# select-board — 8 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 : 2018-08-21-minutes-5117.txt BOARD : select-board DATE : 2018-08-21 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-08-21-minutes-5117.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08212018-5117 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Rhodes; Karen Brochu, Finance Director/Town Accountant 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 stated she got an email today from Town Manager Lemieux regarding ADA compliance for the Town and is looking forward to discuss moving future meetings to a location that is more compliant. It will be on the September 4* agenda. Ms. Lemieux stated those who drove on Chase Road (Rte. 13) may have noticed that the line striping was done yesterday. The project has been completed. The DPW Director found after traveling on the road that it has an inconsistent surface. He reached out to MassDOT, District 3 office this morning and a meeting will be set up after August 27'h ?, when the project manager is back from vacation. The DPW Director and myself will work agressively toward a solution and ask for your support in finding a remedy. APPOINTMENTS 1) Special One Day Alcohol License Application for Stillman Country Fair Julia Stillman did not present on behalf of the application. Mr. Toale stated for the record we are still waiting for a certificate of insurance coverage and food permits. Motion: R.Ebersole 2nd: D. McQuaid To approve the Special One Day Alcohol License for Stillman Country Fair on September 8h with a rain date of September 15th Discussion: Mr. Ebersole asked if a license was issued on the property last year. Mr. Toale stated yes, but the Lion's Club has been the applicant. Ms. Luck asked if they have talked to the Police Chief about details on site that day. Should the license be contingent on them providing the rest of the required information? Mr. Ebersole amended his motion that the license not be released until the other documents are provided. Mr. McQuaid seconded the amendment. Vote: All in Favor INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Council on Aging vacancy interview- Term to expire June 30, 2021 Barbara Brown, 39 Carousel Lane, has lived in town for 50 years. She has been volunteering since the 1970s and had previously served on the Council on Aging for five years. Mr. Ebersole noted the Council on Aging has recommended Ms. Brown's appointment. Motion: R.Ebersole 2nd: D. McQuaid To appoint Barbara Brown to the Council on Aging with a term to expire June 30, 2021 Vote: All in Favor Ms. Brown thanked the Board and the Board congratulated her. ===PAGE 2=== to supper time? Mr. Lorenzo stated most people aren't around during the morning hours. Ms. Luck asked if they let the Police know they are in town. Mr. Lorenzo stated yes. Ms. Adams stated 8:00 p.m. felt kind of late for herself. Mr. Ayers stated in the summertime it is still light out at that time. Further discussion about hours ensued. Vote: 4 in favor, 1 opposed (Adams) Mr. Lorenzo and Mr. Ayers thanked the Board and exited the meeting. OLD BUSINESS: Skate Park Committee Update Aidan Moore, Aidan Swift, Griffin Caiozzo and Anthony Caiozzo reported on their fundraising progress. They are continuing to hold fundraisers. They have raised another $3,000 and a couple of more in-kind donations. They have a total of $18,000 in cash donations and $23,000 in-kind donations. They presented some sample skate park conceptual designs. Ms. Luck asked what the difference in price is on the ones they preferred. The first one (Concept A) by Pilla Designs was in the $400,000 range ($200,000 in-kind and $200,000 in cash). Another by Spohn Ranch (SR 093- 01) is in the $300,000 range. They will continue fundraising until they reach their goal. They are looking at grants as well for funding. Anthony Caiozzo, 1091 Massachusetts Avenue, reported the pace of their fundraising has been accelerating. They have 20 requests out to charitable organizations throughout the United States, besides the Tony Hawke Foundation who is committed to seeing this project be a success. They have a letter of endorsement from them and they are providing guidance. Over the last 60 days, they have met with organizations that have built skate parks all over the northeast and are learning what mistakes they made, their fundraising efforts and best practices for design and construction. Ms. Luck asked how the in-kind donations would work; how much of that do you have to have in order to start? Mr. Caiozzo stated almost all of it. They have received a checklist from the skate park companies on what they need. Mr. Ebersole encouraged the group to keep the public outreach going. Ms. Luck asked how are they planning for maintenance? Mr. Caiozzo stated there is very little maintenance needed with regards to the actual structure for the first ten years. There is the occasional graffiti that needs to be removed, trash removal and landscaping. Greg Roy, 105 Chestnut Street, stated we need to develop what we have so we can create a construction and maintenance budget. We need to know what the Town needs on their side, such as legal review of documents, etc. Mr. Toale requested the group check in periodically to keep the Board apprised. TOWN MANAGER REPORT Summer Street Road Reconstruction Project Update from MassDOT: The contractor, Baltazar, is continuing with drainage installation in Fitchburg. MassDOT met with the reclaiming subcontractor last week to discuss their schedule for beginning work on the site. They will be taking cores and samples this week to establish their job mix formula for the project. They will submit this to MassDOT, who has 28 days to review it. Upon approval, it progresses according to their schedule and the weather. Ideally, the road would be reclaimed from the Subway plaza in Fitchburg to the bridge over Baker's Brook. However this project calls for an emulsion injection into the reclaimed material. The emulsion injection is finicky, it can't be done the day after or the day of any rain, and the temperature needs to be 50 degrees or higher. It will also need to be paved over within a week of injection. Weather conditions will factor into the remainder of the 2018 construction season. Baltazar is expected to have a second crew on site in mid-September. This crew will most likely begin work on the Baker's Brook Bridge. ===PAGE 3=== funding we received to create an electronic brochure. The brochure will provide a link back to a directory of all the businesses in Lunenburg, will likely list all the functioning farms, community type events, and other recreational areas in town. Launch of New Town Website (TM Goal #1): Departments are in the process of finalizing pages on the new website and uploading content that needed to be updated. The official launch date will be Tuesday, September 4th. I have asked IT Director Steve Malandrinos to attend the next Selectmen's meeting to discuss the features of the new website which include subscription notifications, a Facebook feed, and maps. Green Communities Competitive Grant (TM Goal #2): School Facilities Director John Londa and I met with Kelly Brown from Massachusetts Department of Energy and Resources (DOER), the grant administrator Karen Chapman of Montachusett Regional Planning Commission (MRPC), the utility representatives, and the energy firm that will perform the work for all the projects that were approved as part of the Green Communities Competitive Grant. We discussed the process for submitting the energy incentive applications that will need to be approved before proceeding with the projects. Once we receive the approval letters back from the utility companies, we will then sign the contracts with the energy consultant and proceed with the projects. Given all these tasks, the consultant is still confident the projects can be completed according to the grant submission of mid-November. Conceptual Design for Municipal Offices at the TC Passios: I had my first meeting with Paul Lieneck of Haynes, Lieneck & Smith who will be providing the architectural and engineering services for the conceptual design and construction cost estimate for housing town offices at the TC Passios Building (11/28/17 SIM, Article 4) and we will do a walk-through of the building this Thursday, along with School Facilities Director John Londa. I asked Mr. Londa to come along, as he is knowledgeable about the condition of the building and the history of repairs and upgrades that have been done at that building. The architect is tasked with providing an initial conceptual design that will be presented at a Board meeting and based on the consensus, prepare a conceptual design floor plan of spaces and associated site plan with parking that supports the proposed use. This final conceptual plan will be accompanied by an updated construction budget and report that includes the floor plan, code compliance, budget cost statement and design comments. Meetings and other announcements: • Town Counsel Office Hours for August: Town Counsel Office hours on August 28th 2 - 6 pm. • Regional Dispatch Meetings: I attended a Regional Dispatch negotiation meeting on Monday, August 20th and will be attending a Dispatch Administration Board meeting on Wednesday, August 22na. • Department Head Meeting: The next Department Head meeting is Tuesday, August 28th OLD BUSINESS 1. Earth Removal Permit Renewals for Powell Sand & Gravel and PJ Keating Ms. Lemieux reported the Board met earlier this month and continued discussion to tonight. Action will be required as all earth removal permits expire on August 31, 2018. ===PAGE 4=== shall be permitted." I believe P.J. Keating Company is in violation of this condition. It appears that there has been excavation well below the grade of Fort Pond Road Recommendation: The applicant be required to provide engineering proof that they are in compliance with the condition. If they are not in compliance, they should be required to request an amendment of the permit. I would suggest only a three-month extension of their permit be granted. Permit #15-165 acres, more or less, lying northerly of Leominster-Shirley Road, and westerly of Reservoir Road, on both sides of the Boston & Maine Railroad This permit has generally been inactive. Condition #1 provides "When the Earth Removal operation for any area of five (5) acres or more is finished and /or a permit is not reviewed for an area, the respective applicant must within a two (2) year period thereafter reforest and/or provide suitable ground cover as may be deemed appropriate for that particular area by the Board of Selectmen." Condition #5 provides "excavation to be four feet above high water table" Condition (F) which was added by the Board of Selectmen in 1998, requires a 250 feet buffer along Reservoir Road. It is not clear if they are in compliance with these permit conditions. Recommendation: They have test pits dug and monitored by a Mass Registered Engineer to document they are a minimum of four feet above high groundwater. Provide a plan stamped by a Registered Land Surveyor that they are a minimum of 250 feet from Reservoir Road Development has occurred to the north of this property since this permit was issued. The Board of Selectmen may wish to consider a new requirement for a 250 feet buffer from the residential abutters to the north. I suggest only a three-month extension of their permit be granted to allow time for engineering be done. If the engineering documentation is not provided, the permit would not be further renewed. Permit #16- Parcel 11- 170 acres, more or less, lying northerly of Leominster- Shirley Road, and easterly of Reservoir Road, on both sides of Boston & Maine Railroad and both sides of Round Road Some of the site located between Leominster/Shirley Road and B &M Railroad in my opinion is no longer an earth removal operation but is in fact a manufacturing operation where stone is processed. The remainder of the site located north of the B &M is not active. Condition #1 provides "When the Earth Removal operation for any area of five (5) acres or more is finished and /or a permit is not reviewed for an area, the respective applicant must within a two (2) year period thereafter reforest and/or provide suitable ground cover as may be deemed appropriate for that particular area by the Board of Selectmen." Condition # 5 provides "excavation to be four feet above high water table". Condition F, which was added by the Board of Selectmen in 1998, requires a 250 feet buffer along Reservoir Road. It is not clear if they are in compliance with these permit conditions. Recommendation: For the area of the site north of the B & M Railroad, they have test pits dug and monitored by a Mass Registered Engineer to document they are a minimum of four feet above high groundwater. Provide a plan stamped by a Registered Land Surveyor that they are a minimum of 250 feet from Reservoir Road. Development has occurred to the north of this property since this permit was issued. The Board of Selectmen may wish to consider a new condition requiring a 250 feet buffer from the ===PAGE 5=== on the east by the Shirley town line, being the same parcel of land formerly owned by Edward Credit and containing 28 acres, more or less These permits include all property to the south of Leominster/Shirley Road and west of Fort Pond Road. The conditions attached to all the permits are the same. I suggest they be considered together. Most of the site is used for equipment repair, staging of equipment and recycling. There does appear there may be some material on the southern boundary of this area. The southern boundary abuts residential property. Recommendation: The permits be renewed for three months. If material does remain, a plan be provided showing where it is located and provide a 250 feet buffer to the residential abutters. If a plan is not provided, the permits would not be further renewed. Permit #18-Pareel IV- 6.8 acres, more or less, lying southerly of Leominster-Shirley Road and westerly of Fort Pond Road The location of the permit is the southwest corner of Leominster/Shirley Road and Fort Pond Road. Recommendation: The permit be renewed. This area is part of the active excavation associated with the quarry located in Lancaster. Permit #19-Parcel V—22 acres, more or less, lying easterly of Shirley Reservoir Road and northerly of Boston & Maine Railroad and