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DOCUMENT : 2017-10-03-minutes-5045.txt
BOARD    : select-board
DATE     : 2017-10-03
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-10-03-minutes-5045.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10032017-5045
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===OCR macOS Vision===
===PAGE 1===
RECEIVED & FILED
BOARD OF SELECTMEN
OCT 2 6 2017 .
MINUTES
Joseph F. Bilotta Meeting Room, Town Hall UNER OF TOWN
CLERK OFFICE
October 3, 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. Adam Costa, Town Legal Counsel
The meeting commenced with the Pledge of Allegiance.
Mr. Toale asked for a moment of silence for the Las Vegas shooting victims and their families. He noted there
would be time for public comment after the 6:30 p.m. appointment.
NEXAMP PILOT PROPOSAL -Chris Clark
Mr. Clark presented on behalf of Settler's Solar LLC located at 994 Northfield Road. This is a continuation of
discussion begun last spring. They have been working with Unitil and have gone through their study process
and are awaiting an interconnection service agreement. They are meeting with the Conservation Commission
and will be reviewing some revisions to their plan. They are also going through Planning Board review. Their
next meeting with them will be Monday, October 23rd.
. He was here tonight to further discuss the PILOT
agreement.
Ms. Bertram stated it was her understanding that the land is currently in Chapter 61 status; how does that affect
the project? Mr. Clark stated this is a frequent occurrence, when a project is constructed and becomes
commercial, that land needs to come out of chapter. Typically it will come back to the Board of Selectmen for
Right of First Refusal with 120 days to consider. More often that not, it is waived. We as the developer pay five
years of rollback taxes.
Harald Scheid of Regional Resource Group, Inc. reported this is being proposed under the new Smart Solar
Program. He reviewed the Solar Valuation model sheet that calculates income and a tax per megawatt and
translates into an estimated proposed PILOT payment to the town.
Mr. Ebersole entered the meeting.
Mr. Clark noted the PILOT agreement has a twenty-five year span and the lease on the property is for twenty
years. Ms. Bertram recommended with special town meeting coming, asking the pertinent boards now if there
is interest in the property. Attorney Costa stated even though the Town has not received notice from the
landowner and there are current permits before the boards, it would not be a conflict of interest to do so.
Discussion on the appraisal process occurred. Attorney Costa clarified the PILOT agreement applies to personal
property only. There would still be taxation on the real property once removed from chapter. The discussion
will be continued a future meeting.
PUBLIC COMMENT:
Ms. Luck stated she participated in the September 21 cleanup at Wallis Park. She thanked the DPW for having
equipment and trucks available. Chris Letarte, who spearheaded the effort, was present as well as volunteers
from the neighborhood. The new goal is to raise funding for a new playground. Before we think about
acquiring more land for town use, we have to look at what space we already own and how we are going to pay
to take care of that.
Maribeth Ulf stated she had a 9:00 p.m. appointment tonight but had a family situation and wondered if she
could present her request earlier. Mr. Toale stated she could.
===PAGE 2===
Tollbooth Request A J Robbins Memorial- Ms. Ulf has submitted all the necessary paperwork for the
October 21 date from 9:00 a.m. to Noon in the Town Center. The funds raised will go towards the upkeep of
the A J Robbins Memorial fieldhouse at the Middle/High School.
Motion: R. Ebersole
2nd: P.Bertram
To approve the tollbooth request for October 21" from 9:00 a.m. to Noon in the town center subject to
review by DPW and Police Department
Vote: All in Favor
Police Chief Marino wanted to remind townspeople to get their dogs rabies shots and licensed. Also, the town
has a restraint law which means dogs cannot roam freely. He encouraged the public to keep their dogs within
their property lines. If someone's dog is picked up, they will be subject to a fine and possible kennel fees.
Michelle Belleza, 126 Sunnyhill Road and Ruth Ann White, 13 Jacqueline Drive, presented on behalf of
ROAR, Resourses for Opioid Awareness and Recovery task force which includes police, schools, Lunenburg
Boys and Girls Club, professionals and concerned citizens. They want to increase awareness about substance
abuse and addiction and provide information to make healthy choices about support and resources. There will
be a forum at the High School Auditorium on October 24th at 6:00 p.m. Ms. White presented a scenario of an
opioid user.
It was suggested to have the event recorded on public access. The Board will see if they can reschedule their
meeting and attend.
Katey Adams, 45 Williams Drive, reported on what other towns use for their town office space.
Eagle Scout Project Request
Josh Herrick of Troop 1728 requested permission to place historic plaques on some town properties as part of
his Eagle Scout project.
Motion: R. Ebersole
2'': D. McQuaid
To approve the installation of National Register of Historic Places plaques on the following properties;
Brooks House, Ritter Memorial Building, Town Pound, Town Hall, Eagle House Senior Center,
Bandstand, Lower Common Watering Trough
Discussion ensued on how this affects them.
Vote: All in Favor
The Board thanked Josh Herrick and he thanked them for their time.
Hearings on Alcohol License Violations - August 24, 2017 (variuos times and locations)
Mr. Toale swore in Officer Joshua Tocci. Tocci reported on August 24, 2017, Officer McNamara and he
conducted an alcohol enforcement initiative utilizing a 20 year old operative who is known to the department.
The purpose was to ensure licensed businesses were properly checking the identification of their patrons and no
underage sales were taking place. The initiative was conducted with specific guidelines which were given by
Sergeant Hebert who has training in this topic. The underage operative is known to the officers of the
department and is considered to be trustworthy and reliable. He was dressed appropriately for his age without
attempting to present himself as older or younger than he was. He wore tan cargo shorts, sneakers and a plain
white t-shirt. He was instructed to enter stores and bars and to attempt to purchase alcohol without identification
and to not have any other belongings with him for the duration of the program and to not be deceptive with his
requests. The operative was subjected to a Preliminary Breath Test (PBT) at the beginning of these checks to
ensure he had no alcohol in his system; the results were .000%. He was provided with $80.00 for use if he was
able to successfully purchase alcohol. If he was successful at a store, he was to bring the alcohol directly to us.
If he was successful at a bar, he was not to touch the alcohol in any way. The initiative was conducted at all
stores and bars in town that sell or serve alcohol. At the conclusion of the initiative the operative was
administered another PBT with a result of .000% BAC. Officers McNamara and Tocci returned to the six
establishments to advise them of the violations.
Elena's Gourmet Grocery Inc. d/b/a Elena's Gourmet Grocery 1 Main Street:
===PAGE 3===
At 5:44 p.m. the operative entered the store, removed a bottle of wine and brought it to the counter. He advised
us that the clerk did not ask for identification; she processed the sale and allowed him to leave with the wine.He
described her as a female, 50-60 years old, with brown hair and glasses. He exited the store at 5:47 p.m. and
turned the bottle over to us. When we returned to Elena's Gourmet Grocery, they had already closed.
Elena Christopher, 91 Autumn Road, presented on the violation. Mr. Toale swore her in. She stated she opened
the business in 2002 and over the years she has worked very hard to ensure that she and her staff do not sell
alcoholic beverages to underage persons. Over the years, they have been tested many times and on many
occasions have sent individuals home without the alcohol because they did not have the proper identification.
As for the incident that evening, she took full responsibility and made no excuses. Since the incident, she has
taken additional steps to ensure that this never happens again. They know 95% of their customers, but if either
she or her employees see someone and there is any possibility that they could be under 30 years of age, they
will request indentification. In addition to that, on the cash register right above where everyone signs in, there is
a sign that says "Check Id, " along with today's date and the year when someone would be eligible to purchase
alcohol. There is nothing we can do about the past but going forward we are doing everything we can to assure
this will not happen again.
Motion: P. Bertram
2": R. Ebersole
That the Board finds there was a liquor license violation on August 24, 2017; (M.G.L. c. 138, § 34, [Sale of
alcoholic beverage to person under twenty-one years of age]; Section 1.10 (c) of the Lunenburg License
Commission Regulations [Standards of Conduct on the Premises; No alcoholic beverages shall be sold to
anyone under the twenty-one (21) years of age. No service of alcoholic, wine/malt beverages shall be made
to anyone under twenty-one (21) years of age] and Section 1.13(a) (1) of the Lunenburg License
Commission Regulations [Other Causes for Revocation, Suspension and Modification; violation by the
licensee of any provision of the relevant General Laws of the Commonwealth, of the Regulations of the
Alcoholic Beverages Control Commission or of the regulations of the Licensing Authority].
Vote: All in Favor
Motion: P. Bertram
That the Board issues a written warning as this is the first offense
2nd:R. Ebersole
Vote: All in Favor
Mr. Toale announced a notice of the decision will be issued via certified mail.
Hearing on License Violation- Ole Ahad, d/b/a Hadwen Market, 1 Main Street,
Officer Tocci stated at 5:41 p.m. the operative entered the store, removed a 12 pack of beer and brought it to the
counter. He advised us the clerk asked for identification however he stated that he did not have it with him. The
clerk, later identified as Ole Ahad, processed the sale and allowed him to leave with the beer. He exited the
store at 5:43 p.m. and turned the beer over to us. Jake Hallet, 1790 Massachusetts Avenue and Ole Ahad, owner
of Hadwen Market, of Leominster, appeared for this hearing. Mr. Toale swore both men in. Mr. Hallet
distributed a new employee policy for the store to the Board. Mr. Hallet stated they both manage the store. They
want the business to be a staple of the community. Their customers range from people on their way to work,
students and residents getting snacks, tobacco products, and beverages. We have a meat market, ATM, coffee
station, everything we can fit in the store. It is never okay for any business to provide alcohol to minors, the law
states you must be 21 and the law depends on us enforcing those laws. All of our employees are currently
undergoing a retraining and we have provided you with our new alcohol policy. We will require identification
for anyone appearing under 40 years of age. We will card every member of a group that comes into the store.
We have hired a mystery shopper who will attempt to purchase alcohol from employees when neither one of us
are at the store. We also have a camera system in the store where we can review footage to ensure employees
are requesting identification 100% of the time for anyone who appears under 40 years old. We are sorry for the
incident and we believe we have taken steps to ensure it won't happen again. Discussion ensued on whether
there was a previous liquor violation that was not noted for this business.
Motion: R. Ebersole
2": P. Bertram
===PAGE 4===
That there was a liquor license violation on August 24, 2017; (M.G.L. c. 138, § 34, ISale of alcoholic
beverage to person under twenty-one years of age]; Section 1.10 (c) of the Lunenburg License
Commission Regulations [Standards of Conduct on the Premises; No alcoholic beverages shall be sold to
anyone under the twenty-one (21) years of age. No service of alcoholic, wine/malt beverages shall be made
to anyone under twenty-one (21) years of age] and Section 1.13(a) (1) of the Lunenburg License
Commission Regulations [Other Causes for Revocation, Suspension and Modification; violation by the
licensee of any provision of the relevant General Laws of the Commonwealth, of the Regulations of the
Alcoholic Beverages Control Commission or of the regulations of the Licensing Authorityl.
Vote: All in Favor
Ms. Bertram noted the Hadwen Market policy #12 stated that any employee who submits TIPS certification will
receive reimbursement of $40.00 and will be paid for three hours of work. She asked aren't all your employees
TIPS certified? Mr. Hallet stated he was TIPS certified but did not believe everyone had to be. Ms. Bertram was
concerned that this was the second violation. Mr. McQuaid noted their effort to correct the problem.
Motion: R. Ebersole
2'd: D. McQuaid
To issue a written warning
Discussion: Mr. Ebersole was also concerned about the second violation but was impressed with the policy they
had submitted and suggested that they test their system themselves.
Vote: All in Favor
Mr. Toale noted a notice of the decision will be issued via certified mail.
Hearing on License Violation- Lunenburg Zeda's Inc. d/b/a Bad Larry's, 1 Main Street, Suite 4
Officer Tocci reported at 7:35 p.m. the operative entered the bar, sat and requested a glass of beer. He advised
us the bartender, later identified as Nakia Bachman, did not request identification and provided him with a glass
of beer. He did not touch the beer and exited promptly.
Adam Wernick and Alan Wernick, 48 Holden Road, Shirley, presented on behalf of the business. Mr. Toale
swore them in.
Adam Wernick stated the under-aged person who came in and purchased the beer was an ex-employee of Bad
Larry's. He came in, said hello to the kitchen and the staff. In a small town like this you have a lot of regular
customers and Bachman is a brand new bartender. When he came in and said hi to everyone; what are you
going to do when someone comes in, says hi to everyone and then walks to the bar and purchases a beer? You
should card them but in her defense this person looks 35 years old. He's balding and has a full beard. Alan
Wernick added that does not excuse the failure to ask for id; we do have a carding policy for everybody and she
