# select-board — 11 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 : 2017-08-22-minutes-5040.txt BOARD : select-board DATE : 2017-08-22 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-08-22-minutes-5040.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08222017-5040 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== RECEIVED & FILED SEP 1 3 2017 LUNENBURG TOWN CLERK OFFICE BOARD OF SELECTMEN MINUTES Joseph F. Bilotta Meeting Room, Town Hall August 22, 2017 Board of Selectmen: Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Paula Bertram, Clerk; Phyllis Luck, Member; Damon McQuaid, Member Also present: Heather Lemieux, Town Manager The meeting commenced at 7:00 p.m. with the Pledge of Allegiance. PUBLIC COMMENT: Ms. Bertram read a statement. "I would like to make a statement regarding the workshop held last week and the unsubstantiated claims and rumors that are running rampant on Facebook. Personally, I think that the workshop last week was a productive and thoughtful session and I truly appreciate the input and involvement of all the people that attended. It's unfortunate that the meeting was not televised and moving forward I hope that any discussion involving the plan for municipal buildings is televised. One of the first questions that I had regarding the potential reuse of the Passios as a Town Hall was what is the reasoning behind the proposal, what is it we are trying to fix? And I learned that the reasons are many: 1. There is significant work that needs to be done at the Town Hall and the Ritter a. Town Hall Needs: i. Mold Remediation ii. HVAC Repairs iii. Window Replacement iv. File Storage - Files had to be moved out of the dirt floor basement because of mold/water damage. The files located in the attic have to be moved because of their weight. b. Ritter Needs: 1. HVAC Replacement ii. Windows Replacement c. Parking for Town Hall continues to be a problem. d. There are no sprinkler systems in either the Town Hall or the Ritter 2. The cost of maintaining our existing buildings, just from a utilities perspective. We currently pay: a. Over $41,000 for the Town Hall b. Almost $30,000 for the Ritter c. Almost $62,000 for the Passios 3. Currently the Passios is vacant except for the few offices in use by the Superintendent and her staff. The estimated best case for utility cost for this nearly vacant building is nearly $48,000. Using money from the building revolving fund we can cover this for another year, but after that it will impact the Town's budget. 4. Does it make sense to leave this building vacant or to tear it down? It is in the best shape of all of our buildings based on the Tappe study which is available on the website and I encourage everyone to read it. Do we want it to end up like the old Primary? 5. There are many advantages of converting the TCP to municipal use or mixed use: a. All departments under one roof b. Savings on maintenance and utility costs c. Possible consolidation of services between school/municipal d. ADA compliance e. Parking f. Fire Protection ===PAGE 2=== And many others. More data needs to be collected on the potential cost of this proposal and the cost of a feasibility study is being explored for action by Town Meeting. Damon McQuaid, as a volunteer, presented a couple of sketches at the meeting showing a possible layout at the Passios for school and town offices and a conceptual sketch of a possible layout for the old primary site. It was made very clear it was conceptual only and just to give an idea of how the land could be utilized. No decisions were made regarding what to do with the site; or the Ritter. When the issue of the old primary being a 40R was raised, we all agreed that more research was needed on this issue and possible re-zoning may be needed. There was no plan presented for affordable housing - this is an unsubstantiated, unproductive rumor. At the meeting we unanimously agreed that public involvement on the future of all municipal buildings is needed. We intend to schedule charrettes, conduct a survey, publish as much information as possible on the website and use various media outlets. We are not operating in a vacuum and want the public's input. I would encourage everyone to attend the meetings and provide input. Facebook is a great tool to reach people and share information, but please before making allegations and putting out misinformation that leads to speculation and rumors; check your facts and most importantly get involved." Mr. McQuaid thanked Ms. Bertram as he had read through the conversations and was troubled by what was said. It is hurtful to have people think there is some kind of conspiracy or that we have developers lined up to get these buildings, especially as a volunteer that has spent so much time on it. Ms. Bertram stated we welcome your involvement and we are trying to do what we think is best and present it to you as a community. She encouraged everyone to get involved Mr. Toale agreed with Ms. Bertram. We agreed as a Board to have workshops, if it would be helpful to televise them; I have no objection at all. He did caution that sometimes they are working with spreadsheets or wordsmithing documents and it is difficult for the viewer to follow along. Mr. Ebersole added when it is preliminary information, that is not the time to get things up on the screen but as we get more fully developed and before we make decisions, then it is appropriate to set up in advance to be shown. Mr. Ebersole read a resolution that the Massachusetts General Court as well as Governor Baker and Lt. Governor Polito issued as a proclamation addressing neo-Nazism, white supremacy and white nationalism hate organizations, "strongly denouncing and opposing the totalitarian impulses, violence, xenophobic biases, and bigoted ideologies that are promoted by white nationalists and neo-Nazis," Katey Adams, 42 Williams Drive, did not appreciate anyone implying because she was at the workshop that she was involved in the negative comments on Facebook. Ms. Bertram stated her comments were not directed at Ms. Adams. She believed the fate of the buildings should not be up to the Board and it should be up to the townspeople. Ms. Adams stated if we move the offices to Passios, her biggest concern would be by moving everything there you are leaving the town center; there will no purpose to have a municipal existence in town center. If you read the Building Reuse Committee minutes and you watch the November 2016 Town Meeting, there has indeed been plans and meetings with developers. Passios needs significant work; there is most likely asbestos in the building. If you put Town Hall there, you are bringing the entire community into a school campus. In terms of the Tappe study, it was a space needs study. Regarding the figures being put out for the buildings; we talked about how expensive the Town Hall is, but did not say it generates $32,000 of revenue per year, which makes it a lot less expensive to run than is being presented. We are focusing on building costs. Some people are interested in is the heart of our community and the historic value of buildings. What is the value of open space for a community to come together? All we are talking about is the cost of renovations. She alleged she has not been appointed because if her voice isn't part of what you want to hear, you don't want to be a part of it. Ms. Bertram stated she did vote to appoint Ms. Adams and when you talk about us having an agenda; that is insulting. I am elected to make decisions based on facts. I did not take into account the $32,000 and I should have. However, I have been looking at the facts. I mentioned at that workshop that I lived in Pepperell and a town field would be a wonderful thing. I have not made up my mind definitively. She appreciated Ms. Adams' passion but with that there needs to be a mutual respect. Mr. McQuaid noted as the Building Reuse Committee minutes recorder, the only times they met with a developer which was very few, was to receive input on what could possibly work in town center, what somebody could be interested in. It is a reuse committee to look at the buildings to see what the potential is. Mr. ===PAGE 3=== Toale stated there would be a time and a place to talk about this item. There are a lot of facts that were worked on by a committee for four years that are being misinterpreted both tonight and on Facebook. Earth Removal Permit Renewals: Vote to renew permits and possible vote to not renew inactive sites and request closure plans Ms. Lemieux stated this is a follow up from a previous meeting. A letter was sent to all the earth removal permit holders informing them of this meeting and discussion. Land Use Director Adam Burney noted some permits may be questionable whether they are doing activity or not and the deadline to renew the permits is coming up. He recommended allotting a shorter term than one year to facilitate not taking their permit away, but allowing them to present any evidence that they are or are not removing and to extend the conversation into September or October. That way you are not running up against effectively taking their permit away and requiring them to go through the application process again. He suggested three months. Betty Jane Montouri, representing her mother for the 186 Massachusetts Avenue site, stated they take some out in the fall for the greenhouse and in early spring to fix the flea market and more for the greenhouse. We do use it, just not as much as we used to. Discussion ensued on how to determine what parts of each parcel are active or inactive. It was suggested site visits may be needed. Motion: R. Ebersole 2nd. P. Bertram To renew permit # 1 until November 30, 2017 with the understanding that if the term is extended for the full term the applicant does not need to reapply or pay another fee Vote: All in Favor Moe Langlois, Operations Manager for P. J. Keating Company, stated the permit renewal process this year caught them off guard. They are struggling with the fact that the permits don't have parcel numbers attached to them. Our properties although appearing dormant, have reserves that can be excavated. We are respectively asking to renew all of our permits which allows us to truly locate which ones they are, create action plans to either excavate further or come up with a closure plan by the end of the permit term. Discussion ensued and the Board was more comfortable with the 90 day term, at which point they could extend another 90 days or allot the full term. Mr. Langlois stated although they received the letter and were aware of the meeting; they were not informed of the sites Building Commissioner Rhodes considered inactive. Ms. Bertram stated they could provide a list to them from the Building Inspector. Motion: R. Ebersole 20°: P. Bertram To renew permits #14, 15, 16, 17, 18, 19, 27, 28 29, 30, 42 until November 30, 2017 with the understanding that if the term is extended for the full term the applicant does not need to reapply or pay another fee Discussion: Ms. Luck noted Leominster-Shirley Road is very dusty. Mr. Langlois stated they have extended their hours on the water truck on their property to mitigate dust. Last year they paved additional aprons to give them opportunity to clean the truck wheels before entering Route 70. They have been watering up to the road and at times have watered across the road. They have received complaints from neighbors saying they shouldn't be watering the road so they are unsure of where their boundaries are. Can the town provide guidance on what is allowable? The Board will need to research that further. Vote: All in Favor Motion: R. Ebersole 2: P. Bertram To renew permits # 32 and 54 until November 30, 2017 with the understanding that if the term is extended for the full term the applicant does not need to reapply or pay another fee Vote: All in Favor A follow up letter will be sent to all permit owners. The Board will review the closure recommendations presented by Mr. Burney as well. Tollbooth Fundraiser Request- Boys & Girls Club of Lunenburg on 9/9/2017 Tom Alonzo, 284 Lancaster Avenue, and Board member of the Boys and Girls Club, reported they would like to be on Lancaster Avenue during the Fair. He stated he checked with Police Chief Marino and he did not see any safety issues as there will be a police detail on duty. We will be parked on the edge of the road from 11:00 a.m. to 3:00 p.m. ===PAGE 4=== Motion: R. Ebersole 2nd. P. Bertram To approve the request for the tollbooth