selected; could scare some developers off. He suggested looking at the RPF process going forward, having them only place a deposit if selected. Ms. Bertram requested a future agenda item to be what we do now as a result of town meeting; the TC Passios plan and where we go from here. Mr. Toale suggested adding this as a part of a workshop and including all municipal buildings so we have a capital plan for maintenance, etc. Mr. Toale announced he would attending the next Worcester County Selectmen's Association meeting which will focus on setting Town Manager goals. Katie Adams, 25 Williams Drive, stated she wanted to come tonight as she was very opposed to Articles 22-25 at the annual town meeting, concerning the sale of town buildings and indicated she wanted to volunteer her time to a committee or something. She did not believe we had surplus land in our town center and she believed Building Reuse Committee focused on the buildings but not on the future needs of municipal land. She believed there was enthusiasm for commercial development. She wanted to see more open space brought back. Annual Town Meeting Follow Up Mr. Toale asked if there was any short-term follow up from to the annual town meeting. Ms. Lemieux reported nothing short term. The municipal buildings will be more of a long term issue. Tax Title/Foreclosure Workshop Ms. Bertram stated she had drafted a list off of the Collector's tax title property list with her comments. Ms. Lemieux reported two properties on the list have entered into payment agreements with Collector Mallari so they will be removed. Ms. Bertram asked if the town was required to enter into a tax payment agreement with delinquent taxpayers/property owners. Ms. Lemieux replied yes. She stated Ms. Mallari has made every attempt ===PAGE 2=== to enter into payment agreements with the owners of these properties; making monthly payments and taking into consideration if they are elderly or need special consideration. Ms. Bertram stated moving forward we have to prioritize the properties and set a policy. What is the Selectmen's role in this in comparison to the Tax Collector? Ms. Lemieux stated the tax title role is completely at the discretion of the Treasurer/Collector by law. Ms. Mallari was looking to make sure the Selectmen and Conservation Commission were all on the same page and was seeking guidance. The foreclosure procedure to auction the property is the Selectmen's responsibility. Ms. Bertram stated she has researched all of the properties and referred to the Sunset Ave. and Hollis Roads parcels as high priority. Looking down the list, some properties have a low assessed value and in some cases the taxes owed exceed the land value. She believed it would be better to sell the lien and get rid of those properties. In some other circumstances it may make sense to look at the potential value of the property. 422 Mulpus Road is valued at $265,300 and taxes owed are $17,418.10. Ms. Lemieux stated the flip side of not selling those larger ones is that we will end going through the foreclosure process with them. Mr. Toale stated if there is a huge difference in value, people are going to pay that off before they let the property go into foreclosure. The tax title experts are efficient at doing this, they can get it done quickly and get people to pay up and if they don't, they collect the interest until they pay up. Mr. Ebersole stated this Board is not in the business to make money off of sale of these properties but in the business of collecting taxes. He would be more interested in looking at the properties to foreclose on in order to keep them. Mr. Ebersole stated once we foreclose on any properties with high values that have a building on them, we would be responsible for maintenance and liability of those buildings. Ms. Bertram stated as soon as we foreclose on it, we can auction it. Mr. Toale suggested turning over the entire bundle but choosing the ones we want to keep. Three options to keep in mind: take no action, keep or sell. Ms. Bertram believed when the Collector sends out letters to these property owners stating we are going to sell the lien or foreclose on the property, it will force many to pay their taxes. When it doesn't happen, we can foreclose. Ms. Bertram suggested moving the 250 and 356 Hollis Road and the 422 Mulpus Road properties to foreclosure. Another property was on 11 Valley Road. Ms. Bertram moved on to the property list that the Conservation Commission is interested in. The Board discussed Ruth Street and Flat Hill Road properties because they provide access to Lake Shirley. Questions arose about obligations and liability if the town owned the land and provided access to Lake Shirley. On 1529 Rear Mass Ave., Mr. Ebersole requested more conservation discussion on this property and wanted to know what the benefits are and does it affect trails, kayaking, other things like that. Next was 175 Pierce Street, 867 Rear Leominster Road and Braeburn Circle, all are on the back side of Massapoag Pond. There is no road access to these lands from Lunenburg and they do not appear to be buildable. It was suggested to communicate with Leominster to see if they have access to the land for possible joint conservation before leaving it on the list. 408 Lancaster Road abuts the town's Woodruff Property but doesn't add anything to it. 875 Flat Hill Road is tiny (.23 acres) but could provide access to Lake Shirley for recreational purposes. After discussion, it was decided to leave it on the list for tax title sale. 512 Mass Ave. abuts Hollis Road. It was decided to leave it on the list for tax title sale. 224 Townsend Harbor Road abuts the Cowdry Conservation land but has a house on it. It was decided to leave it on the list for tax title sale. 294 Holman Street abuts the Lane property. It was decided to leave it on the list for tax title sale. 422 Mulpus Road was discussed again; valued at $265,300 and taxes owed are $17,418.10. The Board requested more information on this property. 