# select-board — 12 documents, concatenated for reading and search # # This is a CONVENIENCE BUNDLE, not a source. Every document below is # published separately and byte-identically; cite the individual file, # whose path is given in each header, rather than this bundle. # Index of all boards: https://lunenburgbudgetproject.org/minutes/INDEX.txt # The town's own scanned original is linked per document. ======================================================================================== DOCUMENT : 2018-07-17-minutes-5113.txt BOARD : select-board DATE : 2018-07-17 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-07-17-minutes-5113.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07172018-5113 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Also Present: Heather Lemieux, Town Manager The meeting commenced at 6:30 p.m. Motion: D. McQuaid 2nd: K. Adams To enter Executive Session, pursuant to G.L c. 30A, §21, to discuss strategy with respect to litigation, namely Town of Lunenburg v. Settler's Solar, et al., Worcester Superior Court Docket No. 1785CV01959-D, and Settlers Solar LLC, et al. v. Town of Lunenburg et al., Land Court Docket No. 17 MISC 000690 (HPS), where an open meeting may have a detrimental effect on the government's litigating position of Town and to return to regular session upon adjournment Vote: Ms. Adams-aye, Mr. McQuaid-aye, Mr. Ebersole-aye ************* **********Executive Session Minutes are Separate************************* The meeting resumed at 6:35 p.m. The Pledge of Allegiance was recited. Ms. Luck entered the meeting. ANNOUNCEMENT Ms. Lemieux reported she received an invitation to the Town officials to attend a Green Communities Competitive Grant Award announcement this Friday. We don't know the exact amount of the grant until they make the press release. Lt. Governor Karyn Polito, Secretary of Executive Office of Energy and Environmental Affairs, Matthew Beaton and Commissioner of Department of Energy Resources Judith Judson will be attending. It will be at the Robert Deleo Senior Center, 35 Harvard Street, Winthrop, MA at 1:45 p.m. Facilities Director John Londa will be attending. There was no public comment at this time. MINUTES/WARRANTS The Board signed Minutes of June 19, 2018. The Board signed an accounts payable warrant in the amount of $6,534.52, another accounts payable warrant in the amount of $144,460.88 and an accounts payable warrant in the amount of $1,328,455.83. APPOINTMENTS Ms. Lemieux requested the Board ratify her appointments of Acting Police Lieutenant, Thomas Gammel and Acting Police Sergeant, Joshua Tocci. Chief Marino reported these are to fill the vacancies created by Lt. Luth going to work in Groton and Sgt. Gammel being appointed to Acting Lieutenant tonight. Motion: D. McQuaid 2nd.P. Luck To ratify the Town manager's appointment of Thomas Gammel to Acting Police Lieutenant Vote: All in Favor ===PAGE 2=== The Boara was relentea to ine boara of selecimen toucies & frocedures with Ms. Lemieux s edits/comments. They began with Article I. Procedural Policies Purpose; which states this document addresses topics not dealt with elsewhere. Ms. Luck noted there was redundancy in this such as the Personnel Policy or Social Media Policy and stated some of them probably shouldn't be under the BOS policies. Mr. Ebersole asked her to point out the particular ones as they go through them. Ms. Lemieux agreed stating Personnel Policies should have its own handbook. Section 1.02 Establishment of Policies and Procedures- Mr. Ebersole read aloud the section. He asked if the Policy handbook was also listed under the Bylaws/General Code on the website. Ms. Lemieux stated no, there is only one listed under it; Remote Participation. Section 1.03 Authority (for Board of Selectmen) and Section 1.04 Authority of the Town Manager are self explanatory. Section 1.05 Duties & Responsibilities - Standards of Conduct A member of the Board, in relation to his/her responsibility to the community, shall recognize that his/her primary role is to set policy, with responsibility for administration delegated to the Town Manager; • recognize that he/she is a member of a team, and shall abide by all Board decisions once they are made; • be well informed concerning the duties of a Board member on both state and local levels; • remember that he/she represents the entire community at all times; • accept the Office of the Selectmen as a means of unselfish public service, not to benefit personally or professionally from his/her Board activities; • in all appointments, avoid political patronage by judging all candidates on merit, experience and qualifications only; and • abide by the provisions established by the Commonwealth in M.G.L.,c. 28A as they apply to municipal officials. As a member of the Board, a Selectman shall: • endeavor to establish sound, clearly defined policies which will direct and support the administration for the benefit of the people of the Town; • recognize and support the administrative chain of command and refuse to act on complaints as an individual outside the administrations; • give the lown Manager full responsibility for discharging his/her decisions and solutions; • not make statements or promises of how he/she will vote on matters that will come before the Board until he/she has had an opportunity to hear the pros and cons of the issue at a Board meeting; • make decisions only after all facts on a question have been presented or discussed; • uphold the intent of executive session and respect the privileged communication that exists therein and; • treat with respect the rights of all members of the Board despite differences of opinion. Ms. Luck stated board members, as adults, should not have to be told how to behave. Mr. Ebersole stated it has been needed in the past. In the event a member was not acting appropriately and we chose to have a vote of censure; we could not do so without a rule to say what the member was doing inappropriately. Ms. Lemieux noted MGL c. 28A was repealed in 2008. Ms. Luck referring to "make decisions only after all facts on a question have been presented or discussed," pointed out last week when we voted on the permit technology fee, there was no research done to see what other communities charge. The vote was taken on very little ===PAGE 3=== • sign official documents that require the signature of the Chairman, following a vote of the Board; • call special meetings of the Board in accordance with the Open Meeting Law; • prepare meeting agendas with the Town Manager; • represent the Board at meetings, conferences, and other gatherings unless otherwise determined by the Board or delegated by the Chairman; • serve as spokesman of the Board at Town Meetings and present the Board's position unless otherwise determined by the Board or delegated by the Chairman; • make liaison assignments, as appropriate, and assign overview responsibilities for projects and tasks to Board members unless otherwise determined by the Board, and; • arrange for the orientation of new members, unless otherwise noted • ensure that the Board maintains a legal and open level of communication. The Chairman shall have the same rights as other members to offer and second motions and resolutions, to discuss questions, and to vote thereon. The Vice Chairman shall act in the place of the Chairman during his/her absence at Board meetings. Should the Chairman leave office, the Vice Chairman shall assume the duties of the Chairman until the Board elects a new Chairman. The Clerk shall sign all official documents requiring the signature of the Clerk, with the authorization of the Board and shall be responsible for recording minutes of any portion of meetings held in executive session for which the Town Manager is not present. Section 1.08 Meeting Procedures One change that Ms. Lemieux suggested was to add "discussion" to the following wording: "A quorum shall consist of three members of the Board. As a practical courtesy, action on critical or controversial matters, the adoption of policy or appointments shall be taken whenever practicable with the full Board in attendance. Actions and decisions shall be by motion, second, discussion, and vote." "Regular meetings of the Board shall be held in the Joseph F. Bilotta Meeting Room as scheduled by the Board. Typically meetings shall be televised on the local cable access channel. Meetings falling on a legal holiday are usually canceled or rescheduled at the discretion of the Board." Mr. Ebersole noted Open Meeting Law states you should not meet on a legal holiday unless for an emergency situation. He suggested changing the wording. Discussion about the wording for location of regular meetings ensued. Suggestion was made to change "shall be held in the Joseph Bilotta Room" to "will be held... unless otherwise noted." Last paragraph: The Board will post notices and record minutes of all meetings are required by MGL c.39. "are" should be changed to "as." Section 1.09 Agenda "Members of the Board, Staff, Town Manager or others who prepare background materials for a meeting should have such materials available by the close of business the week prior to the scheduled meeting date." Question was asked if this was a Tuesday or Thursday. Ms. Lemieux clarified close of business on the Thursday the week before. "With private/commercial property specific requests, the applicant will be required to notify direct abutters directly adjacent to the property, including owners of land directly opposite within 300 feet including abutters of abutters, at least ===PAGE 4=== Section 2.01 Access to Town Counsel-Mr. Ebersole suggested adding in wording about the monthly office hours. Section 2.02 Remote Participation (Adopted on 05/22/2013) 9. The chair of any committee for which a request is received to participate remotely shall provide to the Board of Selectmen, no later than December 31 of each year, a report that indicates the date(s) of any meetings for which remote participation was requested, the name(s) of the individuals making the request, and a summary of any logistical, technical and compliance issues related to remote participation. Suggestion was made to contact Boards and Committees and ask them what has been their experience for remote participation; have you used it?; have you had technical issues?; what percentage of time do you use it? Also, is it state law to require a report annually? If there is no issue, we could drop #9. Section 2.03 Use of Information Technology Resources Policy for Appointed and Elected Board/Committee Members All communications regarding Town procedure and administration or which may affect the Town or its personnel as a whole, will either originate from or be approved by the Town prior to distribution. No individual in the Town is to send or distribute any communication to "All Personnel" or "All Users" without prior authorization from the Town. Individual Boards and Committees, through their Chair or the Chair's designee, are authorized to send or distribute communications regarding their Board or Committee's area of responsibility. "Bulletin Boards" section needs to be clarified. Ms. Lemieux suggested the section title needs to be renamed. Mr. Ebersole suggested cleaning up the Privacy Notice and reorganizing some of the items listed under pertaining to electronic versus paper communications, etc. Section 2.05 Smoking- Ms. Lemieux noted this is also included in the Personnel Policy. Ms. Lemieux stated it might be good to keep in there for visitors to the Town. Suggestion was made to move it somewhere else in the document. Section 2.06 Vehicle Use "Policy" (Policy was added to the title) - this section would only apply to employees except for the reimbursement for travel section, which could apply to board and committee members. Section 2.07 Appointments -discussion ensued about the reappointment process. "Each committee must report in writing at least annually to the Selectmen, and meet with the Board at least once a year. " The question was asked what the goal of the report is, what are we asking for? Ms. Lemieux noted this past year the Board held a workshop with all the Boards and Committees, which sort of accomplished that goal. Ms. Luck suggested attending their meetings rather than them coming to ours. Also, if we are asking people to come in, to schedule them at the beginning of the meeting so they don't have to sit through the entire meeting. "As Board-appointed vacancies occur, the Town Manager will ensure that local newspapers are advised of the vacancies, and that vacancy notices are posted on Town bulletin boards and advertised on the town's website and local cable access television channel. Vacancies shall be so advertised for no less than fifteen (15) days. The chairman of the board on which a vacancy occurs will seek talent bank forms, and nomination recommendations from a majority of the relevant committee." Mr. Ebersole asked is it a vacancy when someone resigns or when the term ends. Suggestion made to rewrite how vacancies and reappointments are defined. This section needs to be rewritten in a respectful manner and keeping the appointment process open to the public. Ms. Lemieux stated it's important how the policy is written ===PAGE 5=== Ms. Luck suggested changing the wording to plus an increase no greater than allowed by prop 2 112. Ms. Lemieux noted the current wording was a definition provided by the Department of Revenue. Ms. Luck stated as it is written it assumes you are always increasing it by 2 ½. Mr. Ebersole stated this is a good way to phrase the question that you have been raising, and we could put that on the agenda to discuss. Section 3.03 Free Cash (Amended 09/02/2014) Ms. Lemieux stated this policy was adopted before the Pavement Management Plan was finalized. See her comments below. C. Priorities for Applying Free Cash: 1. The highest priority use of Free Cash should be to increase the balance of the Stabilization Account if necessary to a level of at least five percent of the current fiscal year omnibus budget. (deleted) 2. The next highest priority use of Free Cash is to fund purchases of materials needed to repair and/or replace town roads and signage. (deleted) These purchases should be limited to the amount of monies remaining in the Free Cash Account or the amount of materials that the Dept. of Public Works [DPW] personnel and equipment can realistically be expected to utilize in the current fiscal year. towards Town Roads. 