fundraiser Ms. Bertram stated the DPW Director does have some concerns. Discussion ensued about the traffic pattern. Ms. Lemieux stated we are still waiting on waiver forms. Mr. Alonzo stated he would get them to the office. Mr. Toale asked Lisa Normandin if the Lions' Club had any input regarding the tollbooth request. Ms. Normandin stated she just found out about the request and would need to run it by the fair committee. We have free parking and admission. Mr. Alonzo stated we will make it clear that it is a voluntary toll; we will tell volunteers that you can't approach anyone and can only stand there with the buckets. We just want to go where the traffic is. Vote: All in Favor Mr. Alonzo thanked the Board. Mr. Ebersole suggested revisiting the tollbooth policy regarding reasons for denial. One Day Special License and Weekday Entertainment License at the Stillman Country Fair for Lunenburg Turkey Hill Family Lions Club President Lisa Normandin stated she filled out both application forms as requested. Everyone that is going to be serving is TIPS certified. Police, Fire and Public Works have knowledge of the event and there will be a meeting the Wednesday before the event to address any last minute details. Motion: P. Bertram 2nd: D. McQuaid To approve the one day alcoholic beverage license and the weekday entertainment license for the Lunenburg Family Lions Club for September 9, 2017 Discussion: Mr. Ebersole asked if we require liquor liability for the license. Ms. Lemieux stated our policy does not require it. It will need to be addressed for the future. Vote: All in Favor CURRENT BUSINESS Lions Club Request for Signage on Town Property Ms. Normandin stated she did not speak to the DPW Director regarding this request. There was an email from Director Rodriquenz stating it would not be a problem and the DPW would install them. He just wanted to know where they would be going to avoid sign congestion. Motion: P. Bertram 2^d: P. Luck To approve the signage request from the Lunenburg Turkey Hill Family Lions Club with the provision that they work with the DPW Director Discussion: Mr. Ebersole suggested a policy for signage requests from non-profit groups. Vote: All in Favor Ms. Normandin thanked the Board. Vote on Color to Repaint Town Hall Ms. Lemieux reported at the August 8th meeting, we discussed the survey that solicited input on what color the Town Hall should be painted and to be included in the bid package. The survey generated around 600 responses with 85.33% choosing white. Under the comment section many people commented painting the Town Hall white with black trim, shutters and detail black would look the best. Her recommendation was the same so as to make the architectural details stand out. Motion: P. Bertram 2"d: R. Ebersole To paint Town Hall white with black shutters and detail Discussion: Mr. McQuaid asked how much detail is being painted black. Ms. Bertram amended her motion to just black shutters and doors. Mr. Ebersole seconded the motion. Mr. McQuaid stated he was glad we reached out for public comment, but did note we went with the popular vote over what is historical. Further discussion ensued on the color. Vote: All in Favor Follow-up on the PAYT Extra Large Bag, Cost for Heavier grade large bag and Survey Results ===PAGE 5=== Ms. Lemieux reported at the August 8th meeting the Board had requested a residents' survey on potential changes to the PAYT trash bags which included adding a 40 gallon extra large trash bag, increasing the thickness of the large bag to 1.75 mil and changing from a twist tie to a drawstring. She presented the survey results which was a 50-50 split between making no changes (37.47%), other changes not listed (17.43%) and adding an extra large bag (15.63%), increasing the thickness of the large bag (27.45%) or both (21.04%). 74% of the respondents would like the bags to be drawstring. Other items the Board asked for additional information on was the amount of additional plastic these bag changes would require and how many Waste Zero clients have a bag larger than 30 gallons. An extra large bag would require 33% more plastic than the current large bag and increase the mil to 1.75 which would be 16.5% more plastic. Waste Zero has three communities that offer bags larger than 30 gallons. Taunton sells a 35 gallon bag only, Ayer sells a 15 gallon bag (20% of sales), a 33 gallon bag (54% of sales) and a 40 gallon bag (26% of sales). Gloucester sells a 15 gallon (15% of sales) and 35 gallon (85% of sales). Based on the results she recommended adding the extra large bag as a pilot, increasing the thickness of the bag and making the bags drawstring style. Purchasing the minimum order of 50 cases of extra large bags will allow us to see the demand for this size bag and the ability to discontinue it after all are sold based on usage. This would not be included in the Waste Zero contract agreement and would be an additional 4-6 cents charge per bag if included in the retail distribution program; bringing the cost per bag to $4.04/ $4.06 per bag or $20.20- $20.30 per roll. Increasing the thickness of the large bags will increase the price by 1 cent per bag and change the pricing for a roll of bags from $12.75 to $12.80/roll. There is no added cost for changing from twist ties to drawstring. Ms. Luck asked when we pay trash hauling charges. Ms. Lemieux stated on a monthly basis. Discussion ensued on the total cost of ordering extra large bags Motion: R. Ebersole 2"d: P. Bertram To accept Town Manager's recommendation for the PAYT bags Vote: Mr. Toale-aye, Mr. Ebersole-aye, Ms. Bertram -aye, Ms. Luck- nay, Mr. McQuaid-aye I-Mobile Lease Agreement for Town Hall Another follow up from the August 8th meeting, Ms. Lemieux looked into signing a Memorandum of Understanding (MOU) with T-Mobile and solicited feedback from other communities on the industry standard for communications lease agreement term lengths. Legal Counsel believed it was unlikely T-Mobile would sign a MOU but an alternative could be the Board grant them a Use and Occupancy license for up to one year that would allow them to continue use of the Town Hall clock tower for their equipment in exchange for paying the current lease payment pending a new long-term lease. Previously, the Board signed a 1-year lease with Verizon in April 2017. Northampton signed a 20 year lease in 2011 and will be putting out a Request for Proposals (RFP) for another property for a 20 year lease. Halifax has a 20 year lease in five year increments. She recommended granting a Use and Occupancy license to T-Mobile for the current lease payment amount pending approval at fall Town Meeting for a 20 year lease agreement with an additional five year extension and awarded to the responsible high bidder as determined through a RFP process. It was suggested to award five year increments due to possible inflation. Motion: R. Ebersole 2": D. McQuaid To accept the Town Manager's recommendation Discussion: Ms. Bertram and Ms. Luck preferred a 10 year lease. Ms. Lemieux reported the Board has authority to issue up to a ten year agreement; we would have to go to Town Meeting for a twenty year term. Mr. Ebersole amended his motion to a Use and Occupancy license to T-Mobile pending approval at fall town meeting for a ten year lease with three five year extensions 2id: P. Bertram Vote: All in Favor Town Manager Evaluation form and FY 2018 goals for the Board and Town Manager Mr. Toale referred the Board to the draft Town Manager Performance Evaluation form. Rather than the previous point system of rating, it was changed to "exceeds expectations", "meets expectations" and "needs improvement." Discussion ensued on the rating system. Motion: R. Ebersole 2"d: P. Luck ===PAGE 6=== To accept the Town Manager Performance Evaluation form as presented including goals and objectives as review with the understanding that we have a to do list of coming back to see how we are actually going to determine compensation adjustments Discussion: Ms. Bertram was not in favor as she believed the numeric rating was important. Mr. Ebersole added if we have a divergence of "meets, exceeds, does not meet," in the board ratings, that needs to be included in the composite review. Mr. Toale was willing to take input on how that best gets discussed and expressed. It was also noted on the second (6.) Schedule workshop to discuss the evaluation process, compile information to improve future evaluations and discuss agreed upon goals and objectives for the Selectmen and Town Manager. This would be done by the Chair. Vote: Mr. Toale-aye, Mr. Ebersole-aye, Ms. Bertram -nay, Ms. Luck-aye, Mr. McQuaid-aye Mr. Toale stated there is more work to be done on the Selectmen goals. Discussion ensued about the staff effectiveness and supervisory oversight and direction sections and how to implement them. Ms. Lemieux encouraged each Board member to meet with her individually. Salary Reserve Transfer Due to the new contract for Finance Director/Town Accountant Karen Brochu, a reserve transfer of $15,492.80 was requested from Salary Reserve 11322-578000 to Finance Director/Town Accountant Salary 11351-511000 and $480.00 from Salary Reserve 11322-578000 to Finance Director/Town Accountant Cell Phone Stipend 11351-519011. Chairman Toale signed the transfer request. Minutes/ Warrants/Action File Issues The Board signed an accounts payable warrant in the amount of $279,944.75, a payroll warrant in the amount of $606,312.28 and a payroll deductions warrant in the amount of $118,883.13 The Board approved minutes of August 1, 2017. Ms. Luck noted that this month's Legal Counsel's office hours were booked. Have the hours been expanded in this initial phase of switching over? Ms. Lemieux reminded Ms. Luck it was going to be an action item to bring before this Board. It was suggested to observe to see if there was a further need for more hours. Committee Reports Mr. McQuaid reported the Planning Board is holding a public hearing for an application for construction of a 6 MW large-scale ground-mounted photovoltaic installation at 994 Northfield Road by William Gustus. The meeting is August 28th at 6:35 p.m. at Town Hall. Capital Planning had their first meeting on August 15* Town Manager gave a status update of FY2018 projects. The next meeting is September 5th at 5:30 p.m. Mr. McQuaid is the Capital Planning Committee Chairman. Ms. Luck reported School Committee discussed the Capital Planning process and set goals for School Superintendent Calmes for 2017- 2018. They are holding a meeting tomorrow evening and will appoint their Charter Review Committee representatives. The Zoning Board of Appeals is considering the application of Robert Barry, 191 Cross Road, to install a 23.04 K W ground-mounted solar array on an 8.2 acre site at the same address. The Storm Water Task Force meets on the 24* ". Ms. Luck attended the Central MA Regional Stormwater Coalition Steering Committee meeting. They are planning workshops to benefit members. The next Steering Committee meeting will be October 3"d. The annual meeting will be November 16" and they are hoping town managers will attend. Ms. Luck and Ms. Lemieux met with Bruno Fischer of MART regarding the low ridership on the shuttle van. Ms. Bertram reported Cable Advisory Committee continues to negotiate with Comcast on the cable license. Their next meeting is September 7th Mr. Ebersole reported the Sewer Commission reorganized on August 15th . Joe Anderson is Chairman, Carl Luck is Vice Chairman and Joan Pease is Clerk. Town Manager Report Ms. Lemieux reported the Town Hall basement mold abatement has begun and is about 50% completed. ===PAGE 7=== The cost is about $47,000 for that portion of the project. Ms. Bertram asked about the attic. Ms. Lemieux stated the bird waste was cleaned up at the cost of around $7,000. All the stored records need to be moved out. She is recommending they be stored at the Passios Building. Treasurer/Collector Mallari has provided an updated list of tax title properties and there are a total of 48 properties as of August 14, compared to 64 in May, due to owners either paying their outstanding taxes or entering into a tax payment agreement. After presentations from two e-permitting software companies, Viewpoint and Permit Eyes, and a cost proposal from a third, we have decided to proceed with Viewpoint. Their demonstration was superior and the ease of use by the staff and outside users of the software was evident in contrast with Permit Eyes. Land Use Director Adam Burney is