39 Wildwood Drive has 30.5 acres and abuts the Large Town Forest. The Board was interested in this parcel. 213 Island Road (.23 acres) is only valued at $1600.00 but the back taxes are $38,000. The owners are unknown. 230 Kilburn Street (5.8 acres) is valued at $126,100.00 and taxes owed total $9051.80. This is located at a problematic intersection. It was suggested to ask the DPW Director about this property and if there is no interest to keep it on the list. 220 Lancaster Road was kept on the list. 1229 Mass Ave. (Lunenburg Estates) was a former potential 40B site and could generate substantial revenue, if auctioned. 70 Pleasant St. was discussed next. Conversation went back and forth on whether to foreclose and auction or keep on the tax title list, if taxes aren't paid off. It was decided to leave it on the list for tax title sale. ===PAGE 3=== Discussion of a policy on tax title property ensued. It was suggested to have the Collector create a policy for tax title properties, including timing and process. Payment plans and failure to adhere to payment policies should be included. A realistic budget should be planned for next year for legal fees, collection and advertising. Minutes/ Warrants/ Action File Issues The Board signed an accounts payable warrant in the amount of $146,360.61. The Board signed the FY 17, 4" Quarter Water Commissioners Warrant and Collector's Commitment in the amount of $6355.68. Mr. Toale stated their next meeting is May 16". '. Does the Board want to meet on the 23d for a workshop at 6:00 p.m.? It was decided to have a meeting for setting goals and board reorganization. PUBLIC COMMENT: Ms. Bertram noted the stained ceiling tiles in the HS collaborative meeting have not been fixed yet. Mr. Ebersole stated he had sent an email to Facilities Director John Londa and it is being scheduled. The question was asked what will happen to the municipal buildings since the articles failed at town meeting. All five buildings are in the care and custody of the Selectmen but the only one they can sell is the old Primary School. Mr. Toale stated the Board will be discussing how to proceed in the near future. Katie Adams stated she found it ironic that the Board was talking about adding town conservation land while her passion is to preserve it here. That is how she and some people feel about this town land because some people may not have horses or snowmobiles or go hiking in the more remote parts of Lunenburg but may want to have a picnic or play Frisbee on a field. People have suggested the old Primary School lot be a parking lot for Ritter Building and Historical Society. Could the back of it be a garden or open space; could it be its own type of conservation land? This is something she would suggest similar to Central Park in New York City. Ms. Luck noted we have to see what we can afford. Ms. Bertram personally would like to see charrettes on the buildings. Ms. Adams stated she has found a lot of interested people and the next step is to get them to show up. She thinks there is a lot of passion about the Town Center. Motion: P. Bertram To adjourn the meeting at 9:36 p.m. 2"d: REbersole Vote: All in Favor Respectfully submitted, Elaire M. Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2017-05-16-agenda-5027.txt BOARD : select-board DATE : 2017-05-16 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-05-16-agenda-5027.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_05162017-5027 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2017-05-16-minutes-5027.txt BOARD : select-board DATE : 2017-05-16 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-05-16-minutes-5027.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_05162017-5027 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== RECEIVED & FILED JUN 07 2017 LUNENBURG TOWN CLERK OFFICE BOARD OF SELECTMEN MINUTES Joseph F. Bilotta Meeting Room, Town Hall May 16, 2017 The Board of Selectmen met in the Bilotta Meeting Room with Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Tom Alonzo, Clerk; Paula Bertram, Member; Phyllis Luck, Member and Town Manager Heather Lemieux. The meeting commenced at 7:00 p.m. with the Pledge of Allegiance. Public Comment: Mr. Alonzo reported the Cable License Public Hearing that was scheduled for this Thursday has been postponed. It has been tentatively rescheduled for June 15'h The Boys and Girls Club of Lunenburg "Are You Smarter Than Our Sixth Graders?" game show has been rescheduled for Friday, June 2° at 7:00 p.m. in the Middle/High School Auditorium. Mr. Alonzo thanked all involved with the Lunenburg Pops Concert on Friday. It was first rate and worth the performance. Mr. Ebersole stated the Architectural Preservation District Commission (APDC) has presented their regulations and guidelines for reuse in the Village District in the center of town. He encouraged people to look at them at the Town Clerk office. They are holding a hearing on them tonight. Mr. Ebersole clarified his position on the Annual Town Meeting articles concerning the reuse of the municipal buildings. He stated he opposed the articles because he wasn't ready for them to be turned over to the Board of Selectmen but he still supports the Building Reuse Committee's concept of selling the properties to developers for appropriate reuse in the center of town. Dave MacDonald, 155 Island Road, Building Reuse Committee member, thanked