was on training that night. Adam Wernick stated we had four of these (compliance checks) come through last
year and we passed each one. Alan Wernick stated since then we have a zero tolerance policy about carding
everybody, it's not in writing at this time. We only have two bartenders at this time; in fact the gentleman who
came in had served alcohol when he was here and knew about the zero tolerance policy. This was kind of an
awkward situation because he was 20/21; he knew the policies of the store at that time and for him to come up
at the bar and ask for something knowing the policy kind of made us wonder if he was twenty-one because he
knew the policies. We are not saying we shouldn't have carded him. It just felt kind of unfair the way he came
in and mingled with the employees; it wasn't like he came in and walked straight to the bar.
Adam Wernick stated in Ashburnham the rules are the person isn't supposed to have a relationship with the
establishment or the Police, so I don't know if this is a gray area the Lunenburg Police should look into.
Personally we feel it wasn't the best choice of a person to come in. We don't dispute what you are doing. It was
offensive to us that this person came in, we felt manipulated by him.
Mr. Ebersole stated it's your business to sell alcohol and your responsibility if you are selling alcohol to card
people; you could have a relative come in and say they want a drink. It doesn't matter who came in, if they are
under twenty-one years of age, it's illegal. Mr. Wernick agreed but repeated it was just an awkward situation,
we have not had any issues prior to this, normally we card everybody. Ms. Luck asked if anyone was training
the new bartender that evening.
===PAGE 5===
Police Chief Marino reminded all that Officer Tocci will give a statement under oath in a second but the last
thing we want to do is transcend the integrity of the Police Department based on some of the statements he
(Wernick) just made. Tocci stated there are 21 businesses in town and to try to find someone who has no
connection to any business would be exceptionally hard. The operative did not tell us that he worked for this
business until we pulled into the parking lot. At that point we were committed to going forth with our operation.
This wasn't planned out ahead of time. Alan Wernick stated we are not trying to make excuses, we know that
person should have been carded; just that it was awkward at that point in time. To answer Ms. Luck's question,
Adam Wernick was training the bartender but had stepped out for a minute to go to Hadwen Market. Mr.
Ebersole stated you need to card everyone if that is what it takes. You should put your zero tolerance policy in
writing, making sure you don't come before us again.
Motion: R. Ebersole
2"d: P. Bertram
That there was a violation on August 24, 2017; of M.G.L. c. 138, § 34, [Sale of alcoholic beverage to
person under twenty-one years of age]; Section 1.07 (f) of the Lunenburg License Commission
Regulations [Alcoholic Beverage Sales and Laws; Licensees shall be responsible for ensuring that minors
are not served alcoholic beverages and are not drinking alcoholic beverages on the licensed premises,
whether served to them by an employee or handed to them by another patron. Licensees who do not have
the ability to keep track of the drinking activity of minors at the premises shall exclude minors from
coming onto the premises in order to meet the burden of ensuring that there is no underage drinking at
the premises. Sufficient security personnel shall be employed to monitor the premises to ensure that
patrons do not pass alcoholic beverages to minors.]; Section 1.10 (c) of the Lunenburg License
Commission Regulations [Standards of Conduct on the Premises; No alcoholic beverages shall be sold to
anyone under the twenty-one (21) years of age. No service of alcoholic, wine/malt beverages shall be made
to anyone under twenty-one (21) years of age] and Section 1.13(a) (1) of the Lunenburg License
Commission Regulations [Other Causes for Revocation, Suspension and Modification; violation by the
licensee of any provision of the relevant General Laws of the Commonwealth, of the Regulations of the
Alcoholic Beverages Control Commission or of the regulations of the Licensing Authorityl.
Vote: All in Favor
Motion: R.Ebersole
2nd: P. Bertram
That the Board issues a written warning as this is the first offense
Mr. Ebersole asked them to please take this seriously, a violation for serving an underage person; there could be
other violations with a new bartender, somebody could be drunk, somebody could get killed. Alcohol is a
serious situation.
Vote: All in Favor
Mr. Toale noted a notice of the decision will be issued via certified mail.
Chief Marino wanted everyone to understand that this is a wake up call for all the businesses that sell alcohol.
Obviously we try to support business in town. Referring to the operative, that was an unavoidable mistake on
our part; had we known he had worked there, it never would have happened.
Hearing on License Violation- Genghis Inc. d/b/a Jaxx Country Variety, 1353 Massachusetts Avenue
Officer Tocci reported at 5:37 p.m., the operative entered the store, removed a 12 pack of Bud Light beer and
brought it to the counter. He advised us the clerk asked for identification and he stated he did not have it with
him. The clerk, later identified as Diane Capone, processed the sale and allowed him to leave with the beer. He
exited the store at 5:39 p.m. and turned the beer over to us.
Alan Wernick was reminded he was still under oath. Wernick stated he wasn't there but talked to his wife and
the person who sold the beer. Again, it was not normally something she would do but she made a bad decision.
We did go back and told her we have a zero tolerance policy. She was reprimanded for it. At that point we had
to retrain. There are signs in the store saying if you look under 30, have an ID ready. She did not follow the
store policy and she does now. We card everybody. Having done this for 30 years, I am very aware of the
alcohol repercussions. We have no excuse for it but we have made corrective actions to not allow that to happen
again. Mr. Toale asked if they had a written policy. Wernick stated we don't but I am going to draft one.
===PAGE 6===
Motion: R. Ebersole
2"d: P. Bertram
That there was a violation of M.G.L. c. 138, § 34, [Sale of alcoholic beverage to person under twenty-one
years of age]; Section 1.10 (c) of the Lunenburg License Commission Regulations [Standards of Conduct
on the Premises; No alcoholic beverages shall be sold to anyone under the twenty-one (21) years of age.
No service of alcoholic, wine/malt beverages shall be made to anyone under twenty-one (21) years of age]
and Section 1.13(a) (1) of the Lunenburg License Commission Regulations [Other Causes for Revocation,
Suspension and Modification; violation by the licensee of any provision of the relevant General Laws of
the Commonwealth, of the Regulations of the Alcoholic Beverages Control Commission or of the
regulations of the Licensing Authorityl.
Vote: All in Favor
Mr. McQuaid stated you have a zero tolerance policy but does the person you reprimanded still work for you?
Mr. Wernick stated yes. McQuaid stated then that's not really a zero tolerance policy for serving minors.
Wernick clarified that the zero tolerance addresses selling alcohol. Wernick stated if you were to fire everybody
after making one mistake, everybody would be unemployed. If it happens again, she will be fired. We are
moving forward to make sure it doesn't happen again, I fully understand the ramifications and seriousness of
what could have happened.
Motion: R. Ebersole
2": P. Bertram
That the Board issues a written warning as this is the first offense
Vote: All in Favor
Mr. Toale noted a notice of the decision will be issued via certified mail.
OLD BUSINESS
1. Board of Selectmen Goals
• Review of Committee and Boards Goals Workshop Agenda (October 10)
Ms. Lemieux directed the Board to the draft agenda in their packet. We will do a roundtable alphabetically
with each board and committee and discuss accomplishments, if any, over the past year and if they have set any
future goals, to discuss them. At the end of the discussion we will review the Board overview worksheet that
Ms. Bertram provided and expansion of the talent bank form. Ms. Luck asked what we are hoping to get out of
this meeting. Mr. Ebersole stated communication between boards. This is not directly related to economic
development but just trying to find out what is going on that might affect other boards and to inform what we
need to do going forward. Ms. Luck suggested asking the boards/committees what they need from us. Mr. Toale
suggested asking what their expectation is from us as liaisons and is it fulfilling their need to communicate with
us? Ms. Luck suggested asking how often they want to meet jointly. Mr. Ebersole suggested asking if there is
anything else you want to bring up in this forum? Ms. Bertram stated regularly meeting with all the Chairs
enhances open communication; that we are all on the same page.
• Review Economic Development Workshop Agenda- Discussion ensued about the workshop schedule.
Workshop meetings on the second Tuesday of the month might be changed so the Sewer Commission
can attend. The November workshop will be scheduled for November 21st
Letter of Support to Mass Works Program for Town of Lancaster
This letter is a followup from the meeting with the Lunenburg Water District Commissioners. A letter of
support would be accepted by the Town of Lancaster even though the grant deadline has passed. Mr. Toale read
the letter aloud for all. Ms. Luck stated she was no longer in favor of this following the meeting with the
commissioners. She cited differences in the Memorandum of Understanding wording from what the
commissioners reported. Discussion ensued. Attorney Costa stated if the MOU has expired there is no legal
obligation for the Lunenburg Water Commissioners going forward. It was decided to get a clearer
understanding of the final contract with Lancaster.
Motion: R. Ebersole
To not send the letter of support at this time
2":P. Luck
Vote: 4 in favor, 1 opposed (Bertram)
CURRENT BUSINESS
1. Set Date for November Special Town Meeting & Open Warrant
===PAGE 7===
Ms. Lemieux reported town officials needed for a town meeting on Tuesday, November 28, have been
contacted and they can attend. She requested the Board call for a special town meeting on November 28, 2017
at 7:00 p.m. at the Lunenburg Middle/High School auditorium and to open the warrant for articles tonight and
close it on October 11, 2017 at 4:00 p.m.
Motion: R.Ebersole
2"d: P. Bertram
To open the warrant for a special town meeting on Tuesday, November 28, 2017 at 7:00 p.m.; open the
warrant for articles tonight and close it on Wednesday, October 11, 2017 at 4:00 p.m.
Vote: All in Favor
2. Minutes/ Warrants/ Action File Issues
The Board signed a payroll warrant in the amount of $769,487.70, a payroll deductions warrant in the amount
of $546,841.49, and accounts payable warrants in the amounts of $381,101.96 and $300,750.79.
The Board approved Minutes of August 1, September 5, September 12 and September 19, 2017.
Action File Issues: Ms. Bertram requested a workshop/discussion with the Park Commissioners regarding
Marshall Park parking/ facilities, turf field maintenance and fees and how those fees are being used and other
recreation facilities maintenance.
Ms. Luck noted the road opening policy was not yet up on the website. She would like to see how people are
going to be notified. Ms. Luck stated she attended a MMA Legislative Breakfast in Stowe and the meeting was
in town offices that were converted from a previous school. They invited Lunenburg to tour the building.
Hearing on License Violation- Donnelly's Tavern Inc. d/b/a Donnelly's Tavern, 43 Summer Street
Officer Tocci reported the operative entered the bar, sat and requested a glass of beer. He advised us the
bartender, later identified as Mike Walsh, did not request an ID and provided him with a glass of beer.
He did not touch the glass and promptly exited.
John Donnelly, 72 Rinnock Road, Fitchburg, representing the business, was sworn in. Mr. Donnelly stated the
facts of that night speak for themselves and he was not going to try to defend this incident. He did want to
inform the Board of some of the proactive steps they have taken since that night. We do have 100% TIPS
certified employees. Following this incident we did call a staff meeting to see how we could do things a little
better. We came up with additional signage for carding people under 30 years of age, better lighting, and better
communication between employees. Unfortunately that server on duty that night is a professional bartender; a
22 years, part-time employee at our establishment and cards 99% of anyone that looks under 30 years old. I'm
convinced we can do a better job, 1% is too much.
Motion: R.Ebersole
2"°: P. Bertram
That there was a violation on August 24, 2017; of M.G.L. c. 138, § 34, [Sale of alcoholic beverage to
person under twenty-one years of age); Section 1.07 (f) of the Lunenburg Lieense Commission
Regulations [Alcoholic Beverage Sales and Laws; Licensees shall be responsible for ensuring that minors
are not served alcoholic beverages and are not drinking alcoholic beverages on the licensed premises,
whether served to them by an employee or handed to them by another patron. Licensees who do not have
the ability to keep track of the drinking activity of minors at the premises shall exclude minors from
coming onto the premises in order to meet the burden of ensuring that there is no underage drinking at
the premises. Sufficient security personnel shall be employed to monitor the premises to ensure that
patrons do not pass alcoholic beverages to minors.]; Section 1.10 (c) of the Lunenburg License
Commission Regulations [Standards of Conduct on the Premises; No alcoholic beverages shall be sold to
anyone under the twenty-one (21) years of age. No service of alcoholic, wine/malt beverages shall be made
to anyone under twenty-one (21) years of age] and Section 1.13(a) (1) of the Lunenburg License
Commission Regulations [Other Causes for Revocation, Suspension and Modification; violation by the
licensee of any provision of the relevant General Laws of the Commonwealth, of the Regulations of the
Alcoholic Beverages Control Commission or of the regulations of the Licensing Authorityl.
Vote: All in Favor
Mr. Ebersole noted there have been no other violations over the last two years.
===PAGE 8===
To issue a written warning
