# select-board — 15 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 : 2018-09-18-minutes-5132.txt BOARD : select-board DATE : 2018-09-18 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-09-18-minutes-5132.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09182018-5132 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== The meeting commenced at 9:52 p.m. Attorney Costa reported this is the second round of litigation that pertains to the subdivision applications that were made by O'Brien Homes to the Planning Board. The first application was made for a single subdivision of over 100 homes and the Planning Board denied it. O Brien Homes appealed to the Land Court. Judge Long heard the case and went to trial and decided post-trial in favor of the Town. During those proceedings there was discussion back and forth between the Judge and Attorney Bard (who represented the Town at the time) and the Judge asked Attorney Bard if O'Brien Homes could just create multiple subdivisions instead of the one. Bard's answer wasn't expressly yes. He noted the idea behind Article V, Section 5.6 (Cluster Development) was the Town was advocating for smaller self-contained subdivisions operating as smaller communities as opposed to this much larger development of 100 plus homes on the same swath of land. The case proceeded and Judge Long ruled in favor of the Town. O' Brien Homes then proceeded to divide the one large subdivision into ten smaller subdivisions and came again before the Planning Board with fewer homes than proposed previously, but still having a substantial number. Only a couple of these subdivisions could function separately with actual frontage and access from the main road. The others were built onto the other subdivisions and O'Brien said this is what Attorney Bard said we could do and now we are doing it. The Planning Board said no, this is still not the purpose and intent of Section 5.6 and denied O'Brien Homes again. O'Brien Homes appealed and it went back to Land Court. The case was again assigned to Judge Long as is often the case when you get repeat related cases in the Land Court. Judge Long went through the discovery process and there were some issues with documentation and information that was requested from the Town. Not all that information was produced, searches that were undertaken were not extensive enough. Outside experts and consultants got involved, internet servers and private computers were analyzed and additional documentation was produced. That was a source of great frustration for O'Brien Homes and their legal counsel. It caused some frustration in Land Court with Judge Long. One Planning Board member who is not named in the lawsuit because he was not present at the vote, circulated an email to at least one member of the Board of Selectmen and the Planning Board stating we should really just sock it to O'Brien. That was the baseline that became a part of the litigation. Judge Long decided in 2016 that he would bifurcate the case. This is a case that involves multiple counts and some can proceed more quickly than others. Judge Long stated we've gone through this lengthy discovery period which is the Town's fault due to failure to produce the requested information. He decided to go to trial as to whether the Town acted properly and if we need to get to the bad faith claim. It will be up to O'Brien Homes on whether they want to pursue the bad faith claims, if needed. When we last met in early June, we had just received the decision from the court which took two years, that ruled in favor of O'Brien Homes; stating the Board was wrong to deny these ten subdivision approvals. The question that was put to O'Brien Homes in that decision was "What do you want to do with the bad faith claims?" As we had suspected O'Brien Homes said they were going to pursue the bad faith claim. We had a status conference with Judge Long on July 24"; he established a schedule for additional discovery to occur. Atter some back and forth between the parties, we were required to identify our potential witnesses several weeks back. Don Borenstein, the attorney representing O'Brien Homes, is requiring we identify those witnesses by tomorrow. He had a deadline of a couple of weeks ago to submit a memo to the court that summarized his ===PAGE 2=== think by any means you have a slam dunk case, he had some general concerns with the Town's litigating position. If you appeal to the Appeals Court and you win, not only do you overturn the Land Court and not have a 100+ unit subdivision, you also move the bad faith claim, because how can there be bad faith if the decision was properly rendered to deny the subdivision? The strongest argument the Town has is that O'Brien Homes had ten subdivisions and just sliced up what existed before and only two of these subdivisions have the adequate frontage and can sort of exist independently. The others were built off those subdivisions and would not have frontage or access other than through the other subdivisions and would require those other subdivisions