Mr. Alonzo for everything he has done for the Town and noted his volunteerism for several organizations. He thanked all the people who Board was going to do to revitalize the town center. The Town has adopted the Village District bylaw and he is proud of the Planning Board's work. If you look at the town center, you have two landlords; one is the Town and the other is the gentleman who owns everything else. That is a monopoly and shuts off a chance for opportunities. He stated another person at town meeting indicated she wanted green space in the center. That is good too but green space comes at a price. If you want to tear down Passios, it will cost the Town $1+ million based on estimates from two years ago. If you tear down the old Primary School, it will cost around $250,000 because that building has black mold inside it, which has to be removed first. Brooks House would cost around $45,000 to tear down. Total cost to the Town over $1.25 million. The Town does not have funding for that; that would be an override situation. If you tear down those three buildings, that leaves Town Hall and the Ritter Building. If you look at the report we have, to remodel Ritter would be between $2.5 and $3 million and that is not a full remodel. To renovate Town Hall, an engineering estimate from 2013 quoted $2.1 million. At this past town meeting, the Town approved $90,000 to paint Town Hall which he supports. The building has to be maintained but if we turn everything over to green space, we are losing a great deal of money. To ask voters to pass an override to spend money to create green space doesn't make any sense. Last year we approved the biggest budget ever. It also detracts from the work that everyone has done over the last four years which was to create opportunity. He urged everyone to call the Selectmen and Town Manager and tell them what they want. Look at the reports we have on file. He reminded everyone that Election Day is this Saturday and urged all to exercise their right to vote. Damon McQuaid, 49 Brookview Terrace, thanked Mr. Alonzo for all his years of service. ===PAGE 2=== Katie Adams, 45 Williams Drive, stated she spoke out about green space at town meeting. She has done extensive community outreach before and after town meeting and she believed some things are priceless. She did not think you could put a price on a field where people can have fairs and farmers markets. If you sell the land to a developer, who really profits off it? The developer, another landlord who we aren't able to control. APPOINTMENTS State Representative Jennifer Benson, Senator Jennifer Flanagan and Representative Stephan Hay Mr. Toale introduced the delegation and asked them to indulge him while he acknowledged Tom Alonzo. Tom and his wife Chriztine have lived in town since 1998. He served on the Finance Committee from 2003- 2005; has been a member of the Board of Selectmen since 2005 and served as Chairman four times. Tom served on the Town Charter Review Committee (2006-2007), Municipal WebTask Force (2011), Cable Advisory Committee and is a Town Hall Clockwinder. He serves on the Boys and Girls Club of Lunenburg Board of Directors and he is the game show host for their "Are You Smarter Than Our Sixth Graders?" He is on the School Building Committee (2015- present) and was a founding member of the Lunenburg Civic Forum. He congratulated Tom and thanked him for his service to the Town. Representative Benson presented a joint citiation on behalf of the House and Senate to Mr. Alonzo in recognition of his years of service to the Town of Lunenburg. She stated it takes a very dedicated person to volunteer so much time on so many boards. Town Manager Lemieux presented a bouquet of flowers as a small token of appreciation from the Board and on behalf of the Town for all his years of service. She added he was an example of what public service is all about. Mr. Alonzo related how he got involved in town government on a public activist committee and here he is twelve years later. He thought of this as going through twelve years of school and not so much as his retirement but more as a graduation. Some years are harder than others, some are easier and some subjects require homework. You meet your share of friends and adversaries. Every once in awhile you meet a bully but all in all there have been great mentors and teachers. In looking back, there have been successes and disappointments and the successes far outnumbered the latter. He believed the Selectmen's job is to help townspeople make decisions and you do that by keeping people informed and engaged. Mr. Alonzo thanked the past and present Board members, department heads, town employees and every elected and appointed board, commission and committee members. Everybody has brought their perspective. He also wanted to thank all the citizens of Lunenburg. This has been one of the most rewarding experiences of his life. He thanked his wonderful wife, Chriztine for her support, endless patience and her unwavering encouragement. He thanked everyone for showing up and everyone for their continued support. Updates from Delegation Representative Benson reported Representative Hay and herself have worked on the House budget. You have the numbers from that. Senator Flanagan stated the budget came out today from the Senate; the numbers are not what we are expecting. We are looking at lower numbers than what the House had. Beginning this afternoon our staff will be analyzing what that means for our cities and towns. It is going to be tricky to address many of the needs that communities have. Once the Ways and Means Committee meets and gets the two documents they have to rectify them, they are going to have