abutting the Shirley Town line The site is located north of Leominster/Shirley Road and south of the B & M Railroad. The area is currently used for material storage and processing. The area is not currently used for earth removal but material remains. The area does not abut residential properties. Recommendation: The permit be renewed. Permit #28-On the westerly side of Reservoir Road near Round Road containing an area of 6.6 acres more or less The location of this permit is the northwest corner of Leominster/Shirley Road and Reservoir Road. This is the location of the main office with associated parking and a truck scale. Recommendation: The permit not be renewed. Permit #29 - On the westerly side of Reservoir Road South and near Goodrich Street containing 12½ acres, more or less The location of this permit is adjacent to Lake Shirley. The only access to the property is through the Town of Shirley. There has not been any material removed at this time. It is my understanding they do not have permission from the Town of Shirley to allow the crossing of town lines. Since the permit was issued, there has been a number of new and improved residences along Lake Shirley. Recommendation: The permit not be renewed. Permit #42- At the southeasterly side of Leominster-Shirley Road and easterly of the Boston & Maine Railroad near the Lancaster town line containing 30 acres, more or less, owned by the applicant The location of this permit is south of Leominster-Shirley Road and east of the B & M Railroad. This site is part of the active quarry operation located in Lancaster. Recommendation: The permit be renewed. ===PAGE 6=== 21, 2018 meeting as you deliberate renewal of Keating's eleven earth removal permits. As enacted, the purpose of the current Earth Removal Ordinance "is to protect the health, safety and welfare of the public by regulating the removal of earth so as not to create dust, washouts, noise, ponds, and other hazardous conditions." As you acknowledged, Keating has been operating under permits issued by the Board of Selectmen continuously for over a half century. Keating believes that its performance has continually fulfilled the purpose of the ordinance. Keating was encouraged by Land Use Director Adam Burney's workshop presentation of the draft new bylaw that he circulated to you the previous day. As Mr. Younkin stated, we look forward to the opportunity to review and to contribute to the fine-tuning of the bylaw at the appropriate time, noting in particular the necessity to distinguish requirements for sand and gravel operation from those for rock quarries. In addition, please note that, in 2006, the Massachusetts Department of Fish and Game, Division of Fisheries and Wildlife, Natural Heritage and Endangered Species Program (NHESP) mapped nearly 40 percent of contiguous Keating property in Lunenburg and neighboring towns as a Priority Habitat of Rare Species and as an Estimated Habitat of Rare Wildlife. In 2008, Keating initiated with the NHESP a comprehensive review of the mapping and its implications. NHESP Regulatory Review Manager Jon Regosin, Ph.D. explained that gravel pits that are not redeveloped or that are not allowed to reforest provide good habitat for certain animal species, such as the Blanding's Turtle that inhabits Keating land. The review culminated in a NHESP determination that Keating may continue its long-standing operations. Given the threatened species habitat on Keating land, Keating encourages the town to accommodate such circumstances when establishing earth removal closure reclamation provisions. Given Keating's reliable ongoing performance, the new bylaw efforts, and the species habitat, Keating is troubled by Mr. Rhodes's recommendation that you not renew two permits and that you restrict renewal duration to three months for six other permits. Keating is particularly concerned with Mr. Rhodes's suggestion that certain engineering, including provisions for reclamation of habitat, be undertaken for the latter six permits as a prerequisite for further permit renewal, since such engineering may prove to be unusable going forward if it does not meet the criteria that the new bylaw and its implementing regulations ultimately establish. Keating was heartened by Mr. Burney's advice to you to renew all permits now, in August 2018, and again in August 2019, in anticipation of the development by Keating and other permittees of comprehensive engineering data for applications to be made under the new bylaw in 2020. Accordingly, Keating respectfully asks that you renew for one year in the customary manner all eleven of its permits presently before you." Mr. Rhodes stated if you do vote not to renew any permits, he could meet with Land Use Director Burney to look at each permit and determine if a closure plan should be appropriate. Mr. Ebersole stated the engineer has requested all permits be renewed in anticipation of the new bylaw for 2020. He was in favor of Mr. Rhodes' recommendations on Permits #14,15,16,17, 27, and 30 for three-month extensions as we consider the various considerations about requiring the check on the water level (s) and set back requirements, etc.; and complete renewal of permit #18, 19 and 42. Permit #28 would not be renewed because that is where the office is located and Permit #29 is the land adjacent to Lake Shirley with the only access being through the Town of Shirley. Ms. Luck was in favor of following the Building Commissioner's recommendations. Mr. Ebersole stated he would support that for the purposes of timing. He was not ready to make a motion without making any conditions, such as setbacks that are greater that are currently there. He would look at that as what would happen at the end of the three-month period. On the annual plan, we would consider additional setbacks, if appropriate, based on additional information. He was fine with not renewing the permit for the property that has the office and scale on it, as well as not renewing the permit for the land adjacent to Lake Shirley with the understanding that they could come back and apply in the future with a plan. That one would not require closure because it has not been mined as well as the parcel with the office on it. ===PAGE 7=== week and the work that needs to be done, he was not sure we would be clear enough in three months. He guessed we would be back in three months and extending again, which would be fine. Mr. Ebersole stated the minimum that he would be asking for the three-month extension is are they compliant with existing conditions? Ms. Luck asked where the new homes have been built, does it make sense to give a 250-foot buffer zone to protect the new homeowners. Ms. Adams asked if six months might be more realistic as we keep coming back but don't have a resolution plan. Mr. Ebersole stated he believed most of the work has been done already and there may be information that they have already. For the compliance part as opposed to expansion of requirements, he believed they could do that within the three- month period. It sends a message saying we really don't want you to expand beyond what you are currently doing. Mr. Toale stated it was also in support of the Building Commissioner's recommendations. Mr. Ebersole added it's also an indication that if you are complying, you probably will get another extension. Powell Sand & Gravel Earth Removal Permit Commissioner Rhodes reported on 395 Goodrich Street (Permit# 32). He had a preliminary meeting with their engineer, who is here tonight. He is still intending to meet with him onsite. He did confirm he would be preparing a closure plan for the portion that is closed as well as a plan for access to the remaining material in the back. He suggested allowing 8-9 months for that plan. It should be a simple plan. The property is being used as a horse farm, there are pastures there and some of the area that could be closed is flat and new vegetation is growing. Regarding Permit# 54, 151 Leominster-Shirley Road, the Board accepted a closure plan presented at the August 7, 2018 meeting. There is still the issue of an adjacent unpermitted parcel where earth was removed which is on Map 146, parcel 8. I believe there should be a closure plan provided for that or if there is a need they should apply for an earth removal permit. Mr. Toale asked if there was ever a closure plan or permit for that area. Mr. Rhodes confirmed no, they just extended their excavation onto that property. They are also working with the Planning Board for site plan approval, so they will be applying to them very shortly. They may incorporate both parcels at that time. His recommendation would be to require one of the two options within eight months. Mr. Ebersole stated for Goodrich Street, the permit renewal technically is for 16 acres. He asked if it will be renewed for a lesser portion. Mr. Rhodes stated we don't have a plan in front of us that would be able to cut out that portion that is finished. That is what they need to be providing to the Board. That was actually what the Board requested last year but they did not provide one and as of this date that has not been provided. This year they just came back and requested to renew the permit. Mr. Ebersole stated he would be willing to do an extension of the permit for three months with the requirement they provide a closure plan for the remaining property not to be reviewed and a plan for the property to continue to be mined. At the end of the three-month period we would renew that portion of the property until August of 2019. Motion: R. Ebersole 2": D. McQuaid To extend permit #32 until December 31, 2018 and require a plan for the portion of the property that will be continued to be mined and a closure plan for the unpermitted area on Map 146, parcel 8, to be submitted within three months Discussion: Brian Marchetti, McCarty Engineering, Inc., stated after the last meeting he had wanted to meet out there with Mr. Rhodes to review the pit as it stands now and to see exactly what would be ===PAGE 8=== banking. Mr. Marchetti proposed an aerial photo showing the property lines similar to what he submitted for permit #54, as a survey for the sixteen acres would run into the thousands of dollars. Mr. Ebersole stated his proposal would be to extend the permit for three months, you come back to us with an application for how much acreage and driveway you need to have on the new permit and in three months we will renew that through August assuming you meet the requirements of telling us what you are doing on the permit. Instead of renewing 16 acres, we will renew the area you are working in. Mr. Ebersole amended his motion regarding the area on Map 146, parcel 8; that all the requirements of a closure plan be incorporated into a site plan review to the Planning Board. Mr. McQuaid seconded the amended motion. Vote: All in Favor Review and possible votes to amend the following Selectmen policies: Ms. Lemieux referred the Board to the suggested edits following the workshop on policies on Section 1.05 Standards of Conduct; Ms. Lemieux stated the reference to MGL was corrected to c.268A as they apply to municipal officials. Ms. Luck believed some of the standards of conduct are unnecessary and felt like the Board was being treated like children. Mr. Ebersole stated he wasn't here for the initial discussion but these were created when there was a lot rancor on the Board and it sets a standard to keep people accountable. Further discussion ensued on the reasoning behind the standards. Mr. Ebersole motioned to change the word "team," to "Board," and "decisions" to "votes", in the first bulleted line, Mr. McQuaid seconded both changes. Vote: All in Favor Discussion about the bulleting occurred Motion: R.Ebersole 2nd: D. McQuaid To add the word "sufficient" to the following bullet as follows: "make decisions only after all sufficient facts on a question have been presented or discussed;" Vote: All in Favor Section 1.08 Meeting Procedures; Ms. Lemieux stated the question on this section was regarding meetings on Sundays and holidays. After review, the law is silent on this but best practice is not to hold public meetings when access to public buildings may be Imited and when the public does not normally anticipate the scheduling of a public meeting. She recommended striking this wording, "Meetings falling on a legal holiday are usually canceled or rescheduled at the discretion of the Board, "or rewording to: "Meetings falling on a legal holiday shall be rescheduled by the Board. " Ms. Adams requested striking the following wording, "Regular meetings of the Board will be held in the Joseph F. Bilotta Meeting Room as scheduled by the Board unless otherwise noted." Mr. Ebersole suggested holding off on that change until they discuss and vote on it. Mr. Toale felt it was important to have a regular meeting place and agreed with Mr. Ebersole that this is where it is until we change it. Ms. Lemieux also recommended changing, "The Board will post notice and record minutes of all meetings as required by MGL c. 39, to as required by Open Meeting Law." 