to be built. If you believe Judge Long's interpretation of Section 5.6 and the context of these ten subdivisions, you are essentially nullifying Section 5.6. If anyone can come in and slice up subdivisions, then what does Section 5.6 stand for? The sequence in terms of pursuing an appeal is we have 30 days from the date of final judgment, which is this Friday, to file a very simple notice of appeal. That gets filed with the Trial Court of the Land Court. The Land Court then assembles the record which it sends up to the Appeals Court. They send Attorney Costa notification that the record has been assembled and transmitted and that puts him on a ten-day clock to officially docket the appeal. Then he has 40 days to draft and file his brief. Usually assembling the record takes months, but Judge Long is retiring early next year and he wants to wrap all open cases up before he leaves. Discussion ensued on the bad faith claims as well as what would happen if the appeal was won or lost. Motion: R. Ebersole 2nd: K. Adams To appeal the final judgment Vote: Ms. Adams-aye, Ms. Luck- aye, Mr. McQuaid-aye, Mr. Ebersole-aye, Mr. Toale- yes Mr. Costa will contact MIIA again in regards to their denial of coverage. There are clear monetary implications in regards to the bad faith claim and that is what they protect against. He has not had a conversation with Attorney Joel Bard about why notice was never given to MIIA back in 2016. The second claim on the ten subdivision denials was structured differently and did not include separate bad faith claims. He will send MIIA the three-page memo from Attorney Borenstein that better summarizes their claim. Mr. Costa stated he had broached the subject of coming to a settlement with O' Brien Homes with Attorney Borenstein a week and a half ago, but has not heard back from him. Motion: R. Ebersole To adjourn from Executive Session Vote: Ms. Adams-aye, Ms. Luck-aye, Mr. McQuaid-aye, Mr. Ebersole-aye, Mr. Toale- yes 2nd: D. McQuaid The meeting adjourned at 10:28 p.m. Respectfully submitted, Claire In. Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2018-09-26-agenda-5121.txt BOARD : select-board DATE : 2018-09-26 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-09-26-agenda-5121.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09262018-5121 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN September 26, 2018; 7:00 PM Lunenburg Water District Office 50 Lesure Avenue, Lunenburg AGENDA I. Open Meeting II. Meet jointly with the Lunenburg Water Commissioners to discuss providing water to the Town of Lancaster III. Adjourn Chairman Jamie Toale ======================================================================================== DOCUMENT : 2018-09-26-minutes-5121.txt BOARD : select-board DATE : 2018-09-26 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-09-26-minutes-5121.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09262018-5121 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Board of Selectmen present: Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Phyllis Luck, Member; Katey Adams, Member Board member not present: Damon McQuaid Water Commissioners present: Mark Bursch, Mark Flagg, John Esposito Also Present: Fran McNamara, Water Superintendent, James Larkin Mr. Toale called the Board meeting to order at 7:00 p.m. The water commissioners called their meeting to order and conducted some regular business before discussing the draft intermunicipal agreement (IMA) between the Water District and the Town of Lancaster with the Board of Selectmen. Mr. McNamara reported MassDOT is replacing the bridge deck on Route 2A by Maki's. While under construction the road will be reduced to one lane for traffic with a traffic light. They agreed they will replace a water pipe while working there if the water district pays for the pipe. He also reported he is in the process of applying for an earth removal permit through the Board of Selectmen office for the Massachusetts Avenue construction site of the new water district offices. McNamara reported under a USDA loan, any structure over 1500 square feet calls for an elevator to be installed. They may have to reduce the size of the basement in order to avoid that. Mark Bursch reported the water district is discussing the possibility of selling water to the Town of Lancaster. The IMA presented for tonight's discussion is a first draft from Lancaster. The water district's legal counsel has not reviewed it yet. The Lunenburg water district is considering selling water to Lancaster because they need to fund their capital improvement plan and the only other option to fund it would be to raise rates for Lunenburg water users. Their original plan was to expand the water district but met resistance due to the amount of residential construction coming into the area and having voters from another community in the water district. Based on the resistance, the commissioners researched an IMA. Support of the Board of Selectmen would make it an easier process. It is anticipated Lancaster would use 185,000 gallons per