to make some serious decisions. Representative Benson stated our number one goal is to get the money out to the cities and towns. She is the Chair of the Consumer Protection and Professional Licensure Committee which covers basically the old government regulations committee. They do everything from all kinds of licensing issues to all the alcohol laws, lottery, horse racing and a lot of consumer protection issues. They have a lot of bills in committee and are holding meetings on those bills. Many people have asked her if the state could go back to the health care reform that was in place before the Affordable Care Act. That is not going to be possible if what the Republicans pass through the House stands because they are changing Medicaid and we had partnered with the federal government to fund that. Without that funding we are looking at possibly a billion dollars leaving the state budget that supports health care. It's really going to impact us. There are a lot of other areas like environmental and transportation funding that could impact the Transportation Improvement Plan (TIP). We are looking at losing 15,000 jobs in the state if there are cuts in that program. ===PAGE 3=== Representative Hay reported he is on the Joint Committee of Higher Education, Joint Committee on Municipalities and Regional Government, Joint Committee on Economic Development and Emerging Technologies and the Joint Committee on Marijuana Policy. The Committee on Marijuana Policy has held five public hearings across the state. We have travelled to cities and towns and heard over 30 hours of testimony from constituents regarding their ideas and opinions on what we should do with recreational marijuana. There are a variety of issues that we will be addressing such as the marketing and packaging of edibles and the makeup of the commission. There is a priority for medical companies who already growing and selling to have a foot up in the permitting process. That raises a question of equity. There are questions about the farmers and agricultural people having the ability to grow and sell and make a profit. There is the driving while impaired question, the tax rate, the amount of homegrown that people can have. The opt out process for cities and towns is very cumbersome and we are looking at that. The expunging of criminal records has also been a big issue. The goal is to have something to the Governor by July ' He stated he has already arranged a meeting with Ms. Lemieux and the Police and Fire Chiefs on this topic. On May 8"i , he held a district public hearing at Fitchburg State University just for his constituents. Senator Flanagan reported she chairs the Mental Health Substance Use and Recovery Committee and the Children, Families and Persons with Disabilities Committee, she is Vice Chair of the Public Health Committee and the Public Service Committee. She also sits on the Consumer Protection and Professional Licensure Committee and the State Administration Committee. She talked about the increase in opioid overdoses and the impact on hospitals, emergency rooms and towns and cities. Mr. Alonzo asked if there was any uncertainty about state numbers. Rep. Hay stated the revenue projections this year are off by two percent. That makes a difference and we have to figure out how to balance that for the rest of this year. Next year's revenue projections will be held on a tight leash because we came up short this year. Rep. Benson stated we are constantly trying our best to figure out where the needs are and balance things as well as we can. The last thing we want to do is 9C cuts, required when projected revenues are less than projected spending; the absolute last resort. Our goal is to be more conservative. We do our best to try to fit as best as we can. Mr. Toale thanked them for coming in and stated they were welcome any time. The delegation exited the meeting. Street Cut Replacement Moratorium- Dept. of Public Works Director Rodriquenz Ms. Lemieux reported the draft policy before the board was created by DPW Director Rodriquenz. He presented an overview of a 5-year moratorium he is recommending be written into a formal policy. Simply put, if the road is paved, no one can cut into the road for five years. Because we realize there are emergencies and unforeseen infrastructure expansions, the draft goes into detail as to what happens when that is allowed. Suggestions made to add a statement that the DPW will notify property owners by mail prior to paving of their road of the 5-year moratorium requirements; to state the DPW will notify residents on affected roads six months in writing and under "Definitions," to be clear about what criteria constitute an exemption. It was decided to have Town counsel review it before a vote by the board is taken. Mr. Rodriquenz thanked the board for their feedback. Ms. Bertram stated she attended the MPO special meeting last week which was soliciting projects from communities for the Transportation Improvement Plan (TIP) due to excess funding. Two projects did come forward, however they are not ready. Although this year is off the table, there are three other available years eligible for funding. He thanked her and stated he was starting to look at projects. One thing they will have to identify is funding for engineering design. Entertainment License Hearing Unifier Roots Gathering (cont.) Jason Cohen and Greg Jones returned to address issues brought up at the May 2"d hearing. Mr. Cohen stated they met with the Board of Health last night and felt is was a good meeting. They have also spoken with Police and Fire Chiefs, Conservation and the Land Use Director and they believe they have been given a confidence by all