finalizing the services that Viewpoint will provide and we hope to begin training in the fall with a soft integration in January 2018 and going live with external users in early spring. Training of all internal users and ease of use with the software is a primary goal in order to see this successfully utilized and create as smooth a transition as possible. Ms. Bertram asked if the land use departments attended this presentation. Ms. Lemieux stated they were all invited but only the Building Department was represented. Ms. Bertram asked what was the annual cost for the software. Ms. Lemieux stated approximately $32,000. There will be technology fees charged per user to alleviate that cost. Ms. Lemieux announced the foreclosure auction for the five vacant town-owned properties will be August 29" at 1:00 p.m. in the Bilotta meeting room at Town Hall. INTERVIEWS/APPOINTMENTS/RE-APPOINTMENTS Election Officers: the following officers are up for reappointment: Warden: Janice P. Carrier (R); Deputy Warden: Michael Gale (R) Clerks: Kathleen M. Pliska(D) and Darlene E. Steele (D), Inspectors: Ellen Aubuchon (D) and B. Ellen Gale (R); Inspectors: Ellen Aubuchon (D) and B. Ellen Gale (R); Motion: R. Ebersole 2": P. Bertram To reappoint the following election officers: Warden: Janice P. Carrier (R); Deputy Warden: Michael Gale (R) Clerks: Kathleen M. Pliska(D) and Darlene E. Steele (D), Inspectors: Ellen Aubuchon (D) and B. Ellen Gale (R); Inspectors: Ellen Aubuchon (D) and B. Ellen Gale (R) Vote: All in Favor Charter Review Committee The following have been selected by their committees or Town Moderator Murphy for the Charter Review Committee: Board of Selectmen: Jamie Toale and Bob Ebersole Planning Board: Michael-Ray Jeffreys Finance Committee: Terri Burchfield and Mark Erickson Town Moderator: Milree Keeling and Steven Archambault School Committee: no recommendations to date Motion:R. Ebersole To ratify the Charter Review Committee appointments as listed 2nd: P. Bertram Vote: All in Favor Mr. Ebersole will organize the first meeting. MRPC Alternate/ MJTC Appointee- Michael- Ray Jeffreys Motion: R. Ebersole 2nd. D. McQuaid To appoint Michael Ray Jeffreys as the MRPC Alternate and MJTC Representative Vote: All in Favor Mr. Toale reported the next Selectmen meetings are September Sth ', a September 12 workshop on economic development and September 19" PUBLIC COMMENT: Julia Callahan, 24 Beal Street, stated she came to begin participating in local government, to listen to and witness its operation first hand. She is very interested in the town center future and is disheartened at what she ===PAGE 8=== witnessed tonight. It seems that any opposition to the current plan to move town offices to Passios is being belittled and silenced. Perhaps you can let us know when and where we can have our voices heard openly and respectively. Ms. Bertram stated everyone has a right to debate and their opinion. She believed it needs to be done respectfully and appreciates the passion of all of the people that have commented. All she is asking is rather than viewing the Board as the enemy, that we work together. Her goal is to involve the town but to do so in an exchange of ideas and she is in favor of a lot of the ideas on town space, of preserving green space. To be seen as having a hidden agenda or as holding a workshop being a secretive way to do things; she has been on this board almost twelve years. We have always had workshops. As a citizen and as you do, I have a right to comment on that. Katey Adams, 45 Williams Drive, returned to the podium and alleged she was slandered during her sticker write- in election campaign. Mr. Toale ended public comment: Motion: R. Ebersole 2^: P. Bertram To enter Executive Session pursuant to G.L.c. 30A, §21, to discuss strategy with respect to litigation, (i) Town of Lunenburg v. Alleva, Worcester Housing Court Docket No. 16H85CV000812, (ii.) Cronin et al. v. Town of Lunenburg Zoning Board of Appeals, Appeals Court Docket No. 2017-P-0099, (iii.) O'Brien Homes Inc. et al. v. Planning Board for the Town of Lunenburg, Land Court Docket Nos. 13 MISC 477878 -13 MISC 477887, (iv) Town of Lunenburg v. Unitil, if an open meeting may have detrimental effect on the government's bargaining or litigating positions, and to adjourn immediately afterwards. Vote: Ms. Luck-aye, Mr. McQuaid-aye, Ms. Bertram- aye, Mr. Ebersole-aye, Mr. Toale-aye The meeting was adjourned at 9:13 p.m. Respectfully submitted, Elaire m Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2017-08-30-agenda-5041.txt BOARD : select-board DATE : 2017-08-30 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-08-30-agenda-5041.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08302017-5041 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN August 30, 2017; 6:30 PM Ritter Building Marion Benson Room 960 Massachusetts Avenue AGENDA JOINT MEETING WITH PLANNING BOARD 6:30 PM CALL THE MEETING TO ORDER VOTE TO ENTER EXECUTIVE SESSION Executive Session M.G.L. c.30A, §21; To discuss strategy with respect to collective bargaining or litigation, if an open meeting may have a detrimental effect on the government’s bargaining or litigating positions, and the Chair declares so. (O’Brien Homes, Inc. et al. v. Planning Board for the Town of Lunenburg, Land Court Docket Nos. 13 MISC 477878 through 13 MISC 477887) EXIT EXECUTIVE SESSION ADJOURN ======================================================================================== DOCUMENT : 2017-08-30-agenda-5078.txt BOARD : select-board DATE : 2017-08-30 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-08-30-agenda-5078.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08302017-5078 ======================================================================================== ===PAGE 1=== Select Board Meeting- Executive Session1. ======================================================================================== DOCUMENT : 2017-08-30-minutes-5078.txt BOARD : select-board DATE : 2017-08-30 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-08-30-minutes-5078.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08302017-5078 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Also present: Attorney Joel Bard of KP Law, PC; Lunenburg Planning Board members Greg Bittner, Matthew Allison, Ken Chenis, David Prokowiew, Michael-Ray Jeffreys The meeting commenced at 6:34 p.m. Mr. Toale read aloud the reason for entering Executive Session. Executive Session M.G.L. c.30A, 821; To discuss strategy with respect to collective bargaining or litigation, if an open meeting may have a detrimental effect on the government's bargaining or litigating positions, and the Chair declares so. (O'Brien Homes, Inc. et al. v. Planning Board for the Town of Lunenburg, Land Court Docket Nos. 13 MISC 477878 through 13 MISC 477887) Attorney Bard corrected to the "Town of Lunenburg v. O'Brien Homes, Inc." Motion: B. Ebersole 2": P. Bertram To enter Executive Session to discuss strategy with respect to litigation if an open meeting would have a detrimental effect of the government's litigating position and the Chair declares so Vote: Ms. Luck-aye, Mr. McQuaid-aye, Ms. Bertram- aye, Mr. Ebersole-aye, Mr. Toale - aye Planning Board Chairman Bittner announced the reason for entering Executive Session. Motion: D. Prokowiew 2nd. K. Chenis To enter Executive Session to discuss strategy with respect to litigation if an open meeting would have a detrimental effect of the government's litigating position and the Chair declares so and to not return to open meeting Vote: Mr. Allison-aye, Mr. Jeffreys- aye, Mr. Prokowiew-aye, Mr. Bittner-aye, Mr. Chenis- aye Mr. Ebersole amended his motion to state they would adjourn from Executive Session and not return to the open meeting. Seconded by Ms. Bertram Vote: Ms. Luck- aye, Mr. McQuaid-aye, Ms. Bertram- aye, Mr. Ebersole-aye, Mr. Toale - aye Attorney Bard reported the Planning Board has denied ten different subdivision plans from O'Brien Homes in an attempt to try to have them comply with zoning bylaw section 5.6 which says you cannot subdivide greater than 25 acres without certain conditions. This was appealed by O'Brien Homes and there was a trial in January/ February 2016 and we are still awaiting the judge's decision. Six months later we were shown photographs that O'Brien had largely built out the subdivision and brought it down to Howard Street. There was some discussion on what could be done. There is a Planning Board subdivision rule and regulation that says you can't build a subdivision or do any work in preparation unless you have an approved subdivision. We went to court and asked for a court ordered injunction. The land court judge denied the request for an injunction on his theory that clearing 100+ feet of right of way, grading etc. was not preparation for the subdivision. K P Law recommended an appeal on the grounds that the judge was incorrect as a matter of law. The appeals court agreed with us but said there was a contested issue of fact, namely did O'Brien Hones do this with the intention of simply creating these 100 foot wide roads so he could go in and do his testing? Mr. Bard stated what is scheduled for next week is a two day trial to determine whether O'Brien is being misleading or if he graded 100 feet of roadway just to ===PAGE 2=== minimum of two town representatives visit the site before and after work is done. Several changes to the draft agreement were discussed, specifically notice and timing of site inspections and reasons for approving and denying work. Discussion ensued again on other possible outcomes if the trial is canceled and both parties come to agreement as well as possible decisions by the court if going to trial. A straw poll was taken on which direction to go. Motion: R. Ebersole 2nd: P. Bertram To not approve the settlement agreement and proceed with the lawsuit Mr. Ebersole-aye, Ms. Bertram - aye, Mr. McQuaid- aye, Ms. Luck- nay, Mr. Toale- aye Motion: M. Jeffreys To not approve the settlement agreement and proceed with the lawsuit Mr. Allison- aye, Mr. Jeffreys -aye, Mr. Prokowiew-aye, Mr. Chenis- nay, Mr. Bittner-aye 2n: D. Prokowiew Motion: R. Ebersole To adjourn the meeting Vote: Ms. Luck- aye, Mr. McQuaid-aye, Ms. Bertram- aye, Mr. Ebersole-aye, Mr. Toale -aye 2"°: P. Bertram Motion: K. Chenis 2"°: M. Allison To adjourn the meeting Vote: Mr. Allison-aye, Mr. Jeffreys-aye, Mr. Prokowiew-aye, Mr. Bittner-aye, Mr. Chenis-aye The meeting adjourned at 8:06 p.m. Respectfully submitted, Elainem. Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2017-09-05-agenda-5042.txt BOARD : select-board DATE : 2017-09-05 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-09-05-agenda-5042.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09052017-5042 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN September 5, 2017 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being recorded and broadcast over the Lunenburg Public Access channel. 7:00 PM PLEDGE OF ALLEGIANCE PUBLIC COMMENT  BOARD  PUBLIC ANNOUNCEMENTS APPOINTMENTS 7:05 PM St. Boniface Parish 1 Day Beer & Wine License for October 7, 2017 7:10 PM Historical Society request to use municipal parking lot on October 8th- Chuck Venezia/Bill Tyler 7:15 PM Tollbooth fundraiser location change- Lunenburg Boys and Girls Club CURRENT BUSINESS 1. Traffic Rules & Regulations Follow-up Discussion 2. Five Year Moratorium Policy for Road Opening 3. Use of Information Technology Resources Policy for Employees, Boards and Committees 4. Board of Selectmen Goals 5. Minutes/ Warrants/ Action File Issues: Approve Executive Session Minutes of June 21, 2016, August 9, 2016 and January 24, 2017 (Unitil Ice Storm) 6. Committee Reports: Board of Health; Cable Advisory Committee; Capital Planning Committee; Conservation Commission; Finance Committee; Library Board of Trustees; MART Advisory; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission; Storm Water Task Force; ZBA 7. Town Manager Reports or Department Reports INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Ratification of School Committee Appointment to Charter Review Committee: Michael Mackin, 26 Cortland Circle PUBLIC COMMENT  PUBLIC  BOARD Executive Session . M.G.L. c. 30A, §21, To discuss strategy with respect to litigation, if an open meeting may have a detrimental effect on the government’s bargaining or litigating position, and the Chair declares so, namely Laura Caron- Gustus v. Town of Lunenburg, The Board of Selectmen and Kerry Speidel, Individual; (Worcester Superior Court- Civil Action No. WOCV2013-0054C) UPCOMING MEETING/EVENTS SCHEDULE- September 12, September 19, October 3 ADJOURN ======================================================================================== DOCUMENT : 2017-09-05-minutes-5042.txt BOARD : select-board DATE : 2017-09-05 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-09-05-minutes-5042.