3. Any monies that remain in Free Cash may be used to fund one-time expenditures for specific departments and/or special projects at the discretion of the Town Manager, subject to appropriation by Town Meeting. (deleted) D. Because Free Cash is non-recurring revenue, it should not be used to fund any personnel, program, or initiative that would require expenditures in subsequent fiscal years. (deleted) Comment: Add the Special Purpose Stabilization Fund as another prioritized use of Free Cash as well as the OPEB Trust Fund to reflect the OPEB Trust Fund Policy. Section 3.06 Investment Policy Statement (Approved 10/06/2015) Suggestion was made to send to the Financial Department for review and amending. Is there a simpler policy that would meet the requirements? This may be something the auditors required. Section 3.07 OPEB FUNDING POLICY (Approved 01/02/18) (Other Post Employment Benefits) Ms. Luck would like to see a policy that reduces the amount of the Town's OPEB obligation, by reducing the OPEB awarded to new hires. Mr. Ebersole suggested adding that topic to our list. Ms. Lemieux noted the policy we just did reduced the Town's liability by $8 million. Mr. Ebersole stated this Board should be adopting policy and the departments should be adopting procedure. That is how we can simplify a lot of these. We still want to have procedures but not in here. Article IV. Regulatory Section 4.01 Liquor License Mr. Ebersole suggested holding a general workshop on liquor license regulations. We need to clarify some of the language on who is allowed in the premises (employees, patrons, guests) after closing and on lighting and while open. Section 4.02 Bring Your Own Bottle ===PAGE 6=== section 3.04 Koad Acceptance Suggestion was made to consult with Town Counsel on legal requirements for what is needed to lay out a road and accept it. Also to add "Discontinuance of Roads" to the title. Section 5.03 Use of Public Ways This section was proposed to be added: 5.04 Signage on Town Property No person shall place any signage, temporary or permanent, on town property without permission from the Town. A sign permit must be first granted by the Building Commissioner conforming to the requirements set forth in the Code of Lunenburg, Zoning Chapter 250 Section 6.5 and then sent to the Town Manager for final approval. Discussion about establishing a procedure to enhance communication about charitable events ensued. Section 5.05 Toll Booth/Boot Drive Policy Ms. Luck asked about a previous discussion on this policy that wording would include a requirement that funds collected would be used locally. Section 5.06 Disturbances of Newly Paved Roads Ms. Luck recalled a log being required to be kept by DPW on all requests to disturb the road and if it was allowed or not. Suggestion made to address emergencies and criteria for an emergency (i.e. water main break) Mr. Ebersole noted under the section titled Severability, the word "regulations" appears and shouldn't. Article VI. Public Relations Section 6.01 Boston Post Cane (Approved by Board of Selectmen on 5/26/98) Suggestion was made to add a paragraph why the Board issues the Boston Post Cane. Article VII. Personnel All these policies should be in separate policy book except for Sexual Harassment, Protected Class Harrassment, Alcohol & Drug Policy for Employees with a Commercial Driver's License, Equal Opportunity, Drug Free Workplace, Conflict of Interest/Financial Disclosure, Americans with Disabilities and Standards of Conduct, which will be in this document as well. Section 7.10 Social Media Policy will be reviewed again. Ms. Lemieux inserted language into B. Employees Personal Use of Social Media Sites Outside of Work: While employees maintain and use personal web pages and websites, blogs, microblogs, social networking sites and other forms of social media while off-duty, their status as employees of the Town requires that the content of any postings on those social media sites or other web pages not be in violation of existing Town by-laws, policies, directives, rules or regulations. The Town's image as a professional organization comprised of professional employees is critical to maintaining the respect of its constituents. Although the Town recognizes that employees may choose to express themselves by posting personal information upon electronic media sites through personal websites, social networking sites, blogs, microblogs, chat rooms, or other electronic means or by making comments upon electronic sites hosted by other persons, groups or organizations, this right of expression is not free from limitation. That is, while the Town acknowledges its employees have the First Amendment right to free speech, that right is not absolute and extends only to matters of public concern. The term "public concern" is a legal one, but generally refers to matters of concern to the community rather than the individual. Employees must exercise caution with respect to comments they post in general, and in particular those concerning the Town, a particular department of the Town, and/or the Town's employees. Mr. Ebersole stated theoretically this would also apply to appointed officials. We should have a definition of who is an employee. ===PAGE 7=== to the Board Ms. Lemieux referred the Board to the 2 draft policies in their packet; Flag Policy (from the action item list) and MGL c. 61, 61A, 61B, Right of Refusal Procedure. TOWN OF LUNENBURG FLAG POLICY I. Statement of policy: The purpose of this policy is to establish uniform guidelines for the lowering of the United States Flag to half- staff flown over municipal property. II. Policy: 1. The United States Flag at town buildings and the cemeteries will be flown at half-staff according to the federal and state mandate. 2. The United States Flag will not be lowered to half-staff for any other purpose not listed in this policy, other than for individuals, by declaration of the Board of Selectmen. 3. The Town Facilities staff shall monitor the compliance of this policy at the Town Buildings and the Cemetery Superintendent shall monitor the compliance of this policy at the Town Cemeteries. Ms. Luck suggested changing the wording on #2 to "The United States Flag may be lowered to half-staff ......by declaration of the Board of Selectmen." Mr. Ebersole suggested adding "s" to mandate in #1. He also noted on the Right of First Refusal that if it is a procedure we don't have to adopt it. PUBLIC COMMENT: Ms. Luck thought this was a great working session and she appreciated everyone's input. Mr. Ebersole reviewed upcoming meeting dates: July 24, August 7, August 14, 2018. He noted August 1st is Lunenburg's 290* anniversary. Ms.Adams commented on the buntings at Town Hall and how it was nice to see them. Motion: P. Luck To adjourn the meeting at 9:00 p.m. 2nd: K. Adams Vote: All in Favor Respectfully submitted, Elaurem Peters on Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2018-07-24-agenda-5114.txt BOARD : select-board DATE : 2018-07-24 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-07-24-agenda-5114.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07242018-5114 ======================================================================================== ===PAGE 1=== ===PAGE 2=== ======================================================================================== DOCUMENT : 2018-07-24-agenda-5131.txt BOARD : select-board DATE : 2018-07-24 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-07-24-agenda-5131.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07242018-5131 ======================================================================================== ===PAGE 1=== Select Board Meeting- Executive Session1. ======================================================================================== DOCUMENT : 2018-07-24-minutes-5114.txt BOARD : select-board DATE : 2018-07-24 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-07-24-minutes-5114.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07242018-5114 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Board of Selectmen: Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Phyllis Luck, Member; Damon McQuaid, Member; Katey Adams, Member Also Present: Heather Lemieux, Town Manager The meeting opened at 7:00 p.m. with the Pledge of Allegiance. Mr. Toale stated in accordance with the requirements of Open Meeting Law the meeting was being recorded and broadcast over the Lunenburg Public Access channel. PUBLIC COMMENT: Ms. Adams reported she was close to an auto accident this past weekend and the first police officer who showed up at the scene had just been at the scene of another accident and was joined shortly by another officer coming from the same accident because there was an arrest associated with it. It was one of those moments when you saw the vulnerability of both officers and how little that is in this simple simultaneous situation. She hoped the discussion concerning the understaffing at Public Safety would be continued. Aisling Gaughan, 73 Lancaster Ave., was following up on her request regarding the location of the weathervane on Town Hall. She suggested the Town file an insurance claim since it has been lost. Ms. Adams asked if there could be some followup on this question as it has been circulating off and on social media for months. APPOINTMENTS Council on Aging (COA) Update COA Chairman Pete Lincoln stated before giving tonight's report, he and Deb Lincoln would like to volunteer for the town tricententenial anniversary committee. He was on the last anniversary committee and only four of those members are still around. You need years in advance to plan for this. The Council on Aging's mission is to advocate for improved quality of life for all seniors through supportive services, programs and education. We meet at Eagle House Senior Center on Memorial Drive on the second Tuesday of every month at 9:30 a.m. unless there is inclement weather; then we meet the third Tuesday. We don't meet in July. We have eleven members. Jacquelyn Dwyer is our Vice Chairman. Betty DiGiacomo, Brian Guenard, Deb Lincoln, Judy Tarbell, Kevin McNally, Cheryl Moisan, Sarah Grant, Diane Now and Jane Rabbitt are our other members. We have one vacancy right now. Our Administrative Assistant Amanda Koeck takes excellent minutes. All our meetings begin on time and we follow Robert's Rules of Order. Communication with the public- We issue a monthly Senior newsletter, available at Eagle House, Town Hall, Public Library, the Post Office and other places throughout town. Every issue of the Lunenburg Ledger has a half-page detailing activities at the Senior Center. We also have a FaceBook page. Public Access Cable records activities and events occuring there. He recalled older Annual Reports with photos of each committee and volunteered himself and his son, Danny to photograph the committees for the next report. It would put a face with a name. ===PAGE 2=== value his presence and he has been helpful in discussing things with the Seniors that they don't know much about, like the Capital Plan. Ms. Dwyer, a nurse, is our liaison to the Montachusett Home Care Board of Directors. We also have a good relationship with Public Access Cable Committee (PACC), the Fire Department and Police Department, for senior-related issues. He reported he and Deb spoke to Senator Tran and part of his program is aimed at seniors. He is concerned about senior welfare and is promoting bills for the Formula Grant which is based on senior population in each town. Mr. Ebersole thanked Mr. Lincoln and stated he set the bar high for other committees and boards to follow. Mr. Lincoln stated COA Director Sue Doherty was a treasure. She has added new programming and had made the center welcoming and comfortable. Ms. Doherty presented a PowerPoint on activities at the Senior Center as an end of year report. We do much more than Bingo. We participated in the Stillman Fair last year and intend to do so again this year. We have an annual tea party, a monthly veterans' breakfast (sponsored by the Highlands in Fitchburg) and a sock hop in February. We have an annual St. Patrick's Day luncheon. Every so often we present the Boston Post Cane to the oldest resident in Town. We held intergenerational programs such as a Girl Scout dance party, 8 grade Pen Pal, and Bridges Together, a nationwide program. She introduced the new Outreach Coordinator, Pauline Roy. She was in charge of the Bridges Together program. Ms. Roy stated the goal of the program is to bring together elementary age students as well as older adults with the goal of fostering respect, understanding and maybe new friendships. We got sixteen volunteers together ranging from ages 60 - 94. Mr. Toale was one of our volunteers. It was a weekly hour commitment for six weeks. We went into two fifth grade classrooms and the seniors were in paired up in groups of two. They each worked with a small group of 6-8 students depending on the classroom size and they stayed with the same students for six weeks. There was a multi-topic curriculum to follow. At the end of the sic weeks we had a pizza party at the Senior Center. The students toured the Senior Center and it was loud, crazy and a lot of fun. There was genuine sadness when the program ended. This totally exceeded our expectations. They would actually like to expand to all the fifth grade classes next year. We are looking forward to it. Ms. Doherty thanked Ms. Roy and noted she does a great job and is a huge asset for us. COA member Deb Lincoln reported once a year we honor our volunteers with an appreciation cookout sponsored by Eagle House Supporters, Inc. We are lucky to have the Fire and Police Department help us with the cooking. This year we had 45 volunteers donate 2510.5 hours at the Senior Center. If they were paid at $11.00 per hour, it would amount to $27,615.50. They perform all sorts of services. We encourage everyone over 50 years old to come and get involved. Ms. Doherty presented statistics on events and programs. She reported 4114 Meals on Wheels were delivered to forty-five clients last fiscal year. Sixty-eight clients were provided 3244 rides to