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 (remove "the week" and insert "on the Thursday,") prior to the scheduled meeting date. If background information is insufficient or complex, any member should feel free to ask for additional time for careful study of an issue or a motion. ===PAGE 9=== Section 1.13 Designer Selection Procedures; Me Tomion noted the comment at the vorteton meetin was this would be moved to Administration and Finance Procedural manual that we would use internally. It was decided to leave it as is until another dedicated place for it is determined. Section 2.01 Access to Town Counsel; proposed changes italicized and underlined.. All requests for the use of Town Counsel must be submitted in writing or verbally to the Town Manager with the exception of town counsel monthly office hours. Legal matters that require further legal review outside of monthly office hours must receive approval from the Town Manager. The Town Manager will henceforth act as the contact point between Town Counsel and the governmental body of the Town unless an alternate contact person is designated by the Town Manager. Section 2.02 Remote Participation; There is a memorandum from Executive Assistant Peterson concerning remote participation that is required by the state. Discussion about the policy details ensued. Motion: REbersole To strike current section #10 under Procedures for Remote Participation 2nG: D. McQuaid Vote: All in Favor Section 2.07 Appointments; Section 4.02 BYOB; and Section 4.03 One Day Liquor Licenses; were tabled until a workshop on liquor licensing workshop is held. Section 4.17 Taxicab License; Ms. Lemieux stated this section has been forwarded to Town Counsel as regards to Uber and Lyft drivers. Mr. Ebersole noted a previous discussion about whether limousine drivers should be have a CORI done on them in addition to the owner. Mr. Toale added there was also a question if the limousine company had to be in Lunenburg in order to operate in town. Section 4.19 Gasoline Storage-Storage of Inflammables; Ms. Lemieux reported the title of this section has been changed to "License for Use of Land for Inflammables" The following paragraph has been added keeping with MGL: Applications for Use of Land to keep, store, manufacture, or sell gunpowder, dynamite, crude petroleum or any of its products, or explosive or inflammable fluids or compounds, tablets, torpedoes or any explosives of a like nature, or any other explosives, fireworks, firecrackers, or any substance having such properties that it may spontaneously, or acting under the influence of any contiguous substance, or of any chemical or physical agency, ignite, or inflame or generate inflammable or explosive vapors or gases to a dangerous extent as defined under MGL Chapter 148 Section 9 must be made to and approved by the Board of Selectmen according to MGL Chapter 148 Section 13. An has been added in front of the word Application in the line after the new paragraph. An Application for the Use of Land for Inflammables shall be accompanied by the following: The following was amended to read: Plot plan showing location of storage tank for crude petroleum or any of its products, location of any building or structure for any other inflammables, location of septic system, buildings, location of well etc. ===PAGE 10=== Section 5.01 Pole Petitions; (changed from Pole Location Requests) Mr. Ebersole suggested similar wording as above and checking with Town Counsel. Section 5.02 Road Acceptance or Road Discontinuance Mr. Ebersole stated wherever it says road acceptance, or Road Discontinuance should be added in this section. Ms. Lemieux stated this is also being reviewed by Town counsel. Section 5.03 Use of Public Ways New Section added at end of this section: 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 content on the signage and determining what is permissible ensued. The question was asked how does Town Manager determine what is allowed and not allowed. It was suggested that the wording needs more work. Section 5.04 Toll Booth/Boot Drive Policy The following wording was added: 10. Organizer will attest that all the funds raised will be used to serve the residents of Lunenburg. Discussion turned to number of times allowed per year per group. Suggestion to ask Ms. Peterson to report on past requests. Section 5.05 Disturbances of Newly Paved Roads (Adopted 9/5/17) Added to this section: VI. EMERGENCY REPAIRS: A. DEFINITION: An immediate cut into the newly paved roadway that is required to address a public safety issue. Examples of this may include, but are not limited to, a ruptured water main or water service, a faulty gas pipe, or sewer break. B. Immediate excavation of the area is allowed in cases of emergency repairs outside of the permitting process in this policy C. The utility or subcontractor that performs the temporary emergency repair will be required to notify the DPW Director by the next business day. The temporary emergency repair will include backfilling the hole with material to the same level as the existing pavement and compacting it. The utility that made the emergency repair will contact the DPW Director about the final method of repair that will maintain the integrity of the roadway. Also added was numbering (BOLDED) for the following sections: VIl. FEES VIII. CONSTRUCTION REQUIREMENTS IX. OTHER REQUIREMENTS X. SEVERABILITY The following was removed: ===PAGE 11=== Section 7.10 Social Media Policy- Note: there will be a future workshop on this, Section 7.11 CORI Policy; The following was added: B. All CORI obtained from the DCJS is confidential, and access to the information must be limited to those individuals who have a "need to know". This may include, but not be limited to, hiring managers, staff submitting the CORI requests, and staff charged with processing job applications. The Town of Lunenburg must maintain and keep a current list of each individual authorized to have access to, or view, CORI. C. If the Town disseminates CORI outside the organization, including dissemination at the request of the subject, a dissemination log must be kept. Dissemination of CORI must follow DCJS regulations and MGL c. 6 Section 172. Section 2.07 Appointments; The following was added to this section's third paragraph: The Town Manager's office will forward the reappointment form to the board or committee asking for their review and response relating to the reappointment of the person as well as the written comments in the application, prior to date of the meeting at which the reappointment will take place. The board will review and consider such comments. This was added to the end of the section: This policy does not apply to appointments made to an elected Board vacancy that is done jointly between the Board of Selectmen and the Board that has a vacancy. Review new Flag Policy: Mr. Toale requested the policy apply to United States flags: 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-staft 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. Chapter 61/61A/61B Policy: MGL CHAPTER 61, 61A, 61B FIRST REFUSAL PROCEDURE I. PURPOSE: To serve as a guide outlining general steps to be followed when landowners in the Town of Lunenburg intend to transfer, convert, or sell their Chapter 61, 61A, or 61B land II. PROCEDURE: 1. NOTIFICATION REQUIREMENTS (per MGL C61, Sec. 8, C61A, Sec. 14, or C61B, Sec. 9): a. The landowner provides a Notice of Intent, by certified mail, to each of the following: the Board of ===PAGE 12=== 5. Location and acreage of land, shown on a map drawn at the same scale as the assessors' map. 2. TOWN COUNSEL REVIEW a. The Board of Selectmen's Office will immediately forward a copy of the Notice to Town Counsel for review. Town Counsel will notify the Board of Selectmen, within 15 working days, as to whether: i. The Notice is sufficient; ii. If sufficient whether the Town has a First Refusal Option; or ili. The Town does not have a First Refusal Option. In the event the Town does not have a First Refusal Right the Town Counsel will prepare an appropriate Waiver Form. 3. INSUFFICIENT NOTICE a. In the event the Notice does not contain all of the material and information, as required, the Town shall, within 30 days after receipt, notify the landowner, in writing, that the Notice is insufficient and does not comply. The landowner must resubmit the Notice with all required information and material to restart the process. 4. ONE HUNDRED AND TWENTY DAY PERIOD FOR TOWN TO EXERCISE RIGHT OF FIRST REFUSAL a. The day after sufficient notification is mailed to all appropriate parties, as shown by the certified mail receipt, begins the 120-day period for the town to consider whether to exercise its first refusal option or assign this right to a conservation organization. Note: If the notification from the landowner is insufficient and the Town has given notice of such insufficiency, within 30 days, the landowner must then resubmit his/her notification, re-starting the 120-day period S. TOWN ACTION: a. The Board of Selectmen's Office will coordinate the following activities: i. Confirms that Town Counsel has been provided a copy of Notice and has responded; ii. Confirms that the following Boards have received the required Notification: Conservation Commission, Planning Board and Board of Assessors. Advises said Boards to provide Board of Selectmen with any input not later than 30 days from the mailing of the Notification. ili. Notifies such other Town Boards and Commissions, as have requested notification, that said Notice has been received and provide a copy. Advises said Boards to provide Board of Selectmen with any input not later than 30 days from the mailing of the Notification. iv. Notifies at least one nonprofit conservation organization (i.e. North County Land Trust) that said Notice has been received and provide a copy. Advises said organization(s) to provide Board of Selectmen with any input not later than 30 days from the mailing of the Notification. v. Notifies the foregoing Boards and organizations, referenced in paragraphs ii., ili., and iv. above, in the event the Town has notified the Landowner that the Notice is insufficient. vi. Board of Selectmen - Schedules and organizes a meeting to discuss the First Refusal Option opportunity within two weeks from the end of the 30 day time period from the date of mailing of the Notification, unless an earlier meeting date is possible. At the meeting the Board of Selectmen will review all input received. ===PAGE 13=== the Board of Selectmen shall schedule a public hearing (giving public notice in accordance with the Open Meeting Law) regarding the Town exercising its First Refusal Option. (Note - the town cannot exercise its First Refusal Option without a public hearing.) It is advisable that the public hearing take place by the halfway point in the 120-day period, or earlier if possible, in order that issues such as associated contracts and identification of funding may be resolved before the 120 days expire. x. Board of Selectmen votes, after the Public Hearing (within the 120-day time frame), to do one of the following: 1. Exercise the First Refusal Option; 2. Assign the First Refusal Option to a qualified nonprofit conservation organization or agency; 3. Decline to exercise the First Refusal Option. 6. REQUIREMENTS FOR EACH OPTION: a. If option (a) is chosen: The Board of Selectmen must execute and record with the Northern Worcester County Registry of Deeds a Notice of Exercise, containing the name of the owner of record and a description of the premises adequate for identification, and send notice to the landowner by certified mail, accompanied by a proposed purchase and sale agreement to be consummated within 90 days, or such extended time as may be agreed upon by the parties. b. If option (b) is chosen: The Board of Selectmen must execute and record a Notice of Assignment, stating the name and address of the organization or agency which is expected to exercise the option and the terms and conditions of the assignment. If the land trust or agency elects to exercise the option, it must send notice to the landowner by certified mail, and record its Notice of Exercise, containing the name of the owner of record and description of the premises adequate for identification, plus propose a purchase and sale agreement to be consummated within 90 days, or such extended time as may be agreed upon by the parties. c. If option (c) is chosen: The Board of Selectmen should sign and deliver a Notice of Non- Exercise, containing: the name of the owner of record; a description of the premises adequate for identification; and a brief description of the terms contained in the original Notice, to the landowner, sending it by certified mail to the landowner's address as set forth in the Notice of Intent. Note: If neither the Notice of Exercise nor the Notice of Assignment is recorded within the 120-day period, or the Town gives Notice of Non-Exercise the Town's option expires and the landowner is free to sell, but only upon the original terms spelled out in the purchase and sale agreement that accompanied his/her original Notice of Intent. Discussion about the procedure ensued, particularly the Town Action section and the 30 day deadline by other entities. Suggestion was made to add at the beginning of vii, 'in the event the response from a Town board or committee is not received by the 25" day, the Board of Selectmen's office will contact the Town entity." Motion: REbersole 2nd: D. McQuaid To approve the following sections as amended tonight: Section 1.05 Standards of Conduct; Section 1.08 Meeting Procedures; Section 1.09 Agenda; Section 2.01 Access to Town Counsel; Section 2.02 Remote Participation; Section 2.07 Appointments; Section 4.19 Gasoline Storage-Storage of Inflammables; Section 5.04 Toll Booth/Boot Drive Policy; Section 5.05 Disturbances to Newly Paved Roads; Section 6.01 Boston Post Cane; Section 7.11 CORI Policy. Flag Policy, Chapter 61/61A/61B Policy Vote: All in Favor ===PAGE 14=== email from the MRPC Transportation Coordinator stating that Ayer, Harvard, Lunenburg and Shirley need to vote on the new representative and alternate for the MPO Subregion 3. The two candidates are Jamie Toale and Harvard Selectwoman Kara Minar. Notices have been sent to the respective Selectboards, Town Administrators and Planning Departments. Each community gets one vote that is submitted through an online poll due by August 315t. Motion: REbersole 2nd: D. McQuaid To confirm the designation of Jamie Toale as the MPO subregion 3 representative and the MPO alternate as Kara Minar Vote: All in Favor Council on Aging Contract with MART Ms. Lemieux reported legal counsel is reviewing the contract. There is one provision that she is waiting for review of under Termination. She requested to postpone this item until the September 4* meeting. Discussion and Vote on Special Town Meeting Date Mr. Toale referred the Board to the proposed calendar in the packet. Motion: R.Ebersole iscussion: Ms. Adams alad hath lan Opecial Town Meeting mode i was and town fine would be closed 2rd: D. McQuaid Vote: All in Favor Minutes/ Warrants/ Action File Issues The Board signed minutes of August 7, 2018. Committee Reports Ms. Luck reported the Storm Water Task Force is going to host the next meeting of the Central Mass Regional Stormwater Coalition's steering committee meeting at 10:00 a.m. on August 28 at the Public Library. She announced the School Department has launched their new website. Ms. Adams attended the Planning Board meeting and they were reviewing the earth removal bylaw. Department Reports- 4' Quarter Financial Report Finance Director Karen Brochu reported total budgeted revenues for Fiscal Year 2018 were 1.9% higher than our