day according to Title 5 estimates, which are usually double what actually is used Mr. Toale stated initial concern was that Lunenburg has enough water for its current and future needs of the residents and the current district before supplying anyone else. Another consideration is the Dept. of Environmental Protection (DEP) permit. Bursch stated the initial idea was in the short term we would use the resource from Lunenburg to take care of Lancaster's needs and for the long term develop another water source within that area that would take care of their needs and give Lunenburg an additional resource. However, we cannot own a water source outside of the district for the district, so the IMA was the best option. Mr. Ebersole disputed that ===PAGE 2=== His concern with expanding the district is that you have a water district meeting where 10-30 people run the annual meeting. Thus 50 people from Lancaster could take over the water district. Mr. Esposito stated we can't control whether the voters are going to come in and vote or not. All I care about is getting the money from Lancaster to fix our infrastructure so we don't have to raise rates for Lunenburg users. Based on the chart provided by Lancaster of 185,510 gallons per day of usage by 2023, potential income for the water district from this agreement could eventually be $350,000 per year. McNamara stated Lunenburg's current use averages 540,000 gallons per day for Lunenburg but the new permit will be reduced to 505,000 gallons per day. We are currently capable of pumping 1.5 million gallons per day. If Lancaster happens, he would like to increase his permit by 250,000 gallons per day. So it would increase to 755,000 gallons total per day. He is working on modifying the old permit to 185,000 gallons per day in a separate section, so we would never take any of Lunenburg's allowed amount for Lancaster. It would be two separate permits. Mr. Toale asked how are you going to deal with 35,000 less gallons per day with the new permit? McNamara stated we would be more restrictive on usage. We will need to educate the public about conservation. Every five years the permit increases by a certain percentage. If there is more development, we can apply for a modification to the permit. 70% of Lunenburg receives water from the water district via 2430 connections. Some of the commercial businesses in Lancaster would like to expand in size but can't because they need sprinkler installations for fire protection. One concern previously expressed was when water use is restricted it only affects residential customers. Businesses are not restricted on their usage. Discussion ensued about possibly extending the water district into Lancaster by an act of legislature rather than have a well in Lancaster that the water district may not own or have any control over. The water commissioners asked the Board's opinion on this proposal, although they don't need their approval, it would be easier to present to water users if the Board endorsed it. Mr. Toale was supportive of an IMA as was Mr. Ebersole but the wording in the agreement needs to be strong. Mr. Ebersole stated the issues for him in an IMA are making sure Lunenburg water district doesn't pay any money to construct or maintain in Lancaster; water rates should be at a premium in addition to the maintenance costs and the concept of water restriction. Ms. Luck stated she agreed with the concept of an IMA but needed more specifics and public support. She thought the district voters need opportunity to weigh in on this proposal. She would not support it if the water users did not. The water commissioners will continue their discussions with Lancaster and have applied to the DEP to increase the amount allowed under the permit. They will check back with the Board in early 2019 on their progress. ===PAGE 3=== Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2018-10-02-agenda-5087.txt BOARD : select-board DATE : 2018-10-02 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-10-02-agenda-5087.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10022018-5087 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN October 2, 2018 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor REVISED 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 Lunenburg ROAR Task Force Program-Susan Diamantopoulos 7:10 PM Presentation of Conceptual Designs and budget cost statements for consolidated municipal offices at the TC Passios Building by Paul Lieneck of Haynes, Lieneck & Smith IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Appointment of Police Patrolman, Jack Wagner Appointment of Police Patrolman, Gage Russel Re-appointment of Interim Building Commissioner, Garry Rhodes V. TOWN MANAGER REPORT VI. OLD BUSINESS 1. Discussion about proposed town-wide Noise Bylaw 2. Discussion about Entertainment License and proposed Special Event Permit 3. Revote Closing Date of Special Town Meeting Warrant until October 11, 2018 at 5:00 PM VII. CURRENT BUSINESS 1. Discussion about scheduling a workshop meeting with the School Committee