various locations. Ninety-nine Yellow Dot Emergency Kits were distributed to 77 people. We have more left, if you want one, please drop by the Senior Center. We have the RYOK? Program for automated wellness ===PAGE 3=== Coming this year, we are in the process of becoming a "dementia friendly community." Dementia Friendly Massachusetts is a grassroots movement to make communities safe, inclusive and respectful for people with Alzheimers Disease or a related dementia. The first step will be "Expresso Yourself" at the Eagle House Memory Café. This is social contact for those dealing with memory loss and their caregivers. This will be funded by the Executive Office of Elder Affairs grant, Eagle House Supporters, Inc., Formula Grant funding and any donations to the Lunenburg Council on Aging gift fund. Mr. Toale agreed with Mr. Ebersole on the great presentation and noted we have talked about the communication that can go on between committees in town. We offer this platform to all of the Town committees. He thanked the Council in Aging for their presentation. Tollbooth Fundraiser Request for August 4", - Lunenburg Bengals Joe Anderson, 780 West Street, Director of Funding for the Bengals, stated they are seeking to hold a tollbooth fundraiser on Saturday, August 4' from 11:00 a.m. to 3:00 p.m. in the center of town. Mr. Toale asked if he had checked in with the Police Department. Mr. Anderson replied not yet. Mr. Toale asked if he knew all the rules for the tollbooth. Mr. Anderson replied yes. Motion: R. Ebersole To approve the Lunenburg Bengals Youth Football/Cheer Association tollbooth fundraiser on Saturday, August 4* from 11:00 a.m to 3:00 p.m. 2': D.McQuaid Vote: All in Favor Mr. Anderson thanked the Board. Discussion of Entertainment/Special Event License & Town Wide Noise Bylaw and Discussion of Recent Activity at Shady Point Beach & Campground (cont. from 6/19/18) Ms. Lemieux reported Police Chief Marino was here to update on the noise bylaw being drafted for the Special Town Meeting in the fall. She referred the Board to a report from Land Use Director Adam Burney following up on the questions brought up at the last meeting. She read the report aloud: "As a follow up to the Board of Selectmen's (BOS) meeting of 19 June 2018 the Building Commissioner and I have been reviewing the records for 701 Reservoir Road (Shady Point). The impetus for this review is the recent noise complaint brought forward to the Town Manager's Office on 15 May 2018. Regardless, the review will cover the entirety of the attached 2001 Special Permit and remains ongoing. As background on 9 October 2001, the Zoning Board of Appeals issued a Special Permit to allow the extension of a non-conforming use, in this instance a campground. The Special Permit increased the number of campsites from thirteen (13) to thirty-five (35), provided a maximum number of 8 people per campsite with a total limit of five hundred five (505) patrons at any time (inclusive of the function areas, limited the number of boats allowed in conjunction with Shady Point to forty (40) and imposed some additional conditions outlined in the attached At the BOS meeting, there was some discussion regarding noise but other issues were also brought up that the Special Permit may cover. The three most prominent issues, other than noise, seemed to be boat/water safety, crowd control, and traffic. There are conditions contained within the Special Permit that may assist in reducing ===PAGE 4=== rurermore, in reviewing me me for shady Point and searening the worcester ornern Registry of Deeds tere is no documentation of the Special Permit decision having been recorded. While this is generally a requirement of the General Laws Chapter 40A §11, the fact that Shady Point has been operating under the approval for nearly seventeen (17) years and there is a record of attempted enforcement by Town Officials, it is the opinion of the Building Commissioner that the Special Permit is in full force and effect. As noted above the Building Department's investigation into the compliance of Shady Point with the 9 October 2001 Special Permit remains ongoing and any pertinent findings will be forwarded to your office. If you require further information please do not hesitate to contact me." Chief Marino reported he has made all the corrections suggested by Town Counsel to the draft noise bylaw. He would like to do a second review of the proposed bylaw and then it would be ready for Town Meeting. Mr. Toale asked for anyone representing Shady Point Campground to come forward. Attorney Nicholas LaFountain of Weymouth introduced himself stating he was a personal friend of Robert and Robin Wilson and they had asked him to represent them temporarily. Ms. Wilson could not be present this evening due to another obligation. Mr. and Mrs. Wilson are also choosing to abstain from this hearing until such time they can obtain specialized counseling with respect to zoning. Mr. Toale stated this is not a hearing but a continuation of a previous discussion. We wanted to ensure that Shady Point had an opportunity to be here. Mr. Toale called for any public comment. Mike DeFazio, Jr., 131 Flynn Road, stated he lives on the channel and watches every boat that goes through. Shady Point does a good job of keeping the jet skis from going fast. They throw them out as soon as they do something wrong and at 6:00 p.m. as soon as they close, all the lake people come flying through the channel; jet skis, people pulling tubes through the channel, and that's illegal, but it's okay for the lake people to do that? People ski through the channel. They are doing wrong as much as the people who come flying through with their jet skis, but they get thrown out. People on the lake don't get thrown out. So I am standing up for Shady Point, people on the lake are just as bad as the campground people. Jason Roux, 100 Sunset Lane, stated he has lived on the lake his whole life. He asked is this was strictly in regards to the noise or all activities that affects us on the lake. Mr. Toale stated this began as a continuation of a discussion that was a result of a letter to the Town Manager. It was looked into by the Police Department; part of that discussion included is there any noise ordinance? The answer was no, but we have been working on one. We are trying to get a feel from citizens, what action they believe we should be taking, if any, and we are just listening. Mr. Roux stated there are a lot of things that affect us on the lake. There is a lot of traffic. I've had a lot of problems with fishing tournaments in the last year or two. People being very rude to me at my own place, coming too close, hitting my boat. Watching them hit my friends' boats and jump on to my friends' boats to get their fishing lures unhooked. Shady Point does what they can to control it. I just feel there are too many unsupervised people sometimes. I see kids riding in front of their parents on jet skis. That is illegal, but it happens every day. Those aren't people from the lake. On Sundays from noon to four p.m. I can't even go out on my boat. ===PAGE 5=== Chief stated he was concerned about safety. He knew there were people on the lake on jet skis but he couldn't send out officers. She suggested the Town consult Town Counsel about liability. The Environmental Police have been there over the last few weeks and it has improved and we appreciate that. Ms. Adams questioned if this should be addressed by the Planning Board or Zoning. Mr. Ebersole stated it falls under code enforcement who is the Building Commissioner, who we supervise. Ms. Adams stated the easiest place to start would be to look at that list of Special Permit conditions. She also noted ecotourism and attracting people to town has been a Board discussion topic over the last year and that is what Shady Point Campground does; brings people to town to recreate. We talk about promoting it. If this is truly something we want to aspire to do, that is already here. People don't seem happy with it. If we are looking at the noise ordinance situation, we should look at it for other similar situations, not just Shady Point. Mr. Ebersole believed it was important that the process with the code enforcement process go forward. We need to support the Police Department. In addition to the landowner responsibilities to manage the people, we have some responsibility to support enforcement of boating requirements by the Police Department subject to availability as to what's going on in town, and whether there is opportunity to talk with the landowners to possibly support a Police presence paid by them. Janet Leavitt, 30 May Street, stated encouraging people coming into town to enjoy Lunenburg's resources causes more traffic, noise and other things. We are getting a lot of people who are not only a little bit noisy, messy and have a little bit of a good time. They overdo it to the point where people who live there can't enjoy their own properties. We do not want to run Shady Point out of business, but people on the lake pay a premium for their land. We deserve to be able to enjoy our properties without worrying about our grandchildren in the water because a jet ski is coming too close to the beach, without waking up at 10:00 in the morning to the music. Have some respect for the other people who are there all the time. In the end, we are the ones paying the bills, cleaning up the trash that is thrown to the side of the road and that washes up on the beach, the fishing lures that are stuck to our docks, our boats, our beaches, our trees. She thanked the Police Chief for having some officers down there. Gary Spindt, 7 Ruth Street, stated he also lives on the lake and he heard that Shady Point spends thousands on Police details annually. He asked for verification. Attorney LaFountain reported the following amounts: 2016: $16,474; 2017:$13,229 and $9,425 to date for this year. Mr. Spindt suggested in the spirit of compromise, maybe there could be some chipping in for those expenses from the Town. Scott Benjamin, 40 Fire Road 12, stated he lives on a portion of the lake that is too narrow for one boat to go through at more than 6 miles per hour. That means it's less than 300 feet in width. According to MA boating regulations, you have to be 150 feet from shore, from a designated swimming area to go over 6 miles per hour. When I see four jet skis going side by side, some of them 20 feet from my dock, ===PAGE 6=== Kathy Reinhardt, 53 Pearl Street, stated she is directly across the lake from Shady Point. She commended Shady Point because they are trying more. If they are spending that much money on Police Details, are they really making that much income to eliminate the jet skis? It is them who are most hazardous to all. I know they are trying, but we cannot use the lake safely when all of these boats are out. Janet Leavitt asked the Chief why the Town doesn't kick anything in towards policing the lake? Chief Marino stated this year Shady Point has paid for the lake detail. Usually the Lake Shirley Association kicks in money too because we do not have it in our budget. Ms. Leavitt asked are we not residents as well? Why aren't you considering the lake needs to be policed? Chief Marino stated the condition that causes the need for police details is due to the operation of a private business. Attorney LaFountain disputed the Chief Marino's statement that his client was creating a condition. This is a public body of water that all members of the public have the right to. My client believes that the Town has even come to some sort of agreement with the Commonwealth to ensure public access in exchange for funding for a dam. With respect to discussing a proposed noise ordinance while simultaneously discussing a single business, it seems clear to my clients that this proposed noise ordinance seems like a case of priviliged people around the lake that do not want their clientele at the lake. My clients love this community. This business has been in operation since 1967. They have felt under siege before with people trying to shut them down; they feel the same way now. Which is why they will be getting zoning counsel. They intend to reach out to the ACLU and any other related organizations because they have a lot of people of foreign origin who use this business. They feel there is animosity towards their clientele and the type of music they like to play. If my clients see anyone from their establishment disrespecting water regulations, they are able to pull them because they control where the vehicle is parked and the access point. They have noticed many people who live on the lake not following proper rules. Their own clients have complained. They see people trying to jump the boat wakes and water skiing through the channel. People are water skiing without a spotter on the boat. My clients see it all the time by people who are not launching boats at Shady Point. They pay significant sums of money for police details because they want to control things as much as possible out of respect for their neighbors. My clients would have no complaints if this Board would allocate additonal funds for a Police boat to be on the lake at all times during the summer. They strenuosly disagree with passing a noise ordinance that is targeted at a single business that has been in existence for 85 years. The petitioners claim they are not trying to shut Shady Point down; my clients have seen the FaceBook page. They have seen "Shut down Shady Point." My clients have a complaint. Neighbors have allowed people to park on their property, I assume for a fee and then send them over. My clients shut their gate when it's too late in the day or if they have reached capacity. They have delayed opening until 8:00 a.m. in the morning. Historically they opened at 7:00 a.m. They close at 6:00 p.m. on Saturdays and Sundays; that ===PAGE 7=== more development because they will be selling the property. Mr. Toale stated although they are grouped together on our agenda, tonight's discussion was on entertainment and special event licenses, townwide noise bylaw and discussion about recent activity at Shady Point Campground. These were all three different items that were brought to the attention of the Board that we scheduled in June. They were discussed and continued to this