Mr. Ebersole stated we take this very seriously as you have mentioned yourself. One other business mentioned
this evening has instituted written policies. Mr. Donnelly stated we do have a written policy and we do have a
zero tolerance policy. Unfortunately in this business you cannot give one or two free passes. However this
bartender was not fired. There have been instances when bartenders have been fired before for not checking
IDs. This bartender knew right away he made a mistake. He's the best and unfortunately even the best got beat
that night.
Vote: All in Favor
Mr. Toale noted a notice of the decision will be issued via certified mail.
Hearing on License Violation- Fifty Mass Ave. LLC d/b/a The Bootlegger, 50 Massachusetts Avenue
Officer Tocci reported the operative entered the bar at 7:18 p.m., sat and requested a beer. He advised us the
bartender, later identified as Julie Ware, did not request an ID and provided him with a glass of beer. He did not
touch the glass and promptly exited.
Jaret Yost, 14 Wayman St. Fitchburg, appeared on behalf of The Bootlegger and was sworn in. Mr. Yost stated
on that night Julie Ware was a new employee. We have an extensive training program for all our employees
which does include carding everyone. This was an unfortunate incident and we did fire Ms. Ware on that night
as we have a zero tolerance policy for that. All our bartendres and servers are being TIPs Certified. We do take
this mistake very seriously and we are doing anything we can to make it right.
Mr. Ebersole noted there is another violation in the packet "Violation of Lunenburg License Commission
Regulation- Section 1.09 Inspections and Investigations (b) Licensees shall maintain a list of all their employees
and shall have it available for inspection upon the request of an authorized agent of the Authority. Licensees
shall mail their list to the LIC on June 1°t of every year and again as part of the end of year renewal packet. "
There were two letters sent to them; one on July 31 and the other on August 30t*, along with emails, have they
submitted a current list? Mr. Jaret stated they had not responded as they were being trained. The list is current
but we have not sent it to yet. We do have everyone's certification on file and a list of all the employees. Mr.
Ebersole asked and the people whose certificates have expired? Yost stated they are being recertified.
Mr. Ebersole asked are they currently serving alcohol now. Yost stated yes.
Motion: R. Ebersole
21ª: P. Bertram
That there was a violation of M.G.L. c. 138, § 34, [Sale of alcoholic beverage to person under twenty-one
years of age]; Section 1.07 (f) of the Lunenburg License Commission Regulations Alcoholic Beverage
Sales and Laws; Licensees shall be responsible for ensuring that minors are not served alcoholic
beverages and are not drinking alcoholic beverages on the licensed premises, whether served to them by
an employee or handed to them by another patron. Licensees who do not have the ability to keep track of
the drinking activity of minors at the premises shall exclude minors from coming onto the premises in
order to meet the burden of ensuring that there is no underage drinking at the premises. Sufficient
security personnel shall be employed to monitor the premises to ensure that patrons do not pass alcoholic
beverages to minors.]; Section 1.10 (e) of the Lunenburg License Commission Regulations [Standards of
Conduct on the Premises; No alcoholic beverages shall be sold to anyone under the twenty-one (21) years
of age. No service of alcoholic, wine/malt beverages shall be made to anyone under twenty-one (21) years
of age] and Section 1.13(a) (1) of the Lunenburg Lieense Commission Regulations [Other Causes for
Revocation, Suspension and Modification; violation by the licensee of any provision of the relevant
General Laws of the Commonwealth, of the Regulations of the Alcoholic Beverages Control Commission
or of the regulations of the Licensing Authorityl.
Vote: All in Favor
Ms. Bertram asked for clarification on whether staff was TIPs certified and serving or not. Mr. Yost responded
as of now everyone is TIPS certified and he could provide that information within 48 hours.
Motion: R. Ebersole
2": P. Bertram
To find there was a violation of the Lunenburg License Commission Regulation; Section 1.09 Inspections
and Investigations (b) Licensees shall maintain a current list of all their employees and shall have it
available for inspection upon the request of an authorized agent of the Authority. Licensees shall mail
===PAGE 9===
this list to the Lanenburg License Commission on June 1st of every year and also that a letter was sent on
July 31 and August 30, 2017 and as of October 3, 2017 have still not supplied the information
Vote: All in Favor
Motion: R. Ebersole
2": P. Bertram
To issue a written warning on this violation
Mr. Ebersole stated his concern was paperwork isn't just paperwork and it's to make sure people are doing what
they are supposed to do. It could be another violation if people are serving without being TIPS certified.
It is to your benefit to follow the bureaucratic process. Mr. Toale noted this hearing determined that two
violations were found at this time. Ms. Bertram suggested if Mr. Yost does not supply the list within 48 hours
to have The Bootlegger back for another hearing.
Vote: All in Favor
Mr. Toale noted a notice of the decision will be issued via certified mail.
Hearing on License Violation - MIJ, Inc, d/b/a J & M's Sports Bar, 5 Summer street, Unit #Tu
Officer Sean Zrate was sworn in by Mr. Toale. Zrate reported Sergeant Jack Hebert who wrote the incident
report could not be here tonight but Zrate was on duty the night of August 7, 2017.
Lunenburg
Police Department
NARRATIVE
FOR SERGEANT JACK A HEBERT
Rof: 17LUN-745-OF
Entered: 08/07/2017 @ 2254
Modified:
08/0B/2017
Approved: 08/08/2017 @ 0826
Entry ID: JAHO1
Modified ID: JAHO1
ApPIOVaI
ID: ILGO1
Page: I
The following is a summary of events of 8/7/17 at approximately 2055 and 2222, respectfully. While on
full uniform patrol in a marked cruiser for the Town of Lunenburg, I, Sergeant Jack Hebert, was advised by
Officer Zrate that he observed a white Mazda 6, Ma reg. 7KPL40, pull into the parking lot and parked at I&M's
Sports Bar at 5 Summer Strect. Officer Ziate ran this registration and found the registered owner to be only 20
years old, registered to Brianna Purcell (DOB 3/15/1997). Officer Zrate further advised that there was only one
female in the vehicle.
I went by at approximately 2104 and observed the vohicle still in the lot. I logged an area checked of this
business and noted in the narrative that this vehicle was observed pulling into the lot. I ran the registration as
well and observed Purcell's license photo.
A couple minutes later, I entered the bar and spoke to the bartender about a vehicle parked out back by the
dumpster that was being towed. While speaking to the bartender, later identified as Keith Morey (DOB
/15/1967), I observed Purcell sitting at a high table opposite the bar with 3 males. Purcell had an empty glass i
ront of her. This glass was observed to contain a lemon, ice and a straw. I then left the bar
At approximately 2200, Officer Zrate and I returned to J&M's Sports Bar and observed the actions of the
occupants through the window. Purcell was eventually observed to walk up to the bar and be served by Morey. I
entered the bar through the rear door and observed Purcell leaning over the bar with a drink in front of her. I
spoke to Morey at the rear of the bar, as Purcell was observed still standing at the bar, she squeezed the lemon
into her drink and then walked over to a different high table with her drink in hand.
I asked Morey if he just served the female at the bar. He asked which one and I advised him that I was
asking about the female in the grey long sleeve shirt. Morey stated that he did. I asked what he served her and he
stated "A vodka soda." I asked if he asked for identification and he stated "No, I did not."
I then approached Purcell and asked if that was her white car out front and she stated "Yes." I asked if she
had her identification and she stated "Yes," as she began walking to a different table, leaving her drink behind. I
asked if the vehicle was registered to her and she stated "Yes." She was then observed to look through her wallet
and then state that she did not have her license. I asked how old she was and she stated "20." I then advised
Morey that he served Purcell at 20 years old and asked how many drinks her served her and he stated "2." I then
advised Morey to close for the night.
Officer Zrate entered the bar and had Purcell submit to a preliminary breath test. Purcell had a BAC result
of.078. I attempted to speak to her in regards to being under 21 and consuming alcohol, however she was very
standoffish and kept looking at her boyfriend. Purcell questioned why her registration was checked by Officer
Zrate. I advised her that vehicle registrations are public record and can be checked at any time and anywhere. It
was then obvious that Purcell wanted nothing to do with speaking with me further. She was then sent on her
way with her 25 year old boyfriend, leaving her vehicle in the lot.
I then spoke to Morey and the owner of I&M's Sports Bar, Melissa Thibodeau, as she was observed
===PAGE 10===
Lunenburg Police Department
NARRATIVE FOR SERGEANT JACK A HEBERT
Ref: 17LUN-745-0F
Entared: 08/07/2017 @ 2254
Modified:
08/08/2017
0819
Approved: 08/08/2017 @ 0826
Entry ID: JAH01
Moditied ID:
Approval
Page: 2
12 total patrons, 3 playing pool, Purcell and 5 males playing a video game and 3 people sitting at the bar, not
including Thibodeau. I advised them of the process to follow and Thibodeau stated that she knew the process, as
she has been in the bat/alcohol business for 24 years. I attempted to give them some advised to help with
checking identification, such as having patrons only enter the front door and go directly to the bar upon entering
the bar. I advised Morey that without someone at each door, he had to act as bartender and doorman/bouncer. I
cautioned them about allowing under age people into the bar, as they can not watch them all the time, however
Thibodeau didn't seem interested in my advise. Thibodeau just talked over me and told me how long she has
been in the alcohol serving business and that all her bartender's are TIP certified. I asked Morey again if he
checked Purcell's identification and he stated "No." Morey then advised that he knew Purcell's male friends were
all over 21 and Purcell was a bartender, however he did not state where she worked or how he knew that about
her. I asked if he knew her and he stated he did not. I asked again if he checked her identification to see if she
was over 21 and he stated "No, 1 didn't."
As I was speaking to Thibodeau and Morey, Officer O'Brien arrived on scene and photographed the vodka
tonic that Purcell was served. Prior to leaving, Officer Zrate and I advise Morey and Thibodeau that we
published a notification in the paper in regards to compliance checks that this Department reccived a grant to
conduct and advised that they should been on higher alert and comply with checking identification either way.
We also discussed how this incident had nothing to do with the grant, rather it was just by simply running a
registration that started this investigation. Officer Zrate, Officer O'Brien and I then cleared the bar.
Respectfully Submitted,
Sgt. Jack Hebert
Attorney Costa asked Officer Zrate that his name appears throughout the narrative he just read; Zrate
confirmed. Costa asked if he was personally involved in the incident referenced here. Zrate confirmed.
Costa asked if the narrative was prepared by Sergeant Hebert? Zrate confirmed. Costa asked is it fair to say that
the facts described in the narrative that you just read are consisent with your recollection of events of the
evening of August 7, 2017? Zrate stated yes they are. And they are truthful to the best of your knowledge?
Zrate stated yes.
Motion: P. Bertram
2": REbersole
That there was a violation of M.G.L. c. 138, § 34, [Sale of alcoholic beverage to person under twenty-one
years of age]; Section 1.07 (f) of the Lunenburg License Commission Regulations [Alcoholic Beverage
===PAGE 11===
Sales and Laws; Licensees shall be responsible for ensuring that minors are not served alcoholic
beverages and are not drinking alcoholic beverages on the licensed premises, whether served to them by
an employee or handed to them by another patron. Licensees who do not have the ability to keep track of
the drinking activity of minors at the premises shall exclude minors from coming onto the premises in
order to meet the burden of ensuring that there is no underage drinking at the premises. Sufficient
security personnel shall be employed to monitor the premises to ensure that patrons do not pass alcoholic
beverages to minors.]; Section 1.10 (c) of the Lunenburg License Commission Regulations [Standards of
Conduct on the Premises; No alcoholic beverages shall be sold to anyone under the twenty-one (21) years
of age. No service of alcoholic, wine/malt beverages shall be made to anyone under twenty-one (21) years
of age] and Section 1.13(a) (1) of the Lunenburg License Commission Regulations [Other Causes for
Revocation, Suspension and Modification; violation by the licensee of any provision of the relevant
General Laws of the Commonwealth, of the Regulations of the Alcoholic Beverages Control Commission
or of the regulations of the Licensing Authorityl
Vote: All in Favor
Motion: P. Bertram
2': P. Luck
That there was a violation of Lunenburg License Commission Regulation; Section 1.09 Inspections and
Investigations (b) Licensees shall maintain a current list of all their employees and shall have it available
for inspection upon the request of an authorized agent of the Authority. Licensees shall mail this list to
the Lunenburg License Commission on June 1% of every year and again as part of the end of the year
license renewal packet.
Ms. Bertram asked if Ms. Thibodeau was the license holder. She noted the incident report makes it appear that
Thibodeau was less than cooperative that evening. Officer Zrate stated Thibodeau was cooperative but she did
not appear to want to listen to Hebert's advice. She wanted to offer her own opinion. Ms. Bertram asked how
the letter was sent. Ms. Lemieux stated it was sent via certified mail. Ms. Bertram stated she was concerned that
the license holder is not present.
Vote: All in Favor
Mr. Costa confirmed through the Secretary of State website that Melissa Thibodeau is both treasurer and
president of MIJ, Inc.
Motion: R.Ebersole
2"°: P. Luck