the groups. Motion: P. Bertram 2nd. P. Luck To approve the Entertainment license for the Unifier Roots Gathering at 300 Holman Street on the condition they meet all the requirements of all Lunenburg Town departments Vote: All in Favor ===PAGE 4=== Land Use Director Burney reported this event will need electrical and plumbing permits which are not addressed in the current fee schedule. Upon consulting with the inspectors it was recommended the fees be set at $150.00 each. Plumbing is still indeterminate until the sight is seen. This would be a one-time amendment to the fee schedule for this event. This will be addressed at another meeting. Mr. Burney will put together a proposal for the next meeting. The Summer Street vote on property acquisitions and award of damages agenda item was postponed to a later date. Hadwen Market package store license 0003-PK-0636- Vote to return license to Ole Ahad Ms. Lemieux reported the buyer and seller could not come to terms on the purchase and sale agreement for the Hadwen Market package store license located at 1 Main Street. The Alcoholic Beverages Control Commission has advised Executive Assistant Peterson that the Board needs to vote for the license to be transferred back to the original seller, complete the Local Licensing Authority Summary Form, enclose letters from the buyer and seller detailing the sale never went through, and return all to them. Motion: T. Alonzo 2"°: P. Bertram To return the package store license #0003-PK-0636 to Old Ahad, d/b/a Hadwen Market Vote: All in Favor Mr. Toale announced the appointment of the Assistant Town Clerk would be postponed until the May 23 meeting. Minutes/ Warrants/ Action Pile Issues The Board signed an accounts payable warrant in the amount of $223,297.13, a payroll warrant in the amount of $752,557.36, a payroll deductions warrant in the amount of $164,257.61 and a Middle/High School project warrant in the amount of $140,153.47 The Board signed Minutes of April 18 and May 9, 2017. Action File: Ms. Luck requested to know where the flood plain survey and flood plan mitigation plan in place for the Town are located. Ms. Lemieux reported there was not one in the office or the Conservation Commission office. There is a hazard mitigation plan that mentions flood maps only. Ms. Luck will research it further. She reported at the Storm Water Task Force (SWTF) meeting we discussed a goal of trying to get more rain barrels into the community. Since we have established a revolving fund for placing revenue from sales of compost bins and rain barrels at cost and we are able to get a $5,400 annual grant to assist with that, we would like to offer a reduced price if we sell both items at the same time for $80.00 to encourage more people to buy them. This will be a future agenda item. Mr. Alonzo asked for an update on the larger size PAYT trash bags. Ms. Lemieux proposed buying a limited number of bags as a test run. Ms. Bertram requested a status report on the Lake Shirley dam inspection. Committee Reports: Ms. Luck reported the SWTF met on May 11 and voted on the specific tasks to be included in the Community Compact. Land Use Director Burney will work with the Town Manager to get that submitted. He offered to research literature aimed at controlling pollution from cars that ends up in stormwater runoff to have available at the Cruise Night event in June. SWTF meets again on May 25. The School Committee met on May 3'' and signed the new teachers' contract for FYs' 18 - 20 with the Lunenburg Education Association. It is estimated it will increase the school budget by 6% over the life of the contract. Ms. Bertram reported on the MPO meeting earlier in this meeting. Planning Board discussed the Use Table and Regulations. ===PAGE 5=== Mr. Alonzo reported Cable Advisory met last night but did not have a quorum. They did discuss a tentative new date of June 15 for the cable license hearing. It is this Board's responsibility to schedule and hold the hearing. He offered to remain on Cable Advisory Committee until the renewal of the cable license is completed. He offered the same for the School Building Committee but he did not think they would be meeting except for closure. Town Manager Report Ms. Lemieux reported the DPW Director has coordinated a Casella dumpster to be delivered for May 24** to Town Hall so departments can begin reviewing records and cleaning out the basement. Records that must be kept will be placed in a trailer for future mold remediation. The approximate cost for disposal will be $700.00. We continue to have a problem with insects and rodents in Town Hall that we will rely on facilities department Ms. Lemieux and Mr. Toale met with Richard Murphy, Executive Director of FLAAC regarding the Passios Building. They will be moving out of the building on August 8th . Going forward we will be monitoring the cost to operate the Passios and other municipal buildings. In March, we were notified that the grant request submitted by Fitchburg, the lead community along with Townsend and Lunenburg was awarded $42,257 for the design and construction of a regional animal shelter. However, Fitchburg has decided to pursue another avenue for animal shelter services and asked the Commonwealth if this grant can be transferred to the Town of Lunenburg. The Commonwealth agreed. Lunenburg will become the lead community. It will remain a regional grant because Townsend will be included. Both Clerical and Firefighters collective bargaining agreements expire on June 30". We have requested to begin bargaining with both unions through labor counsel. We have a meeting scheduled on May 23rd and are awaiting a date from the Clerical Union. Mr. Toale announced the next meeting