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09052017-5042 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== get 13 80 fit RECEIVED & FILED BOARD OF SELECTMEN OCT 0 5 2017 MINUTES Joseph F. Bilotta Meeting Room, Town Hall LUNENBURG TOWN CLERK OFFICE September 5, 2017 Board of Selectmen: Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Paula Bertram, Clerk; Phyllis Luck, Member; Damon McQuaid, Member Also present: Heather Lemieux, Town Manager The meeting commenced at 7:00 p.m. with the Pledge of Allegiance. PUBLIC COMMENT: Mr. Toale opened with the following comment, . "While not required by law and even discouraged in nearby towns, it has been the tradition of the Board of Selectmen to encourage public input at our meetings through Public Comment. Section 1.11 of the Board of Selectmen Policies and Procedures spells out the intentions of the Board to: • Strengthen communication with citizens • Increase citizen participation • And encourage input into board decisions These guidelines call for a public comment section of the meeting of no more than 15 minutes with no more than 3 minutes allowed per speaker, but gives considerable discretion to the Chairman. It has been my practice to give considerable leeway to those wishing to speak, even allowing questions or brief statements on matters under consideration during our meetings. When topics brought up during Public Comment appear to require a lengthily response or detailed discussion, we usually put off this discussion to a future meeting for two reasons: 1. It gives us a chance to review the topic, the facts and gather the appropriate resources to have a productive discussion, and 2. More importantly, it lets us put it on a posted agenda and publicize this upcoming discussion, so that all residents that would like to participate in the discussion may attend and be heard. I hope this makes the role of Public Comment during our meetings clear and I hope many of our residents take advantage of this opportunity to be heard." Mr. Ebersole wanted to thank the Lunenburg Fire Department for their efforts in collecting goods and cash to be brought down to Texas in the aftermath of Hurricane Harvey. The initial Charter Review Committee meeting will be September 6th at 7:00 p.m. at the Ritter Building. It will be an organizational meeting. Mr. Toale announced the Board of Selectmen will have a volunteer booth at the Stillman Country Fair this Saturday. There will be Talent Bank Forms available. Anyone who is interested in town committees and boards is welcome to stop by. He also welcomed anyone who wanted to help staff the booth to contact him. Dave Rodgers, 82 Highland Street, requested the Board increase and champion for the protection of persons and property. The Public Safety Building (Police and Fire) is not manned 24 hours per day/365 days per year. He encouraged this be addressed by the pertinent departments. Katey Adams, 45 Williams Drive, apologized for her comments on August 22, stating she was frustrated and concerned after the Board voted to consolidate all town offices at T.C. Passios on August 15' ===PAGE 2=== APPOINTMENTS St. Boniface Parish 1 Day Beer and Wine License for October 7, 2017 Tom Bodkin, 64 Beal Street, and Claude Poirier, 68 Wildwood Road, presented on behalf of the license application. They would like the one day special license for beer and wine between the hours of 1:00 and 7:00 p.m. Mr. Poirier stated there would only be five people serving versus seven who took TIPS training for the event. He stated he had a plan showing where on the grounds the beer and wine would be served and would send it to Executive Assistant Peterson tomorrow morning. Chief Marino had no issues with the license. Motion: P. Bertram 2"°: D. McQuaid To approve the One Day Special License (Beer & Wine) for St. Boniface Parish on October 7, 2017 between the hours of 1-7 p.m. on October 7, 2017, pending satisfactory approval of the CORI checks by staff Vote: All in Favor Historical Society Request to use municipal parking lot on October 8, 2017 Chuck Venezia and Bill Tyler, members of the Historical Society, presented to request permission to use the old Primary School parking lot for a yard sale and a craft sale on Sunday, October 8"h. . Ms. Bertram asked about a plot plan for parking and table location. Mr. Venezia said they were waiting to see what kind of repsonse they would get but had planned on 10' × 10: areas for each person. Motion: P. Bertram 2". R. Ebersole To approve the use of the Primary School parking lot for the Lunenburg Historical Society fundraiser/yard sale on October 8, 2017 Discussion: Mr. Toale asked if the society coordinated with the Farmer's Market about the event. Mr. Venezia stated they attended their last meeting and there will be some events they are planning also. Vote: All in Favor Mr. Venezia and Mr. Tyler thanked the Board. Venezia stated they have a pillary now and if anyone wants to stop by for a photo opportunity, it would be great to see you all. Tollbooth Fundraiser Location Change- Lunenburg Boys and Girls Club Jim Laveck reported theBoys & Girls Club would like to change their location for their tollbooth fundraiser on the 9th to Massachusetts Avenue and Lancaster Avenue. Motion: P. Bertram 2"d: R.Ebersole To approve the location change for the Boys & Girls Club tollbooth fundraiser from Lancaster Avenue to the intersection of Lancaster Ave and Massachusetts Ave. Mr. Toale asked if Chief Marino had any concerns. Chief Marino stated as long as they wear the safety vests he was fine with it. Vote: All in Favor CURRENT BUSINESS 1. Traffic Rules & Orders Follow-up Discussion Chief Marino reported he had submitted a letter to Ms. Lemieux requesting articles be placed on the Special Town Meeting warrant regarding accepting new speed regulation laws and Chapter 90, § 20A ½ which will bring us into compliance with the fine section for parking violations. He also sent a letter asking the Board to consider some truck exclusions. MRC will do the study, if approved. Chief Marino moved on to the Traffic Rules & Orders. In Article III, Section 3.2, "Any person who" is now changed to "No person shall..." Section 3-4 (a) Superintendent of streets is now changed to Department of Public Works (DPW) Director. Article V. Tow Away Zones was amended as well as Article IX, Penalties and Repeals had some changes. Also added was Schedule XI, Fines. Mr. Ebersole asked if the fines collected from Section IX, on page 42, would go directly to the Town. Chief Marino said yes. Mr. Ebersole asked if these fines would affect one's auto insurance rates. Chief Marino stated in many cases, yes. There is an appeal process in place also. Ms. Bertram asked if the handicapped parking on Holman Street shouldn't be listed under Schedule I-A, Off Street Parking Areas. Chief Marino stated it should. Ms. Bertram stated in Schedule IV, Isolated Stop Signs, we had talked about private stop signs. Chief Marino stated Land Use Director Burney is working on that ===PAGE 3=== process. Mr. Ebersole noted under Schedule VII, 20 MPH School Zones, Turkey Hill Middle School needs to be changed to Turkey Hill Elementary School. Also, under Oak Ave. to a point 650 ft. south, north also needs to be added. The Town needs to adopt this first and then send them to MassDOT for review. Motion: R. Ebersole 2°d: P. Bertram To adopt the Traffic Rules and Orders as submitted with the correction to the 20 MPH School Zone on Oak Avenue and the addition of handicapped parking on Holman Street (near the Lane Property) to Schedule I-A Discussion: Mr. Ebersole clarified this is the adoption of the current orders with some improvements and additional work to be done on stops signs and other parking. Vote: All in Favor The Board thanked Chief Marino for his work on these rules. 2. Five Year Moratorium Policy for Road Opening DPW Director Rodriquenz stated this policy protects the Town's financial investment in our roads. The moratorium section is very small. The policy states for a period of five years from the date of completion of paving as a road, that no disturbances to the pavement shall be allowed. The majority of the policy speaks to exemptions and procedures for exemption and appeal. The road opening permit application fee has not been he would use local newspapers, town website, televised meetings, letters to residents and phone calls for notifications. Suggestion was made to create a checklist for notifications to utilities, residents and others who would be affected. Greg Bittner, Planning Board Chair, had concerns about the moratorium affecting a big project that could bring in revenue for the Town. He offered to help get the word out via the Planning Board about roads being paved. Mr. Rodriquenz stated a development is much more dynamic than installing water service and something he would talk to his supervisor about. There are a whole myriad of exemptions. Motion: R. Ebersole 2nd. P. Bertram That we approve the policy with the following changes: deleting the second sentence in Policy Statement; adding the words "or designee" after Town Manager under V. Exemption Procedure (F) and (G); adding the line "Decision to be issued within 14 days," to Sections V. (F) and (G); under VI. Fees (A.) Application Fee, amending to read, "The application fee for a Street Improvement Permit shall be in accordance with the fee schedule as adopted by the Board of Selectmen"; under Section VII (C) amend to read, "Impacted bike lanes or sidewalks shall be restored in their entirety as approved by the DPW Director"; and under Section VII. (A) (1) delete the words "in his/her sole discretion." Vote: All in Favor The Board requested Mr. Rodriquenz provide a fee schedule as soon as possible so they could adopt it. 3. Use of Information Technology Resources Policy for Employees, Boards and Committees Mr. Toale noted there are two policies, one for appointed and elected board/committee members and one for employees. Ms. Lemieux reported Labor Counsel Marc Terry drafted these for the Town. She and IT Director Malindrinos also reviewed it and made some changes. Motion: P. Bertram 2nd: R.Ebersole To adopt the Use of Information Technology Resources Policy for Appointed and Elected Board/Committee Members and Employees Vote: All in Favor 4. Board of Selectmen Goals Mr. Toale stated he would like to keep this item on the agenda to plan to make progress in each of their three goals. We are working on the infrastructure plan through the budget and the Capital Planning process and finally economic development. Next week at our September 12 workshop meeting we will be discussing economic development with the Planning Board members and the assistance of Land Use Director Burney and Ms. Lemieux. This meeting will be televised. ===PAGE 4=== Minutes/ Warrants/Action File Issues The Board signed accounts payable warrants in the amounts of $220,743.95 and $109,462.20, and a payroll warrant in the amount of $739,341.31. The Board approved minutes of August 8, 2017 and August 15, 2017, as well as Executive Session Minutes of June 21, 2016 (Session I), August 9, 2016 and January 24, 2017. Action File Issues: Ms. Luck requested to invite the Lunenburg Water Commissioners to a meeting to discuss the water usage by the district. Ms. Bertram stated there is correspondence in the file regarding Conservation Commission minutes not being posted. Ms. Lemieux stated we did follow up and the minutes are now posted on the town website. Ms. Bertram noted there is correspondence in the file regarding liquor license violations related to compliance checks by the Police Department. Ms. Lemieux reported Ms. Peterson was drafting letters to the affected businesses. Committee Reports Mr. McQuaid reported Planning Board met on August 28 and held a public hearing for a special permit and site plan for 994 Northfield Road for construction of a 6 MW large scale ground-mounted photovoltaic installation. There were a lot of questions from the Board as it relates to the status of the PILOT agreement with that developer. They are worried about potential impacts of that project on the town and not having a PILOT in