estimates, which translates into $746,058 and our overall expenditures were 1.7% lower than our original estimates. We had appropriation and assessment closeouts of $689,738. On the revenue side, our local receipt estimate was $527,353 than what we had estimated. We collected $207,186 more than estimated in motor vehicle excise taxes. On penalties and interest, we collected $135,040 more than the estimate. The bulk of that increase was due to aggressive tax lien collection on the Tax Collector's part because there was higher interest and penalties collected and we received $511,238 in tax lien revenue. As far as state aid, we received 98.4% or $137,375 less than the state aid estimate. The bulk of that decrease is our 40S (Smart Growth) reimbursement. We still haven't received that payment; we were told by the state that it is coming, but she has not seen it yet. On the expenditure side, we actually had $290,875 less in assessments less than the cherry sheet estimates. On the General Government side there were appropriation closeouts of $22,698; Public Safety appropriations there was a closeout of $86, 977; Education had a closeout of $50,302. For Health, Council on Aging and Veteran Services account, there was a closeout of $37,638 and the majority of that was a decrease in active claims for Veterans' ===PAGE 15=== The Board signed an accounts payable warrant in the amount of $123,479.62, a payroll warrant in the amount of $581,522.45 and a payroll deductions warrant in the amount of $403,258.47. There were no action file issues this evening. Mr. Toale reviewed the upcoming meeting schedule for September 4, 11, 18, 2018. We are working on the workshop schedule; the anticipation is we will be focusing on town buildings/facilities in our September PUBLIC COMMENT: there was none. Motion: R.Ebersole To adjourn the meeting The meeting adjourned at 9:58 p.m. Respectfully submitted, Elainem Peterson Elaine M. Peterson Executive Assistant to the Town Manager 2nd: D. McQuaid Vote: All in Favor RECEIVED & FILED SEP 1.2 2018 LUNENBURG TOWN CLERK OFFICE ======================================================================================== DOCUMENT : 2018-09-04-agenda-5118.txt BOARD : select-board DATE : 2018-09-04 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-09-04-agenda-5118.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09042018-5118 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN September 4, 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 PM Meeting with the IT Director re: New Website 7:15 PM Update from the Land Use Director on the status of the MS4 Phase II Permit 7:30 PM Weekday Entertainment License –Stillman Country Fair-Sept. 8, 2018, Raindate Sept. 15 IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Resignation of Building Commissioner Garry Rhodes Resignation of Truck Driver/Operator/Laborer Mike Roberts 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 Community Involvement and Public Outreach c. Increase Alignment with Committees Appointed by the Board of Selectmen 2. MART Contract; vote to be taken 3. Special Town Meeting: Opening and Closing of the Warrant Dates; vote to be taken 4. Discussion about Shady Point Campground relative to concerns raised about boat safety, noise, and compliance with ZBA Special Permit VII. CURRENT BUSINESS 1. Conveyance of 161 Gilchrest Street and acquisition of property at 171 Gilchrest Street (2018 ATM, Article 22); vote and sign declaration that acquisition of property is unique acquisition under MGL Chapter 30B and sign DCAMM Disclosure of Beneficial Interest Form 2. Discussion about project list for State funded earmarks 3. Discussion about holding Selectmen meetings in public buildings other than Town Hall 4. Drainage Easement for Matson Homes, Inc. 63 Prospect Street; vote and sign easement 5. Easements for Hickory Hills Lake Association for work to be done at the Hickory Hills Dam; vote and sign easements ===PAGE 2=== 6. Minutes/ Warrants/ Action File Issues 7. Committee Reports 8. Department Reports VIII. UPCOMING MEETING/EVENTS SCHEDULE September 11, 2018 (Town Facilities Workshop); September 18, 2018; October 2, 2018; STM November 13, 2018 IX. PUBLIC COMMENT  PUBLIC  BOARD X. ADJOURN ======================================================================================== DOCUMENT : 2018-09-04-minutes-5118.txt BOARD : select-board DATE : 2018-09-04 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-09-04-minutes-5118.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09042018-5118 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Board of Selectmen: Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Damon McQuaid, Clerk; Phyllis Luck, Member; Katey Adams, Member Also Present: Heather Lemieux, Town Manager; Adam Costa, Town Counsel, Land Use Director Adam Burney 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. Luck reminded all the Stillman Country Fair is this Saturday, September 8th at 991 Lancaster Avenue. She will be working a town committee volunteer booth along with Jack Rabbitt, Conservation Commission, and Matt Allison, Agricultural Commission and Planning Board member. They also will be talking about stormwater management. There will be compost bins, rainwater collection barrels and kitchen compost buckets for sale. Hannah Anderson, 780 West Street, related that her daughter had "gone missing" while at school on the first day of school for a brief time. It was later determined that her daughter was put on the school bus instead of being held to be picked up by her. She was upset at the lack of communication and protocol for when something like this happens. She did not want this to happen again to someone else. She would be going to the School Committee meeting to discuss as well. Ms. Lemieux will follow up with the Police Chief on radio frequencies needed for communication in Town. Rhonda Lisio, 181 Reservoir Road, commented on the Zoning Board of Appeals hearing concerning conveyance of land at Gilchrist Street. She wished she knew at Town Meeting what she knows now because her vote would have been different. Cathy Mosca, 2 Valley Road, stated she did not believe the Gilchrist Street land conveyance was in the best interest of the town residents. Evagrio Mosca, 2 Valley Road, expressed concerns about the land conveyance, citing distrust in Executive Sessions and traffic safety issues due to increased housing on the street. Jane Gallagher, 9 Valley Road, is a direct abutter to the Gilchrist property. She did not see what the benefit was of having two easements run parallel to essentially the same place. She asked the Board to et in the best ter i christ own , asked or lan fonside everyt has they ared since the ely inge eggy Proctor. Planning Board meeting to this decision today. Is what the builder/developer proposed to the abutters the same thing that was agreed on in Executive Session? Mr. Toale announced the Board will be discusing this property later tonight. The Conservation Commission has posted a meeting and they may participate in the discussion. Hopefully we will clear up some of the misconceptions around what Executive Session is and what impact if any, it has on open government as well as what is the difference between the Planning Board and Zoning Board of Appeals. ===PAGE 2=== Stay Connected?" brings you right to Facebook links to many Town departments. It allows you to sign up for online notifications and to subscribe to the Town YouTube channel, which has all the meetings that are recorded by the Public Access Cable Committee (PACC). We also have an email alerting function, which is at the bottom of the page. You can create your own account to choose various notification options for items such as minutes and agendas, news and announcements, job postings, requests for proposals or anytime new content is placed on the website. Ms. Luck asked how content is added and how often the calendar is updated. Malandrinos stated individual departments can update their webpage content and the new calendar is much improved over the previous one. The Board thanked him. Ms. Lemieux stated they would continue to improve on the website. She would like to survey residents on what kind of methods people want to use to communicate. 2. Update from the Land Use Director on the status of the MS4 Phase Il Permit Ms. Luck gave a brief description of storm water management enacted by the Environmental Protection Agency (EPA). Municipalities must file a MS4 Phase II permit, a general permit for storm water discharges from small municipal separate storm sewer systems, to request permission to discharge under the National Pollutant Discharge Elimination System (NDES). We are in the second phase of the permit and we need to file a Notice of Intent (NOI) on how we are going to manage storm water over the next 5 - 10 years. Land Use Director Adam Burney stated we are currently in year one, month three, of the 2018 MS4 Phase II permit issued by the EPA. The EPA essentially gives the Town a series of storm water management goals but they don't advise how to achieve them. The current permit is issued in a ten-year time frame and the NOI tells the EPA how we are going to meet the storm water management plan goals. A comprehensive storm water management plan will help determine the cost of doing so. The NOI lists the tasks and who is going to implement them. Our first annual report will be due on September 29, 2019. Ms. Luck stated some education outreach associated with the NOI will be done this weekend at the Stillman Country Fair. We will have an enviroscape showing pollution runoff. Mr. Ebersole asked if there is any movement to have the state take over the permitting process. Mr. Burney stated yes there is; the MA Dept. of Environmental Protection has been in discussion with the EPA through the writing of this permit. They were a cosigner of the issuance of the permit. By signing on to it they have taken some of the responsibility of it. There is a push to do it, but there is a need for significant staff increase as well as budgeting and specialization. He believed Massachusetts will take over the permitting. Mr. Ebersole wondered if there would be additional funding from the state because there's not going to be any from the federal government. Mr. Burney did not think so. Mr. Ebersole recommended the management plan costs be incorporated into the capital plan budget in case opportunities for funding any shovel ready projects arise. Mi. Burney stated that would part of the storm water management plan; which says here is what we are doing and what it costs. He noted the next time to check in with this Board will be around early January 2019. ===PAGE 3=== wir vllt seul tour alan wally ce ser das welt vorsils viele Nashoba Associated Board of Health and the food trucks are permitted Vote: All in Favor RESIGNATIONS Resignation of Building Commissioner Garry Rhodes effective September 13, 2018 Mr. Toale read Mr. Rhodes resignation letter aloud. Ms. Lemieux thanked Mr. Rhodes for his assistance to the Town when we could not find a Building Commissioner. He has been an asset while he was here as well as a mentor for our local Building Inspector. She noted the Town is posting the position internally. Ms. Luck noted how professional and knowledgeable Mr. Rhodes was. The Board took no action as Town Manager appoints to this position. Resignation of Truck Driver/Operator/Laborer Mike Roberts Mr. Toale noted this was for the Board's information only. TOWN MANAGER REPORT Update on the Summer Street Road Reconstruction Project: The contractor has added a second drainage crew this morning. They are progressing with drainage through the Lunenburg section of the project and the drainage in Fitchburg is complete. They are hoping to be able to reclaim the project from the Fitchburg end of the project to the Baker Brook Bridge this fall. This is dependent on getting approval of the mix design from MassDOT and the reclaiming subcontractor's schedule. Groundbreaking Ceremony for the Summer Street Road Reconstruction Project: The groundbreaking ceremony for the Summer Street Road Reconstruction Project will be Wednesday, September 12th at 3 p.m. and will be at Kelly Auto, 40 Summer Street, in Lunenburg, which is across from Donnelly's Pub. MA Department of Environmental Protection Recycling Dividends Program Award: The Town applies for and has received every year a grant under MA DEP's Recycling Dividends Program and this year was awarded $7,200. The Recycling Dividends Program provides payments to towns that have implemented specific programs and policies proven to maximize reuse, recycling and waste reduction. I want to thank our Executive Assistant Elaine Peterson and Tessa David of MassToss Cooperative for working together to apply for this grant and for the DPW for administering the purchase and resale of the rain barrels, compost bins, and kitchen compost buckets that are sold at the DPW as part of this program. (Rain barrels can be purchased for $56, compost bins for $43, or together they can be purchased for $80, and the kitchen compost buckets are $5.) Conceptual Design for Municipal Offices at the TC Passios: Paul Lieneck of Haynes, Lieneck & Smith will be presenting the initial conceptual design for municipal offices at the TC Passios at the September 11th Selectmen's meeting, prior to the Town Facilities Workshop portion of that meeting. Netflix Scouting for Houses in Area Towns: I was contacted and met with an Assistant Location Manager from Netflix that he is in town currently ===PAGE 4=== Transportation (MassDOT). The next step is to work on a project or projects to submit to MassDOT for up to $400,000 in construction project costs. This will be a future agenda item. Update from the Lunenburg Water District: The Lunenburg Water District Superintendent notified me that they are discussing with the Town of Lancaster the possibility of extending Lunenburg Water into Lancaster. They are looking into signing an intermunicipal agreement that would cover all aspects of this project. The Water Commissioners would like to involve the Selectmen in the process and have invited the Board to have a workshop meeting at one of their upcoming meetings to cover any concerns the Board may have. The Water Commissioners meet the second and fourth Wednesdays of the month. The Water District Superintendent also notified me that the Commissioners have a special