evening. We are working on all three. He did not believe that any one of them was directed at Shady Point; they are connected. The last time we had a crowd in here like this was another noise ordinance on another special event license. We are not here this evening to make any decisions, we are here to listen. Chief Marino addressed Attorney LaFountain's idea that this noise ordinance has to do with Shady Point. It is a result of a special event permit issued over a year ago when a group of residents came forward and requested we enact some type of noise ordinance. The idea that this is directed at Shady Point is completely false. With respect to your comment disputing the business creating conditions, Shady Point and cooperation, I have nothing bad to say about them. They are very cooperative however, I don't know of another house down there that can create a condition where there's cars parked up and down the road that requires a Police response; or where there are a group of people on a piece of private property in excess of 200. That creates in in my estimation, a potential problem. That's why it's my perogative to determine how many police officers are going to be stationed at that area and we are going to require them to pay for it. So I disagree with your analogy. Joanna Bilotta, 362 Sunset Lane, stated she lives directly across from Shady Point on the penisula. It's a family owned business. Anytime I have called with a problem they have been very cooperative. You want to find a balance between Police patrol and the right to do business. She related a history of the association paying for boat patrol. Shady Point has paid for the last two years for the boat patrol. She truly believed this was all fixable as long as everyone communicates with each other. Mr. Toale stated regarding the action items that Mr. Burney's letter pointed; we will continue to talk to the enforcement officer and to talk to the Shady Point owners and having the Police Department continue to do the best job they can and all of us trying to be understanding. If in fact there is a decision that needs be made, we will bring this back but I don't believe there was one planned for tonight's agenda. Ms. Luck requested checking with Town Counsel on the validity of the Special Permit. Mr. Toale agreed. He thanked everyone for being here and for their input. APPOINTMENTS- Acting Police Sergeant Motion: R.Ebersole 2'°: K. Adams To ratify the Town Manager's appointment of Sean Zrate as Acting Police Sergeant Vote: All in Favor ===PAGE 8=== Schedule I - Parking Replace Main Street, East Side, From Massachusetts Ave. to Oak Ave-No Parking Any Time - with, Main Street, East Side, From Memorial Drive to Oak Ave.-No Parking Any Time." Motion: R. Ebersole To approve the amendment to the traffic rules and regulations as recommended by the Police Chief and DPW Director 2"d: D. McQuaid Vote: All in Favor TOWN MANAGER REPORT Summer Street Road Reconstruction Project Update: The contractor will be installing drainage structures in Fitchburg on Monday (7/23). They are planning to start near the John Fitch Highway intersection and work their way toward Lunenburg. They are planning to begin work on the bridge over Baker Brook soon. Route 13/Chase Road Reconstruction Project Update: Last week a guardrail crew worked on straightening, repairing, and adding guardrail sections along the northbound lane of Route 13. The milling/grinding of the roadway surface is scheduled to begin on Wednesday, July 25'h. Economic Development Bond Bill: Nathan Boudreau of Senator Tran's Office reached out last week to request any projects that we would like to file as an amendment to the Senate's version of the Economic Development Bond Bill that needed to be submitted no later than yesterday. The projects that I submitted for consideration for Lunenburg were: • $300,000 for the redevelopment of the property at 925 Massachusetts Avenue; • $250,000 for upstart costs for a community commercial kitchen; • $450,000 for facade and streetscape improvements in the downtown area of Main Street, Massachusetts Avenue, Leominster Avenue, and Lancaster Avenue. We will wait to see if these amendments make it into the filed Economic Development Bond Bill. We appreciate Senator Tran's Office consistently seeking out the needs of our community and advocating on our behalf. 17-23 West Street: When I first arrived in Lunenburg, one of the projects brought to my attention by the DPW Director was the disposal of the property at 17 & 23 West Street, which are two adjacent lots on West Street that have two old outbuildings that previously housed the Highway Department. 17 West Street was listed as old Parks Department land and 23 West Street has two outbuildings that were used as the office space, garage facility and materials storage for Public Works that changed to a storage garage with a small ===PAGE 9=== containing materials are present, along with lead based painted surfaces and proper inspection/abatement as necessary procedures would need to be followed if demolition or remodeling were to occur to either building. The recommendation is to proceed with disposal of this property in their current condition per the town meeting vote. The town-assessed value is approximately $170,000 and would need to be put out to bid for disposal. Green Communities Competitive Grant: As announced at last week's meeting, the Green Communities Competitive Grant application that the Town submitted this past spring was awarded in the amount of $198,867 for a variety of energy efficiency projects at the Public Safety Building, the Town Hall, the Ritter and Turkey Hill Elementary School. These include LED Lighting upgrades, plug load controls, condensing boilers, building envelope tightening, pipe and fitting insulation and HVAC retro commissioning. The total estimated annual electricity savings is 186,000 kWh, 2,241 therms for annual natural gas savings and 703 gallons of oil per year which translates into approximately $39,000 in energy savings. Once we receive the fully executed contract documents back from the Department of Energy Resources, which we mailed today, and meet our utility representatives regarding the energy incentives, we can proceed with having the approved energy consultant Energy Source move forward with projects. The goal is complete the projects by this fall. Personnel Committee Update: At my request, I asked the Personnel Committee to have a meeting, which was held on July 16'h. One of the items that I requested they discuss was performing a wage and classification review of all the positions within the existing classification schedule for the ensuing three years, which is one of the responsibilities set out in the Salary Administration Bylaw. The last review provided an updated wage and classification schedule through Fiscal Year 2019 and the goal was that the impending review would be presented at the May 2019 Annual Town Meeting for acceptance. Due to the comprehensive nature of performing a compensation and classification review, the Personnel Committee is recommending to hire a third party consultant to perform the review. We will be soliciting quotes and would need to request an appropriation at the Special Town Meeting to fund this study. This will include performing a market analysis of towns with similar demographics with positions with the same level of responsibilities. Town Website Update: Last Tuesday our website host QScend had an all-day training for those that would be responsible for updating the website. We had approximately 20 employees attend the training, which included our IT staff that was available to assist individuals throughout the training. The IT Director and I will be the Administrators of the site and the various back-end users of the site will have editing capabilities that get ===PAGE 10=== Regional Animal Control Facility Design: Last week Police Chief Marino, Townsend Animal Control Officer Mary Letourneau, Lunenburg Animal Control Officer Kathy Comeau, and I met with the architects to review space needs and building functionality needs for a regional animal control facility. The land behind the Public Safety Building has been identified as the primary site for a future building and the architect was back out today with a civil engineer to assess the site for feasibility. The architect will work with Lunenburg and Townsend to assess our space needs, identify the optimal location for the building, provide a conceptual design and a construction cost estimate. The goal is to have this completed by this fall and be eligible to apply for the Community Compact Regionalization Grant in late fall for construction costs. Department Head Meeting Updates: At the Department Head meeting this morning our Risk Management Representatives from our insurance company MIIA came in to provide an overview of the recent state legislation that requires towns to comply with OSHA Safety regulations for public sector employees by February 1, 2019. MIIA will be assisting us with any areas of compliance we may need after an assessment. The state's main goal is safety first and compliance second. Some highlights from today's monthly department head meeting: • Police: New personnel due to Lt. Luth's departure and continuation of programs with different departments that Lt. Luth was in charge of. The Police Boat that was part of the FY19 Capital Plan has been ordered. • COA: Memory Café beginning on September 28; trend of stable number of users of the Senior Center based on FY18 statistics; fall programming will include Health/Wellness classes at the IC Passios gym. • PACC: PACC has hired two new videographers; developing job description for a Production Engineer that will have a background in IT; currently working on a promotional video for the Eagle House. • Land Use: Currently working on the development of recreational marijuana regulations and will be taking a bifurcated approach that will be voted on at the Special Town Meeting. • Finance Director: Finalizing end of year reports to Department of Revenue in order to submit for certified free cash. • Treasurer/Collector: Real Estate Taxes due August 1st; working with Tax Title Attorney to move properties into Foreclosure proceedings. • Assessors: Our regional assessing firm Regional Resource Group (RRG) is currently working with the Department of Revenue on certification of our property assessments because this is a mandatory revaluation year. Any changes in assessments would be in the third quarter bill due February 1, 2019. • Library: Moved to a new software platform that is web based through CWMARS and busy ===PAGE 11=== July 2s" • Montachusett Regional Planning ADA Meeting: I will be attending a meeting on Thursday, July 26" at Montachusett Regional Planning Agency to discuss ADA Transition Plans. • Parks Commission Meeting: I will be attending the Parks Commission meeting on Thursday, July 26" , at 6 p.m. • Finance Committee Meeting: I will be attending the Finance Committee meeting on Thursday, July 26", , at 7 p.m. Ms. Luck thanked Ms. Lemieux for the department head reports. She asked how much a community commercial kitchen would cost the Town. She asked why there was no discussion on these three items and amounts before they were submitted. Ms. Lemieux stated she found out about the opportunity after times when you have to let the Town Manager make some quick choices such as requesting funding. None of these three items surprised him based on ongoing past discussions. Mr. Toale agreed stating he did not have any problem with this. Ms. Luck asked about the West Street properties, when you say put out to bid for disposal, does that mean the Town would not incur any costs for demolition? Are we selling it as is for $170,000? Ms. Lemieux stated this was the assessed value. Mr. Ebersole stated we don't know what we are selling it for. Ms. Adams asked if there would be opportunity to provide biographies and photos of boards and committee members as well as a directory on the town website. Ms. Lemieux stated yes. OLD BUSINESS 1. Board of Selectmen Goals Mr. Toale asked for any feedback on the Board goals for Fiscal Year 2019. They are listed in the minutes from the last meeting. Mr. Ebersole stated he was not here, but watched the meeting on You Tube and thought the Board did a good job. He thanked all for their work. 2. Discussion on Liaison Appointments Mr. Toale stated one position that is critical is the Representative on Metropolitan Montachusett Planning Organization (MMPO). Ms. Luck attended one MPO meeting last week. It was reported the Summer Street project is moving along on schedule. After discussion, Mr. Toale volunteered to attend the MPO meetings until the Board could find a designee. The liaison discussion will be continued at another meeting. CURRENT BUSINESS 1. B& H Corporation d/b/a Mickey Shea's License #00039-RS-0636 Request to withdraw application for Change of Manager/Beneficial Interest ===PAGE 12=== The Board signed Minutes of July 10, 2018 and the following Executive Session Minutes ready to be released. Mr. Toale noted Executive Session minutes are released once the issue can become public. Executive Session Minutes for Release • April 4, 2017 (Town Accountant/Finance Director Contract/ Union Negotiations) • April 18, 2017 (Town Accountant/Finance Director Contract) • May 23, 2017 (Town Accountant/Finance Director Contract) • September 5, 2017 (Laura Caron-Gustus v. Town of Lunenburg, Board of Selectmen, Kerry Speidel) • October 10, 2017, Session 1 & Session II (Union Negotiations) • November 7, 2017 (Union Negotiations) • November 14, 2017 (Union Negotiations) • November 21, 2017 (Union Negotiations) 3. Committee Reports Ms. Luck reported the Storm WaterTask Force will be meeting on August 2nd. . MART emailed the new Council on Aging contract and supporting templates for compliance late today. She has not had a chance to review them yet. Ms. Lemieux will be forwarding it to Town Counsel for review. Ms. Adams reported the Planning Board has been working on two options in regards to marijuana licensing for Town Meeting. They are working on a bylaw. The first option would be prohibition. If that is approved, sales would be prohibited. If that fails, then there has to a bylaw to address the sale of it. Mr. Toale reviewed the upcoming meeting schedule: August 7, August 14 and August 21, 2018. Mr. Toale suggested addressing the earth removal closure process as a workshop for the August 14"h meeting. PUBLIC COMMENT Dave Passios, 65 Whiting Street, stated he attended because he hoped there would some discussion about the special permit process policy and procedures. Due to the lengthy discussion about Shady Point, he requested the item be placed on a future agenda. He inquired about a mention in a previous Town Manager's report about a possible grant to fund an assessment of the old Primary School for hazardous materials. Ms. Lemieux corrected him stating there was a proposed demolition of the building with funding from the state. Mr. Passios stated regarding the disposal of the West Street properties, there was capital funding appropriated for demolition of those buildings years ago; that money is still sitting unused. He recommended reappropriating that money. Mr. Toale noted he overlooked the Quarterly Animal Control Report provided this evening and asked for comments. Mr. Ebersole appreciated it being sent in advance. ===PAGE 13=== *********************Executive Session Minutes are Separate*************************** The meeting resumed at 9:26 p.m. Motion: R.Ebersole 2'°: D.McQuaid To approve the Memorandum of Agreement between the Town of Lunenburg and Laborers International Union of North America, Public Employees Local Union 39 (DPW Unit); July 1, 2018 to June 30, 2021 with the proposed changes to the exisiting contract within the document Vote: Ms. Adams- aye, Ms. Luck-aye, Mr. McQuaid- aye, Mr. Ebersole-aye, Mr. Toale- aye Motion: R.Ebersole To adjourn the meeting 2°: D. McQuaid Vote: All in Favor The meeting adjourned at 9:26 p.m. Respectfully submitted, Claire m. Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2018-07-24-minutes-5131.txt BOARD : select-board DATE : 2018-07-24 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-07-24-minutes-5131.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07242018-5131 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== The meeting commenced at 9:23 p.m. Ms. Lemieux reported they were here because at the last executive session, the Board discussed Article 18, Wages, and the four point system with bonuses tied to performance evaluations. As a result are the four categories: Excellent $800, Above Average $675, Average $550 and Unsatisfactory $0. Motion: R. Ebersole To approve the proposed contract as submitted Vote: Mr. McQuaid-aye, Ms. Luck -aye, Mr. Toale- aye, Mr. Ebersole- aye; Ms. Adams - aye 2nd: D. McQuaid Motion: R. Ebersole To exit Executive Session and return to Open Session Vote: Mr. MeQuaid- aye, Ms. Luck -aye, Mr. Toale-aye, Mr. Ebersole-aye; Ms. Adams - aye 2nd: D. McQuaid The meeting adjourned at 9:26 p.m. Respectfully submitted, Clairh. Peterson Elaine M. Peterson Executive Assistant to the Town Manager RECEIVED & FILED JUN 05 2019 LUNENBURG TOWN CLERK OFFICE ===PAGE 2=== Also present: Town Manager Heather Lemieux; Adam Burney, Land Use Director; Adam Costa, Town Counsel Conservation Commission Members: Richard Bursch, Chairman; Todd Dwyer, Vice Chairman, Bob Pease, Member; Ken Jones, Member The meeting commenced at 8:35 p.m. Mr. Burney reported he was approached by Kevin Hill last November about two pieces of property for sale on Gilchrist Street totaling around 12 acres that is divided by town land that is around ¾ acre. He wanted to trade some of his land for the Town land to make a more reasonable development. There is a significant trail that runs from the Lane Property through the back of the private property that for many years has been allowed to be used. Now this property is going to be subdivided and sold off as lots and in order to protect that the Conservation Commission and he concur that trading this little piece of land gives the Town the potential to keep the connective trail and protect the Mulpus Brook. About a month ago, just before Annual Town Meeting in May, a few members of the Conservation Commission, the Open Space Committee Chairman, the Conservation Administrator, myself and Kevin Hill walked the back of the property. Mr. Hill offered to move the trail but this wasn't going to work due to geographical constraints so he offered to give the Town seven acres in exchange for 15,000 square feet. He is going to need a special permit from the Zoning Board of Appeals (ZBA) to reduce the lot size. There is significant support from the Conservation Commission and the Open Space Committee which could provide credence for the ZBA to issue the special permits. We have received permission from Town Meeting for the Board of Selectmen to negotiate the exchange. If the Town found it unfavorable to do the exchange, Mr. Hill would get six instead of seven lots and we would end up with no protection of the Mulpus and no connectivity of the trail. Mr. Costa stated it was his understanding the trail has been used over the years but there is no easement right to it. Discussion about an easement ensued. Mr. Costa noted under MA General Law you can't do a land swap, there is no such thing. It is a conveyance or an acquisition and they are two separate transactions. You can structure them so both occur simultaneously so long as you are going by procurement law. He noted the Town Meeting authorized the conveyance of the property and the acquisition of another property. There may be some Ilexibilty it the land is for conservation purposes because Conservation Commissions can acquire land without Town Meeting approval. Motion: R. Ebersole 2nd: D. McQuaid To approve the proposed plan subject to adding a fifteen-foot easement to be conveyed to the Conservation Commission Vote: Ms. Adams-abstain, Mr. McQuaid-aye, Mr. Ebersole-aye, Mr. Toale-aye Mr. Toale and Mi. McQuaid stated that although being Hickory Hills landowners and possibly being within 300 feet of the discussed property, they were not biased, tainted or predisposed based upon that status and therefore were qualified to vote and invoked the Rule of Necessity as long as there were no objections by other Board members. Ms. Adams agreed also even though she abstained. Mr. Ebersole did not object. ===PAGE 3=== Vote: Ms. Adams- aye, Mr. McQuaid-aye, Mr. Ebersole- aye, Mr. Toale- aye The Conservation Commission adjourned from their meeting. The meeting was adjourned at 9:05 p.m. Respectfully submitted, Claire In. Peterson Elaine M. Peterson Executive Assistant to the Town Manager ===PAGE 4=== E MARY CALLADO WETLANOS 7.0 ACRES BE CONVEYED TO LLC RVEYORS L LOT 6 130,000 5Q. FT. + LOT 5 124,000 SO. FT. * 320902 15,000 SQ. FT. ‡ TO BE ACQUIRED FROM TOWN OF LUNENBURG LOT 2 100,000 SQ. FT. * / HICCY S ВПОСТО OUTLYING RESIDENCE A O outroner LOT 4 60,000 sQ. FT. + LOT 7 40,800 SQ. FT. ‡ 00 SL0K 41217 LOT 1 40,000 SQ. FT. t ALLEY ROAD GIL CHREST ======================================================================================== DOCUMENT : 2018-08-07-agenda-5115.txt BOARD : select-board DATE : 2018-08-07 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-08-07-agenda-5115.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08072018-5115 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN August 7, 2018 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor AGENDA In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being recorded and broadcast over the Lunenburg Public Access channel. 7:00 PM PLEDGE OF ALLEGIANCE I. PUBLIC COMMENT  BOARD  PUBLIC II. ANNOUNCEMENTS III. APPOINTMENTS 7:05 P.M. Public Hearing-Golden Pyramids, Inc d/b/a Sean Patrick’s, 494 Electric Avenue, Transfer of Alcohol License & Change of Manager; Common Victualer & Weekday Entertainment License 7:10 PM Public Hearing -Settlers Crossing Enterprises, Inc,. d/b/a Settlers Pub, License #00045-GP- 0636, 994 Northfield Road for Transfer of License 7:15 P.M. Common Victualer, Weekday Entertainment, Jukebox & Auto Amusement License for A.A.G. d/b/a Kindred Spirits, 324 Electric Avenue, Unit #4 7:20 PM Update on license status for The Bootlegger-Sean Morrison 7:25 PM Interview Candidates and Vote to Appoint to Parks Commission with Parks Commissioners - term to expire at next annual election Dave Passios, 56 Whiting Street & Susanna Jewell- 985 Massachusetts Avenue 7:30 PM Appointment to Zoning Board of Appeals-David Blatt, 411 Goodrich Street –term to expire June 30, 2022 Appointment of ZBA Associate Member -Patrick Callahan, 24 Beal St.-term to expire June 30, 2021 7:35 PM Earth Removal Permits Renewals/Updates IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Resignation from Zoning Board of Appeals - Robert Cadle effective July 23, 2018 Reappointment as Clockwinder- John Lynch, 453 Page St. –term to expire June 30, 2019 V. TOWN MANAGER REPORT VI. OLD BUSINESS 1. Board of Selectmen Goals a. Town Assets 1. Present & Future Maintenance & Capital Replacement of All Town Assets 2. Adopt an Action Plan for Activities During FY19, dealing with the “Five Buildings” b. Improve Public Satisfaction through Communicy Involvement and Public Outreach c. Increase Alignment with Committees Appointed by the Board of Selectmen 2. Discussion on liaison appointments ===PAGE 2=== VII. CURRENT BUSINESS 1. Minutes/ Warrants/ Action File Issues 2. Committee Reports 3. Department Reports- 4th Quarter Financial Report VIII. PUBLIC COMMENT  PUBLIC  BOARD XI. UPCOMING MEETING/EVENTS SCHEDULE August 14, August 21, September 4 X. ADJOURN ======================================================================================== DOCUMENT : 2018-08-07-minutes-5115.txt BOARD : select-board DATE : 2018-08-07 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-08-07-minutes-5115.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08072018-5115 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Board of Selectmen: Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Phyllis Luck, Member; Damon McQuaid, Member; Katey Adams, Member Also Present: Heather Lemieux, Town Manager; Land Use Director Adam Burney, Building Commissioner Garry Rhodes, Dennis Mannone, Parks Commissioner; Karin Menard, Parks Commissioner The meeting opened at 7:00 p.m. with the Pledge of Allegiance. Mr. Toale stated in accordance with the requirements of Open Meeting Law the meeting was being recorded and broadcast over the Lunenburg Public Access channel. PUBLIC COMMENT: Ms. Adams reported she attended a Montachusett Regional Planning Commission (MRPC) Americans Disability Act (ADA) Transitions Plan meeting and they are encouraging towns to look at three criteria on how to be more ADA compliant in open and recreation spaces, public rights of way and buildings. Speaking as a citizen and Selectman, she has inquired about holding these meetings in a facility that is more ADA compliant like the collaborative classrooms at the Middle/High school. She encouraged the Board to not only look at long-term solutions but to use what we currently have at no additional cost. Ms. Adams referred to Article 22 of the May 5, 2018 Town Meeting warrant, regarding the conveyance of real property. She requested to discuss that topic going forward in open session as she saw no detrimental effect doing so. Ms. Luck announced the Lion's Club Pancake breakfast is tomorrow morning at the Eagle House Senior Center from 8:00 - 10:30 a.m. The cost is $2.00 per person. Ms. Luck attended the grand opening of the Lunenburg Pollinator Habitat located at 123 Hollis Road on Sunday morning. There are labeled plants that attract pollinators along the path. There is an attractive butterfly sign on the site and she encouraged everyone to take a walk there. Judit Ernst, 568 Flat Hill Road, spoke about banning plastic shopping bags. She submitted a citizen's petition for a Special Town Meeting warrant article addressing the ban. Marilyn Talley, 172 Peninsula Drive and Carolyn Finch, School Nurse, spoke about the Stillman Country Fair on September 8 and offered a table to the Selectmen for volunteer solicitation for town committees. This year funds from the fair will partially fund a new initiative, William James College Interface Referral Services, through the Wellness Advisory Committee for the schools. It is a referral service for mental health services. This is a service we can purchase for the entire town not just the school district. Based on information provided by the caller, it matches them to a mental health service provider from their database, usually within two weeks. APPOINTMENTS Public Hearing-Golden Pyramids, Inc d/b/a Sean Patrick's, 494 Electric Avenue, Transter of Alcohol License & Change of Manager; Common Victualer & Weekday Entertainment License Mr. Toale read the notice aloud: ===PAGE 2=== rayez mala, president, brect dna major stockholder of colden tyramias, me. ne is aiso te proposed manager on record for the business. Also present was current owner of Sean Patrick's, Sean Flanagan. Mr. Matta is a resident of Leominster and is TIPS certified and Crowd Control Certified. His intent is to be the full-time manager (60 hour per week) of the premises. The premises and the operation of the premises and hours of operation will remain the same. The intent is to retain the current employees also. Mr. Toale asked if there was anyone present who would like to speak for or against this application. There was none. Motion: R.Ebersole 2nd: D. McQuaid To approve the alcohol license transfer for Golden Pyramids, Inc. d/b/a Sean Patrick's as described in the notice and the application Vote: All in Favor Motion: R.Ebersole 2ad: D. McQuaid To approve the Common Victualer and Weekday Entertainment license as submitted Vote: All in Favor Public Hearing -Settlers Crossing Enterprises, Inc,. d/b/a Settlers Pub, License #00045-GP-0636, 994 Northfield Road for Transfer of License Mr. Toale read the notice aloud: The Lunenburg Licensing Authority will hold a public hearing on Tuesday, August 7, 2018 at 7:10 p.m. at Town Hall, 17 Main Street, 2d Floor, Lunenburg, MA on the application submitted by Settlers Crossing Enterprises, Inc. d/b/a Settlers Pub, for Transfer of License (License # 00045-P-0636) located at 994 Northfield Road, Lunenburg, MA. The premises are described as a one-story golf clubhouse with an outside patio and the first six holes of the golf course. Donald Lyons and Laura Gustus presented on the application. Mr. Toale