place. Ms. Lemieux reported Nexamp has requested more time to work on the PILOT and to work with the Assessors' office and herself. This will on the October 3rd agenda. She had a question into legal counsel whether Planning Board can grant the permit contingent on the PILOT agreement. Capital Planning met earlier today. John Henshaw is working on a spreadsheet used to analyze the Capital requests. We are cleaning capital request forms up to get them to the department heads by the end of the month. At the same time, Ms. Lemieux is working with the DPW Director and others on a comprehensive Capital plan that includes school buildings and equipment, municipal buildings and equipment, recreational resources and water and sewer infrastructure to get a complete view of the town's needs going forward. Ms. Luck reported the School Committee meets tomorrow. The Storm Water Task Force met on August 24" and discussed how to use the Community Compact grant funds. There will be a follow up discussion at the September 28 meeting. We reached out to Brian Doherty of MRPC concerning the data collection and cataloging tool. Doherty was happy to give a demonstration at their facility. The DPW Director was not at our meeting, so I have reached out to him but have not heard back yet. The status of the 2003 Ms4 permit requirements was also discussed. System mapping has been completed. Procedures for removing illicit discharges to stormwater systems will be identified and documented by Land Use Director Burney using the Central MA Regional Stormwater Coalition template. These procedures need to be adopted by the Department of Public Works. Our consultants at DCI are emphasizing the importance of documentation within a central electronic data system to comply with the requirements of the 2003 permit. Due to Mr. Rodriquenz' absence, the item was not addressed. Mr. Burney reported articles will be placed on the fall Special Town Meeting to move the illicit discharge detection and elimination (IDDE) zoning bylaw and the stormwater bylaw will be put from zoning to the general bylaws. Ms. Bertram reported Cable Advisory Committee and our legal counsel are meeting Thursday night to continue negotiations with the Comcast representative. Town Manager Report Ms. Lemieux reported the public auction of the foreclosed properties occurred on August 29" . Four out of five properties were sold. We received no bids for 98 Youngs Road and received a net total of $37,000 from the sale of the other four properties. This will have a direct impact on our Free Cash for fiscal 2018 as well as getting these properties back on the tax rolls. The fees for legal and the auctioneer are on top of the minimum bid. The mold abatement in the Town Hall basement has been completed. Air samples will be taken within the next week to confirm all the mold has been abated. A dehumidifier has been installed by DPW personnel. A sump pump will be installed next. The next step will be to hire a ventilation engineer to evaluate what is needed to repair the original exhaust/ventilation system on the first floor and whether the existing ductwork can be restored in order to provide fresh air to and from the offices. The hygienist (air testing) cost is $800.00; we do ===PAGE 5=== not have a figure for the ventilation engineer yet. The dehumidifier was around $200.00 and we don't have a cost for the sump pump yet. Ms. Lemieux met with Facilities Director John Londa last week to identify a T.C. Passios room to store current Town records. A room was chosen that will not interfere with any future renovation projects. It is easily accessible by the side parking lot to bring the records into that space. She and the DPW Director will be meeting with the Worcester County Sheriff's Department on Thursday to discuss potential projects, one of which will be moving records out of the attic at Town Hall. Regarding Town Counsel hours, Adam Costa can do two office hour sessions for the next couple of months; September 11*" from 9 a.m. - Noon and September 25" from 4-7 p.m. Attorney Costa will also be attending a Planning Board meeting on the 25t Ms. Bertram inquired if the Summer Street project was advertised at the end of August. Ms. Lemieux will follow up for confirmation. Charter Review Committee Mike Mackin, 26 Cortland Circle, has been appointed as a School Committee designee for the Charter Review Committee. Motion:P. Bertram 2"°: R. Ebersole To ratify the Charter Review Committee appointment of Michael Mackin to the Charter Review Committee/School Committee designee Vote: All in Favor Mr. Ebersole reported Milree Keeling had to decline her appointment due to personal reasons. The Town Moderator will be appointing a replacement. The School Committee will possibly be naming their other appointment tomorrow. There was no further public comment. Mr. Toale read aloud the reason for entering Executive Session. Motion: R. Ebersole 2"': P. Bertram To discuss strategy with respect to litigation, if an open meeting may have a detrimental effect on the government's bargaining or litigating position, and the Chair declares so, namely Laura Caron- Gustus v. Town of Lunenburg, The Board of Selectmen and Kerry Speidel, Individual; (Worcester Superior Court- Civil Action No. WOCV2013-0054C) and to not return to open session Vote: Ms. Luck-aye, Mr. McQuaid-aye, Ms. Bertram-aye, Mr. Ebersole-aye, Mr. Toale- aye The meeting was adjourned at 8:31 p.m. Respectfully submitted, laurel Peterson laine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2017-09-12-agenda-5043.txt BOARD : select-board DATE : 2017-09-12 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-09-12-agenda-5043.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09122017-5043 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Workshop Meeting Agenda September 12, 2017; 7:00 PM Town Hall, 17 Main Street; 2nd Floor; Bilotta Meeting Room In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being recorded and broadcast over the Lunenburg Public Access channel. 7:00 PM Open Meeting Public Comment  Board  Public 1. Board of Selectmen Goals: Economic Development – Joint meeting with the Planning Board 2. Minutes/ Warrants/ Action File Issues Public Comment  Public  Board Adjourn UPCOMING MEETING/EVENTS SCHEDULE September 19 October 3 October 10 ======================================================================================== DOCUMENT : 2017-09-12-minutes-5043.txt BOARD : select-board DATE : 2017-09-12 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-09-12-minutes-5043.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09122017-5043 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== RECEIVED & FILED BOARD OF SELECTMEN MINUTES Joseph F. Bilotta Meeting Room, Town Hall September 12, 2017 OCT 0 5 2017 LUNENBURG TOWN CLERK OFFICE Board of Selectmen: Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Paula Bertram, Clerk; Phyllis Luck, Member; Damon McQuaid, Member Planning Board Members: Greg Bittner, Chairman; Matthew Allison, Vice Chairman; David Prokowiew, Member; Michael Ray-Jeffreys, Member Not present: Ken Chenis, Planning Board Member/Clerk Also present: Heather Lemieux, Town Manager, Adam Burney, Land Use Director The meeting commenced at 7:00 p.m. with the Pledge of Allegiance. PUBLIC COMMENT: Mr. McQuaid noted he has been misquoted on social media regarding the Village Center. Ms. Bertram recommended the Board of Selectmen put out a statement as to their vote to go with the TC Passios Building for the Town offices and encouragement of public involvement regarding municipal building use. Mr. Jeffreys opined that the citizens have been working together as a team to advance the Town. He noted that he finds the conversation on Facebook to be distasteful and it discourages citizens from becoming involved in town politics. Mr. Prokowiew opined that there is a communication gap between Town government and the citizens. He suggested information be posted to the Town website and be periodically updated. Ms. Lemieux noted that grant money has been received to update the website, making it more user-friendly. Heather Bowen, 188 Flat Hill Road, stated the Boards need to be aware of what is being discussed on Facebook. She noted that she is the current Farmers' Market Manager-in-Training and needs to stay aware of social media so as to not miss marketing opportunities. She feels that the bylaws are too vague and policies too restrictive, limiting her ability to open a commercial kitchen in her residence. Marie Martin, 54 Longwood Drive, expressed her appreciation to the Boards for their work and commitment. She was concerned with the chance of a 40R development in the Town Center. Mr. Burney responded the Town Center is not currently zoned for a 40R. Katey Adams, 45 Williams Drive, feels economic development should be encouraged towards both municipal and private properties within the Town Center, but open space also needs to be maintained. Dave Rodgers, 82 Highland Street, asked for clarification on the Village Center District bylaw; is it to afford residents the opportunity to open small businesses and create a more vibrant Town Center? POWERPOINT PRESENTATION: Economic Development Mr. Burney noted the presentation which is informational and conceptual is to open up the discussion. Overview: 1) existing documents, 2) items in process, 3) community desires, 4) available resources, 5) community needs, and 6) next steps. Slide 8, "Community Desires", will be renamed "Community Comments" for clarification in the event the presentation is posted to the Town website. Mr. Burney noted that the vacant commercial/industrial land (all privately owned) on Slide 9, encompasses 78.2 acres, of which 19 acres are two parcels that are more than 80% wetlands. He noted that there are five parcels under earth removal permits owned within the Industrial District by two landowners which comprise 85.6 acres. Mr. Rodgers asked what economic development could be obtained in Lunenburg that would not be available in both Leominster and Fitchburg? Ms. Bertram noted this will be a discussion item. She noted that she felt two major items drawing individuals to Lunenburg are eco-tourism, e.g., trail system and land and it being a farming community. Lunenburg also has a strong artist and craft community. ===PAGE 2=== Mr. Ebersole stated Lunenburg has gone back and forth wanting development and wanting to restrict it. The town did not have zoning until 1960. The town worked against the extension of Interstate 190 through Leominster into Lunenburg and New Hampshire. Going back to the 1800's there were people working against the railroad coming through Lunenburg successfully and it only comes through the lower part of town. Route 2A used to be Route 2 and then it was moved south to its current location. When you go back to the 2000s when Lunenburg was going to install sewer through the entire town, the town rose up and said no we don't want sewer in the entire town for environmental reasons and this instigated a sewer use needs study. He noted the Town Charter states the Sewer Commissioners shall in conjunction with other land use bodies, assist in developing a long range strategic plan for guiding town growth and development. We also need to talk about the high electric cost that Unitil is charging residents and that makes the difference why someone would move here versus moving to Leominster, which doesn't have Unitil. He stated he personally supports local businesses based on cost, service, quality and available services. The lower right hand corner of town where P. J. Keating is located used to be strictly commercial. Now it is office park/industrial park with the idea that we didn't want traditional commercial zoning. How far do we want to have commercial to go? He liked that the Planning Board is reviewing their bylaws to make everything consistent. The zoning map will be the hot button when it goes to town meeting. It takes a 2/3 majority vote to change zoning bylaws. We need to address both the zoning and the non-zoning parts. Mr. McQuaid added everything the Planning Board is doing with the Use Table and the Definitions is a great step forward. He was afraid of trying to redraw the map; there will be tremendous pushback from the public when you try to take a residential area and make it commercial. Everything we do as far as making decisions regarding economic developmen is asking what does that econonic development add to the community. Does it enhance the public realm or promote