meeting tomorrow night to appropriate money to build our new garage/office. This project will be funded using USDA money, which requires the funding for the entire estimated costs to be allocated prior to going to bid. The engineer put numbers in that are extremely high to make sure we had enough. They are not intending to raise water rates to pay for this project but will use the revenues they receive from the four cellular companies with their equipment on their water tanks and funds available when current loans will be paid off in the immediate future so as to pay for the project out of the current operating budget. If the Board has any questions on this project, our office will forward those along to the Superintendent. Department Head Updates: At our monthly department head meeting on August 28th we had two guest speakers, our Risk Management Representative from our insurance company and Pam MacLeod from the Executive Office of Elder Affairs. Our Risk Management Representative spoke about the MIlA's Risk Management Grant Program that covers safety training costs, safety equipment, and property loss items up to a grant award of $10,000. Chief Marino has submitted an application for $8,900 for Emergency Vehicle Operation Computer (EVOC) training for officers and I am looking to see what other items we need in order to request up to the $10,000. Our Risk Manager will be coming out at the end of the month to do a walk- through of two of our buildings for an audit from a risk management perspective and will identify items we should address. Also, due to the new OSHA requirements for cities/towns we asked to host an OSHA training for key staff and that will be held on November 1st COA Director Sue Doherty coordinated the special guest speaker from the Executive Office of Elder Affairs to come speak about becoming an Age Friendly/Dementia Friendly Community. The next step is to form a working group that consists of appropriate public officials, community groups, health organizations, and business association. Sue will be coming to the Board to discuss this in further detail at a future meeting to ask for the Board's support. Here are some highlights from the departmental update portion of our meeting: Cable: The cable department has completed rearranging their studio to make better use of the space, ordered some new equipment that was needed, and hired two new part-time videographers in June and another two will be starting shortly. An audio unit that was not working in the Town Hall meeting room has been replaced recently. They are working on a botany series and town public relation series ===PAGE 5=== Police: The Chief provided a handout on new legislation for Extreme Risk Protection Orders that allows a petition to be filed by a family, household member or Police Department where the respondent lives that would allow a judge to issue an order that suspends a person's license to possess or carry a gun if that person poses a risk of causing bodily injury to themselves or others. The Police Department is working on their accreditation and have recently purchased the ATV, two cruisers, and patrol boat that were part of the FY19 capital plan. Land Use Director: The Land Use Director reported that the Planning Board decided to ask for an extension of the moratorium on recreational marijuana at the Special Town Meeting and will be advertising a schedule of workshops that will discuss all the various recreational marijuana permitting. The Settler's Solar Special Permit hearing has been continued until September 10th due to some additional requirements that were not part of the original application. Library: The Library Summer Reading program and Project Bread are now complete and were both successful. Fire: The Fire Department advertised for the two new positions in June but due to the pay range did not have qualified Paramedics apply, so promoted two internal candidates to Full-Time Firefighter/EMT's. One of the new hires is currently enrolled in Paramedic training at Mount Wachusett Community College and will complete the program in early FY2020. The Fire Chief has ordered the Ladder Truck off the State Bid Vendor and it is expected to be complete by the end of the fiscal year or very beginning of the next fiscal year. Meetings and other announcements: • Personnel Committee Meeting: I will be attending the Personnel Committee meeting on Monday, September 10th • Finance Committee Meeting: I will be attending the Finance Committee meeting on Thursday, September 13th Ms. Luck asked if the extension for the marijuana moratorium is voted down at the Special Town Meeting, what will happen? Mr. Burney stated if it is voted down, then marijuana businesses would be permitted under the most closely associated permitted use that we currently have in our zoning bylaws. The moratorium does not outright prohibit it in the long term. The Planning Board would like to take a bifurcated approach where they offer the community an opportunity to vote on prohibition while presenting thoughtful and reasonable regulations for some or all of the proposed marijuana businesses. In order to do the ballot vote, it needs to be on a local ballot; the Town is unable to do that without holding a special election. The Planning Board felt that it would be inappropriate to try to hold a special election for five or six ballot questions. They would use the extension to solicit local feedback on marijuana regulations and would not incur additional costs or confusion holding a special election. The current moratorium ends December 1st. Mr. Ebersole asked if the moratorium was voted down, could it be treated similar to a retail alcohol licensed store, as far as location? Mr. Burney stated it was up for interpretation. ===PAGE 6=== NIMALAVA c. Increase Alignment with Committees Appointed by the Board of Selectmen 2. Montachusett Regional Transit Authority (MART) Contract Ms. Lemieux stated this was drafted by MART based on feedback from all the towns in the consortium. It was reviewed by legal counsel and the COA Director. One major component was reimbursement for dispatching for the MART van services. We are satisfied with the final result and she recommended the Board sign the contract. Mr. Ebersole noted the contract covers the expenses for the vehicle and the driver as well as some indirect costs. Motion: R. Ebersole 2nd: D. MeQuaid To approve the contract with MART and authorize the Chairman to sign it Vote: All in Favor 3. Special Town Meeting: Opening and Closing of the Warrant Dates Ms. Lemieux noted the Board did vote on the Special Town Meeting date and calendar but she wanted to remind the public of the opening and closing dates for submission of the warrant articles. Mr. Toale read the following aloud: Tuesday 09/18/18 09/24/18 09/28/18 Tuesday Tuesday 10/09/18 10/10/18 10/11/18 10/16/18 BOS opens Warrant for STM Warrant Notice Sent to Ledger Warrant Notice in Local paper (5 business days before warrant closes) Warrant closed for STM at 6:00 PM Legal counsel review Finance Committee Review BOS Final votes on Warrant Articles & Signs 5 Warrants for Posting Wednesday 10/17/18 Monday Wednesday 10/29/18 10/31/18 Final Warrant goes to printer (2 weeks in advance of mailing) Warrant to Post Office Warrant Mailed to Residents (14 days before STM) Prepare Motion Sheet- Town Counsel to review Motions ===PAGE 7=== 4. Discussion about Shady Point Campground relative to concerns raised about boat safety, noise, and compliance with ZBA Special Permit Mr. Burney reported the last time we discussed this, the Building Inspector and my department were in the process of continuing our investigation of a 2001 Special Permit that was granted by the Zoning Board of Appeals (ZBA) with several conditions including campsite and boat limits and occupancy. During the investigation and discussions with the campsite owner, it has come to our attention that the Special Permit was never recorded at the Registry of Deeds. Therefore the owners are not subject to the conditions of the Special Permit. They continue to operate as a pre-existing, non-conforming use. From an enforcement perspective through zoning, there is very little to be done. They are exempt from all the zoning bylaws going back to the inception of zoning since they predate it. Zoning is not a retroactive application. There may be some ability to enforce the boat safety concerns through the Police Department. Mr. Toale asked if a general bylaw such as a noise ordinance was enacted now, would they be subject to it? Mr. Burney stated yes. CURRENT BUSINESS 1. Conveyance of 161 Gilchrest Street and acquisition of property at 171 Gilchrest Street (2018 ATM, Article 22); vote and sign declaration that acquisition of property is unique acquisition under MGL Chapter 30B and sign DCAMM Disclosure of Beneficial Interest Form Mr. Toale announced there was a quorum of the Conservation Commission present and asked if they would like to call their meeting to order. Conservation Commission Chairman Richard Bursch called their meeting to order. Mr. Toale stated there was a May 2018 Annual Town Meeting article (#22) passed that authorized the Board of Selectmen to convey the property located at 161 Gilchrist Street, and to acquire, other property located at 171 Gilchrist Street for the purpose of conservation land and in order to gain meaningful access to the Lane Conservation Property. This has led to a process of events that include unique acquisition under MGL Chapter 30B and Division of Capital Asset Management and Maintenance (DCAMM) disclosures if beneficial interest that would eventuallly lead to a purchase and sale agreement. During that process, the Board entered Executive Session for the purpose of discussing our negotiating strategy prior to those two events. It was deemed necessary by myself and voted by the Board that it was to protect our negotiating position and as a result we did do that. We instructed Town counsel to negotiate given some parameters. Those minutes will be released once we approve them. Lunenburg's Town counsel discussed those items with the landowner's attorney and came to an agreement on the terms. Now we are moving forward in the process in open meeting. Tonight we are going to talk about the next steps. Mr. Ebersole wanted to correct an earlier comment made by a resident about a Planning Board meeting, stating it actually was the Zoning Board of Appeals who did not approve a particular application submitted by the property owner/developer. Once that was over, what came before the Board of Selectmen was a different plan. One of the things we discussed in Executive Session was our negotiating ===PAGE 8=== Mr. McQuaid disagreed with everything Ms. Adams just said. He believed Mr. Ebersole did a good job explaining why we negotiated in Executive Session (to protect our negotiating stance). We did not make any decisions; it was all negotiations strategy based on the Town meeting article that was approved by the Town; that gave us direction how we would negotiate and how we wanted to deal with the land swap. It was not a discussion on whether we want to do it or not. You could not have more eyes on this than you did at Annual Town meeting, and we are acting on the direction we are given. We are going on the endorsement of the Conservation Commission, who happen to be good stewards of our conservation land. Mr. Ebersole stated one of the things that we can actually talk about is why I supported going into Executive Session because I was talking about negotiating. I did not know what we were going to negotiate until we got into the meeting, other than what was given to us (pros and cons) during public comment in the open session. So the current access which is going to be deeded away is being replaced by an easement. But in addition to that we are receiving 2.3 acres of land in fee that comes to the Town adjacent to the Lane Property. In addition, roughly 5 acres will be under permanent conservation easement restriction where there is a trail currently going through that. I believe we are getting a good deal after going through the negotiation process and we are not just swapping one land for another. He believed they followed the requirements of the Open Meeting Law and when we went into the negotitaion process that he believed they accepted, we got a good deal. More discussion ensued about the land conveyance and the size of the lands being exchanged. Ms. Luck asked for clarification of the exchanged land. Mr. Ebersole stated about 30,000 square feet of Town land for 2.3 acres and additional land going into conservation restriction totalling about 5 acres. Mr. Toale stated while he appreciated Ms. Adams' opinion, we did have Town Counsel with us the night we went into Executive Session and he provided a legal opinion that to vote to enter Executive Session was appropriate. Mr. Toale noted the original proposal made to the Town through Article 22 was sponsored by the Conservation Commission. They unanimously support the current position and they have sent a letter of support and they are here this evening. Conservation Chair Richard Bursch stated they reviewed the proposal that is before us as well as the previous one. If we do nothing there is currently a plan that will allow for five new homes that can be built within the current zoning by-laws, one or several new landowners will own the current trail and access to the Lane Property and the access to the Lane Property will be in jeopardy. Should the trail be closed, a new trail would need to be developed along the currently owned 20-foot strip of town land as there is no access today. This new trail would require clearing and land work to cross the current wetland system. If nothing is done, the new owners can convert this property and clear it for agricultural uses. This activity would be exempt from Conservation Commission approval. Under the Massachusetts Zoning Enabling Act of 2010, only 2 acres are required for agricultural exemptions. The seven acres, Mulpus Brook and the wetland system draining into the brook would be vulnerable to new development. ===PAGE 9=== by the general public. The use of this access and trail would be for pedestrian or bicycle traffic only. Without a parking area, the use of this trail by ATVs and snowmobiles is generally done without permission and by local residents. The Conservation Commission is working with the Lunenburg