will be a workshop and not televised. There is no meeting on May 30th He reminded all that Memorial Day Observance will be on May 29th at 10:00 a.m. at Veterans Memorial Park across from the Eagle House Senior Center. In case of rain, it will be inside the Senior Center. Our next televised meeting will be on June 6"h. He reminded everyone to vote in the Annual election on May 20th Quarterly Financial Report Town Accountant Karen Brochu presented a summary of revenues and expenditures up to March 31$l. Everything is on target; revenues were at 77.06% of the estimates for FY'17. Through March 31, we have collected 85.43% of the FY'17 local receipt estimates. She presented a breakdown of the local receipts. School departmental revenues, licenses and permits, motor vehicle excise taxes, special assessments and miscellaneous non-recurring revenue collected were all above what was estimated. Fines and forfeits and the local option meals tax were below estimates. We have collected 75.93% of the levy. We have collected what we anticipated under state aid at 74%. Under expenditures, 68.4% of what was budgeted has been expended or encumbered. Most issues were addressed at annual town meeting for the FY'17 budget. The Reserve Fund was reduced by $98,000, Town Manager salary line was reduced by $7,000 and we had a small surplus of $1750 in the annual audit line. We increased the Council on Aging budget by $3,100 due to changes in the MART reimbursement process and contract changes. We increased the animal control officer budget by $6,100 due to extended care of two abused pit bulls. There is going to be a surplus in the Monty Tech assessment of $9,209 at the close of the fiscal year due to changes in the assessment. In snow removal we did a supplemental appropriation of $166,000 at town meeting. There is still a small deficit that can be addressed internally in the DPW appropriation. Veterans benefits were reduced by $45,000 at annual town meeting. Health insurance was reduced by $31,100 and unemployment was reduced by $8,000. The majority of our reductions were used to offset snow and ice deficit. PUBLIC COMMENT: There was no further public comment. ===PAGE 6=== Mr. Toale stated they would be entering Executive Session under MGL c. 30A, §21, to conduct strategy sessions in preparation for negotiations with non-union personnel or to conduct collective bargaining session or contract negotiations with non-union personnel (Finance Director Contract). Motion: P.Bertram To enter Executive Session and adjourn afterwards Vote; Ms. Luck-aye, Mr. Bertram -aye,Mr. Alonzo- aye, Mr. Ebersole- aye, Mr.Toale-aye 2nd: T. Alonzo The meeting adjourned at 9:55 p.m. Respectfully submitted, Caine M. Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2017-05-18-agenda-5028.txt BOARD : select-board DATE : 2017-05-18 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-05-18-agenda-5028.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_05182017-5028 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2017-05-23-agenda-5029.txt BOARD : select-board DATE : 2017-05-23 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-05-23-agenda-5029.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_05232017-5029 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2017-05-23-minutes-5029.txt BOARD : select-board DATE : 2017-05-23 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-05-23-minutes-5029.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_05232017-5029 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== RECEIVED & FILED JUN 2 : 2017 LUNENBURG TOWN CLERK OFFICE BOARD OF SELECTMEN MINUTES Joseph F. Bilotta Meeting Room, Town Hall May 23, 2017 The Boad of Sleera me in the Bit Mein Room, Damon Toad, armane and Tober ole, ice Heather Lemieux. The meeting commenced at 6:05 p.m. with the Pledge of Allegiance. Board Reorganization Mr. Toale asked if there were any nominations for Chairman. Ms. Luck nominated Mr. Toale for Chair; seconded by Mr. McQuaid. Vote was unanimously in favor. Ms. Bertram nominated Mr. Ebersole for Vice Chairman; seconded by Ms. Luck. Vote was unanimously in favor. Mr. Ebersole nominated Ms. Bertram for Clerk; seconded by Mr. McQuaid. Vote was unanimously in Mr. Toale asked if there was any public comment from the Board. He congratulated Mr. McQuaid and Ms. Luck on their election wins. PUBLIC COMMENT Eric Short, 502 Holman Street, stated he was disappointed that he wasn't notified of the entertainment license issued for an event at 300 Holman Street. He requested the license be revoked and redo the process as laid out in the bylaws. Other Holman Street neighbors are retaining an attorney and are circulating a petition. Eric Blomgren, 272 Holman Street, stated he was shocked that there wasn't any notification or presentation. He thought it would be great somewhere else, not in a residential area. Ms. Bertram stated there was due diligence on behalf of the Board. This item appeared twice on our agendas because we had concerns and questions so it was continued. We did ask them to go to the Police, Fire, Conservation Commission and the Board of Health and we got notifications from all those departments. She was curious what section of the Board of Selectmen policies that he quoted. His response was Section 1.11, Public Comment: The Town Manager will ensure that persons who will be directly affected by proposed Board discussion or action will be notified by the date and time of the meeting at which the matter will be discussed or acted upon. Ms. Bertram stated the permit you are referring to was denied; that was to operate a campground through the Zoning Board of Appeals. Because this is a one-time event, it did not need to