walkability? It needs to focus on contextually appropriate uses with appropriate scale and design. A way to do that without redrawing the zoning map is to allow some things by special permit in residential areas to get back to the organic neighborhood growth through mixed use that the pause button has been pressed since the 50's post-war exclusionary zoning. We can identify uses that are acceptable and appropriate that can go into residential areas; bakers, markets, craftspeople, artists, things of that nature. Part of that can be done by embracing a progressive view and definition of what a home business is. Greg Bittner suggested surveying residents to identify the wants and needs of the community. We have many car dealerships and auto repair shops, but no auto parts store. We should look for development that supports what we already have; the services that people now go to Leominster and Fitchburg to have. Then we can try to find appropriate places for those things. He noted physically accessing some commercial properties can be problematic. Ms. Bertram agreed but we need to define that framework first. What is it that we are hoping to accomplish? Personally, I want Lunenburg to maintain the open space that we have and improve and enhance it; then put together businesses that will complement those opportunities. Mr. Jeffreys noted if you live south of Massachusetts Avenue, you really have no reason to come to the center of town unless you want to go to the post office. Depending on where you live determines how you use the town. Who is coming through our town? We should focus more on services to our existing residents, such as ecotourism. The first step is to poll the community and find out what they want. Maybe we should look into solar as a form of revenue. Mr. Prokowiew stated his background is in marketing and when he looks at the town he sees a bunch of issues. We have a lack of infrastructure. We have to make it easier for people who are looking for someplace to land. We lack vision and we need to find what we need to do to assist in this area to grow. There seems to be this expectation that we are going to come up with the right thing for the right spot and make all these things happen. Ms. Bertram stated we can guide that vision by determining what type of things we want to encourage. That is one of the discussions we have to have. I am pushing to support our existing businesses and farms and finding out what they need. Mr. Prokowiew hoped this will result in existing businesses coming up with ideas to market themselves and each other. ===PAGE 3=== Ms. Bertram added if we want to maintain our rural characteristic that doesn't necessarily mean we want to encourage our commercial industrial growth. We want to be very careful about unintended consequences and what we want as a community. Mr. Allison spoke about promoting farmers and their value added products through the Agricultural Commission and possibly using town property to do that. He noted the recent trend toward smaller farms with less acreage versus bigger ones. Less than forty years ago we had three active dairy farms. We still have two of them; one sells exclusively to Garelick, the other sells directly to the public. People could reinvest their money into the town by buying local food Mr. Jeffreys stated he has had conversations with Steve Powell of Powell Sand and Gravel, an abutter to his property. He disclosed according to the rules this is a conflict of interest but Mr. Powell is interested in swapping land with the town but would also like to take some town land and turn some into park areas. Mr. Prokowiew asked if there was a possibility to talk to existing landowners and trading properties. Further discussion ensued about how to proceed for economic development, what the next steps are, what would it cost, etc. Should there be an economic development committee and what would their charge be? Mr. Jeffreys asked if we have identified large properties in town that could be buildable? What is their potential if they follow our bylaws? We should keep that in mind going forward. Mr. Burney stated we could talk to MRC about doing a buildout analysis of residential property. The ability for a town to deny subdivision approval is very small especially if they are following our rules and regulations. Another question asked was how many vacant retail businesses do we have? Ms. Lemieux stated we need a defined vision: A potential next step is to update the the Master Plan. Our Open Space Plan needs to be updated. It requires reconvening the Master Plan Committee. The visionary process will incorporate the community through survey monkey, workshops, etc. Another take away is we need to get support for our local businesses. Through MRPC we can hold a workshop with the businesses; find out what concerns they have. We can form an economic development committee. Suggestion was made to talk to the Conservation Commission to see what they would like to see on the properties under their jurisdiction. Do they want to be listed on regional trail maps? There were many recommendations on the 2011 Open Space plan that were never completed. Another suggestion was to look at large scale solar facilities in town and see how they are structured and how they contribute to the town. Mr. Allison stated a lot of the talk about economic development is about bringing people into town. We have a lot of resources through the farmers if we give them the opportunity to flourish. Recreation is a big draw. We have a golf course which is bringing in a solar facility; we have a driving range and a puppet theater. We have lost Whalom Park, a BMX track, two drive-in theaters, a roller skating rink, a video arcade and a bowling alley. Mr. McQuaid noted making the community affordable doesn't just mean price. Does this town afford opportunity for social and cultural events? Mr. Toale stated we have plenty of food for thought on what our next steps will be. He would like to invite the Sewer Commission as well as others to the next workshop. PUBLIC COMMENT: Heather Bowen, 155 Flat Hill Road, thanked the Boards for this brainstorming. She asked them to consider as going forward the difference between the Stillman Country Fair permitting process and the 3000 people that they estimated this brought into town under agritourism and the Unifier Festival permitting process which brought in 500-600 people. They were both on private land and about celebrating the land. Katey Adams, 45 Willlams Drive, related how the Bolton community combined art with farming and promoted the local artists' businesses. She suggested looking at other communities to see what they are doing to bring revenue into their towns. Ana Lockwood, 91 Main Street, stated as we talk about the Town center and what we can do with what we have, we need to start thinking about parking. Mr. Toale recommended coming back with some goals and action items for the next step. Motion: D. Prokowiew To adjourn the Planning Board meeting 2"°: M. Allison Vote: All in Favor ===PAGE 4=== Minutes/ Warrants/Action File Issues The Board approved minutes of August 22, 2017. They signed accounts payable warrants in the amounts of $548,801.48 and $355,960.62 and a school payroll warrant in the amount of $2336.67. The Board decided to meet with the Nexamp representative on October 3'd to discuss a PILOT agreement. Mr. Burney stated our Planning Board can request the applicant voluntarily enter a PILOT. If the applicant agrees, the Planning Board has the ability to place a condition on the special permit stating they requested the applicant enter into a PILOT and the applicant agreed. It then becomes memorialized as a condition. Once the 20 day appeal period has passed, it becomes legally enforceable as long as the applicant does not appeal the decision. There are some Conservation-related items that may impact Planning Board items on the September 25 hearing continuation. Motion: P. Bertram To adjourn the meeting 2"': R. Ebersole Vote: All in Favor The meeting was adjourned at 8:30 p.m. Respectfully submitted, Elainem Pelerson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2017-09-19-agenda-5044.txt BOARD : select-board DATE : 2017-09-19 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-09-19-agenda-5044.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09192017-5044 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN AGENDA September 19, 2017 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being recorded and broadcast over the Lunenburg Public Access channel. 7:00 PM PLEDGE OF ALLEGIANCE PUBLIC COMMENT  BOARD  PUBLIC ANNOUNCEMENTS APPOINTMENTS 7:10 PM Cable Access Committee Request for Board of Selectmen to vote to issue Preliminary Assessment of Non- Renewal 7:15 PM Lunenburg Water Commissioners OLD BUSINESS 1. Board of Selectmen’s Goals  October 10th Boards & Committees Goals Workshop agenda discussion  Economic Development – next steps 2. Disturbances of Newly Paved Roads Policy Fee Schedule CURRENT BUSINESS 2. First Amendment to Telecommunications Lease with Cellco Partnership d/b/a/Verizon Wireless 3. Request from Police Chief for Letter of Support for Traffic Study performed by MRPC on West Townsend Road, Highland Street and Main Street 4. Minutes/ Warrants/ Action File Issues 5. Committee Reports: Board of Health; Cable Advisory Committee; Capital Planning Committee; Conservation Commission;Finance Committee; Library Board of Trustees; MART Advisory; MPO; Planning Board; PACC; School Committee; School Building Committee; Sewer Commission; Storm Water Task Force; ZBA 6. Town Manager Reports or Department Reports INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Charter Review Committee:  Town Moderator Appointment - Nancy Gray, 45 Rangeley Road  School Committee Appointment - Kathryn Adams, 45 Williams Drive MART Van Driver-Leeann Normandin, 33 Cliffview Terrace PUBLIC COMMENT  PUBLIC  BOARD Executive Session I. M.G.L. c. 30 §21, Reason # 2; to conduct contract negotiations with non -union personnel, if an open meeting may have a detrimental effect on the government’s bargaining position, and the Chair declares so. (Town Manager) Executive Session II. M.G.L. c.30A, §21, Reason # 3; To discuss strategy with respect to collective bargaining, if an open meeting may have a detrimental effect on the government’s bargaining position and the Chair declares so. (Professional Firefighters DFFM Local 4358A and AFSCME Council 93, Municipal Employees Union contract negotiations) UPCOMING MEETING/EVENTS SCHEDULE October 3, October 10, October 17 ADJOURN ======================================================================================== DOCUMENT : 2017-09-19-minutes-5044.txt BOARD : select-board DATE : 2017-09-19 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-09-19-minutes-5044.