Police Department to patrol the lands to stop this non-permitted use of the trails. The trail will be marked, "No motorized vehicles allowed." The easements will be exclusive use easements to the Town and the land would have a conservation restriction placed upon it that the Town would hold. The conservation restriction is permanent and cannot be easily removed. Another issue we discussed is the uniqueness of the land. A twenty-foot strip of land does not protect the Mulpus Brook, wetlands or wildlife. Brook trout in the Mulpus have a unique DNA code, they are not found anywhere else on earth. This is a well-used piece of property. We put out a counter out there on the property line of the Lane Property and in 19 days there were 123 separate groups that passed by it. Mr. Toale asked Chair Bursch if it was true the Conservation Commission supports the land conveyance? Bursch confirmed the vote in favor was 7- 0, unanimous. Ms. Adams stated she hiked the area twice and the swamp is not even that deep. She hiked with a large group and they passed through fairly easy. Neither path is groomed, but could be. The area is right across the street from The Woodlands and is easy access for those residents. She believed by conveying the land and adding more 2 more house lots, it would affect the Mulpus more. Mr. Ebersole stated one of the negotiation points that we directed Town counsel to talk to the landowner about was that they clear the 15 foot path to the standards of the Conservation Commission so that there would be public access and they agreed to that. Mr. McQuaid noted the discussion was rehashing a lot of the conversation that occurred at Town Meeting when this was approved. He did not want the Board members to override what the 100+ people who were there decided. He believed the Conservation Commission has the best lens for looking at the situation. Mr. Toale stated he agreed with him but because there has been a lot of misinformation on this topic and because a lot of people came out tonight he was going to allow a few minutes. He asked those speaking not to cover ground that we have already covered. Jane Gallagher pointed out the couple of acres that run along the Mulpus are wetlands, so presumably would not be able to be developed anyways. She had to allow for a 200-foot flood zone when she built her house so she would imagine that would be the case here. She believed any path could be made passable. Peggy Proctor asked about the process of arriving at tonight's agenda item. Mr. Toale stated Town meeting gave the Board authority to proceed with the conveyance. We entered Executive Session on August 14th to discuss negotiation strategy. As part of due process, once we have an agreement to look at, we have some procurement steps to go through, which we will go through later. Mr. Ebersole clarified the landowner/developer was asking for a change to the bylaw to the ZBA and they said no. So the developer presented a different plan which is what we have now. Ken Chenis, 715 Page St., stated his primary concern is giving up owned land that we have the right to ===PAGE 10=== Tom Alonzo, 284 Lancaster Avenue, reviewed the Town Meeting video and everything talked about here was discussed. Town meeting voted on it unanimously, twice. They authorized the Board to make decisions. He did want to comment on someone thinking that anyone would be a good steward of the land because they abut the brook. When he was on the Board, we had an owner who went through their own wetlands, through the Town's wetlands and conservation land and totally destroyed it. We had to pay thousands of dollars to repair it, so people aren't necessarily good stewards of their own property. Getting a deeded conservation restriction certainly has better enforcement capabilities. Evagrio Mosca expressed disappointment after reading the minutes from a couple of weeks ago, that the Board did not trust the townspeople to hold this discussion earlier in open session. Hans Wentrup, 418 New W. Townsend Road, asked what happens if you do nothing. No one is going to touch the wetlands. He believed it was up to the Board to look at this and ask if this makes sense for the Town. Mr. Toale stated in response to Mr. Mosca's comment; I certainly trust the citizens of this town. I work for the citizens of this town and it troubles me that people don't understand what I am saying. When we went into Executive Session, it was not to keep anything from our citizens. We were doing it because we have some negotiation criteria, that is the purpose of Executive Session. The beneficial interest is the beneficial interest of our negotiation. Jack Rabbitt, Conservation Commission member, 314 Townsend Harbor Road, shared some of the. deliberations that went on with regards to our unanimous approval. There is a hydrologic connection from the other five acres that is feeding the brook and we look at it as maintaining the essence of the cold water creek. In a similar incident within Hickory Hills, there was a similar property that Hickory Hills Landowners had agreed to purchase just to protect that hydrologic connection. It was nearly unanimous out of approximately 200 landowners that showed up at the meeting. At the same time at Town meeting, the voters unanimously agreed to protect that connection. Protecting that area is paramount to protecting that extra five acres of land that will continually clean that water and provide a good strong basin of water delivered to it. Ms. Lemieux summarized the end result of what was discussed in Executive Session; 2.3 acres that the Town would acquire, approximately a 5-acre conservation restriction with a twenty-foot permanent exclusive use easement where the trail exists. The seller did agree to clear that permanent easement where the trail exists and the permanent easement along Valley Road. Ms. Lemieux clarified this is not a land swap. It is two separate processes, acquisition and disposition of property as well as two separate purchase and sales agreements. For the acquisition portion of 171 Gilchrist Street, the published notice must include termination of uniqueness and reasons for the determination, the names of the parties with the beneficial interest in the property, the location and size of the property and the proposed purchase price or rental term. This is per procurement law. The disclosure would be signed by the seller. She referred the Board to the suggested wording from Town counsel. Motion: R. Ebersole 2nd: D. McQuaid ===PAGE 11=== ....... Discussion: Ms. Lemieux noted this is for the acquisition of that portion of land on 171 Gilchrist Street and it needs to be advertised in the Central Register for 30 days before the Board can sign a purchase and sale agreement. Further discussion on ownership of the property ensued. Mr. Ebersole stated the Mr can sign purchase purchase and sale agreement will have the Town's name and the landowner's name (Scozik). It was explained this is not the final step; this is advertised in good faith that we will eventually sign the purchase and sale agreement and deed. Ms. Lemieux added developer Kevin Hill in good faith, depending on these dates, is planning on filing an ANR (Approval Not Required) with the Planning Board. Vote: 4 in favor, 1 against (Adams) 2. Discussion about Project List for State Funded Earmarks Ms. Luck asked what categories we should be considering. Ms. Lemieux stated the ones that came up this year were economic development, capital facilities and environmental. Ms. Luck would like to see shade provided for beachgoers at the Town beach. Mi. Ebersole thought that might fall under recreational. Mr. Ebersole stated some of these things would be in the capital budget process and some may not be. This is an opportunity to have shovel ready capital items but we also want to have a list of other creative things that might not make it through the capital planning process. Discussion ensued about having a wish list for things in case of grant opportunities arising that will probably never make it through capital planning. This item will be a future workshop. 3. Discussion about holding Selectmen meetings in Public Buildings other than Town Hall Ms. Adams noted this building only has a chair lift, the bathroom on the second floor is not ADA compliant and the front entrance is not accessible. We have held workshops at the Middle/High School and they have collaborative classrooms available. There is also space available in Eagle House Senior Center and the Public Library. They are ADA compliant buildings. Mr. McQuaid asked Ms. Adams if she was suggesting moving the Selectmen meetings or all meetings. She encouraged all meetings to be in an accessible location. Certainly the most attended ones could be looked at first. Mr. McQuaid noted that this meeting room is set up as a studio. While we have the ability to broadcast from the school, it is not set up as a studio. We don't have the multiple camera points or the sound system. PACC would have to haul equipment to each one of those locations. You lose production value in that and add workload to them. He wanted to make sure this is not a "patch." He wanted a real long- term solution and to not lose sight of the real goal, which is a permanent accessible Town Hall that is a meeting space, but also office space where people can go to everyone they need to see. Mr. Toale stated public access includes all municipal functions, not just meetings. We have to think about people who are coming for permits, licenses, etc. We do have a plan and it is to pursue a move of municipal offices to the T.C. Passios. We are going to hear a conceptual design at next week's workshop. He preferred to keep a high priority on that plan. We could phase that plan in if we agree to and in the first phase ensure that PACC and meeting spaces are in it. The quality of the television broadcast is also a major consideration for those unable to attend the meeting, like the disabled. If we go ===PAGE 12=== ALava. 11. Mr. McQuaid pointed out it is not our building to make the decision, it's the school's. Further discussion ensued. Ms. Lemieux noted we do have a handicapped-access ramp for this building; it was identified that it needs one more handrail. The bathrooms on the first floor are ADA compliant. The second floor bathroom will be renovated because it is in very poor condition. After some more discussion, the Board took no action. 4. Drainage Easement for Matson Homes, Inc. 63 Prospect Street; vote and sign easement This item was tabled until the September 18* meeting due to Town counsel wanting to amend some language. Mr. Ebersole noted it actually is an easement for the Town. 5. Easements for Hickory Hills Lake Association for work to be done at the Hickory Hills Dam; vote and sign easements Mr. Toale noted we discussed this at previous meetings and the fact that some of us live in Hickory Hills, and the potential for conflict of interest. I personally do not have any beneficial interest. Mr. McQuaid stated he did not either. John Fortune, 50 Hemlock Drive, representative for Hickory Hills Landowners, Inc., stated we have worked with Town counsel on the wording and provided all the documentation. Our attorney has reviewed it. Mr. Ebersole noted this is what Town meeting approved. You gave a presentation here and at Town meeting. The easement is to provide access onto Town property so you can access and install the (dam) overtopping protection on your lake property as well as the Town's and you have the right to install it and maintain or repair it in the future, at your own cost. Motion: R. Ebersole 2nd: P. Luck To sign the grant of casement as submitted Discussion: Ms. Adams stated she is a property owner in Hickory Hills and she did not believe she has any beneficial interest. Vote: All in Favor 6. Minutes/ Warrants/ Action File Issues There were no minutes for approval. The Board signed an accounts payable warrant in the amount of $382,552.40; a payroll warrant in the amount of $757,462.80 and a deductions warrant in the amount of $582,961.95 Action Items: Ms. Luck requested Town Counsel review the Skate Park Committee's in-kind services/donation contracts. The Board concurred. Mr. Toale stated he was elected as the MPO subregion 3 representative and needs to list a designee. If it pleases the Board, he wanted to list either Ms. Lemieux or the DPW Director to be the designee. The Board concurred. ===PAGE 13=== PUBLIC COMMENT: There was none at this time. Motion: R.Ebersole To adjourn the meeting 2nd: D.McQuaid Vote: All in Favor The meeting adjourned at 10:09 p.m. Respectfully submitted, Elaine M. Petason Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2018-09-11-agenda-5119.txt BOARD : select-board DATE : 2018-09-11 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-09-11-agenda-5119.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09112018-5119 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN September 11, 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 PM Presentation of Initial Conceptual Design for consolidated municipal offices at the TC Passios Building by Paul Lieneck of Haynes, Lieneck & Smith III. TOWN MANAGER REPORT IV. OLD BUSINESS 1. Board of Selectmen Goals Goal #1: Town Assets a. Present & Future Maintenance & Capital Replacement of All Town Assets b. 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 V. TOWN FACILITIES WORKSHOP VI. CURRENT BUSINESS 1. Minutes/ Warrants/ Action File Issues 2. Executive Session Minutes for Release  May 22, 2018 (161 Gilchrest Street, Assessor’s Map 31, Parcel 10 and 171 Gilchrest Street, Assessor’s Map 31, Parcel 11)  August 14, 2018 (161 Gilchrest Street, Assessor’s Map 31, Parcel 10 and 171 Gilchrest Street, Assessor’s Map 31, Parcel 11) 3. Committee Reports VII. UPCOMING MEETING/EVENTS SCHEDULE September 18, 2018 October 2, 9, 16, 23, 2018 STM November 13, 2018 VIII. PUBLIC COMMENT  PUBLIC  BOARD IX. ADJOURN ======================================================================================== DOCUMENT : 2018-09-11-minutes-5119.txt BOARD : select-board DATE : 2018-09-11 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-09-11-minutes-5119.