To continue the hearing for the penalty phase and get the license holder in on October 17 at 7:05 p.m.
Discussion: Ms. Bertram stated if this was delivered certified mail and the license holder was aware of this
hearing, regardless of what information was presented at the hearing, we need to send a message that this was
serious and that failure to appear does have consequences. She recommended issuing a suspension and wanted
to go on record that this would be her preference. She recommended a minimum of three days suspension. Mr.
Ebersole asked in addition to the certified mail notice, that the Police Department delivers the letter. Mr.
McQuaid asked if they responded to the request for TIPS certification. Mr. Ebersole stated Ms. Peterson would
have noted that if they did. Mr. McQuaid stated he agreed with Ms. Bertram and wouldn't continue the hearing.
Ms. Bertram agreed. Mr. Ebersole stated it was important that they understand why the person did not show up.
It's better to have a dialogue with them. It's important we talk about their rights and their responsibilities with
them in front of us. If they don't show up at the next meeting, he was fine with taking action at that time.
Vote: Ms. Luck-aye, Mr. Ebersole-aye, Mr. McQuaid-nay, Ms. Bertram- nay, Mr. Toale- nay
Since the motion failed, the discussion moved on to the penalty. Attorney Costa explained the licensee's appeal
process to the Alcoholic Beverages Control Commission.
Motion: P. Bertram
2": D. MeQuaid
That MIJ, Inc. d/b/a J & M's Sports Bar's license be suspended for three days: November 3, November 4,
November 5, 2017
Discussion: Mr. Ebersole still had issue with this without contacting the license holder.
Vote: Ms. Bertram-aye, Mr. Toale-aye, Mr. McQuaid-aye, Mr. Ebersole- nay, Ms. Luck - nay
===PAGE 12===
Mr. Toale noted a letter informing the license holder of the three day suspension will be sent. Mr. Toale
thanked the Police Department for their work and coming in this evening.
Committee Reports
Mr. McQuaid reported Capital Planning Committee will be sending out the comprehensive forms to
departments on October 11 and requesting they be returned by November 14. He lauded John Henshaw for his
work on the forms adding it will be a good thing for the town. Planning Board's last meeting was mostly a
hearing on the proposed solar field located at 994 Northfield Road. There are a number of concerns that arose.
He advised those interested to watch the meeting on YouTube.
Ms. Luck reported the School Committee held a workshop on the school calendar using the same negotiation
process that was used in bargaining the last teachers' union contract. Ms. Luck believed the Finance Committee
and Board of Selectmen should be a part of this process going forward. The teachers' contract just negotiated is
going to impact the budget by over $1 million for the next three years of the contract. The Town has a huge
stake in this and needs a voice. They meet again on October 4" in Town Hall. The Storm Water Task Force
met on September 28t and voted to approve DCI Consultant's proposal to map catchments and critical outfalls,
prioritizing these and working with DPW Director Rodriquenz to determine the best solution based on initial
capital expenditures required as well as the maintenance costs. The cost of this proposal is $35,000. The
Community Compact grant of $25,000 will be supplemented by using some of the $40,000 in the DP W
stormwater account. The status of recordkeeping for the 2003 permit was briefly discussed. Investigation of the
MRPC data collection tool for mapping was unable to be addressed due to DPW Director Rodriquenz not being
present at the meeting
Ms. Luck attended the steering committee meeting of the Central Mass Regional Stormwater Coalition this
morning. The annual meeting will be held November 15" at the DEP Worcester office. The steering committee
will meet right after the annual meeting. All coalition members are invited to attend both meetings.
Environmental groups are suing the EPA over the new Ms4 permit delay. The coalition is waiting to hear the
announcement about a $250,000 grant application submitted for a statewide educational campaign. They are
hosting a workshop on October 24; the target audience is DPW Directors and personnel. Participants will tour
locations (Grafton, W. Boylston, Worcester) with attention on best management practices and mitigation
measures covering a wide range of costs. There will be information on design, construction and effectiveness of
each best management practice. Invitations will go out next week. The coalition voted to support attendance at
regional and national conferences of one to two coalition members who will represent them and bring back
information. Storm Water Task Force meets again on October 12'". Ms. Luck reported the Zoning Board of
Appeals will hear a request for a 50 vehicle used car lot at 40 Summer Street. They will also hear a request to
use the property at 102 Pleasant Street as a contractor's yard and to reduce the side yard to 10 feet to reconstruct
a damaged building that was removed.
Regarding the DCI Consultants' proposal, Ms. Bertram stated the town had previously contracted with Earth
Tech to map all of the outfalls and we have all those GPS coordinates which were rated and color coded.
Certainly there may have been changes but she was questioning the mapping component because we already
paid someone to do that. Are we redoing what we've already done? Ms. Bertram suggested we try to locate that
map.
Mr. Toale reported the Finance Committee reviewed the spreadsheet that Mr. McQuaid was referring to in his
capital planning committee report. It will give us the ability to do multiple year planning and cross checking.
It will also be a productivity tool for the departments. Due to a recent resignation there is a vacancy on the
Finance Committee.
Animal Control Officer Quarterly Report
Mr. Ebersole commended Police Chief Marino for his cover letter which summarized actions that were being
taken such as obtaining a newer ACO vehicle, the contribution of a body shop to repair and paint the outside of
the vehicle and install a police radio. He also noted the efforts of the Police Chief working with the ACO and
Dispatch to improve items we stated needed to be improved. He has noted the work he is planning to do going
forward. Chief Marino stated it was really nice of the body shop to do all of that work for free. They did call
him last week to tell him there was a hole in the frame and this brings up a liability issue. He did find an old
===PAGE 13===
Expedition and brought that down to the body shop but it was determined later that it was beyond repair. He
will be going to the body shop next week to look at the original car to assess the damage to the frame. He will
also check with the state to see if an auto auction is coming up.
Town Manager Report-
DLTA Business Town Partnership Grant:
We held the kick-off meeting yesterday with local businesses that is being facilitated by Montachusett Regional
Planning Commission as part of a District Local Technical Assistance grant the Town received to promote local
businesses and create a partnership between the Town and the business community. This first workshop was
with local business owners and to hear what they thought were the strengths, weaknesses, opportunities, and
challenges in doing business in Lunenburg. Provided in your materials tonight is a summary of thoughts,
concerns and ideas shared by everyone at that meeting. Also, MRPC provided an ESRI Retail Marketplace
Profile that shows what type of businesses bring in consumers from outside of Lunenburg and what type of
businesses lose consumers to businesses outside of Lunenburg. There were a number of ideas shared and one I
found encouraging because we have identified this as part of our future updated website is a desire to have a
central directory of all the businesses in town. The next workshop will be on Monday, November 6 at 7 p.m.
in the Town Hall Joseph Bilotta Meeting Room and this one will be for residents to come voice their ideas
about the business community in Lunenburg and what types of business they would like to see. The next
business workshop meeting will be on Monday, November 13* at 9:30 a.m. in the Town Hall Joseph Bilotta
Meeting Room.
CPR Training for Town Employees:
The Lunenburg Fire Department is offering CPR Training for town employees on October 12th and October
!. All town employees have been notified by the Fire Department and it is on a first come, first serve basis
due to space limitations.
Green Communities Task Force:
The Green Communities Task Force will have a meeting tomorrow, October 4* and will review their
recommendations for projects to be considered for the next grant round and the timeline that will need to be met
in order to be eligible for the next grant round in the spring. There will also be discussion on the $5,000 District
Local Technical Assistance Grant that will pay for grant administration services to be utilized to apply for the
competitive Green Communities grant.
Town Hall Painting Project:
Bids are due on Wednesday, October 11** at noon. There are currently nine (9) companies that have requested
the bid package.
Town Counsel Office Hours:
Town Counsel will be holding office hours on Monday, October 16th from 3-7 p.m. and on Monday, October
30t from 2-6 p.m.
Bylaw/General Code e360:
General Code has completed codifying our bylaws and Town Charter and they are now online for easy access
and users have the ability to use a search feature. This project started in FY 2013 and will contribute to our
future website that will be easier to navigate and locate information for residents and businesses.
Rental of TC Passios Kitchen Space:
In August I was contacted by a local business owner that was interested in renting the kitchen space at the T.C.
Passios. We met and began discussions in August and since then one other business owner that is affiliated
with the first business owner is interested in co-renting the space. We have met and corresponded in the last
two months to address all the questions that relate to renting space and special requirements that would have to
be met since it would be used for commercial kitchen space. I have a meeting tomorrow with Jim Garreffi of
===PAGE 14===
the Nashoba Associated Boards of Health to discuss the Board of Health food service permit. This would also
require a grease trap permit from the Sewer Commission and a hood inspection from the Fire Department. The
renter would be required to have the limits of insurance coverage as recommended by our insurance carrier and
name the Town as an additional insured. The rental fee would cover electricity, gas, water, sewer, trash
disposal costs and the use of the existing commercial equipment. Attorney Costa has provided a draft agreement
that I am currently reviewing. The term will be a month to month agreement. In light of the article that was in
the Sentinel yesterday about opening a community kitchen in Lunenburg and the interest that has been
expressed by those referenced in the article, as well as at the DLTA Business workshop held yesterday, I
caution that this in fact does deserve exploration but a rental of that space is already currently in progress.
Starting off renting to one or two local businesses provides us an opportunity to find out what works and what
does not. This should be considered similar to a pilot program and will give the Town sufficient time to explore
all the logistics of sharing space with multiple business owners. I have contacted the Worcester Chamber of
Commerce, who was part of forming the Worcester Regional Food Hub, to request information on the
formation. This particular food hub included a commercial kitchen incubator program, marketing and
distribution services for local farms and producers, and workforce development culinary training. One thing I
found particularly interesting was the distribution services component looked at how these farmers could
provide produce for local colleges and Worcester Public Schools.
INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS
Ms. Lemieux requested the Board ratify the appointment of Jane Ranley as Sewer Commission Minutes Clerk.
Motion: R. Ebersole
2nd.P. Bertram
That the Board ratifies the appointment of Jane Ranley as Sewer Commission Minutes Clerk
Vote: All in Favor
Resignation from APDC/Historical Commission Representative - Cullen Dwyer
Mr. Toale noted that there are now two vacancies on the APDC, one for the Historical Commission and the
other for a craftsperson/design professional.
Resignation from Finance Committee- Cindy Testa
Ms. Testa's business has picked up so she has no time for the committee now. Anyone interesed should submit
a talent bank form to the Board of Selectmen office.
The Board signed letters of appreciation to the two committee members.
Mr. Toale reviewed the upcoming meeting schedule with the Board members.
PUBLIC COMMENT:
Mr. McQuaid wanted to express his appreciation for the work that the Police Department does, noting in light
of recent events, that it is a dangerous job and that we should be doing everything we can to support them. He
stated he would be in favor of adding more personnel to that department at budget time.
Mr. Toale wanted to make a general statement regarding public comment at board and committee meetings. It is
a difficult job to be on a committee in this town; there is homework to be done, there are meetings and
subcommittee meetings to attend. When citizens exercise their right, which they certainly have, to speak at
those meetings, I would encourage them to remember that the people they are speaking to and about are
volunteers and have the best interest of the town at heart or they wouldn't be doing that job. Certain allegations
of some people being quite forceful, abusive and threatening at some of those meetings is inappropriate when
we are talking about a public committee. It's important for us to reinforce the fact that we are dedicated to
getting input from the public but without intimidating, threatening or belittling someone who is giving their
effort to the town.
He thanked Attorney Costa for being present tonight. Costa thanked him and informed the board he would be
continuing the office hours at different times to allow everyone to get some time; we are working through some
of the kinks in the timing of the appointments. It will get smoother as time goes on. It's been enjoyable so far.
===PAGE 15===
Motion:P. B
ertram
To adjourn the meeting at 9:37 p.m.
Respectfully submitted,
Clairem Peterson
Elaine M. Peterson
Executive Assistant to the Town Manager
2"°: R.Ebersole
Vote:All in Favor