asked if there was anyone present who would like to speak for or against this application. There was none. Motion: R.Ebersole 2nd: D. McQuaid To approve the transfer of license and the change from seasonal to annual class as submitted Vote: All in Favor Common Victualer, Weekday Entertainment, Jukebox & Auto Amusement License for A.A.G. d/b/a Kindred Spirits, 324 Electric Avenue, Unit #4 Co-Owner/Manager Rebecca Andrews-Grifoni and co-owner Jill Andrews presented for the application. Mr. Toale asked if there was anyone present who would like to speak for or against this application. There was none. Motion: R.Ebersole 2'd: D. McQuaid To approve the Common Victualer, Weekday Entertainment, Jukebox & Auto Amusement License for A.A.G. d/b/a Kindred Spirits as submitted Vote: All in Favor Interview Candidates and Vote to Appoint to Parks Commission with Parks Commissioners - term to expire at next annual election ===PAGE 3=== Parks Commissioners Menard and Mannone called their meeting to order. Susanna Jewell, 985 porks argus be a good fit for her. She holds a landscaper architecture d recreated a hand andyc ape e company. She stated she understands the importance of open space and recreational land; they are just as important as our public buildings. Mr. Ebersole asked if she saw any challenges or opportunities for the parks in town. She replied just going to Lake Whalom this week, parking could be addressed over there. Mr. Toale asked her if she intended to run for election next year. She stated yes. Dave Passios, 56 Whiting Street, stated he has been an elected official going on eight years. He has been very involved in other committees as well as the one he serves on. He has spent the last two years attending Parks Commission meetings getting to know how the Commissioners felt about the needs of the town. He has found there has been a shift in interest in other types of sports other than baseball and they are starting to address those needs. He has some ideas as well as he knows all the areas of town and what has potential for expansion or transition. In his professional life he has been in the manufacturing field in either middle management or management; working with developing budgets, taking care of structures and the physical plants, tracking maintenance needs and soliciting quotes for work. He sees the need in town for municipal space for residents. We have transformed almost all of our open parks into sports venues and there is a need for open space for just park area. Mr. Ebersole asked other than the two areas you have talked about do you see any challenges or opportunities for the parks in town? Mr. Passios replied keeping a closer eye on the money budgeted for Parks and making sure the commission comes up with appropriate and affordable projects that improve our parks and continuing to work on their policies and procedures. Mr. Ebersole asked since he was elected would he be resigning from the Board of Health (BOH) if elected next year. Mr. Passios stated Town counsel informed him because this is an appointed until elected position, he could remain on the BOH until the next election. If someone wants to come forward and serve on the BOH, he would resign. If necessary, he would resign tonight and definitely run in May. Parks Commissioner Menard reported they have met with both candidates prior to tonight. They are both equally qualified. Mr. Toale asked for a nomination for appointment to the Parks Commission. Ms. Luck nominated Susanna Jewell for the position of Parks Commissioner. Ms. Adams seconded it. Mr. McQuaid nominated Dave Passios for Parks Commissioner. Ms. Menard seconded it. Mr. Toale called for a vote in favor of appointing Susanna Jewell. Ms. Menard- nay, Mr. Mannone-aye, Ms. Adams-aye, Ms. Luck-aye, Mr. McQuaid- nay, Mr. Ebersole-aye, Mr. Toale-aye Total in favor- 5, 2 against. Mr. Toale announced Ms. Jewell was appointed to Parks Commission. He thanked both applicants for their interest. The Parks Commission adjourned their meeting. Resignation from Zoning Board of Appeals - Robert Cadle effective July 23, 2018 Motion: R.Ebersole To accept the resignation of Robert Cadle 2n°: D. McQuaid ===PAGE 4=== the cua To appoint Dave Blatt to the Zoning Board of Appeals with a term to expire June 30, 2022 Vote: All in Favor Appointment of ZBA Associate Member - term to expire June 30. 2021 Patrick Callahan, 24 Beal St., stated he thought the Associate position was a good start for himself as Mr. Blatt described. He has been in the trade since 2003 and he knows his way around building and plot plans. He was excited to try out the position. Ms. Luck asked if he ever attended any meetings. He stated no but he done some reading on the subject. He has met with Chairman Gravelle and he seemed like a nice guy to work with. Ms. Luck asked if he would attend every meeting. Mr. Callahan stated he would. Mr. Ebersole asked if an Associate could fill in if there wasn't a quorum. Mr. Callahan stated that was how he understood it. Mr. McQuaid thanked him for volunteering. Motion: REbersole 2nd: D. McQuaid To appoint Patrick Callahan as ZBA Associate with a term to expire June 30, 2021 Ms. Adams recused herself stating Mr. Callahan is her brother in law. Vote: 4 in favor, 1 abstention (Adams) 2n°: D. McQuaid Vote: All in Favor Motion: R.Ebersole To appoint John Lynch as Clockwinder with a term to expire June 30, 2019 Earth Removal Permits Renewals/Updates Building Commissioner Garry Rhodes stated we currently have two businesses who have earth removal permits in town: PJ Keating and Powell Sand and Gravel. There was one permit issued to Powell Sand & Gravel, (#54 located at 151 Leominster-Shirley Road) that the Board did not renew last year, with the stipulation that they provide a closure plan. He believed their engineer was here to talk about that plan. One issue discovered when we met was that they had exceeded the permitted area onto adjoining property and there are not permits for that portion. The second permit (#32) is located to the rear of Goodrich Street containing approximately 16 acres. The Board of Selectmen had requested Powell provide a closure plan for the 15 acres where material has been removed. There is about an acre of land remaining that has material on it. As of this date they have not provided a closure plan. They have just requested the permit be renewed. Mr. Rhodes recommended the Board consider whether the permit should be renewed at all. Maybe it is time to order a closure plan and provide a time limit for it to happen. In regards to PJ Keating, they have about 700 acres of earth removal permits. When the Board last met, there were several condiitons placed on the permits. The first was to provide a plan showing the location of all their earth removal permits. One of the problems he had researching it was that it was impossible to know where each one was. They aren't always tied to parcels. Some parcels had multiple permits on them. There weren't any meets and bounds. One of the things they were going to do was provide a consolidation plan of them. He believed they were going to provide you a plan tonight and it was his ===PAGE 5=== WALLAY IN ittallyment in that area and there are houses directly adjacent to where the removal would take place was appropriate. I found out today Keating came in and now wants to renew the permits. The Board should consider whether it is appropriate but I will tell you that they haven't provided any engineering to support any of the status of the permits. If I had been aware of their changing their minds before I wrote my recommendation, I would have said not to renew multiple permits because they were required to provide a plan. They haven't provided anything. All they want is renewals. He reiterated suggesting to not renew the two additional permits that they said they weren't going to and the Board look at possibly other locations where the permits not be renewed because we don't know how much material has been removed and how close to groundwater they are. I can tell you one of the permits I am aware of, they are approximately 30 feet below the elevation that the Board approved. They are already in violation of those permits. The Board may want to consider a more tougher approach with them. Mr. Toale stated our plan was to do regular renewals of permits tonight and to hold a workshop next week on any policy issues that we need to discuss. Ms. Luck asked for clarification on the two permits that Rhodes suggested not be renewed; one is at their offices and the other near Lake Shirley? Mr. Rhodes stated yes, where the offices are located there is a parking lot and landscaping. It make no sense to me that there is earth that needs to be removed there. The other one is so close to residential properties that I feel that would be detrimental to the residents. These permits were issued around sixty years ago and Lunenburg was much different sixty years ago. There were no houses in these locations. I don't know if the conditions on the permit would protect the people living there. Ms. Luck asked about one spot where they are thirty feet below, is that a different one? Mr. Rhodes stated this one is adjacent to the Lancaster town line. I think its reasonable for them to remove material from there but what this to me reflects is it appears to me is that Keating has not necessarily always reviewed their permits and tried to keep up with them. I don't know what conditions have been met or not met. At this point they have made no attempt to provide an engineering report. Mr. Ebersole read aloud Mr. Rhodes memo stating the Board renewed all permits through August 31, 2018 on the condition "they work with the Building Commissioner to review all the permits and make adjustments as appropriate by combining permits and parcels; that they provide a full engineering report requested by the Commissioner as well as a closure plan for all parcels that will no longer be utilized for earth removal." Mr. Rhodes indicated the Keating earth removal permit plan that brings us closer to identifying the permits to the properties. He believed they have clearly complied with that component. Mr. Ebersole noted Mr. Rhodes recommendation to extend the permits through December 31" to allow them to submit engineered plans and any other information needed. This memo was written before P J Keating decided to reapply for permits #28 and #29. Mr. Ebersole questioned if Mr Rhodes was in agreement on extending all the other permits other than #28 and #29, until December 31st Ms. Luck asked weren't they supposed to have engineering reports now? Why haven't they provdied them? Mr. Rhodes stated you can ask them tonight; they did not give me a very good reason. What we ===PAGE 6=== we received in December that was a result of the November 21, 2017 Board meeting. There were four bullet points on it; • All earth removal permits be renewed until August 31, 2018 with stipulations, • An engineering report/plan shall be submitted to the Board of Selectmen by P. J. Keating for each permit site which shall include any material remaining to be removed and a closure plan for each site, When we met with Commissioner Rhodes, we had not had that completed yet. What I would like to submit tonight is an engineered report from S J Mullaney Engineering Inc., that identifies each lot, its current use and its proposed use. Mr. Ebersole noted since this material is new we should not act on it tonight and give time to Mr. Rhodes to work on also. Ms. Luck asked who are you leasing the mineral rights from? Mr. Langlois replied the Keating Family Trust. Ms. Luck noted you don't lease rights from the Trust on permit #28. So that doesn't fall under what you just said. Is that correct? Mr. Langlois stated yes. Mr. Ebersole asked about the third and fourth bullet points in the letter: • All earth removal permits will be identified by a map and parcel number, Mr. Langlois pointed to the color-coded map and said that is what we submitted there. Last year at this time, we did not know exactly where some of these were, so we put some effort into doing that. • Wherever there are adjacent parcels, those sites shall be merged into one permit. Again, we reviewed that but PJ Keating is not the landowner on some of these permits so it is hard for us to distinguish which one should be merged or not. So at this point we would like them to remain as originally permitted Motion: R.Ebersole 2"d: D. McQuaid To move this agenda item to a future meeting in August with consideration of review by the Building Commissioner of what was submitted tonight, policy discussions regarding the two properties that were raised by the Building Commissioner, as well as the policy of the property owner versus the permit holder Discussion: Ms. Luck requested an opinion from Town Counsel. The Board concurred. Vote: All in Favor Mr. Toale stated this would be continued until the August 21 meeting. Mr. Langlois stated PJ Keating is the holder of the permits, they are in their name because we lease the land for the mineral rights. So in theory we are the one requesting the permits. Secondly, if there are recommendations from the Board, that we receive those is writing so we can react to them as we did from the December 2017 letter. Mr. Langlois stated he had a conflict with the August 21" date, could there be a different night? The Board could not provide an answer at this time. Mr. Ebersole stated we will work with you, we just need to give the Building Commissioner enough time to review this new information and consult with Town Counsel. Mr. Rhodes moved on to the Powell Sand & Gravel earth removal permit. He reported last year one of their permits (#54) located on 151 Leominster -Shirley Road was not renewed and a closure plan was requested. When I met with the engineer on their closure plan, I discovered they had actually expanded ===PAGE 7=== The board has issued a permit that is discretionary and placed conditions on it and those conditions should be maintained no matter what. Mr. Ebersole asked does the closure plan for permit #54 cover the area that was not subject to the permit or does it only cover the original permit area? Mr. Rhodes deferred the question to Powell's engineer. Brian Marchetti, McCarty Engineering, stated this is the closure plan for 