and topics to discuss at that meeting 2. Authorize Chairman to sign Disclosure Statement for Disposition of Gilchrest Street Property 3. Sign Union Contract with Public Employees Local 39 (DPW Unit) 4. Discussion about Police Mutual Aid Agreement with Middlesex 5. Discussion about Special Town Meeting Warrant articles including articles the Board may add to the warrant; votes may be taken 6. Citation for Heroism –Board signatures 7. Minutes/ Warrants/ Action File Issues 8. Committee Reports: 9. Department Reports-ACO QUARTERLY REPORT VIII. UPCOMING MEETING/EVENTS SCHEDULE ===PAGE 2===  October 9, 16, 2018; Joint Meeting with Finance Committee October 11, 2018; November 6, 2018; STM November 13, 2018 IX. PUBLIC COMMENT  PUBLIC  BOARD X. ADJOURN ======================================================================================== DOCUMENT : 2018-10-02-minutes-5087.txt BOARD : select-board DATE : 2018-10-02 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-10-02-minutes-5087.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10022018-5087 ======================================================================================== ===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; James Marino, Police Chief; Adam Burney, Land Use Director 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 stated she was dropping juice off at the Boys and Girls Club/Teen Center and a young man stated what a nice community this is. They wanted to thank the community for being so supportive. Lynne Man, 463 Burrage Street, representing a group of concerned people that either abut conservation land or use these resources, was concerned about the forest stewardship plan and felt selective harvesting is akin to logging. Logging creates many large roads, skidder trails and creates silt, leaves uncollected wood chips etc. which can severely limit the recreation value of the land for many people. The stewardship plan for Robbs Hill appears to be consistent with the MA Forestry Best Management Practices manual. However, what we see on the ground months after the Small Town Forest harvest does not reflect the spirit of conservation in which the forestry proposal was presented. We ask the Board of nearestha boat does Selectmen to help us to ensure that our treasured conservation areas are preserved the way that is acceptable to all Lunenburg residents. We are asking for a moratorium on all forestry stewardship projects until the following things are accomplished: First, we would like to do a walk to the end of the Small Town Forest with the Conservation Commission, Gary Goldrup, the Forestry consultant and the Board of Selectmen, so we can understand what appears to us as a very poorly executed implementation, is in fact okay and will be okay in the long run. We request the Town complete all cleanup and rehabilitation work at the Small Town Forest and allow time for it to recover prior to undertaking another selective harvesting project. We would like the Conservation Commission to provide examples of similar projects that were completed five to ten years ago with detailed directions (maps preferred) to very specific sites that were previously logged so that we can go out and see for ourselves what it looks like. Finally, we request the appointment of a special task force by the Board of Selectmen for us to do the following; evaluate alternative options to the existing cutting plans that might also achieve forest stewardship goals of maintaining forest health while minimizing the collateral damage that we see in the forest. This should include options that do not require selective cutting. It is vital to develop a plan to improve effective communication with citizens regarding any proposed forestry management and cutting. We have talked to over 100 Lunenburg residents and not a single person was aware of any proposals for cutting in the Small Town Forest. The process to cut in Robbs Hill Forest is well underway. We need to ===PAGE 2=== safe and healthy choices and to provide information about support and resources to addicted persons, their Tamilles and members of the community at large. Our members include educators, medical and mental health professionals, public safety personnel, clergy, family members of the addicted persons and members of the community. We formed in the spring of 2017 in response to the rising tide of opiate addiction and we have attended a number of community events. She presented a history of their programs to date. Their next event is November 1s with Dr. Ruth Potee at 6:30 p.m. at the Lunenburg High School auditorium. We will be hosting a fundraiser at the Outback Steakhouse on November 8th . Further details are on Facebook. APPOINTMENTS Police Chief Marino recommended two officers to be appointed to full-time. One officer will fill the vacancy that was created by the departure of Lt. Luth. The second is an addition to the Police Department which was budgeted for this fiscal year. John "Jack" M. Wagner was selected as a finalist from a pool of applicants through a hiring process