========================================================================================
DOCUMENT : 2017-10-10-agenda-5046.txt
BOARD    : select-board
DATE     : 2017-10-10
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-10-10-agenda-5046.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10102017-5046
========================================================================================

===PAGE 1===

========================================================================================
DOCUMENT : 2017-10-10-agenda-5075.txt
BOARD    : select-board
DATE     : 2017-10-10
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-10-10-agenda-5075.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10102017-5075
========================================================================================

===PAGE 1===
Select Board Meeting- Executive Session1.

========================================================================================
DOCUMENT : 2017-10-10-minutes-5046.txt
BOARD    : select-board
DATE     : 2017-10-10
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-10-10-minutes-5046.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10102017-5046
========================================================================================

===OCR macOS Vision===
===PAGE 1===
D
RECEIVED & FILED
BOARD OF SELECTMEN
MINUTES
Joseph F. Bilotta Meeting Room, Town Hall
October 10, 2017
NOV 1 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
Also present: Heather Lemieux, Town Manager
Board/Committee Members attending: Terri Burchfield (Finance Committee), Peter Lincoln (Council on
Aging), Jim La Veck (APDC/School Committee), Greg Bittner (Planning Board/ Green Community Task
Force), Jane Rabbitt (Council on Aging), Steve Walker (Public Access Cable Committee (PACC)/Cable
Advisory Committee), Richard Mailloux (Library Trustee), Al Gravelle (Zoning Board of Appeals), Brian
Corcoran (APDC), Hans Wentrup, (Zoning Board of Appeals), Erik Arnold (Personnel Committee), Ken
Chenis (Planning Board), Richard McGrath (APDC), Lou Franco (Board of Assessors), Matthew Allison
(Planning Board/Storm Water Task Force), Michael-Ray Jeffreys (Planning Board/ Charter Review
Committee), Katey Adams (Charter Review Committee), John Henshaw (Finance Committee/Capital
Planning); Karin Menard (Parks Commission), Jack Rodriquenz (Storm Water Task Force)
The meeting commenced with the Pledge of Allegiance.
PUBLIC COMMENT:
Ms. Luck announced the Lions Club Pancake breakfast tomorrow morning from 8:00 to 10:30 a.m. at the Senior
Center.
Dave Rodgers, 82 Highland Street, hoped every board and committee would hold a public comment period at
the beginning and end of their meetings so that attendees can comment on the agenda items. He also hoped
recording every meeting would become standard practice.
Mr. Toale reviewed the list of committees; see the attendance list above. Boards and committees not represented
tonight were the Agricultural Commission, Conservation Commission, Board of Health, Sewer Commission,
Housing Authority and the Historical Commission.
Mr. Toale reviewed the Board of Selectmen goals for the current year:
• Identify desire for and type of Economic Development for Lunenburg
• Develop an Infrastructure Plan (including Roads, Buildings and Equipment)
• Improve Public Satisfaction through Community Involvement and Public Outreach
Mr. Toale asked those present to expand on what were their committee's goals, if any.
Finance Committee Chair Burchfield stated for the last couple of years they have been working on the financial
policies of the town and this past year they have been focusing on debt policy as it relates to capital planning
and infrastructure. She echoed Mr. Rodgers' comments about minutes noting it is hard to participate in the
meeting and record minutes. She would like to get a good sense of what the town is looking for going into the
budget season. Ms. Luck asked are you suggesting that the Finance Committee should have someone to record
their minutes. Ms. Burchfield stated yes it would be nice if we were recording the meeting, to have someone
transcribe them and then we would vote on their acceptance at the next meeting.
Karin Menard (Parks Commission) echoed Ms. Burchfield's comments stating it is extremely difficult to record
minutes and be able to participate. She added it would be good if everyone's minutes were similar too.
===PAGE 2===
Menard stated we are a three person commission and all are relatively new to Parks Commission, having only
been on it for about a year. This year they had a lot to address because there were some things that had been
overlooked in the past. We found our town beach coordinator and lifeguard positions needed to be added to the
salary administration plan. We spent a lot of time looking at the town fields and working on usage and fee
policies. We don't have any goals currently because we are still trying to find out what has been done and what
hasn't. Another item is communicating with the public. Right now we have a great volunteer Chris Letarte who
spearheaded the cleanup at Wallis Park in the Whalom area. We would like to get more people involved; there
is always something that needs to be done. We would like to know what everyone wants to do at our parks.
Ms. Luck asked Ms. Menard if they had an inventory of all the parks and are they in good shape? Ms. Menard
responded that DPW Director Rodriquenz does and all of the parks need improvement. Most of the equipment
is thirty years old and out of date and code. Most of it has been removed. She clarified she was not speaking
about the three playgrounds. Parks has nothing to do with those; they fall under the school department. Mr.
Ebersole asked if the Open Space plan covers the park property. Menard stated she did not know. Ms. Bertram
noted the Open Space plan makes a reference to them but does not specifically address them.
Ms. Bertram asked if the Parks Commission had created an overall financial plan of what kind of investment is
needed when discussing the fee schedule and what are the fees going to do to upgrade the Parks' needs? Menard
stated when she came on nothing was in place so there was a push to at least get something in place. They spent
time researching what other towns did. Over the past year they have slowly been getting information on what it
costs to maintain those fields. For almost ten years we haven't seen an increase in the fees for town beach
passes and swim lessons. We will continue to evaluate what the fees are going forward.
Ms. Bertram asked about the artificial turf field. Menard stated there has been a lot of discussion on who
actually oversees the turf field. We hope to work that out issue over the next couple of weeks.
Lou Franco, Board of Assessors Chairman, stated they discover, list and value all Lunenburg properties; real
estate and personal property. They just contracted with a company to uncover and identify personal property
valuations. We believe there is a lot of potential revenue out there. People are unaware they are supposed to be
paying taxes on personal property. We are continuing to build our Geographical Information System (GIS)
mapping capabilities. We continue our periodic inspections which are on a nine year cycle. We want to
improve our efficiency with data collection and return rates of necessary assessment data. We want to have
more information on the website for people to view so they understand the assessment and taxation process. We
hold abatement hearings on a monthly basis. We also grant exemptions under different categories of eligibility.
Greg Bittner, Planning Board Chairman, reported one of their goals is working on the bylaw. We are currently
working on the use table and definitions for each district. Increased communication with other boards and the
public is another goal.
Dick Mailloux, Chairman of the Trustees of the Public Library, reported their goal is to continue to provide
services to the community. Summer programs were very well attended. In addition, Project Bread used our
facility to offer lunch to anyone under the age of eighteen years old on Mondays and Wednesdays during the
summer program. We continue to offer programs to all ages. We want to bring in more community to the
Library.
Matt Allison stated he believed public comment on the beginning and end of every meeting would be beneficial.
He believed all documents, such as agendas and minutes should be standardized. He recommended digitally
recording the meeting and doing the minutes later. He also recommended standardized signage for events.
Michael-Ray Jeffreys, representing the Charter Review Committee, echoed previous comments. As clerk for the
Charter Review Committee, he had viewed other Boards' agendas and formats and stated the Planning Board
sets the standard. He believed the Board of Selectmen's minutes are the most thorough with more of a transcript
format. He uses the Planning Board minutes as his model, keeping to detail and key points. The Charter Review
Committee is taking a four-phased approach. The first phase is community outreach and collecting information.
Each committee member is a liaison to a Town board or committee. The second phase is creating work groups
===PAGE 3===
based on specialized ideas. The third phase is to draft the legislation language for proposed changes. The fourth
phase is community outreach. We have decided to maintain a 2/3rd majority as a committee going through
everything we do. Our goal is to present at Annual Town Meeting in May 2018.
Steve Walker, PACC Chairman, reported there are two public access channels for Lunenburg. Their mission is
to serve the community through the creation of broadcast media programming for and about Lunenburg. We
provide residents, students and organizations with access to and training on some of the equipment. It's possible
to borrow a camera if you want to record a Lunenburg function. We can assist with editing to make your event
into a program. We have a new high definition server in our studio. We are trying to increase our community
interactions. The high school STEP program is ongoing with us. Any committee members who want to inform
the public about your committee should contact them.
For the future, we are seeking a permanent studio location of 2600 square feet, We are looking to increase our
present staffing and we are planning a mobile production unit. We are negotiating with Comcast for the renewal
of the cable license. We are looking for two types of volunteers; two PACC committee members and people to
run equipment in the studio and at events. Mr. Ebersole asked if they have capacity to record more committee
meetings. Walker stated there are a couple of issues, lack of enough volunteers and storage capacity.
Moving on to the Cable Advisory Committee, Walker reported they are still negotiating for the license renewal.
Some of the items the Cable Committee is requesting are an increase in the cable fee, access to a high definition
feed while maintaining the standard definition for those who need it, and access to the electronic program guide.
We are also requesting an education channel be added. Ms. Luck asked how much of what you get from
Comcast is paid by the cable subscriber. Walker reported it's basically a pass through. At this moment, it's
about $2.70 per subscriber per month.
Jane Rabbitt, Council on Aging member, showed their monthly newsletter, noting they are now the Eagle
House Senior Community Center. They are now open on Fridays thanks to the Eagle House supporters and
without increasing the budget. There have been some improvements to the kitchen. A washer and dryer have
been added to the Senior Center. The center was painted recently. They have a bocce and shuffleboard court.
Recently a billiards table was donated to the center. Unduplicated visits to the center rose by 15% this year.
Future goals and needs are increasing staffing funding for Fridays and evening programming. They are also
seeking to hold indoor pickleball at the Passios Building. We would also like to expand adult learning classes
through the ALPHA program in Fitchburg to the Lunenburg Senior Center.
Richard McGrath, APDC Chairman, reported they have been working over the past year to create the
Architectural Preservation District guidelines with input from the Board of Selectmen, the Land Use Director
and the public. Going forward we are ready to present changes to our most recent draft. Following that we will
hold a public hearing before the Board of Selectmen and then vote to approve them. Once completed, we
become a functioning body. We are down to three members with two vacancies.
Al Gravelle, Zoning Board of Appeals Chairman, reported their purpose is to interpret and enforce the
protective bylaw of Lunenburg on a case by case basis. The board hears and decides petitions for appeals and
enforcement of the Building Commissioner who is also the Zoning Enforcement Officer, Special Permits as
allowed under the bylaw, variances from the requirement of the protective bylaw and comprehensive permits
under Chapter 40B (Affordable Housing) of Massachusetts General Law. We hold public hearings on all and
we meet on the second and fourth Wednesday of each month, as needed. Most cases are heard, deliberated on
and voted on the night of the hearing. We do allow public comment at the end of each meeting due to the
amount of material addressed during the hearing. We are five members with five year terms and two alternates
with three year terms. We just reviewed 40B several months ago and revised it.
Matt Allison returned to ask if there were any questions. He added the Storm Water Task Force also has a
vacancy. They meet monthly.
===PAGE 4===
Damon McQuaid reported on Capital Planning Committee. He noted John Henshaw's tireless work on
improving the request forms for departments. The forms will be digitized and standardized. He added recording
minutes is a lot of work and there should be some way we can assist people in recording them.
Mr. Ebersole stated taking minutes is an art. He had to learn how to do minutes years ago as a committee clerk.
The Open Meeting law has expanded on what we are supposed to record. It is more than just recording votes.
The public should be able to understand what occurred at the meeting without having attended it. This is not
something the town trains volunteers to do and this is something we need to do, or do it differently. He was
impressed by the professionalism of the various boards and commissions this evening.
He noted some of the themes he heard tonight:
• a need for technical support
• agenda and minutes
• GIS website
• planning
• updating data
• tools
• information
• maintenance
• is there a fee for maintenance and capital improvements
• communication
• demands of day to day operation versus planning for the future
• services and duties: how to improve and expand them in hours or people served
• need for improved funding, facilities and equipment
• volunteers to support operations
• volunteers for boards
Mr. Toale asked how can we increase the communication within boards, between Boards and the Selectmen.
What assistance do other boards need from the Selectmen? Does the role of liaison assist in any way? Should it
be different, improved or changed? Is there anything else you would like to talk about?
Ms. Bertram stated the committee overview form that was sent out to the boards is to assist the public in
understanding what their committees do. Ms. Burchfield believed educating the public on the various
committees and how they work is important. Is there a way to use our website better to get some of that stuff
out there or do video streaming from the site? Discussion about the logistics of using social media ensued. A
suggestion made to improve communication amongst all the committees was to meet more often than annually.
Ms. Lemieux reported we are going to be overhauling the town website through Community Compact grant
funding. It will be less cumbersome and easier to navigate while providing more information.
Discussion ensued about how to proceed further. Several suggestions and ideas were discussed such as
scheduling quarterly committee reports at Selectmen meetings and printing semiannual newsletters of
committee reports that include descriptions of their responsibilities and what they are working on or writing a
column for The Lunenburg Ledger on the town activities. How do we engage the public more and encourage
more attendance at town meetings?
Mr. Toale thanked everyone for coming in this evening. It was decided to fill out the board overview worksheet
and make it available on the website for the public. Each board was requested to submit the form back to the
Selectmen office. The visiting board and committee members began exiting the meeting at 9:05 p.m.
The Board signed an accounts payable warrant in the amount of $518,957.94. There were no action file issues.
The Board discussed their October meeting schedule. The Board will meet on Monday, October 23rd due to
them attending an opioid informational forum on their regular meeting night. Ms. Lemieux reported the School
Superintendent had informed her that the School Committee can meet with this Board for a workshop on either
===PAGE 5===
November 7"h or 14"h regarding their long-term plans for Turkey Hill Elementary School. It will coincide with a
discussion on town buildings. Mr. Toale requested a motion to enter Executive Session.
Motion: R. Ebersole
2^d: P. Bertram
To enter Executive Session under M.G.L. c. 30A, 821, 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 Contract) and then to enter Executive Session under
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) and to adjourn afterwards.
MIr. McQuaid-aye, Mis. Luck- aye, Ms. Bertram-aye, Mr. Ebersole-aye, Mr. Toale-aye;
Ms. Bertram stated she would be recusing herself from the second executive session. Ms. Lemieux exited the
meeting.
*****************************Executive Session Minutes are Separate************************
The meeting adjourned at 9:11 p.m.
Respectfully submitted,
Elairem Peterson
Elaine M. Peterson
Executive Assistant to the Town Manager