151 Leominster-Shirley Road He indicated the orange area on the closure plan as where the earth was removed. Back in 2011, there was a permit obtained for a garage and while the construction was happening they obtained an additional parcel, so what was previously proposed was not constructed. This plan only covers the area that was in the earth removal permit; this does not show the additional acreage that they have expanded on to. This plan shows the as-built grades as it stands today. The green is all the vegetation and the orange is the current active gravel yard. Everything inside the orange area drains to the middle and is contained on site. Powell would like to close out that earth removal permit and we are working right now with surveyors. Hopefully by the end of August, beginning of September we will be submitting a new plan for the manufacturing yard for all the materials that they process and sell. That would be the continued use in the future. Work that should not have been performed without a permit was, but we are trying to alleviate the situation with proper permitting. There is no more removal going on now, just processing. Everything stated in the bylaw required for closure is on this plan. Mr. Ebersole asked the reason the Planning Board is involved is because Powell was issued a Special Permit site plan? Mr. Marchetti confirmed yes, that was back in 2011: Ms. Luck asked when did they stop removing from the unpermitted area. Mr. Marchetti did not know but believed it was years ago. It is currently concrete, loam and asphalt stockpiles. Mr. Ebersole asked when are you going to the Planning Board for the amended Special Permit? Mr. Marchetti stated he started working on the closure plan when he discovered the gap between property lines. This is being worked on now. Mr. Ebersole asked when you go back to the Planning Board will the closure plan change? Mr. Marchetti stated no. We should receive a supplemental survey next week on the adjacent 30 acres for the manufacturing part which will show existing conditions. Mr. Marchetti does not have a physical plan for Goodrich Street (#32). He believed the Goodrich Street permit was obtained in the 1970s by Mr. Powell. It is composed of around 16 acres. Right now it's where the Powell's horse farm is located. There is about an acre of land left that he could still remove earth from and they keep it open because they do feed from it annually. They do not want to close that plan because they still use it. The majority of that whole area is covered in grass. If there is something we need to do to update it; if we met with Mr. Rhodes out there, we could look at the active portion being mined and come up with a plan. Mr. Ebersole reminded that when we reviewed the permit last year we did so on the condition you provide a closure plan on the areas where the earth removal has been completed. So we need that. Mr. Marchetti stated Steve Powell does not want to do that due to the activity needed to access the remaining portion. Mr. Ebersole requested a plan detailing why you don't want to close the permit. Mr. Marchetti repeated we really can't provide a closure plan and we need to meet out there with the Building Commissioner. ===PAGE 8=== ... to be reviewed. Motion: R.Ebersole To approve the closure plan for Permit #54 as submitted 2ad: D. McQuaid Vote: All in Favor The Board requested more information on permit #32. Mr. Toale asked if anyone from The Bootlegger was present. Lance Dellogono, co-partner, reported they are relaunching and are in the process of rehiring staff and their timeframe is looking like 6-8 weeks out. Motion: R.Ebersole 2nd: D. McQuaid To extend the license (closing) of The Bootlegger until October 31, 2018 Discussion: Mr. Toale stated if Mr. Dellogono returned before October 31s' he would like to see some details in writing like deadlines and milestones etc. Mr. Dellegono agreed. Vote: All in Favor TOWN MANAGER REPORT Summer Street Road Reconstruction Project Update: The contractor, Baltazar, is continuing their drainage work on the Fitchburg end of the project. Given the depth of some of these structures, and the utility conflicts encountered, the work has been going slow. They have a crew wrapping up another project in August and will be able to bring the second crew to this project to speed things up. Groundbreaking Ceremony for the Summer Street Road Reconstruction Project: After reaching out to the Governor's Office to find out the Governor and Lieutenant Governor's availability to attend a groundbreaking ceremony for the Summer Street Road Reconstruction Project, the Governor's Office responded that Governor Baker's schedule was too hectic but Lieutenant Governor Polito would be available. I have been working with MassDOT about the logistics for an event and contacting the necessary public officials and outreach. I'm in the process of working with the Lieutenant Governor's Office on a date that will attempt to accommodate everyone's schedule as best as possible, but the date will be driven by the availability of the Lieutenant Governor. More information will be sent out by tomorrow. Business-Town Partnership Update (TM Goal #1 and #3): There will be a Business-Town Partnership meeting on Monday, August 13th at 5 p.m. at Bad Larry's Bar & Grill. Montachusett Regional Planning Commission's Principal Planner Karen Chapman, Land Use Director Adam Burney, and I will review a draft business brochure with the Lunenburg Business Association as part of the District Local Technical Assistance funding we received to create an electronic brochure. In related news, there will be a Quad-Town Mixer on Wednesday, September 19th from 5:30 p.m.-7:30 p.m. at The White Farm in Townsend being put on by the Townsend Business Association. The event is a mixer for businesses from Townsend, Pepperell, Groton, and Lunenburg. ===PAGE 9=== weathervane had blown off the roof onto the sidewalk in front of the Town Hall and had been brought to sement. Our oftice sent an emaought back to the Town Hall and placed on top of the large safe in th about the whereabouts of the weathervane and a few town employees confirmed it had been last seen on top of the large safe in the Town Hall basement this past spring. The individuals that were part of the removal of the records in the basement were included on the email that went out and the company who performed the mold remediation has been asked as well. The Historical Commission was contacted to request assistance with finding a replacement and our insurance company has been contacted about filing a property loss claim. Skateboard Park Update: The topographical survey and soil testing done at the end of June will be used to prepare a design that should be done by September. Once an initial design is complete, the Skateboard Park Committee will go back before the Parks Commission to seek endorsement of the design, and once approved by the Parks Commission it will come for final approval by the Board of Selectmen. The Parks Commission also asked the Skateboard Park Committee to do additional research of annual maintenance costs of skateboard parks in similarly sized communities that would include labor costs spent on landscaping and other associated costs. The Skateboard Park Committee states they believe they will be ready to break ground by March. As of July 26th they had raised $13,000 and had a fundraiser on July 28th. They have a goal of raising $100,000 in cash and the additional project costs, an estimated $150,000, would be in-kind donations of labor, materials, and equipment. ADA Self-Evaluation and Transition Plan/MA Office on Disability Grants (TM Goal #2): I attended an ADA Transition Plan meeting at Montachusett Regional Planning Commission (MRPC) on July 26th to hear about the possibility of MRPC planning services that could assist communities to develop their ADA Transition Plans. At the time of the meeting an ADA Self-Evaluation and Transition Plan had not been found, but subsequent to that meeting I found that the Town had performed a self- evaluation and written transition plan for municipal and school buildings in 2009. This plan was not on file at the Massachusetts Office on Disability, which is the agency that promotes full and equal participation of people with disabilities through training to employers, advocacy, and resources such as the Municipal ADA Improvement Grant Program that offers planning grants to create or update a Self- Evaluation or Transition Plan and project grants of up to $250,000 to remove barriers and create and improve accessible features and access for persons with disabilities. MRPC will be providing a scope of work and project cost for interested communities to use when applying for the Planning Grant, which I will be applying for to update our 2009 Transition Plan. Even though our Transition Plan is outdated, we are eligible to apply for a Project Grant and I have a call into the Assistant Director of Community Services at MA Office on Disability to find out the scope of eligible projects that we could apply for. Both grants are due by October 1st. In the meantime, I have asked the Land Use Director to have the Building Inspector begin the Self- Evaluation on the municipal buildings and have asked the School ===PAGE 10=== Meetings and other announcements: • Town Counsel Office Hours for August: Town Counsel Office hours on August 28*; 2 - 6 p.m. • Regional Dispatch Meeting: I attended a meeting with the State 911 Director and the Bolton Town Administrator today to discuss additional state funding for the center. • Finance Committee Meeting: I will be attending the Finance Committee meeting on Thursday, August 9th Ms. Luck asked what does the Skate Park Committee need to have in hand before they are able to break ground? Ms. Lemieux believed once they reach the $100,000 goal. Ms. Luck asked where does the Town get assurance that the $150,000 in-kind donations are available? Ms. Lemieux stated that was a good question and she would have to follow up with the committee. She stated they did approach many organizations and got assurances that they would receive in-kind donations. They will be coming back to this Board in the fall with an update. Ms. Luck asked what is the plan for covering the annual maintenance. Ms. Lemieux stated it was discussed at the Parks Commission meeting that any excess funds would be placed in an account for any future expenses. Parks Commissioner Menard reported the Skate Park Committee reassured them that there was no maintenance, but we gave them some homework to ask questions of other similar-sized towns with skate parks. The DPW Director was concerned about graffiti and trash. She expected them to come back with answers to those questions. Further discussion ensued about long-term maintenance. Ms. Adams in regards to ADA compliance requested a future agenda item be a discussion considering holding public meetings. OLD BUSINESS 1. Board of Selectmen Goals a. Town Assets 1. Present & Future Maintenance & Capital Replacement of All Town Assets 2. Adopt an Action Plan for Activities During FY19, dealing with the "Five Buildings" b. Improve Public Satisfaction through Community Involvement and Public Outreach c. Increase Alignment with Committees Appointed by the Board of Selectmen 2. Discussion on liaison appointments As part of the third goal (see c. above), Mr. Toale intends to attend the next Personnel Committee meeting to try to engage them in helping with onboarding, recruiting, training, etc., for Board-appointed committees. He recommended holding off the liaison discussion of appointed boards until we bring dearpointed back all of our goal-related increased alignment with appointed committees by this board. He believed they need to address liaisons to elected boards. He noted the memo in the Correspondence from the Sewer Commission that requests we discontinue our liaison with them. Mr. Ebersole stated he sees this as a success of the Town Manager as she has been actively in communication with their Chair, the Business Manager and the Sewer Commission and has attended several of their meetings. Mr. Toale ===PAGE 11=== elected boards, nor any responsibility to oversee them. On a day-to-day basis we should be staying out of their business unless they want help with something. Ms. Luck did not see a liaison as being in their business; the School Department is responsible for 70% of the Town's budget. We need to be apprised of what is happening on the School Committee. Mr. Toale stated that is why they have televised meetings. Mr. McQuaid stated when it comes to other elected boards, he did not think we need to be apprised more than any other citizen in town because we are just another citizen and they are the elected board. Ms. Luck disagreed. Ms. Adams stated as a citizen she appreciated the committee reports. Mr. Ebersole asked how do we determine what is important to bring back here from any of the elected board meetings? He did note the new website will allow people to subscribe to a particular committee for notifications of agendas and minutes. That may change how we report as a liaison. A future goal may be to have a bylaw requiring every town committeee meeting to be televised. Further discussion will be needed. Mr. Toale stated the office got a letter back from MMPO and he will be representing Lunenburg and needs to choose a designee if he can't attend a meeting. He will be working with Town Manager on determining who that would be. CURRENT BUSINESS 1. Minutes/ Warrants/ Action File Issues The Board signed Minutes of July 17 and July 24, 2018. Mr. Toale noted the Supreme Judicial Court has issued a decision on Open Meeting Law compliance, that a communication, if it includes an opinion, from one board member to all the other board members, is considered an Open Meeting Law violation. He suggested going forward, if you want to make an amendment to the minutes, you will need to do it at an open meeting, unless it's a typographical error. Mr. Toale announced at the July 24 meeting, the Board signed an accounts payable warrant in the amount of $192,219.63; a payroll warrant in the amount of $620,581.64 and a payroll deductions warrant in the amount of $665,935.38. The Board also signed an accounts payable warrant in the amount of $336,518.01, a payroll warrant in the amount of $640.040.95 and a payroll deductions warrant in the amount of $561,905.53. The Fiscal Year 2019 151 Quarter Water Commitment in the amount of $7,252.80 was signed. A thank you letter to Robert Cadle for serving on the Zoning Board of Appeals was signed. Action Items: Mr. Toale announced he would not be attending the Stillman Fair this year and if another board member wanted to set up the volunteer booth, they were welcome to do so. Ms. Luck requested creating a projects wish list on a future agenda. She would like to discuss and put out a public survey, then have a list that is grant ready. Ms. Luck asked if there was any follow up to a resident complaint about an abandoned jeep on a neighbor's property. Ms. Lemieux reported the jeep owner would be moving the jeep within fourteen days. ===PAGE 12=== meeting. busines reviewed the gust in mechedule August 14 will be a workshop on earth removal. Regular PUBLIC COMMENT Ms. Adams requested the Executive Session on a land swap be conducted in Open Session. She contacted the Division of Open Government and we have to define what we are holding the Executive Session. Reason # 6 is not enough. We need to prove why it would be detrimental to discuss it in Open Session. Mr. Ebersole stated we should have that discussion at the time we make the motion to enter. Motion: R.Ebersole To adjourn the meeting 2n: D. McQuaid Vote: All in Favor The meeting adjourned at 9:17 p.m. Respectfully submitted, Cavem Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2018-08-14-agenda-5116.txt BOARD : select-board DATE : 2018-08-14 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-08-14-agenda-5116.