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09192017-5044 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== RECEIVED & FILED OCT 0 3 2017 LUNENBURG TOWN CLERK OFFICE BOARD OF SELECTMEN MINUTES Joseph F. Bilotta Meeting Room, Town Hall September 19, 2017 Board of Selectmen: Robert Ebersole, Vice Chairman; Paula Bertram, Clerk; Phyllis Luck, Member Not present: Jamie Toale, Chairman; Damon McQuaid, Member Also present: Heather Lemieux, Town Manager The meeting commenced at 7:00 p.m. with the Pledge of Allegiance. PUBLIC COMMENT: Chris Letarte, 282 Whalom Road, has formed a group which includes his neighbors called Friends of Wallis Park. He is working with the Department of Public Works, the Lunenburg Turkey Hill Lions Club and the Parks Commission on the revitalization of the Wallis Park Playground located in the Whalom area and adjacent to the basketball courts. On September 21 and 22 from 8 am to 3 pm they will be starting a cleanup of the area and if anyone is interested in volunteering, they welcome the support. There will be a check-in area in the basketball courts. DPW Director Rodriquenz noted Letarte got the neighborhood interest going for the clean up and reported they would be moving a large amount of sand with the big equipment. The Board thanked Letarte for his efforts. Charter Review Committee Designees: • Town Moderator Appointment - Nancy Gray, 45 Rangeley Road • School Committee Appointment - Kathryn Adams, 45 Williams Drive Motion: P. Bertram To ratify the designees for the Charter Review Committee 2"d: P. Luck Vote: All in Favor Town Manager Appointment: Motion: P. Bertram To ratity the appointment of Leeann Normandin as MART Van Driver 2nd, P. Luck Vote: All in Favor Warrants The Board signed an accounts payable warrant in the amount of $1,096,586.56; a Middle/High School construction warrant in the amount of $110,234.99; a payroll warrant in the amount of $768,294.50 and a payroll deduction warrant in the amount of $156,734.15. First Amendment to Telecommunications Lease with Celleo Partnership d/b/a/Verizon Wireless The Board signed the first amendment to the agreement. It addresses relocation of the tower site on the Middle/High School property. Mr. Ebersole announced the Board would not be entering Executive Session this evening. These will be moved to October 10"* Cable Access Committee Request for Board of Selectmen to vote to issue Preliminary Assessment of Non- Renewal Chair Tom Alonzo provided an update on their progress. At the last meeting with Comcast on September 7' we did not reach an agreement. Lunenburg is seeking 5% of Comcast's gross annual revenues as annual operation support for Lunenburg's local access programming (up from 2.5% in the current license) and $240,000 in capital grants over the 10 year license term (up from $115,000). Comcast responded with 5% and a ===PAGE 2=== $130,000 capital grant. The current license expired on September 30. • The committee believes that its present demand is reasonable, bringing only a modest increase in current subscribers rates; it also believes Comcast's last offer was not sufficient. Because the license expired, the next step is to secure extra time from the Dept. of Telecommunications and Cable to continue negotiations. Legal counsel submitted a request for an additional 90 days in which to conclude negotiations or deny Comcast's license application. If during the 90 day period we reach agreement, the Town can grant a renewal license on the agreed terms. If during the 90 day period we remain unable to reach agreement, the Town has the option of denying Comcast's license application. This would trigger an administrative hearing by the Board of Selectmen with witnesses, subpoenas and discovery. At the conclusion of the hearing, the Selectmen would have to issue a written decision, granting or denying the license. If at that time their decision remains to deny the linese, Comcast can appeal to the Dept. of Telecommunications and Cable or court. Since that letter came, we have received a letter from Dept. of Telecommunications and Cable that the 90 day extension has been granted. Comcast is being notified of that. Right now we have the gap between what we are asking and what they are offering. We have been working with Public Access Cable Committee (PACC) on their business plan which covers their future needs over the next ten year period. We have asked for an educational channel as well which requires additional equipment. Ms. Luck asked what the increase is to current Comcast subscriber rates. Mr. Alonzo stated it is currently $2.60 per month per subscriber. If agreed upon, it would go to $5.20 per month per subscriber. The second part is the capital amount; that would raise the rate from 29 per subscriber per month to .62 per subscriber per month. This is the first increase in ten years. Discussion ensued on what the increase in subscriber rates would provide: the educational channel, a mobile unit for PACC, rent for the studio to name a few. Mr. Alonzo stated he will come back to the board when he has more to report. Lunenburg Water District Commissioners Superintendent Fran McNamara noted Chairman Mark Bursch and Commisioner Mark Flagg were also present tonight concerning questions about their agreement with the Town of Lancaster. He assured those present that Lunenburg's access to water is their first priority. Everything they have done is to offset the costs to improve infrastructure and update tanks and wells. Without the Lancaster revenue we are looking at a significant increase in water rates. Ms. Bertram asked if businesses are exempt from water restrictions. Mr. McNamara stated yes, we cannot impact the core function of the business, but we can restrict them from watering their lawn, things like that. Ms. Bertram's concern is we are already seeing water restrictions. If our permit withdrawal amount is lowered and we are supplying to Lancaster, the increased water usage will go up, isn't that going to impact Lunenburg? He responded it is two seperate things. Our current permit has expired and we are in the process of renewing with the state. The idea is we continue on the current permit which allows 540,000 gallons per day. That is an average day per year. Last year we exceeded it by 7000 gallons per day; this was due to it being a dry year. People need to realize that with new environmental conditions coming down the road, you are not going to have green grass like you have now. There are going to be significant restrictions on water use. On the permit we use the residential usage number. We exceeded the 65 gallons limit per capita. That set off a more restrictive usage on the permit. The new permit review gives Lunenburg an average of 505,000 gallons per day, based on historical use from 2010-2015. There will be a separate segment of the permit for Lancaster. It is anticipated Lancaster will use 250,000 gallons per day but the actual figure is around 175,000. Discussion about the rate charged to Lancaster ensued. Mr. Bursch stated Lancaster would be paying the same rate as Lunenburg residents but they will need to cover their overhead expenses on top of that. There is a Memorandum of Understanding between the Water District and Lancaster but there is nothing binding at this time. Mr. Ebersole asked if the two towns would have two separate permits from DEP. McNamara stated it depends on how it is written. Mr. Ebersole asked if the Water District could restrict selling pool water in order to reduce usage. McNamara stated in the future, if needed due to more residential development, we could eliminate it. Question was asked if more development came along, could the permit amount be increased. McNamara stated yes, but it is not easy. ===PAGE 3=== Mr. Ebersole asked what the Water District is doing to help people conserve water. McNamara stated they did a toilet replacement program where they gave a rebate. They also do a lot of leak detection. Public outreach on water conservation practices was encouraged. Mr. Ebersole asked if they are able to do any analysis of the number of people on the census in the home versus their usage and look at that average to see if it is 65 per person. McNamara stated he uses the census numbers to come up with that 65 on a special spreadsheet. Can you look at a particular home and see who is using excess water? McNamara said he didn't know if they could do that, they do look at all the bills. Mr. Ebersole stated the town approved a $5 million override for the pavement management plan. He encouraged McNamara to communicate with DPW. McNamara stated he has been planning accordingly. Ms. Luck referred to the MOU (3.) regarding permitting, design and construction and agreeing to allocate the cost of these items in affair and equitable manner. McNamara stated we are not paying anything for that. Ms. Luck referred to (4), regarding payments being subject to appropriation or other available funds. What if Lancaster says they can't pay? It was noted this was standard contract wording. Ms. Bertram asked if a letter of support could still be sent after the grant submission deadline. Ms. Lemieux will look into it. The Board thanked the Water Commissioners and Superintendent for coming in tonight. OLD BUSINESS 1. Board of Selectmen's Goals • October 10t Boards & Committees Goals Workshop agenda discussion Ms. Lemieux requested more definition of what the Board's expectations are for the workshop. Suggestion was made to ask boards what they have they done in the last year; what their goals are for this upcoming year and in what ways can we work together? Ms. Bertram stated at the August 16, 2016 workshop there were discussions, suggestions and ideas such as the need for more expansion of the talent bank form to get a better idea of what the committees do to solicit applicants. Ms. Bertram created a committee/ board overview template and will email it to Ms. Lemieux. Having the standard talent bank form but also having information available about every committee; how often they meet, what is the average meeting length, how many hours are needed outside of the meeting, what kind of education and training should they be looking at as well as skills and qualifications, etc. It was suggested to send it out to the committees before we meet. Ms. Luck did not believe there was enough time before October 10" for the committees to meet and if all the boards come, that will be too many people to get anything done. Discussion ensued on how to proceed. It was decided to keep the October 10 workshop to start the conversation and to send the boards the Selectmen goals in advance and request what are their current goals and to have one designee to speak on behalf of their committee at the workshop. • Economic Development - Next Steps Ms. Bertram suggested setting a regular schedule and making it available to foster more participation. Ms. Lemieux asked who are the stakeholders to be invited to the next meeting and what do we want to accomplish. Ms. Bertam stated the building reuse and economic development are tied together. We talked about scheduling charrettes and getting public information and doing a survey and that is why we need a calendar of how often we are going to talk about this. Mis. Lemieux suggested the Water Commisioners, Sewer Commissioners, Conservation Commissioners, Parks Commissioners, IT Director and Planning Board as stakeholders. It was suggested to invite someone from the Chamber of Commerce and it was noted the Agricultural Commission might be involved too. 2. Disturbances of Newly Paved Roads Policy Fee Schedule DPW Director Rodriquenz presented a fee for opening a road based on the function of the fee. Currently the road opening fee is $100 and the trench opening fee is $40.00. He was recommending $50.00 per household per lateral cut and $100 per longitudinal cut. The property owner will also have to pay to restore the road. It was suggested to find out if other towns have fees for road inspections and how additional inspections are charged. More work is needed before finalizing the fee schedule. Request from Police Chief for Letter of Support for Traffic Study performed by MRPC on West Townsend Road, Highland Street and Main Street ===PAGE 4=== Ms. Lemieux directed the Board to the letter from Police Chief Marino requesting support for a truck traffic survey by MRPC in order to establish truck exclusion zones. Ms. Lemieux presented a draft letter to Glenn Eaton, Executive Director at MRC requesting the truck traffic study be performed. Motion: P. Bertram To approve Police Chief Marino's request and send a letter of support for the commercial truck traffic study and truck exclusion zones 2": P. Luck Vote: All in Favor Ms. Lemieux reported she had contacted MassDOT regarding getting approval for the updated Traffic Rules and Orders and the process has changed. Only traffic speed zones and truck exclusions zones would have to be reviewed and approved by MassDOT. The Traffic Rules and Orders can be posted on our website. Ms. Lemieux will send a copy to MassDOT for their files. Action File Issues Ms. Bertram reported Planning Board Chair Bittner was asking for input from the Board regarding the Nexamp proposal. Town counsel will be providing an opinion to the Planning Board at their public hearing on September 25'h. The Board stated they would not disapprove the Planning Board taking any legal action as necessary regarding the special permit. The Planning Board has the ability to place a condition on the special permit stating they requested the applicant enter into a PILOT if the applicant agrees and there are no appeals. Ms. Luck requested 24/7 coverage at the Police Department be an agenda item. It was noted additional coverage would affect the current budget and should be discussed during the next budget making process. Committee Reports: Ms. Luck reported the School Committee is meeting tomorrow night. Storm Water Task Force is meeting on September 28. Ms. Bertram stated the MPO meeting for this month has been cancelled. Conservation Commission met on September 6. Lunenburg DPW and the Lions Club requested to place sand on the Town beach. It was approved with the condition any sand going in the water be moved back to the shore. There were several hearings that were continued; one because abutters notices weren't submitted, another for clarification on drawings. The Settlers Solar, 994 Northfield Road hearing was continued for further engineering because they want to look at impacts to the buffer zone on the clearing and the potential moving of the project outside the buffer zone. Mr. Ebersole reported the Charter Review Committee met and all members attended. They meet again September 27th in the Ritter Building. They are attempting to have meetings televised from the Ritter Building. Town Manager Report Summer Street TIP project: As a follow-up to the September 5* meeting, Selectman Bertram asked for verification that the Summer Street project had been advertised. I checked MassDOT's website that lists all the projects by community and it had been advertised for construction bids on August 19, 2017. E-Permitting: As a follow-up to a question about whether a technology fee can be imposed on building permits, Building Commissioner Garry Rhodes and Land Use Director Adam Burney confirmed that we can place a technology fee on building permits. 