========================================================================================
DOCUMENT : 2017-10-10-minutes-5075.txt
BOARD    : select-board
DATE     : 2017-10-10
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-10-10-minutes-5075.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10102017-5075
========================================================================================

===OCR macOS Vision===
===PAGE 1===
The meeting commenced at 9:11 p.m.
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)
Motion: R. Ebersole
2nd. P. Bertram
To enter Executive Session and adjourn immediately following
Mr. McQuaid-aye, Ms. Luck- aye, Ms. Bertram -aye, Mr. Ebersole- aye, Mr. Toale- aye
Ms. Bertram stated she would be recusing herself from Session II when the AFSCME negotiations discussion
occurs. Ms. Lemieux exited the meeting.
Mr. Toale stated Ms. Lemieux's performance review schedule and salary increases need to be discussed. It's
time for her performance review and we never had a discussion concerning salary increases. He had informed
Attorney Terry what the Board generally agreed on in August in terms of the performance review process and
setting goals and he had asked him to give some thought to how to make those two items line up.
Attorney Terry suggested considering a timeline that runs consistently with the Board's election cycle rather
than the fiscal year so Lemieux would have the benefit of board members who have worked with her
participating in her evaluation. It was noted this Board historically had completed performance evaluations
before the first week in May with pay increases being effective July 1.
!. Terry stated there are many contracts'
wording that leaves it up to the Board's discretion as far as scheduling the performance reviews but also reflects
the reality of the financial circumstances. Procedurally a lot of people look back at the past six months and build
something into the process.
Discussion ensued about wording in the contract regarding who participates in the evaluation and when it would
be done. It was determined the review process needs to be started now to be delivered in January 2018 and
another evaluation completed prior to the 2018 May election. The review period should be changed from
January to May going forward with the pay increase effective July 1s!. Terry suggested extending the contract to
June 2020 instead of January 2020. Suggestion was made to give a bonus now and renegotiate the contract
effective July 1% for the next three years (from July 2018 to June 2021).
Mr. Toale stated he would send out the performance review form with a January date but it needs to be
completed in December. Further discussion about how the rating system ensued. Mr. Toale noted when the
original contract discussion began the Board missed defining sick and personal days. Terry advised sticking
with the Salary Administration plan guidelines for those unless Ms. Lemieux differs.
===PAGE 2===
Executive Assistant to the Town Manager
JUN 05 2019
LUNENBURG TOWN
CLERK OFFICE

========================================================================================
DOCUMENT : 2017-10-17-agenda-5047.txt
BOARD    : select-board
DATE     : 2017-10-17
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-10-17-agenda-5047.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10172017-5047
========================================================================================

===PAGE 1===

========================================================================================
DOCUMENT : 2017-10-17-minutes-5047.txt
BOARD    : select-board
DATE     : 2017-10-17
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-10-17-minutes-5047.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10172017-5047
========================================================================================