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08142018-5116 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN August 14, 2018 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor AGENDA In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being recorded and broadcast over the Lunenburg Public Access channel. 7:00 PM PLEDGE OF ALLEGIANCE I. PUBLIC COMMENT  BOARD  PUBLIC II. APPOINTMENTS 1)Town Manager Appointment- Police Lieutenant- Thomas Gammel 2) Election Officers: Deputy Warden: Michael Gale (R), Clerks: Kathleen M. Pliska(D) and Darlene E. Steele (D), Inspectors: Ellen Aubuchon (D) and B. Ellen Gale (R); Deputy Inspectors: Ernest Aubuchon (D) and Anne Shattuck (R) 3) Resignation of Janice P. Carrier as Election Officer/Warden effective August 8, 2018 III. EARTH REMOVAL BYLAW REVIEW WORKSHOP IV.CURRENT BUSINESS 1. Minutes/ Warrants/ Action File Issues V. OLD BUSINESS 1. Board of Selectmen Goals Goal #1: Town Assets Present & Future Maintenance & Capital Replacement of All Town Assets Adopt an Action Plan for Activities During FY19, dealing with the “Five Buildings” Goal #2: Improve Public Satisfaction through Community Involvement and Public Outreach Goal #3: Increase Alignment with Committees Appointed by the Board of Selectmen VI. PUBLIC COMMENT  PUBLIC  BOARD VII. UPCOMING MEETING/EVENTS SCHEDULE August 21, September 4, 11, 18, 2018 VIII. Executive Session, M.G.L. c. 30, Section 21, Reason #6: To consider the purchase, exchange, lease or value of real property if the Chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body (161 Gilchrest Street, Assessor’s May 31 Parcel 10 and 171 Gilchrest Street, Assessor’s Map 31 Parcel 11) IX. ADJOURN ======================================================================================== DOCUMENT : 2018-08-14-agenda-6348.txt BOARD : select-board DATE : 2018-08-14 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-08-14-agenda-6348.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08142018-6348 ======================================================================================== ===PAGE 1=== ===PAGE 2=== ======================================================================================== DOCUMENT : 2018-08-14-minutes-5116.txt BOARD : select-board DATE : 2018-08-14 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-08-14-minutes-5116.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08142018-5116 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Also present: Town Manager Heather Lemieux; Adam Burney, Land Use Director; Adam Costa, Town Counsel The meeting commenced at 8:25 p.m. Mr. Toale believed it was important to hold this Executive Session to protect the Board's negotiating rights regarding the Gilchrist Street properties conveyance proposal. Town Meeting had authorized the conveyance of the property and the acquisition of another property. Mr. McQuaid concurred. Attorney Costa noted the configuration of the land proposal changed and that is why we are back in Executive Session. Ms. Adams felt badly that this was not an agenda item. She studied Open Meeting Law and takes open government very seriously. She is trying to speak on behalf of people who would prefer to be part of that. Mr. McQuaid stated he was going to abide with Town Counsel's opinion that it was legal to have this in Executive Session. He noted Ms. Adams had an individual conversation with the Attorney General's office and that is one individual representing a board. Mr. Costa stated when negotiating there are discussions that need to be worked out without compromising the Town's position. That is the Reason #6 exists; for Executive Session; it's primarily used for these types of real estate transactions. Mr. Ebersole asked what is our action since the proposal has changed. Mr. Burney stated the Conservation Commission supported the deal and was the initial proponent of the Town Meeting article. The new proposal is 2.3 acres of ownership swapped for about 30,000 square feet. The Town would be giving up around .71 acres for the 2.3 acres of ownership which includes the Mulpus Brook, an easement over the existing trail and a conservation restriction on the remainder of the previously proposed seven acres that would be acquired. In addition, there would be a fifteen foot walking easement up the east property line. Ms. Adams reported she had hiked the area. She believed the existing path is superior as the proposed easement was not accessible. Mr. Ebersole asked if the other party, Kevin Hill, would be willing to give a 20 foot wide easement close to Valley Road as clearly none of that area is wetlands so that we would be able to do more work on the easement. Discussion ensued about discussing the deal in open session and then turned to the wording of Article #22 and the presentation on the article at Town Meeting. Motion: R.Ebersole 2nd: D. McQuaid To request a 20 foot easement from Kevin Hill and to clarify that the land actually goes to Valley Road Discussion: Ms. Adams asked if Mr. Hill would be willing to clear to make it as accessible as the one we have. Mr. Ebersole amended his motion to request if the landowner would clear 20 feet under the direction of the Conservation Commission. Mr. McQuaid seconded the amendment. Mr. Toale asked what is different from what we said we already liked at our last Executive Session. Mr. Burney stated you don't own five acres. You have an exclusive right to easement. Mr. Ebersole stated he would be interested to see the easement along Valley Road as well; it does not change his motion but it helps us in making our decision because if the easement does not go across the property and it ends, we don't have the right to go any further. Mr. Burney stated he believed it actually goes through abutter Jane Gallagher's property. Roll Call Vote: Ms. Adams-nay, Mr. Ebersole -aye, Mr. McQuaid-aye, Mr. Toale-aye Mr. Costa stated the next question for the Board is if he accepts this proposal, do you want to vote to give authorization to negotiate the purchase and sale agreement on these terms and authorize the Chairman to sign on ===PAGE 2=== authorize the Chair to execute; as long as it is corrected at the Valley Road entrance portion Roll Call Vote: Ms. Adams-nay, Mr. Ebersole -aye, Mr. McQuaid-aye, Mr. Toale-aye Attorney Costa will communicate with Mr. Hill's lawyer and advise him of that vote. Motion: R. Ebersole To adjourn from Executive Session Vote: Ms. Adams-aye, Mr. McQuaid-aye, Mr. Ebersole- aye, Mr. Toale-aye The meeting adjourned at 9:08 p.m. Respectfully submitted, Elaine M. Peterson Elaine M. Peterson Executive Assistant to the Town Manager 2nd: D. McQuaid ======================================================================================== DOCUMENT : 2018-08-14-minutes-6348.txt BOARD : select-board DATE : 2018-08-14 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-08-14-minutes-6348.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08142018-6348 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN Executive Session Minutes Joseph F. Bilotta Meeting Room, Town Hall August 14, 2018 Board of Selectmen: Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Damon McQuaid, Clerk; Katey Adams, Member Not Present: Phyllis Luck, Member Also present: Town Manager Heather Lemieux; Adam Burney, Land Use Director; Adam Costa, Town Counsel The meeting commenced at 8:25 p.m. Mr. Toale believed it was important to hold this Executive Session to protect the Board's negotiating rights regarding the Gilchrist Street properties conveyance proposal. Town Meeting had authorized the conveyance of the property and the acquisition of another property. Mr. McQuaid concurred. Attorney Costa noted the configuration of the land proposal changed and that is why we are back in Executive Session. Ms. Adams felt badly that this was not an agenda item. She studied Open Meeting Law and takes open government very seriously, She is trying to speak on behalf of people who would prefer to be part of that. Mr. McQuaid stated he was going to abide with Town Counsel's opinion that it was legal to have this in Executive Session. He noted Ms. Adams had an individual conversation with the Attorney General's office and that is one individual representing a board. Mr. Costa stated when negotiating there are discussions that need to be worked out without compromising the Town's position. That is the Reason #6 exists; for Executive Session; it's primarily used for these types of real estate transactions. Mr. Ebersole asked what is our action since the proposal has changed. Mr. Burney stated the Conservation Commission supported the deal and was the initial proponent of the Town Meeting article. The new proposal is 2.3 acres of ownership swapped for about 30,000 square feet. The Town would be giving up around. 71 acres for the 2.3 acres of ownership which includes the Mulpus Brook, an easement over the existing trail and a conservation restriction on the remainder of the previously proposed seven acres that would be acquired. In addition, there would be a fifteen foot walking easement up the east property line. Ms. Adams reported she had hiked the area. She believed the existing path is superior as the proposed easement was not accessible. Mr. Ebersole asked if the other party, Kevin Hill, would be willing to give a 20 foot wide easement close to Valley Road as clearly none of that area is wetlands so that we would be able to do more work on the easement. Discussion ensued about discussing the deal in open session and then turned to the wording of Article #22 and the presentation on the article at Town Meeting. Motion: R.Ebersole 2": D. McQuaid To request a 20 foot easement from Kevin Hill and to clarify that the land actually goes to Valley Road Discussion: Ms. Adams asked if Mr. Hill would be willing to clear to make it as accessible as the one we have. Mr. Ebersole amended his motion to request if the landowner would clear 20 feet under the direction of the Conservation Commission. Mr. McQuaid seconded the amendment. Mr. Toale asked what is different from what we said we already liked at our last Executive Session. Mr. Burney stated you don't own five acres. You have an exclusive right to easement. Mr. Ebersole stated he would be interested to see the easement along Valley Road as well; it does not change his motion but it helps us in making our decision because if the easement does not go across the property and it ends, we don't have the right to go any further. Mr. Burney stated he believed it actually goes through abutter Jane Gallagher's property. Roll Call Vote: Ms. Adams-nay, Mr. Ebersole-aye, Mr. MeQuaid-aye, Mr. Toale-aye Mi. Costa stated the next question for the Board is if he accepts this proposal, do you want to vote to give authorization to negotiate the purchase and sale agreement on these terms and authorize the Chairman to sign on ===PAGE 2=== the Town's behalf or do you want to wait and see what the response is and make that motion at a future meeting? Mr. Toale asked would we go for it if we don't get the extra five feet? Mr. Ebersole stated he would be okay with losing the five feet as long as the easement goes all the way to Valley Road and he hoped that Hill would be able to clear a path. Ms. Adams asked if there would be a public hearing on our agenda before we finalize conveyance? Mr. Ebersole and Mr. McQuaid noted the presentation and discussion happened at Town Meeting which authorized the Board to take action. Mr. Toale agreed. Motion: R. Ebersole 2'': D. McQuaid If Mr. Hill accepts the proposed 20 foot condition and clearing the path in accordance with Conservation Commission requirements or stays with the 15 foot wide easement and clears the path with Conservation Commission requirements; that we move forward to negotiate a purchase and sale agreement and authorize the Chair to execute; as long as it is corrected at the Valley Road entrance portion Roll Call Vote: Mis. Adams-nay, Mir. Ebersole-aye, Mr. McQuaid-aye, Mr. Toale-aye Attorney Costa will communicate with Mr. Hill's lawyer and advise him of that vote. Motion: R. Ebersole To adjourn from Executive Session Vote: Ms. Adams-aye, Mr. MeQuaid-aye, Mr. Ebersole-aye, Mr. Toale-aye 2nd: D. McQuaid The meeting adjourned at 9:08 p.m. Respectfully submitted, Claire M Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2018-08-21-agenda-5117.txt BOARD : select-board DATE : 2018-08-21 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-08-21-agenda-5117.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08212018-5117 ======================================================================================== ===PAGE 1=== ===PAGE 2===