780 CMR Section 109.2 refers individuals to the municipality for the fees owed prior to issuance of a municipal building permit. DLTA Business Town Partnership Grant: As discussed at the Economic Development workshop, Land Use Director Adam Burney and I have been working with Montachusett Regional Planning Commission to discuss the scope of services MRPC will provide using the District Local Technical Assistance funds we received that will to foster a business-town partnership. This grant will provide consulting services from MRPC to host workshops with the business community in Lunenburg, as well as workshops with residents to hear their ideas about fostering business development. ===PAGE 5=== Besides the workshops, the grant will include performing a preliminary market analysis, identifying gaps of businesses. Letters will be mailed this week to approximately 420 businesses to invite them to the kick-off meeting on Monday, October 2'd at 9:30 a.m. and it will be advertised in each of our town buildings, on the website, and has been sent to The Ledger. This first meeting will focus on gathering information from business owners but there will be future ones to hear from the public and interactive meetings with both business owners and the public. DOER Technical Assistance Grant for Green Communities Grant Administration Services: The Town received notification last week that we were awarded a $5,000 Department of Energy Resources technical assistance grant. This grant will provide consulting services from MRC to prepare the application for the Competitive Green Communities Grant. The first Green Communities grant has been fully expended on a variety of projects and the final report was written by Facilities Director John Londa. The Green Communities Task Force has tentatively set up a meeting for Wednesday, October 4"' to discuss the next steps. Town Hall Mold Abatement and Air Ventilation: Air samples were taken by a hygienist on the first and second floor office spaces to test for mold spores and none of the samples came back with elevated spore levels. There is one additional mold spore air sample test scheduled for the basement area to confirm that the mold was abated. The next phase of this project began last week. A ventilation engineer was out on Thursday to perform testing on the air exchange system. We will be contracting with a HVAC contractor to clean the air ducts to eliminate any buildup of dust and allergens. The approximate cost of that will be $3,000. Once that is complete the ventilation engineer will return and balance the air exchange system. The last phases of this project will be to clean the records that are currently being stored in a trailer that were removed from the basement and to seal all the spaces around the foundation so moisture cannot get into the basement again. Records Retention Space: The Worcester County Sheriff's Office will be able to assist us with moving records from the attic over to a designated room at the TC Passios. This will likely occur in the next month or so which will provide staff time to mark boxes that are able to be destroyed according to the Public Records Retention Schedule. Worcester County Sheriff's Office Community Service Program: The Worcester County Sheriff's Office will be assisting painting at the Boys and Girls Club. They were scheduled to start yesterday but due to the damp/wetness will begin that either later this week or next week. Due to limitations of the inmates on ladders and lifts, they will be painting the porch and fire escape in the back of the building. They will work from the hours of 8:30 a.m. until 1:30 p.m., which is outside the operational hours of the Club. The remainder of the painting will be done by an independent contractor. This week the inmates have been doing clean-up at Marshall Park. Town Hall Painting Project: The Invitation to Bid is available and will be due on Wednesday, October 11" at noon. This will be advertised in a local newspaper, in the Central Register, and on the town's bulletin board. This will also be placed on the town website. T-Mobile Communications Lease/Use and Occupancy License: Attorney Costa is awaiting a response from T-Mobile on the proposed Use and Occupancy License that the Town can grant T-Mobile until town meeting provides authorization to enter into a 25 year lease agreement and the use of town property for the communications equipment is properly awarded through proper procurement procedures. ===PAGE 6=== Nashoba Valley Regional Dispatch Center Update: The previous Executive Director of the Nashoba Valley Regional Dispatch Center resigned in June and the Administration Board appointed an Interim Director that same day. Since June the Administration Board and Uperations Board has been meeting bi-weekly to discuss outstanding issues and the hiring plan for the Director's position. Three administration board members, including myself, conducted the initial interviews and recommended two finalists to the full Administration Board. The finalist interviews were conducted two weeks ago and the interview panel recommended Mr. Ross Klun for the position. This was ratified by the Administration Board on September 13t . Myself and two other members of the Administration Board will be negotiating a contract with Mr. Klun. We expect this to be concluded in a couple of weeks. Town Counsel Office Hours: As a reminder, Town Counsel will be holding office hours on Monday, September 25"* from 4-7 p.m. and will be attending the Planning Board meeting that evening. Special Town Meeting: Due to some pending issues that cannot wait until the Annual Town Meeting, a fall Special Town Meeting will be required. The proposed date would be Monday, November 27, 2017. This would be an agenda item for the October 3d meeting. The Board requested to see if the town meeting could be held on Tuesday, November 28" instead. Ms. Lemiuex will check with the availability of Town Moderator, Town Clerk and Legal Counsel. Town Facilities Update: At the August 15' "Current and Future Use of Town Buildings" workshop, there were a number of items that required follow-up. I will address each one in as much detail as possible, given the information received to Strategic Plan for School Buildings: After speaking with Superintendent Calmes, she confirmed that the School Committee does not intend to utilize the TC Passios, the Brooks House or the old Primary School for future school building space. The vote by the School Committee to give these buildings to the Town and the town meeting approval are evidence that the School does not intend to request these buildings be used for future schools. The Tappe Study Space Needs did include the Superintendent's Offices but did not include all the district central offices, IT offices, and special programs like School Linked Services or the ACE program that are currently housed between the TC Passios and the Brooks House. • Capital Costs for Turkey Hill Elementary School: Facilities Director John Londa presented a capital plan at the last two School Committee meetings that included replacement of the roof at Turkey Hill and major renovations to extend the life of Turkey Hill including window replacement and HVAC upgrades that Mr. Londa estimates will cost approximately $4M. Mr. Londa estimates the Turkey Hill roof was put on around 1998 and, given a typical life expectancy of 25 years, is identified for replacement in FY24 for $1M and if the Town receives reimbursement through the MSBA (approximately 50% of cost of project), this would push the estimated $4M in major renovations to Turkey Hill out another 10 years to FY34. • Updated Space Needs Assessment: The Tappe Space Needs Assessment has been updated and now includes all the current square footage for all the offices proposed to be in one municipal office building, including the school offices that were not included in the original Tappe Study. If we do not consolidate office space, the school administration offices, special program spaces, and IT offices will still require space. The 2015 LPS Capital Plan designated $15,000 to update space at Turkey Hill for district central offices. Depending on where district offices and programs are located, the estimated space needs is between 23,355 SF- 28,560 SF. The original Tappe Study figure was 19,695 SF. • Comprehensive Building Condition Assessment: The DPW Director and I have met with two firms that will be providing proposals to do a comprehensive building condition assessment of the Town Hall, ===PAGE 7=== TC Passios, the Brooks House, the Ritter Building, and the old Primary School. The final product would be an objective look at the current condition of these buildings, what projects are considered priority to maintain the integrity of the buildings, and include estimated costs for each of the identified items. Their team would include Mechanical, Environmental, Structural, Electrical, Plumbing, and Building Envelope specialists and they would also assess if the building is structurally sound. There is a cost to perform these services and we are awaiting those figures which we should have within two weeks. Attached are some preliminary figures for the Town Hall. RFP Process for Architectural Design Services: The Board inquired about the steps to procure the services of an architectural designer to provide conceptual drawings, which could be used to produce final drawings and construction documents to consolidate town offices at the TC Passios. 1. Update the Designer Selection Procedures: Last updated in 2005. 2. Receive estimate from Architect to proceed to Town Meeting. 3. Approval for funding at Special Town Meeting. 4. Put out an RFP for Architectural Design Services. PUBLIC COMMENT: Katey Adams, 45 Williams Drive, wondered if there might be future space needs for students at Turkey Hill Elementary. She referred to the Tappe Building Space Needs Study and asked what the new total square footage number was for needed space. Ms. Lemieux stated the new number is 28,560 SF. Ms. Adams disputed the space needs numbers and believed we are looking for more space than needed Mr. Ebersole noted regarding space calculations, there is space based on office needs and a factor is applied for space needed for boiler room, circulation, etc. It is important when we look at space needs for a particular office the factor may be higher based on a traditional calculation; there may be a different calculation based on an open format and we can look at that. Part of that would be the design process by experts versus the informal survey that we have done so far. Ms. Bertram noted there is a spreadsheet that is available that identifies the current square footage and the projected square footage and the numbers do add up. A copy can be requested from the Selectmen's office. Motion: P. Bertram To adjourn themeeting 2nd. P. Luck Vote:All in Favor The meeting was adjourned at 8:27 p.m. Respectfully submitted, Elaiiem Pelesor Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2017-10-03-agenda-5045.txt BOARD : select-board DATE : 2017-10-03 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-10-03-agenda-5045.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10032017-5045 ======================================================================================== ===PAGE 1===