===OCR macOS Vision===
===PAGE 1===
Also present: Heather Lemieux, Town Manager
The meeting commenced with the Pledge of Allegiance.
PUBLIC COMMENT:
Mr. Toale announced due to attending a community forum on Tuesday, October 24",
, the Board will meet on
Monday, October 23* at 7:00 p.m. in the Lunenburg Middle/High School. The meeting will be recorded but
will be broadcast at a later time.
The Town is forming a partnership with its local businesses to enhance economic development. We would like
to hear from residents about what types of businesses and events can make Lunenburg a better place to live.
Residents are invited to participate in an interactive dialogue that will focus on what residents would like to see
moving forward in terms of business in Lunenburg. The meeting will be in the Bilotta meeting Room in Town
Hall on Monday, November 6" at 7:00 p.m. This meeting is being held with the assistance of the Montachusett
Regional Planning Commission. Please RSVP to John Hume at MRPC by email to jhume@mrpc.org or calling
the Board of Selectmen office at 978-582-4144 by November 1st
Ms. Luck announced free child care will be available during the Resources for Opioid Awareness and Recovery
(ROAR) Forum on the 24'h
at the Lunenburg Middle/High Auditorium from 6:00 - 8:30 p.m. The effort is a
collaboration of CORI'd adult volunteers from the Lunenburg Boys & Girls Club and the Lunenburg National
High School Society students.
Ms. Bertram announced the Lunenburg Snow Riders will have a bridge dedication ceremony in memory of
Peter Charpentier on October 28'* at 11:30 a.m. Participants should meet at the Lane Property parking lot on
Holman Street at 11:00 a.m. Please RSVP to Ms. Bertram at pbertram@lunenburgonline.com or you can go to
the Facebook page for the Lunenburg Snow Riders and RSVP. There will be a light lunch served afterwards.
Katey Adams, 40 Williams Ave, stated she has been advocating for some time to preserve the municipal
identity of town center and to preserve the municipal land for future municipal use. She submitted a citizens'
petition for the Special Town Meeting warrant to place a moratorium for no less than ten years on the sale of
municipal buildings known as T.C. Passios, Ritter Building, Town Hall, Brooks House and the Old Primary
School.
Terri Burchfield, Finance Committee Chair, announced their public hearing on the Special Town Meeting
articles on Thursday, November 9* at 7:00 p.m.
Storm Water Task Force Review MS4 Notice of Intent/discuss MS4 Stormwater Management Plan
Land Use Director Adam Burney gave a presentation about the Phase II permit. The permit is a federal
environmental agency permit issued under the National Pollution Discharge Elimination System process. It is
for the collection of stormwater within an urbanized area that is owned and maintained by a municipality. It
involves public outreach/education/participation and involvement, illicit discharge detection and elimination,
construction site runoff control, post construction runoff control, pollution prevention and good housekeeping.
Currently we are on year 12 of the 2003 permit. The permit is issued through the federal government (EPA)with
conditions and orders. The town submits a Notice of Intent (NOI); within the first year the town completes a
comprehensive storm management plan which outlines the actual activities and identifies responsible parties.
The town will work on yearly activities identified in the permit along with annual work, such as catch basin
===PAGE 2===
elements that are removed trom the permit.
Ms. Bertram asked for confirmation that mapping of the stormwater outfalls, public outreach and education
items will still go forward. Mr. Burney confirmed the mapping has been done to assist in the pavement
management program in an effort to identify problem areas. In addition, as part of the Community Compact
Program the Storm Water Task Force has hired a consultant to work with the DPW to look at catchment areas
within the MS4 and to start ranking and prioritizing which outfalls and catch basins may benefit from additional
infrastructure or may carry the most pollutant load and would need attention. Mr. Toale asked if the November
special town meeting article addressing stormwater has any relation to the permitting process.
Mr. Burney noted there was no change to the wording but they were being moved from the zoning to the
general bylaws.
Presentation on GASB (Governmental Accounting Standards Board) 75/OPEB
Parker Elmore of Odyssey Advisors reported on the actuarial asset valuation of the OPEB (Other Post
Employment Benefits) plan for the fiscal year ending June 30, 2017 and which reflects adoption of GASB
Statement #45 which became effective July 1, 2008.
Mr. Elmore reported on the OPEB plan actuarial valuation for the reporting period ending June 30, 2018. The
figures relected in the report reflect the adoption by the town of GASB Statement #74 and 75.
The Board thanked him for coming in.
Hickory Hills Landowners Assoc. Dam Committee - Request for Easement
Ms. Bertram stated she was a member of Hickory Hills Dam Committee and a resident of Hickory Hills and
would be recusing herself from this discussion. She has filed a notice of disclosure with the Town Clerk office,
however she would be potentially participating in this and future discussions as a dam committee member and
landowner, but not as a member of this board.
Mr. Toale stated he was a resident/landowner in Hickory Hills and had filed a notice of disclosure under section
23(B)(3), with the Town Clerk office, but did plan to participate as a board member. He noted Mr. McQuaid is
also a Hickory Hills resident and should have filed a notice of disclosure as well. (McQuaid was not present for
this discussion tonight).
John Fortune and Mel Bertram were present to make the request for an easement on town property. Mr. Fortune
stated the dam committee has eight members. He gave a brief overview of the Hickory Hills Lake Dam. The
majority of the dam is adjacent to Townsend Harbor Road. In order to meet recent state requirements,
overtopping the 1900 foot long earthen portion of the dam with erosion resistant material is required. The dam
committee was requesting the town agree to a legal easement to allow HHL to perform and maintain the
overtopping within the right of way as well as approval to work with Town Counsel to draft an easement
agreement using their standard legal document. There will be no monetary cost to the Town, it is being funded
entirely by the Hickory Hills Lake residents. Ms. Bertram stated the committee is looking for approval to work
with Town counsel tonight. She stated she has spoken with Attorney Costa and he believes it makes sense for
him to draft the agreement.
Motion: REbersole
2"d.P. Luck
To authorize Town Counsel through the direction of the Town Manager to review this proposal and draft
the proposed easement
Vote: All in Favor except Ms. Bertram (who recused herself)
===PAGE 3===
by Attorney Costa, Ms. Lemieux and Mr. Scheid. Ms. Bertram stated she was in favor of the PILOT agreement
but reminded all that there are still other approval processes the applicant needs to go through.
Motion: R. Ebersole
2"d: P. Bertram
To approve the Nexamp PILOT as presented
Vote: All in Favor
Mr. Clark stated they are scheduled to appear before the Conservation Commission and Planning Board. The
exhibit to the document may change based on what's ultimately approved by the above boards. In addition, their
attorney has yet to review the PILOT agreement. He requested these steps be completed before executing the
agreement.
Mir. Ebersole amended his motion to approve this subject to calculations being changed based on the final
project. Ms. Bertram seconded.
Discussion: Ms. Bertram stated if there are substantial changes to the document she would assume it would
come back to this Board. Ms. Lemieux stated there is language within the agreement that it's based on the
nameplate which is the size of the facility, so it could decrease in size and the PILOT payments would be
adjusted. Mr. Ebersole withdrew his amendment to the motion.
The Board agreed that an changes by Nexamp's counsel would have to come back before the Board for
approval.
David Passios asked if this would affect the increase of real estate taxes on that property over that time period of
twenty years. Seletman Bertram confirmed that it would not affect real estate taxes.
Common Victualer License Application-
Global Montello Group d/b/a Honey Farms Store #3829, 134 Leominster-Shirley Road
Wayne Matthews, Territory Manager for Global Montello Group Corporation, presented for the common
victualer license application. He explained there was a change of ownership. They will be coming before the
Board in November for the alcohol license transfer.
Motion:R. Ebersole
To approve the common victualer license for Global Montello Group Corporation for 134 Leominister
Shirley Road as submitted
2nd: P. Bertram
Vote: All in Favor
OLD BUSINESS
1. Board of Selectmen Goals
• Identify desire for and type of Economic Development for Lunenburg
• Develop an Infrastructure Plan (including Roads, Buildings and Equipment)
• Improve Public Satisfaction through Community Involvement and Public Outreach
Mir. Toale stated the economic development workshop and a workshop relative to the municipal buildings
would be coming up within the next month. Ms. Bertram stated in light of the citizen petition article presented
for special town meeting, she suggested a discussion of the building reuse be placed on the agenda sooner rather
than later. She added it might be beneficial to hear from the presenters) of the article as to what the funding
mechanism would be behind their proposed suspension for the next ten years and understand what that would
mean to the town as far as what it means to reutilize or repurpose that space. Further discussion ensued about
the logistics of scheduling workshops in time for special town meeting.
===PAGE 4===
Mis. Lemleus reportea Josepn and Barbara Unners, the owners of property located at 2030 Massachusetts
Avenue, have notified the town of their intent to remove their 23 acre parcel out of Chapter 61B classification.
We have contacted the Planning Board, Conservation Commission and Open Space Committee to see if there
was any interest in the property. Planning Board had expressed interest in it. The assessed value is $224,000.
Ms. Lemieux explained the process required for the Right of First Refusal which requires a public hearing and
notice to the property landowner. An appraisal of the land, paid for by the town would have to be performed
also.
Motion: R. Ebersole
2nd: P. Bertram
That the Board pursues the option to exercise the Board's right under Chapter 61B to purchase the
property located at 2030 Massachusetts Avenue
Vote: All in Favor
Ms. Lemieux noted the town has 30 days to perform the appraisal after exercising their right.
3. Review November 28, 2017 Special Town Meeting Warrant Articles
Ms. Lemieux noted that any monetary articles that are raising and appropriating at a special town meeting
requires a 2/3rd vote.
Article 1 raises and appropriates or transfers from available funds, all sums of money necessary to amend the
amounts voted for the Town's FY 2018 Budget, under Article 8 of the May 6, 2017 Town Meeting. This article
is to utilize our excess levy due to a higher than expected excess new growth and make any necessary budget
adjustments. The figure can be provided once we receive certification of our new growth from the Department
of Revenue.
Articles 2 and 3 fund the first year, fiscal year 2018, of the Firefighters and Clerical union agreements
respectively.
Article 4 raises and appropriates or transfers from available funds, the sum of money to fund architectural and
engineering services for the conceptual design and construction cost estimates for the construction of municipal
offices at the T.C. Passios Building. A dollar amount will be assigned before the town meeting.
Article 5 is a citizen's petition to raise and appropriate or transfer from available funds, a sum of money in the
amount of $25,000 to supplement the amount voted under Article 7 of the 2017 Annual Town Meeting on May
6, 2017 under the Capital Planning Report which provided $12,000 to be used for the Playground Project at
Wallis Park. The funding source will have to be identified by the petitioner.
David Passios stated he understood there will be surplus money from new growth certification; he wanted to
know if the $800,000 in free cash is available for use at Special Town Meeting in November. Ms. Lemieux
stated it would be available, but that money is typically appropriated at Annual Town Meeting.
Article 6 creates a revolving fund that will use a technology fee that is proposed to be placed on permits and
licenses applied for online. The fees will pay for software fees, software upgrades and equipment related to the
electronic permitting. The departments using this software will be the Planning Board, Building Department,
Zoning Board of Appeals, Town Clerk, Board of Health, Conservation Commission, Board of Selectmen, Fire
Department, and Department of Public Works.
Article 7 establishes a revolving fund for the deposit of proceeds from the rental and lease of the artificial turf
field located at 1079 Massachusetts Avenue. This is a revolving fund established under Chapter 40, § 3 and
creates a revolving fund that will use rental and lease payments received for use of the turf field. If not
established these fees would go into the General Fund.
===PAGE 5===
expenaltures of the tuna for the upkeep and maintenance of said facility.
Article 10 is a citizens petition and places a moratorium of no less than ten years on the sale of the land and/or
buildings situated thereon known as the Ritter Memorial Building located at 960 Massachusetts Avenue, shown
on Assessor's Map 071, Lot 074; the land and/or buildings situated thereon known as the old Primary School
Building located at 30 School Street, shown on Assessor's Map 071, Lot 076; the land and/or buildings situated
thereon known as Town Hall located at 17 Main Street, shown on Assessor's Map 060, Lot 005; the land and/or
buildings situated thereon known as the Brooks House located at 1033 Massachusetts Avenue, shown on
Assessor's Map 060, Lot 055; and the land and/or buildings situated thereon know n as T.C. Passios School
located at 1025 Massachusetts Avenue, Assessor's Map 060, Lot 055. It was noted the vote will be a non-
binding vote in that it cannot require that a town meeting within the next ten years vote to sell one of the
identified town buildings.
Article 11 authorizes the Board of Selectmen to enter into a lease agreement with a telecommunications
company for the lease of space at the Town Hall, for a term of ten (10) years, with three (3), five (5) year
extensions on such terms and conditions as the Board of Selectmen deem in the best interest of the Town; and to
authorize the Board of Selectmen to take all actions necessary to administer and implement such agreement.
This article is on the warrant because the lease agreement with T-Mobile that was authorized in 2000 is
invalid. The law at that time only allowed for a 10 year lease and the Board at that time signed a 25 year lease
agreement. Once town meeting approves a new lease term of 25 years total, a RFP will be issued to comply
with procurement law as well.
Article 12 amends Article XV of the Town's Bylaw entitled "Salary Administration Plan" of the Town of
Lunenburg as follows: the position of Beach Director be added and assigned to Grade 7; the position of
Lifeguard be added and assigned to Grade 1; the position of Local Inspector be added and assigned to Grade 10.
This article is to comply with the Salary Administration Bylaw to accept any new positions into the Salary
Administration Plan at town meeting with their established grade as approved by the Personnel Committee.
Article 13 accepts M.G.L. c. 90, §17C, authorizing the establishment of a speed limit of 25 miles per hour on
any roadway inside a thickly settled or business district that is not a state highway.
Article 14 accepts M.G.L. c. 90, §18B, authorizing the establishment of designated safety zones with a speed
limit of 20 miles per hour on, at, or near any way which is not a state highway and/or, with the approval of the
Division of Highways, a state highway.
Article 15 accepts M.G.L., c. 90 §20A½, authorizing designation of a parking clerk to perform the duties
specified in said statute.
Article 16 authorizes the Lunenburg Public Schools to enter into a lease agreement for up to five years for the
purchase of a perpetual license agreement with "Footsteps 2 Brilliance" for an early learning mobile technology
platform. This article is a requirement under MGL Chapter 30B because it is for a lease agreement in excess of
three years.
Article 17 authorizes the Board of Selectmen to negotiate, approve, and enter into a tax agreement pursuant to
the provisions of M.G.L. Chapter 59, Section 38H (b), and Chapter 164, Section 1, or any other enabling
authority, between the Town and Nugen, LL.C, or its successors or assigns, for personal property attributable to
solar photovoltaic facilities to be installed and operated in the Town of Lunenburg on land located at 265
Pleasant Street and as shown on Assessor's Map 97, Parcel 90 for a term of up to 25 years and on such terms
and conditions and for such consideration as the Board of Selectmen deems appropriate, and further to authorize
the Board of Selectmen to take such action as may be necessary to carry out the vote taken hereunder;
===PAGE 6===
Article 1y amends the General Bylaws, by adding the tollowing text as Chapter 204 Sections 1 and 2. Mr.
Burney stated that this article moves the wording from zoning to the general bylaws.
These articles will be reviewed again at the next Board meeting.
4. MSBA Closeout; Approve Final Payment Requisition
This item was tabled until a future meeting.
5. Minutes/Warrants/Action File Issues
The Board signed an accounts payable warrant in the amount of $274,392.77, a payroll warrant in the amount of
$755,675.35 and a deduction warrant in the amount of $160,052.90.
The Board signed Special State Primary Election warrants for Senator in General Court scheduled for Tuesday,
November 7, 2017.
• Ms. Luck stated she has not seen the road opening moratorium policy on the town website. She suggested
placing an informational flyer for inclusion in the next mailing of tax bills. It would need to be submitted to the
Tax Collector's office by December 12" and would cost around $240.00. It was suggested to put the road
opening moratorium policy on one side and stormwater alleviation tips for homeowners of the other side. Ms.
Luck stated a double sided version would be $480.00. Discussion ensued further and Ms. Lemieux will follow
up on this request.
6. Committee Reports
Ms. Luck reported the School Committee met on October 4" and appointed a new Business Manager/HR
director, Michael Cassidy. There was an Executive Session to discuss strategy in preparations to for
negotiations with Lunenburg Custodial Union, Local 503. They meet again on October 18th.
Storm Water Task Force (SWIF) met on October 12th. Ms. Lemieux has signed the proposal submitted by
Design Consultants. $25,000 from the Community Compact grant plus $10,000 in the stormwater budget will
pay for their work. Design Consultants will attend the SWTF meeting on December 7" to report on the status of
the work. Brian Doherty of MRPC is working on setting up a demonstration of using the data collection and
cataloguing software. DPW Director Rodriquenz reported on the status of stormwater mitigation work currently
being performed on the roads being paved as part of the debt exclusion. Berms and other improvements that can
be incorporated during the paving are being done. Off road work will be completed following the paving.
SWTF meets again on November 9th
Ms. Luck attended the MMA Selectmen Fall Conference. She has reached out to the Town of Medfield to see
how they attract civic engagement at town meetings. She took a session on Using Technology to Enhance Civic
Engagement; the public information officer/webmaster from Framingham detailed the 21 ways they utilize from
9 interactive Facebook pages to Hootsuite. They spend around $5,000 plus her time/salary and other
departments' involvement to keep this effort going. She recommended if a town had a FB page to start out
making it informational only and to post at least two daily posts to keep it visual and active.
Ms. Bertram reported Conservation Commission met on October 4". They had a number of hearings, including
a presentation by the Hickory Hills Dam Committee similar to the one presented tonight. There was a site walk
===PAGE 7===
Cable Advisory continues their negotiations for the license renewal with Comcast.
Town Manager Report:
As a follow-up on a question about how the owners of the liquor license establishments were notified of the
violation hearings on October 3rd
, it was confirmed they were notified by certified mail and the letters to Elena's
Gourmet Grocery, Hadwen Market and Bad Larry's were hand delivered by Ms. Peterson. For those three
businesses they signed a receipt that they received it. Ms. Peterson mailed all the license violation letters last
week by certified mail and all but Elena's has received the letter. All the letters were also sent to the ABCC.
• DLTA Business Town Partnership Grant:_As mentioned at the October 3 Board of Selectmen meeting,
the creation of a central directory of all the businesses in town on the town website was identified as one
method the Town could promote local businesses. After posting the meeting notes from the October 2'"d
meeting with businesses to the website, IT Director Steve Malandrinos set up a form for local businesses
to fill out in order to submit their information and it will be included in a Local Business section on our
website. Ms. Lemieux wanted to thank Steve tor setting up the form and getting the ball rolling. The
next workshop is on Monday, November 6" at 7 p.m. in the Town Hall Joseph Bilotta Meeting Room
and will be for residents to come voice their ideas about the business community in Lunenburg and what
types of business they would like to see. The next scheduled business workshop meeting will be on
Monday, November 13' at 9:30 a.m. in the Town Hall, Joseph Bilotta Meeting Room.
• Nashoba Valley Regional Dispatch District Update: Two other administration board members and I
completed negotiations with the new Executive Director for the Dispatch Center. Mr. Ross Klun began
yesterday and brings 23 years of experience working at a senior level position at Barnstable County
Sheriff's Office. The Administration Board and the staff at the Center are excited to have him on board.
• CPR Training for Town Employees: The Lunenburg Fire Department held the first of two CPR
Trainings for town employees on October 12th
. There were representatives from each of the town
buildings that received the training including the Town Hall, Eagle House Senior Center, Ritter
Building, TC Passios, and the DPW. I want to thank Chief Sullivan, EMS Coordinator Karen Weller,
and John Pozark, a Dispatch Supervisor, who assisted with the training.
• Green Communities Task Force: The Green Communities Task Force met on October 4'*.
. The Green
Communities Task Force is looking for potential energy efficiency projects; I have emailed the
appropriate departments to seek input on potential projects at their respective buildings. They were
asked to have potential projects submitted by November 1st,
as the Green Communities Task Force will
Task Force will
meet on November 8th to discuss the next steps in applying for the Competitive Round of Green
Communities funding. Also, at this next meeting MRPC consultants will be present to discuss how they
will be assisting with grant administration services through the DOER Technical Assistance Grant that
the Town was a recipient of.
===PAGE 8===
Marshall Park: The DP W Director, the Police Chief, and I met last week to discuss the next steps for
Marshall Park. We agreed that the last engineered plan for parking does not address the limitations of
that property, including potential impact to the wetlands on the property. The DPW Director will be
requesting the engineer revisit the site and provide an alternative to parking that would include
additional parking, keeping the limitations of the property in mind. Once this is complete, we will
present the plan to the Parks Commission, work with the property owners in that neighborhood, and
update the Board on the plan to address the overflow parking that occurs on Chestnut Street.
• 842 Chase Road:_I received a forwarded email from the Conservation Commission about a request by
the owner of property at 842 Chase Road. The owner is interested in donating the land; the property
abuts the Large Town Forest and the Lane Property. I am working with Conservation, Open Space
Committee member Brandon Kibbe and Town Counsel to identify all the necessary steps and town
meeting action that would need to occur. This item could be placed on the Special Town Meeting
warrant now that it has been re-opened.
• Announcements:_Municipal Aggregation Electricity Rates: The new rates for residents that are
municipal aggregation customers with Constellation NewEnergy (formerly ConEdison Solutions, was
acquired by Constellation last year) will be 10.465 cents per kWh starting on their November meter read
date. Our municipal aggregation consultant, Colonial Power, procured this rate from Constellation after
going out tor competitive bids. This rate is .00804 cents higher than last year and this is increase is
largely based on the increase in the capacity charge that is part of the supplier charge (supplier charge is
made up of actual generation cost of the electricity, capacity charge, transmission charge and other
• cheapier charge is
smaller charges). The capacity charge is affected by a decrease in overall electricity generated for this
region due to planned electricity generation plant closures that will in turn mean a shortfall in meeting
peak electricity demand. As of December 1, 2017, Unitil's electric service fixed residential rates will
rise to 12.402 cents per k Wh. Residents can opt in or opt out at any point. We will post a public notice
on the town website with the new rates under this program that includes the contact information to opt in
or opt out of the program is on that Public Notice.
• Affordable Housing Rental Units at Whalom Luxury Apartments:MCO Housing Services sent notice to
the Town advertising affordable rental units at Whalom Luxury Apartments at 250 Whalom Road.
There are 30 affordable units with one and two bedroom apartments that interested persons can submit
an application to participate in this housing lottery. Information has been posted on the town website or
you can contact MCO Housing Services at lotteryinfo@mcohousingservices.com.
Appointment to Conservation Commission- 1 vacancy
Catie Childs- 14 Kimball St.
Mr. Toale reported the conservation Commission is endorsing the appointment of Ms. Childs to its board. She
has a degree in environmental conservation. She has also served on a conservation commission in another
community.
===PAGE 9===
Dave Passios, 26 Whiting St., reminded residents the Special Town Meeting warrant is open until the 25" of
October at 5:00 p.m.
Mr. Ebersole stated someone responded to Ms. Luck's earlier comment about the School Committee
negotiations. Pror to Proposition 2 ½ being adopted in 1980, the School Committee could come to Town
Meeting and ask for any money and Town Meeting had to appropriate it. Proposition 2 ½ allows the Town to
vote the bottom line. After we vote the bottom line, the budget and all actions by the School Department are
under their jurisdiction. We do not have any authority to be involved in negotiations. Mr. Toale noted the
School Committee is elected and represents the town and trusted they would take their fiduciary responsibility
seriously.
Motion: P. Bertram
To adjourn the meeting
2"d: R. Ebersole
Vote: All in Favor
The meeting adjourned at 9:18 p.m.
Respectfully submitted,
Elaine m. Peters on
Elaine M. Peterson
Executive Assistant to the Town Manager