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09112018-5119 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Board of Selectmen: Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Damon McQuaid, Clerk; Phyllis Luck, Member; Katey Adams, Member Also Present: Heather Lemieux, Town Manager; Adam Costa, Town Counsel, Land Use Director Adam Burney The meeting opened at 7:00 p.m. with the Pledge of Allegiance. Mr. Toale asked for a moment of silence and reflection in recognition of the events of September 11, 2001. 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 stated a resident had inquired if people could submit other photos for the new town website. Ms. Luck thanked everyone who attended the Stillman Country Fair as well as the volunteers who made it a success. The Town booth sold thirteen kitchen compost buckets that day as well as educated about stormwater and volunteering for the Town. Senator Dean Tran gave an update on the earmarks that were submitted through the state legislature. Formal sessions ended in July. Under the Fiscal Year "19 Budget, we were able to secure the Turkey Hill Elementary School asbestos removal funding in the amount of $130,000. Senator Tran stated he is going to work on getting that funding awarded before the end of this calendar year. Under the Capital Facility Bond Bill we were able to secure the following projects; $25,000 for HVAC repairs at Eagle House Senior Community Center; $27,000 for the handicapped ramp at Town Hall; $65,000 for the Public Works building renovations; $40,000 for the Public Library LED lighting and $40,000 for the Feasibility/Cost Estimation Study to demolish the Old Primary School building and design for future use. Under the Economic Development Bond Bill, $450,000 to revitalize the facades and streetscapes thorough downtown, $300,000 to redevelop the abandoned gas station at 925 Massachusetts Avenue and $250,000 for developing a community service kitchen for business owners to use. Ms. Luck asked Senator Tran if we decide not to spend the money on one of them, can we use it elsewhere? Senator Tran stated no, the criteria are specific and stringent for each of these financial bills. He noted whan the Town advocates for funds to be released you have to have a plan in place. Mr. McQuaid thanked Senator Tran for working for the funding for the Town adding it is a huge help and a weight off our shoulders. Senator Tran stated it was a privilege for him to work for the Town and with Ms. Lemieux. The Board thanked Senator Tran. Brian Rossi, 715 Northfield Road, spoke about illegal dumping at the donation box area at the Lunenburg Crossing shopping plaza located off of Mass. Ave. He reached out to the company who owns the donation boxes and they agreed to pick up more often but the dumping has since increased. He also ===PAGE 2=== Mr. Toale announced the Eagle House Supporters are holding an Old fashioned Han and Bean supper on Saturday, October 20# from 4 - 7 p.m. The cost is $8.00 for adults and $5.00 for children. Proceeds will benefit programs at the Eagle House Senior Community Center. Presentation of Initial Conceptual Design for Consolidated Municipal Offices at the TC Passios Building Paul Lieneck of Haynes, Leneck & Smith reported lappe Associates had previously done a town building assessment and space needs study. One of the buildings was the T.C. Passios and one option presented was to demolish part of the building. Since then we were given an expanded program from 13,000 to 19,000 square feet that could be used in the building. We were trying to see if that size change fit and if we could use the whole building so the town could retain it as an asset. He presented a conceptual plan with the west wing consisting of ten classrooms for municipal offices. The rooms are each about 975 square feet. Each classroom has an exterior door that he recommended be removed and either a window or solid panel would be put in. Currently the interior classroom doors aren't handicapped-accessible, but that can be remedied fairly easy. The front section of the building would be a community area. The former cafeteria would become a hearing room and the former gymnasium would be for multi-purpose community use. The kitchen would be retained for a commercial kitchen; it is in good condition and is an asset that is hard to come by. The wing in the back of the community space has six unassigned classrooms off to the right. Doors can be placed to separate that area from the rest of the building. The remaining space has cable access space, information technology offices and school district office space. This still leaves about 5,000 - 6,000 square feet of extra space. This has the potential to become income generating space. Regarding the site, there is a driveway that comes off Massachusetts Avenue and goes back to the schools on the right side of the building. There is some existing parking that has 31 spaces. There is another parking lot off the access drive that is for overflow parking and is approximately the same size as the other one. We propose to put a loop road around the building that starts off the access road on the right and rejoins it on the road that connects it to the front of the building. We could extend some parking areas off the loop road for different access points to the building. This plan proposes 107 spaces for a total of 138. If you had a large hearing, you would probably be using the Library for overflow parking depending on the time of day. No costs estimates have been determined yet. Discussion ensued about the plan, future municipal needs and possibly demolishing part of the building. Ms. Lemieux moved on to her report as it relates to tonight's agenda items. Requests for Use of Space at the TC Passios Building: We have received requests from different organizations to use space at the T C Passios Building. Shapiro Educational and Behavioral Consultants (https://sebc.vpweb.com/), a consulting group that offers support to children and young adults with autism, has inquired about renting up to 15 classrooms at the T C Passios Building for a two-year period. We have also been approached by the Director of the Revolving Museum (http://therevolvingmuseum.org) about using space at the TC Passios for a two-year period for artistic community programs that would provide in-kind art projects in exchange for use of ===PAGE 3=== Museum would theoretically be a community based venture that would promote the arts in Lunenburg, provide a supplementary art program that school age children could participate in with professional artists and create an attraction in Lunenburg that will draw in visitors, if it were similar to the World's Largest Paper Airplane done in Fitchburg by the Revolving Museum this year. I have met with School Superintendent Burnham and School Facilities Director John Londa to address any logistics or concerns with the potential users of space at the T C Passios and Superintendent Burnham has provided a list of items that users of the space would need to comply with such as all affiliated parties passing a CORI check, compliance with all fire code and a log of all visitors. I will continue to collaborate with the Superintendent and the School Facilities Director on any additional use of space at the T C Passios as we share space at that building and both Town and school concerns need to be addressed. Ms. Lemieux introduced Jerry Beck of The Revolving Museum to provide a brief overview of what they had in mind. Mr. Beck stated they were founded in 1984 with 12 abandoned railroad cars in Boston. We transformed those sites and it brought in a lot of new development. For about 15 years we were the largest presenters of youth art and artists' art in Boston. We were recruited by Lowell and we created a renaissance there. A lot of our work is just inviting everyone to participate creatively in the redevelopment of the city. We then went to Fitchburg and over the last three years we have worked with 5000 kids, over 1000 artists and 3,000+ community members. We continually work with all surrounding towns in New England. We are interested in looking for new space in this community. We encourage ownership of the projects. We thought this might be a great opportunity. Town Facilities Workshop Ms. Lemieux presented the following: Discussion Topics • Summary of Town Facilities Discussion to date • Overall effect of maintenance/repair of old Primary School, TC Passios, Brooks House, Town Hall and Ritter Memorial Building on operating budget and Capital Plan • Maintenance/Repairs in FY19 Operating Budget and other Grant Funds for Maintenance/Repairs • Annual Operating Costs of Five Buildings • TC Passios Building: Town, School, Community Uses • Next Steps to continue moving forward on Town Offices at the TC Passios Building • Long Term Plan for re-use of the old Primary School, Brooks House, Town Hall, and Ritter Memorial Building? Timeline of Discussion on Town Facilities • After the Building Reuse Committee disbanded, the Board of Selectmen made it one of their goals to look at use and re-use of the five town buildings and have held various workshops, public forums, and ===PAGE 4=== o December 1, 201/ Public Forum on lown racilities at Mis/Hs o February 5, 2018 Public Forum on Town Facilities at Eagle House o February 13, 2018 Presentation by Vertex on the Property Condition Assessments for Town Hall, Ritter, Passios and old Primary o Various meetings in March and April discussed 2018 ATM warrant articles related to facilities o May 1, 2018 Workshop on Town Facilities o May 5, 2018 Annual Town Meeting: Article 20 (Brooks) and Article 24 (old Primary) defeated Five Year Costs for Five Buildings Maintenance/Repairs Identified in Vertex Property Condition Assessments Immediate FY 20 FY21 FY22 FY23 FY24 Town Hall $40,159 $6,448 $125,442 Ritter $166,148 $6,448 $6,448 $0 $132,377 $58,118 $0 $72,177 $2,895 Brooks $209,641 $137,990 $0 Old Primary $1,100,801 $0 $4,332 $0 $0 $0 $24,340 $770,855 $3,963 TC Passios $793,086 $1,515,995 $656,881 $2,309,835 $2,563,665 $389,614$151,002 $154,886 $840,441 $400,394 $229,627 $186,084 Totals $184,945 $431,715 $376,303 $1,875,619 $3,661,464 $6,530,046 Ms. Lemieux pointed out that out of the $184,945 for Town Hall, $32,575 is currently budgeted in the Fiscal 19 budget either through the operating budget or an earmark in the Capital Facilities Bond Bill. $34,710 will be paid out of the Green Communities grant to replace condensing boilers in the Ritter Building. So that is a reduction of the above costs. Other items earmarked in the budget or through grant funding: Maintenance/Repairs in Budget/Grants • Town Hall Chimney Repair (Article 14, 2013 ATM) $5,575 • Town Hall 2nd floor restroom in FY19 budget - $9,000 • Town Hall Handicap Ramp in Capital Facilities Bond Bill - $27,000 • Old Primary School Asbestos Abatement Test and Feasibility Study for Re-use in Capital Facilities Bond Bill- $40,000 • Turkey Hill Asbestos Abatement Earmark -$130,000 to be re-appropriated to other capital projects (in the state budget) • Ritter Memorial Condensing Boilers-$34,710 received in Green Communities Funding to be down in FY19 ~ Town Facilities-additional $40,000 in FY19 operating budget to address deferred maintenance projects in Town buildings ===PAGE 5=== Town Hall Ritter Brooks Old Primary TC Passios $50,863.25 $25,957.87 $4,778.30 $1,348.97 $65,500.57 $37,209.66 $0.00 $4,750.00 $0.00 $86,435.56 $13,653.59 $25,957.87 $28.30 $1,348.97 -$20,934.99 Uses for the TC Passios • Town Offices: Consolidate all offices currently in the Town Hall, Ritter Memorial, PACC, and Veterans Office currently at Eagle House and records storage • School Central Offices: Superintendent's offices, IT offices, Food Service, Special Services, Facilities Director, School Linked Services, and ACE Program, records storage • Community Use: Gymnasium used by various community groups and Kitchen could be rented/leased for commercial purposes to subsidize operating expenses • Extra Rooms: Possible expansion in the future of needed office space or rental to a complimentary municipal/school purpose such as Boys and Girls Club, educational support services agency, etc. Next Steps for Consolidating Town Offices, School Central Offices & Community Space 1. Finalize conceptual design 2. Ask voters at STM for funding to do complete design/specifications for offices at T C Passios 3. Select Designer 4. Form Building Committee 5. Building Committee work with designer to come up with final designs, create specifications, and ultimately detailed construction cost estimate 6. Present plans to multiple focus groups 7. Ask voters at a town meeting to fund construction costs Long Term Plan • Old Primary School • Brooks House ===PAGE 6=== we fund the demolition of Passios we have 8t acres of land for future school use. Mr. McQuaid stated the Building Reuse Committee and the Board of Selectmen has talked with the School Committee and the School Facilities Director; neither has concern about the future use of Turkey Hill Elementary or their space needs. Through our studies and working with Tappe, who designed our current high school, if you have to build a new school building, you build the school on the fields and demolish the old building and put the fields there. It's been addressed, we asked the questions of the people who are capable of giving us an analysis and the reason why we don't keep bringing it up is because they have said unequivocally they are not worried about the space for their use. Mr. Ebersole stated we talked about giving the new Superintendent some time in her position before we talked about the school budget as well as their capital needs. We talked about Turkey Hill being renovated in about ten years. We have been doing a lot of the work every year with the asbestos abatement, so the renovation at that time won't be as expensive because we will have already spent a lot of that money. The fact that it is not on the list doesn't mean it is not considered, but it is not an immediate concern with the understanding that we are looking at a conceptual plan of a reuse. I believe we still need to continue working on the rest of the buildings. The fact that we've talked about the initial proposal to sell all the properties is not off the table because the Town could still vote to sell some of the properties. The realistic part is that we are looking at continually controlling them either through a lease or the ownership process of those properties. Mr. Toale noted the Five Year Costs for Five Buildings chart that we are looking at is the Vertex study/assessment of what it would cost if nothing was done to keep