go through the Board of Appeals. They have satisfied the Board of Health requirements for all their vendors. He then referred to Section 4.07 Weekday (Public Entertainment License); held on weekdays only. Ms. Bertram stated there is no noise ordinance for specific times, however if there is a noise complaint, the Police Department will respond. Further discussion ensued on parking and other concerns. It was suggested to bring this to Town Counsel for guidance and then revisit the license requirements. It was also requested to ask about the authority of the Board to revoke the license. A Board of Health member who was present confirmed they only approved this one time event only. Mr. Toale stated this discussion would most likely be on the June 6" meeting agenda. Ms. Bertram stated she was happy to address any further concerns around the license, but was not inclined to revoke a license unless new information changes that or due to a procedural error. Dave Rodgers, 82 Highland Street, was concerned about the road opening moratorium procedures/policy; setting a policy for five years that may have ramifications. He would prefer to see other wording, such as directive rather than policy. ===PAGE 2=== Mr. Ebersole noted the Board's policy does not affect Route 2A. He encouraged Rodgers to make suggestions to the policy, as it was not approved yet. Discussion about the wording and exceptions ensued. Goal Setting for Town Manager and Board Members RECEIVED & FILED Previous Board Goals: • Stormwater Management Plan • Pavement Management Plan • Traffic Rules & Orders (an upcoming workshop) • Economic Development The Board discussed and agreed on the following goals for the next fiscal year: • Improve Public Satisfaction/Feedback and Public Outreach/Engagement • Infrastructure & Equipment Plan with a focus on Capital Plan • Economic Development (needs more defining) JUN 2 / 2017 LUNENBURG TOWN CLERK OFFICE Mr. Ebersole asked do we know what we need for town office space. Mr. Toale stated an estimated 20,000 to 25,000 square feet. The only building that can provide that is the T.C. Passios Building, but there is no final design. Ms. Bertram stated she wanted feedback from people about the Town's office needs/plans. Mr. Ebersole suggested a workshop on public buildings and to tour them again. Mr. Toale stated he would work with the Town Manager to update the building data. Ms. Lemieux presented her Town Manager Goals: • Transparent Government: including outreach; ensuring all are informed about town matters; using the website to engage the public, making it user-friendly, having information in the right places and including surveys; using a social media community page/newspapers/public access for informational purposes. • Budget and Finances: implementing/managing a balanced budget, implementing the auditors' management letter recommendations with the Finance Director; develop a five year financial forecast, including a five year capital plan and school capital needs (20 year plan), develop a Tax Title/Foreclosure Policy and provide a supporting budget; develop an Administrative Financial Policy and Procedures Manual with Financial Officers; monitor health insurance benefits and identify ways to control costs (OPEB) • Business & Economic Development-MRPC/DLTA Grant: promote existing businesses and improve their opportunity for successful operations, work to eliminate blighted properties to make the town more attractive to new business. Infrastructure maintenance/upkeep; improve roadways; implement a strategy to move forward on the future of the town buildings • Facilities and Energy Efficiency- develop a long-term plan to deal with the town's current infrastructure, work with the Green Community Task Force to apply for the next round of grant funding for projects; develop a building maintenance plan that will include repair and maintenance that can be included in the Capital Plan for large projects; Street Light Purchase Program • Personnel; create an Employee Handbook; update certain position descriptions including ones that are not listed in the Salary Administration Plan; work with Personnel Committee to implement employee performance evaluations; provide professional development opportunities for employees/boards and committees; provide grant administration: oversee the three Community Compact "Best Practices" to completion; e-permitting software grant, DLTA grant and the regional animal control shelter design grant. Long Term Goals: • Economic Development; identify priority development areas in town, identify resources for revitalization of vacant buildings ===PAGE 3=== • Review of Organizational Structure to make recommendations to the FY18 Charter Review Committee • Work with Land Use Director and Regional Chamber of Commerce and MassDevelopment for economic development opportunities Discussion ensued on the above suggestions and strategy going forward. RECEIVED & FILED Board of Selectmen Goals: Improve Public Satisfaction through Outreach/Community Involvement Development of an Infrastructure Plan Identify an Economic Development Plan & Tools to Implement JUN 2 1 2017 LUNENBURG TOWN CLERK OFFICE Town Manager Goals The Board suggested reducing to three or four goals for herself individually and delegating the work out to pertinent staff and committees. Discussion around the town manager review form ensued. Workshop Schedule: Traffic Rules and Regulations - June 20th Board of Selectmen Policies and Procedures - July 11" Town Buildings/Town Infrastructure - August 15th Economic Development (with Planning Board) - September 12" Board/Committee Goals (with Chairs) - October 10" Review the Fee Schedule for Temporary Wiring & Plumbing