========================================================================================
DOCUMENT : 2017-10-23-agenda-5048.txt
BOARD    : select-board
DATE     : 2017-10-23
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-10-23-agenda-5048.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10232017-5048
========================================================================================

===PAGE 1===

========================================================================================
DOCUMENT : 2017-10-23-minutes-5048.txt
BOARD    : select-board
DATE     : 2017-10-23
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-10-23-minutes-5048.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10232017-5048
========================================================================================

===OCR macOS Vision===
===PAGE 1===
Not present: Robert Ebersole, Vice Chairman
Also present: Heather Lemieux, Town Manager
The meeting commenced with the Pledge of Allegiance.
PUBLIC COMMENT:
Ms. Bertram reminded all about the dedication ceremony in memory of Peter Charpentier on October 28'h
at 11:30 a.m. Participants should meet at the Lane Property parking lot on Holman Street at 11:00 a.m. Please
RSVP to Ms. Bertram at pbertram@lunenburgonline.com or go to the Facebook page for the Lunenburg Snow
Riders and RSVP. There will be a light lunch served afterwards.
Tom Alonzo, Lunenburg Boys and Girls Club Board Member, reminded all about Shrieks and Krieks at the
club on Memorial Drive this Saturday from 5:30- 9:30 p.m. and the Rockin' Auction Fundraiser will be on
Saturday, November 18th
at 7:00 p.m. at the Eagles Club on Litchfield Street in Leominster.
Ms. Bertram wanted to remind all about the meeting, Promoting the Local Economy, for town residents on
Monday, November 6" at 7:00 p.m. at Town Hall.
Town Manager Report
Disturbances to Newly Paved Roads Policy and Outreach by DPW Director
The DP W Director provided examples of letters his office has mailed to residents/businesses to inform them of
roadways to be paved, specific to their neighborhood. These letters were delivered via mail or left at their door.
Now that the policy is in place the DPW Director plans to enhance these communications with additional
notification including creating a Town-wide postcard type of mailing with a picture of a newly paved road and
information (links) on the opposite side of the postcard directing them to the policy, an article in the Lunenburg
Ledger, an insert in the tax bills and will contact PACC to see about putting links to the new policy and
pavement plan on the news scroll. The policy is now on our website, both on the homepage and on the
Public works page. The DW Director will be recommending a fee schedule at the November 7th meeting and
once approved, this will be included in the information that residents/businesses receive as well.
842R Chase Road:
Town Counsel has reviewed and provided two alternatives regarding the request by Mr. McKhann to donate the
23 acre parcel which abuts the Large Town Forest and the Lane Property. Attorney Costa's review provided the
option under MGL Chapter 40 Section &C for the Conservation Commission to receive the donation as a gift of
real property, with the approval of the Selectmen. In regards to the outstanding taxes on the property, it would
either require a town meeting vote to abate the taxes or the Commission could pay the property owner the same
sum as the outstanding taxes due. This would not require a town meeting vote as long as the property had a
clean title prior to closing. The alternatives identified by Town Counsel have been forwarded on to members of
the Conservation Commission, Open Space member Brandon Kibbe, and the Land Use Director. An article for
the abatement of the taxes can be placed on the town meeting warrant and tabled if the alternative means of
purchasing the property is deemed more appropriate.
Motion: P. Bertram
2'd. D. McQuaid
To add an article to the Special Town Meeting warrant on 842R Chase Road to abate the taxes in
relationship to a gift of the property to the Conservation Commission
Vote: All in Favor
===PAGE 2===
North Central Massachusetts Development Corporation (NCDC) Economic Development Council
meeting:
On Thursday I attended an Economic Development Council meeting at North Central Massachusetts Chamber
of Commerce and the featured speaker was Jonathan Berk of Patronicity. Mr. Berk discussed
MassDevelopment's Commonwealth Places Grant Program which allows municipalities and non-profits to run
crowdfunding campaigns to improve low to moderate income communities in Massachusetts. These
"placemaking" or public space improvement initiatives set a goal to raise and if achieved, receive a matching
grant amount from MassDevelopment. Some examples of projects they have funded are "The Corner Spot" in
Ashland which created a pop-up retail space and town square, Maybarton Community Garden in Clinton, East
Main Street Pocket Park in Orange, and rehabilitation of an old gas station that was purchased by a non-profit
and then made into an indoor Farmers Market. Many of these projects start with grassroots efforts to revitalize a
neighborhood and this made me think of Wallis Park. I have reached out to Chris Letarte, the sponsor of the
citizen's petition to appropriate additional funds for Wallis Park to see if this could be a potential project under
this program.
Announcements:
DLTA Business Town Partnership Grant:
Reminder that the next workshop to discuss promoting local business is on Monday, November 6th at 7 p.m. in
the Town Hall. Joseph Bilotta Meeting Room. This will be to hear from residents about their ideas about the
business community and what types of business they would like to see. The next scheduled business workshop
meeting will be on Monday, November 13th at 9:30 a.m. in the Town Hall Joseph Bilotta Meeting Room.
Town Counsel Office Hours:
Town Counsel will hold office hours on Monday, October 30th from 2-6 p.m.
OLD BUSINESS
1. Board of Selectmen Goals
• Identify desire for and type of Economic Development for Lunenburg
• Develop an Infrastructure Plan (including Roads, Buildings and Equipment)
• Improve Public Satisfaction through Community Involvement and Public Outreach
2. Calendar Schedule for Town Facilities Meetings
Mr. Toale reported he and Ms. Lemieux have reviewed future agendas. A large amount of time will be devoted
to a town facilities and grounds workshop. Mr. McQuaid expanded on how community involvement and
charrettes can be used effectively. Further discussion ensued on what needs to be done before special town
meeting and continuing the topic following it.
3. 2030 Massachusetts Ave: Chapter 61B Right of First Refusal
Ms. Lemieux stated this is a continuation of moving forward following the Board voting to exercise their Right
of First Refusal at the October 17" meeting. After reviewing with Town Counsel and according to section 9 of
MGL Chapter 61B, due to no purchase and sale and purchase agreement being in place, the Town would have
===PAGE 3===
CURRENT BUSINESS
1. Discussion of Special Town Meeting Articles
Karen Brochu, Finance Director, was present to answer any questions regarding the warrant articles. A question
came up regarding the revolving fund for maintenance of the artificial turf field. Will there be any extra funds
other than towards paying the bond on the field in the revolving fund? Ms. Brochu stated she did not believe
there would be. There is a twelve year bond on the turf field and the school has committed $40,000. The
Lunenburg Bengals have committed $7,500. Those fees would be deposited into this revolving fund. The only
other revenue she is aware of is the cell tower lease; this is a general fund receipt but it could be used to offset
the debt service. The debt service payments we have right now are right around $75,000 annually for twelve
years. Ms. Bertram asked if there are other rental fees collected, would those funds accumulate in the fund for
future use like maintenance. Ms. Brochu stated yes.
Discussion about the ownership of and who is responsible for maintenance of the artificial turf field ensued.
There will be a joint meeting with the Parks Commission and the School Committee regarding these issues on
November 21$t
Mis. Bertram asked about the other warrant article (#7) that accepts the provisions of MGL c. 40, § 3, which
allows any funds collected for the rental or lease of any municipal property or buildings to remain in it. Ms.
Brochu stated anything over $10,000 at year's end would revert to the general fund, but it never does go over
that amount. Discussion ensued about other park properties and their maintenance needs as well. The Board will
make all their recommendations for warrant articles on town meeting floor.
Quarterly Financial Report
Ms. Brochu reported on the 1st
quarter of fiscal year 2018. 27% of estimated revenues were collected through
September 30, 2017. Depending on the votes at the Special Town Meeting in November, these numbers will
change in the second quarter. We have collected 18.80% of the estimated FY18 local receipts. All other local
receipt estimates are at or near where they should be at this time. We have collected 25.44% of our tax levy; this
includes $151,425.98 in tax lien revenue and 24.84% of our state aid estimate.
On the expenditure side, we have encumbered/expended 30.8% of budgeted expenditures as of September 30,
2017. We have surpluses in both liability insurance and workers compensation due to lower than budgeted rate
increases. She noted that expenditure estimates will be adjusted based on changes in new growth and state aid
prior to the submittal of the FY18 Tax Recap and will be reflected in the next quarterly update.
The Board thanked Ms. Brochu for her report.
2. Worcester County Selectmen's Association - Voting Member/Alternate Voting Member designee
Motion: P. Bertram
2":D. McQuaid
To appoint Jamie Toale as the voting member of the Worcester County Selectmen's Association and
Phyllis Luck as the alternate voting member
Vote: All in Favor
3.Board of Selectmen (BOS) representative for Finance Committee Appointing Committee
Motion: P. Bertram
2'd: P. Luck
To appoint Jamie Toale as the BOS representative for the Finance Committee Appointing Committee
Vote: All in Favor
===PAGE 4===
Road. The bylaw required u acres and the property owner only had an 8.2 acre parcel.
Ms. Bertram reported Conservation Commission met last week. There is a need to survey the meets and bounds
at 842R Chase Road. Open Space Committee member Brandon Kibbe volunteered to do the survey. Can he do
that? Ms. Lemieux stated it would be a decision of the town. Three sides abut town property boundaries.
The pollinator habitat on Hollis Road was mowed by a donation of time and equipment from Alpha Snow
Control of Lunenburg. Jeremy Spring who is going for his Eagle Scout badge, presented a project proposal for
conservation land on Pleasant Street. He is proposing to move a large rock to the side and create signage and
possibly a map depending on what Conservation wants. He would like to repair and paint the gate, expand and
level the parking lot, remove trash and add benches in commemoration of Zachary Quinn. The Commission was
very pleased with the proposal. He plans to start in the spring of 2018 and to do a site walk on October 28t to
take a look at it.
The solar proposal on Northfield Road was reviewed. The driveway has been moved away from the wetlands.
They are proposing to transplant trees over 4" in diameter rather than just removing them. They have increased
the buffer zone to 200 feet from the abutters. They did send a revised plan to the Department of Environmental
Protection who came back with some comments and they have satisfied those. It is now 5.8 megawatts, down
from 5.9 with slightly less amount of panels. Conservation was amenable to the revised plan but still wanted a
construction phase schedule. They want to review the construction schedule before issuing the final approval, so
it was continued to the next meeting. The property owners are seriously considering placing a conservation
restriction on the remainder of the land; a little over 31 acres. It would be for passive and active recreation.
They did reserve the right to expand the golf course one or two more holes. Conservation issued several
negative determinations and talked to others about violations.
Mr. Toale reported the Charter Review Committee will meet on the 25 in the Ritter Building at 7:00 p.m. and
Finance Committee has their public hearing on the Special Town Meeting articles on November 9t
He reported this Board will be meeting on the 25' briefly to sign the Special Town Meeting warrant.
He reviewed the November meeting schedule and reminded all of the Special Town meeting on November 28th
PUBLIC COMMENT
Katey Adams, 70 Williams Drive, noted there was some demolition data in the Tappe Space Needs Study data.
Motion: P. Bertram
To adjourn the meeting
2'°: P. Luck
Vote: All in Favor
The meeting adjourned at 8:43 p.m.
Respectfully submitted,
Clairem. Peterson
Elaine M. Peterson
Executive Assistant to the Town Manager

========================================================================================
DOCUMENT : 2017-10-25-agenda-5049.txt
BOARD    : select-board
DATE     : 2017-10-25
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-10-25-agenda-5049.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10252017-5049
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===PAGE 1===