them up and running. We have already discussed that many of them are underutilized. Our plan currently is to consolidate into one building which would change from maintaining what exists now to constructing a new use and those costs would be built into the construction of the new use. We would be looking for other opportunities like the art project, the Boys and Girls Club and going out to bid for other uses and we would assess each of them against their own financial model. You would not need to put out the cost projected by Vertex unless you were going to use it for the same use. Mr. Ebersole asked what is the action item that we need to move forward for continued work on the conceptual plan so we have something to bring to Town Meeting so they can provide feedback. Mr. Lemieux stated you can accept Haynes, Leineck & Smith's proposal tonight and the architect can go forward and design the space within those spaces. Mr. Ebersole stated he was prepared to make a motion to get to that part with the understanding of various comments that people made concerning not necessarily staying in line with the walls if a department does not need that space; to look at options of off-site record storage so there is the option of possible demolition of a wing if we don't really need it. Also, discussion with the school about whether students should be in the school; I'm concerned if we have public meetings in the school we are going to have CORI issues. He was concerned with mixing uses and with the Town becoming a landlord on a long term basis. Mr. Toale added we need to discuss short term cost versus long term usage, understanding that we have to put it out to bid for competitive bidders. We have three entities that have expressed interest in the space at T C Passios and two are looking for two year commitments or longer. That could inhibit our ===PAGE 7=== are going to build the lown Hall, we should bulld it with all due speed and not to just do it rough shod. Ms. Luck felt the Town would be safe to rent to someone for two years when you consider all of the steps that we have to go through before we are able to start construction. It would be nice if they could present one design leaving the unassigned space and another removing it. Mr. Ebersole suggested adding a third design that would get rid of record storage and the entire back wing. Motion: K. Adams 2nd: P. Luck That we offer more than one conceptual Town Hall plan for the Town to consider and take a more bifurcated approach Discussion: Mr. McQuaid believed this would set them back another year in order to get more funding for more designs. Ms. Adams stated some components of this popped up at previous town meetings and was voted down, she would be willing to give it a year. If we bring these things forward and they are voted no, we are wasting that same year. Mr. Ebersole was not in favor of this motion. Mr. Toale believed they have investigated this and brought several concepts forward and been asked with support to get more data. He believed we have gotten enough data at this point for this particular concept. He stated he would not support the motion. Vote: 1 in Favor (Adams), 4 Against Mr. Toale stated what we are looking for is a design plan that we can share to get public feedback. Motion: R. Ebersole 2nd: D. McQuaid To approve the conceptual plan and request added options of eliminating the unallocated space and the record storage space and moving areas to eliminate the space behind it Discussion: Ms. Adams expressed concern about student safety/security and the traffic flow with the proposal at T C Passios. She did not feel there was enough research into the impact of using this building 10- 15 years in the future. Ms. Luck noted the old Primary School is not on this campus; we do not have to put a school on this property. Ms. Adams stated there are a lot of costs associated with putting a school in a different location. Vote: 4 in favor, 1 against (Adams) Ms. Lemieux reported she has spoken with the Police Chief in the past about security and her recollection of his comment was that it would be addressed in the design. There are other public spaces in that area including the Library, the playground and the Senior Center. People can come and watch games, they don't have to be parents. They are visitors to the campus. She added we have discussed Turkey Hill Elementary at our Capital Planning meetings to a large extent; the School Facilities Director has presented a capital plan for all the school buildings and that has been included in all the Capital Planning meetings as well as Finance Committee meetings. Mr. Leineck will return with the requested designs at a later date. 6. Minutes/ Warrants/ Action File Issues Minutes of August 21, 2018 were accepted with a correction ("more" added) on the second to last page under the Quarterly Financial Report. The Board signed an accounts payable warrant in the amount of $229,231.94. ===PAGE 8=== approve them this evening. 7. Committee Reports Ms. Adams reported the Planning Board continued and then closed their hearing for Settlers Solar. They will vote on it at their next meeting. They began discussion of marijuana regulations. Ms. Adams added she attended a Montachusett Regional Planning Commission meeting. Ms. Luck reported the School Committee held their first meeting with new Superintendent Burnham. Several residents attended the meeting and were discussing the athletic field user fees. They requested the Board of Selectmen work with the School Committee and the Parks Commissioners to figure out a more equitable way to charge user fees for the school fields. School Committee Chair Sroka will contact Mr. Toale to arrange a meeting time. The Storm Water Task Force is going to meet Thursday to do the final pass on the Notice of Intent for the MS4 permit. The Steering Committee for the Central Mass Regional Stormwater Coalition met in Lunenburg last week. They want to know what kind of help do communities need? Ms. Luck did not feel she was in position to know what the Town needs and suggested the Lunenburg consultant attend one of their meetings. Their next meeting is October 2° in Northborough. Their annual meeting will be held November 14t* Mr. Ebersole reported the Charter Review Committee is continuing to meet and will be reporting at the Special Town Meeting (STM), but not calling for any votes. We did hear feedback during the public hearing and we are pulling back on that information. We are simplifying what is going to be asked, so there will be additional information at that STM with the understanding that we will be going for a vote at the Annual Town Meeting in May 2019. Mr. Toale attended the Personnel Committee meeting and requested their professional help as Human Resource experts on our Goal #3: Increase Alignment with Committees Appointed by the Board of Selectmen. They want one more meeting to think about it but they were favorably inclined and even wanted to use the vacancy on their committee as a model to do the recruiting and outreach etc. and document and learn from it. Mr. Toale reviewed their upcoming meeting schedule: September 18 and October 2, 9, 16, 23. The workshop will be the second meeting of October and will address polishing up the policies and working on the liquor license policy. The Special Town Meeting is November 13th, PUBLIC COMMENT Dave Rodgers, 82 Highland Street, stated it was very important the Town residents have a feeling of what it is going to cost to solve our facilities problem. He asked the Board to keep their focus on the end result. Dave MacDonald, Island Road, stated he works in retail construction. Our school cost $72 million but the state paid for half so it only cost the Town around $35 million. As he understood it, when the schools do their plans, it is all done by the schools, not the Board of Selectmen. On his tours of other towns, Sharon and Taunton, they both went through the same process that this Board is going through. Taunton ===PAGE 9=== are going over the next few years. He believed the Revolving Museum would fit into the timeframe the Board had and believed Mr. Beck would be flexible with the time and space parameters. He asked about the RFP process. He offered to help from the business side. Is there a mechanism for him to use the space in the short term during the RFP process? Mr. Toale stated any short term use would be up to the Town Manager; long term it gets built into our planning process. He was pleased that there was interest in some of our buildings. Mr. Ebersole explained the Passios was under the jurisdiction of the Board of Selectmen and according to the Charter, Town Manager would be the point person. Helen Obermeyer Simmons, 323 Northfield Road, stated Jerry Beck is a visionary and it would be great if he came to Lunenburg. If The Revolving Museum moved to Passios, it would attract other artists. She encouraged them to consider this seriously. Ms. Adams stated she wanted to understand what the future use of the municipal buildings would be if the Town offices were moved to T C Passios. Ms. Lemieux following up on the previous public comment, stated photos for the Town website have to be a certain size. Ms. Adams asked if there could be a place on the website to submit their photos. Ms. Lemieux will look into that. She added photos taken around the community would be welcomed. Motion: R.Ebersole To adjourn the meeting 2nd: D.McQuaid Vote: All in Favor The meeting adjourned at 9:18 p.m. Respectfully submitted, ElaiieM. Peteron Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2018-09-18-agenda-5120.txt BOARD : select-board DATE : 2018-09-18 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-09-18-agenda-5120.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09182018-5120 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN September 18, 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 PM Special One Day Alcohol License (Beer & Wine) for St. Boniface Parish, 817 Mass. Ave. - Sept. 29; 10 am -7 pm 7:10 PM Meeting with Council on Aging Director regarding becoming an Age Friendly/Dementia Friendly Community and Signage for Eagle House Senior Center 7:20 PM Complete Streets Tier 3 Project Application 7:30 PM Meeting with the Sewer Commission regarding legal fees IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Resignation of Building Inspector Andrew Hudson V. TOWN MANAGER REPORT VI. OLD BUSINESS 1. Board of Selectmen Goals Goal #1: Town Assets a. Present & Future Maintenance & Capital Replacement of All Town Assets b. 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 2. Skateboard Park Committee Update VII. CURRENT BUSINESS 1. Drainage Easement for Matson Homes, Inc. 63 Prospect Street; vote and sign easement 2. ADA Planning Grant and Project Grant Submission 3. Minutes/ Warrants/ Action File Issues 4. Executive Session Minutes for Release  May 22, 2018 (161 Gilchrest Street, Assessor’s Map 31, Parcel 10 and 171 Gilchrest Street, Assessor’s Map 31, Parcel 11)  August 14, 2018 (161 Gilchrest Street, Assessor’s Map 31, Parcel 10 and 171 Gilchrest Street, Assessor’s Map 31, Parcel 11) 5. Committee Reports: ===PAGE 2=== 6. Department Reports VIII. UPCOMING MEETING/EVENTS SCHEDULE October 2, 2018; October 9, 2018; October 16, 2018; October 23, 2018 IX. PUBLIC COMMENT  PUBLIC  BOARD X. Executive Session M.G.L. c. 30 §21, Reason #3: To discuss strategy with respect to litigation, where an open meeting may have a detrimental effect on the government’s litigating position, and the Chair so declares, namely O’Brien Homes v. Emerick R. Bakaysa et al. Planning Board of the Town of Lunenburg and Town of Lunenburg, Land Court Docket Nos. 13 MISC 477878 through 13 MISC 477887 XI. ADJOURN ======================================================================================== DOCUMENT : 2018-09-18-agenda-5132.txt BOARD : select-board DATE : 2018-09-18 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-09-18-agenda-5132.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09182018-5132 ======================================================================================== ===PAGE 1=== Select Board Meeting- Executive Session1. ======================================================================================== DOCUMENT : 2018-09-18-minutes-5120.txt BOARD : select-board DATE : 2018-09-18 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-09-18-minutes-5120.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09182018-5120 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN September 18, 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 PM Special One Day Alcohol License (Beer & Wine) for St. Boniface Parish, 817 Mass. Ave. - Sept. 29; 10 am -7 pm 7:10 PM Meeting with Council on Aging Director regarding becoming an Age Friendly/Dementia Friendly Community and Signage for Eagle House Senior Center 7:20 PM Complete Streets Tier 3 Project Application 7:30 PM Meeting with the Sewer Commission regarding legal fees IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Resignation of Building Inspector Andrew Hudson V. TOWN MANAGER REPORT VI. OLD BUSINESS 1. Board of Selectmen Goals Goal #1: Town Assets a. Present & Future Maintenance & Capital Replacement of All Town Assets b. 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 2. Skateboard Park Committee Update VII. CURRENT BUSINESS 1. Drainage Easement for Matson Homes, Inc. 63 Prospect Street; vote and sign easement 2. ADA Planning Grant and Project Grant Submission 3. Minutes/ Warrants/ Action File Issues 4. Executive Session Minutes for Release  May 22, 2018 (161 Gilchrest Street, Assessor’s Map 31, Parcel 10 and 171 Gilchrest Street, Assessor’s Map 31, Parcel 11)  August 14, 2018 (161 Gilchrest Street, Assessor’s Map 31, Parcel 10 and 171 Gilchrest Street, Assessor’s Map 31, Parcel 11) 5. Committee Reports: ===PAGE 2=== 6. Department Reports VIII. UPCOMING MEETING/EVENTS SCHEDULE October 2, 2018; October 9, 2018; October 16, 2018; October 23, 2018 IX. PUBLIC COMMENT  PUBLIC  BOARD X. Executive Session M.G.L. c. 30 §21, Reason #3: To discuss strategy with respect to litigation, where an open meeting may have a detrimental effect on the government’s litigating position, and the Chair so declares, namely O’Brien Homes v. Emerick R. Bakaysa et al. Planning Board of the Town of Lunenburg and Town of Lunenburg, Land Court Docket Nos. 13 MISC 477878 through 13 MISC 477887 XI. ADJOURN