Permits There is a necessity to set fees for wiring and plumbing for special one-time events. The Interim Building Inspector has recommended setting the fees for both at $150.00 after discussing with both wiring and plumbing inspectors. Suggestion was made to look at all fee schedules for the Town at some point. Motion: R. Ebersole 2"': P. Bertram To set temporary wiring and plumbing fees at $150.00 each Discussion: David Passios, 56 Whiting Street, found it troubling to place fees after the fact of approving a permit. Mr. Ebersole stated he would agree if it applied to the entertainment license, but the applicant has not yet applied for the electrical and wiring permits. Mr. Toale stated this Board approved this license subject to the applicant adhering to the various department requirements. Mr. Passios repeated that the fees weren't in place at the time of the Board issuing the license. Ms. Bertram stated we can't ask the town to carry these costs or the inspectors to work for nothing for a profit-making event. Mr. Passios asked if there is a requirement for a public hearing on these new fees. Mr. Ebersole replied not if it is listed on the agenda. Vote: All in Favor New Date for Cable License Hearing Motion: P. Bertram To set a new date for June 15, 2017 for the cable license hearing date 2"d: P. Luck Vote: All in Favor Warrants/Action File Issues The Board signed an accounts payable warrant in the amount of $100,804.76. Action File: Ms. Bertram reported a discussion at the Conservation Commission meeting concerned a movement going around that wants the Board of Selectmen to approve docks on Lake Shirley as the owner of the property. She was concerned about that. The title search was unclear on who is the actual owner; we know we own the dam. The Conservation Commission Chair is looking for a policy from the Land Use Director on Lake Shirley. The other issue she wanted to mention was the forest management plan; they are moving forward with cutting at the small town forest due to significant insect infestation to the hemlock trees. There will be a public hearing on June 21S ===PAGE 4=== She also attended the MPO meeting. There was a TIP (Transportation Improvement Plan) workshop. We submitted a development TIP that is currently out for public comment. We did move some projects up. There is still funding available for 2018; they are under-programmed by $1.3 million. Mr. Toale submitted a sample thank you letter to the Board for the Building Reuse Committee. If anyone has any other suggestions, please let him know. Town Manager Report Ms. Lemieux reported the Lake Shirley Dam inspection is scheduled for November. The fee for that is $5,000. There is another mandated report that includes spillway calculations. The company that has done it previously has submitted an estimate of $28,000 for that report. The DPW Director is seeking other estimates. It was suggested to hold a workshop on Lake Shirley and to find out the status of the emergency action plan. Ms. Lemieux reported she received notification of an Information Technology grant award of $40,000 for e- permitting software. She will be working with the Land Use Director on which departments will be included in this. Ms. Bertram suggested meeting with land use departments to find out what their needs are before getting the software. we also received notification on the DLA grant for formation of business/town partnership. This will provide technical assistance from MRPC to facilitate charrettes and meetings with the business community, help them foster economic development for their business and identify economic development for the town. The first meeting for negotiations with the clerical union will be June 13". Mr. Toale reported the next meeting for this board is June 6th Public Comment: Katey Adams, 45 Williams Drive, stated she felt criticized about her opposing opinion regarding the town building warrant articles at annual town meeting. Dave Rodgers, 82 Highland Street, stated the word he was looking for regarding the road opening moratorium was "recommendation, "versus policy. He also suggested making a temporary appointment to a committee for a period of time so an individual could get their feet wet and see how they like it. Regarding the goals discussion, he did not think the Board and Town Manager could get everything done. The other thing that concerns him is that you need to get input from departments on issues. He did not believe Lunenburg was the destination for economic development. He had concerns about the Passios parking and the plan. He hoped no one believed it was practical to relocate the playground. EXECUTIVE SESSION MGL c.30A, §21; to conduct strategy sessions in preparation for negotiations with non-union personnel or to conduct collective bargaining session or contract negotiations with non-union personnel (Finance Director Contract) Motion: P. Bertram 2nd: R.Ebersole To enter Executive Sos on to conduct strategy sins i preparation for me gotiations with nor anine Vote: Ms. Bertram-aye, Mr. MeQuaid-aye, Ms. Luck-aye, Mr. Ebersole -aye, Mr. Toale-aye The meeting adjourned at 8:52 p.m. Respectfully submitted, claim Peterson Elaine M. Peterson Executive Assistant to the Town Manager RECEIVED & FILED JUN 2 / 2017 LUNENBURG TOWN ! CLERK OFFICE ======================================================================================== DOCUMENT : 2017-06-06-agenda-5030.txt BOARD : select-board DATE : 2017-06-06 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-06-06-agenda-5030.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06062017-5030 ======================================================================================== ===PAGE 1===