that included an application and pre-screening component and an oral board. He is currently employed by the Police Department as a Reserve Police Otticer. He is a graduate of Lunenburg High school, has an Associates of Science degree in Criminal Justice from Mount Wachusett Community College and a Bachelor of Science degree in Criminal Justice from Fitchburg State University. H served two internships with the Lunenburg Police Department. Jack has completed the Municipal Police Training Committee, 345 ½ hour Reserve Intermittent Police Academy at West Boylston and has passed the required employee physical, Physical Agility Test, and an extensive background investigation. Jack has been participating in a field training program after being hired as a reserve police officer. From the onset, the staff found Jack to be an honest individual of high intellect with excellent communication skills and a remarkable work ethic. If you decide to appoint Jack to full- time status, he will be enrolled in the first available Police Academy commencing on October 15th in field school at the MPTC Western Mass Police Academy. I respectfully request that if you do ratify the appointment, you make it effective on Thursday, October 11, 2018, the week day before the academy start date. He recommended Gage R. Russell to the position of full-time Police Officer. Gage was selected as a finalist from a pool of applicants through a hiring process that included an application and pre- screening component, and an oral board. Gage is a graduate of Wachusett Regional High School and he holds a Bachelor of Science degree in Criminal Justice. He has worked as a Worcester State University Public Safety Dispatcher and as a Public Safety Dispatcher for the Leicester and Princeton Police Departments. Gage has completed the Municipal Police Training Committee, 345 ½ hour Reserve Intermittent Police Academy at West Boylston and passed the required employee physical, Physical Agility Test and an extensive background investigation. Gage has dedicated an enormous amount of time participating in a field training program after being ===PAGE 3=== Moton. n. spersole To ratify the appointment of Jack Wagner to full-time police officer effective October 11, 2018 and the appointment of Gage Russell as full-time police officer effective October 12, 2018 Vote: All in Favor The Board congratulated the officers. Ms. Lemieux moved on to the re-appointment of Interim Building Commissioner Garry Rhodes. It is a formality because his resignation was received, but he is staying on until a new Building Commissioner is appointed. Motion: R. Ebersole 2nd: D. McQuaid To ratify the appointment of Garry Rhodes as Interim Building Commissioner Vote: All in Favor Presentation of Conceptual Designs and Budget Cost Statements for Consolidated Municipal Offices at the TC Passios Building by Paul Lieneck of Haynes, Lieneck & Smith Mr. Lieneck referred the Board to the conceptual construction budgets document first. He determined a cost of $11/square foot for the hazardous materials abatement based on the study by The Vertex Companies, Inc. study. He arrived at $9/square foot for the building demolition and this was based on the Vertex Companies quote of $6.20/square foot for the entire building demolition in 2018 and $8.5/square foot by the Tappe Architects study for demolition of 22,500 square feet. The cost per square foot is greater for lesser area demolished. He took the alteration cost from 2016 and added a two-year escalator and scope of work increase as follows: $20/square foot for roofing, $8/square foot for plumbing systems, $18/square foot for mechanical systems and $11/square foot for electrical systems. Those numbers aside from the roofing are not totally what will be put into those subsystems because the Tappe Architects price included some money for it, but not to the level of a renovation for the long term. $168/square foot is what that calculated out to and includes 5% for design and pricing contingency, 10% for general conditions, 5% for overhead and profit and 3% for bonds, insurance and permits. That includes any site work such as adding surface parking, site accessibility modifications, walkways and surface improvement directly related to the size of the building and does not include underground electric service or developing recreation space. Project costs are incremental costs added to the construction budget for costs beyond the construction. The budgets do not include the following: professional services fees (estimated at 8-10%), abatement monitoring (estimated at 15-20%), Clerk of the Works (estimated at $12,000-$15,000/month), administrative costs, financing and other miscellaneous costs. He moved on to the options. There is a site and floor plan for each of the options. Option Evaluation: Option 1: Building with Rental Space and Expansion Space ===PAGE 4=== Construction Budget: Cost $ 16,100 14,400 549,850 8,374,800 $ 500,000 $ 9,455,150 Component lazardous materials abatement Breeding demolitior azardous materials abatemer re-alteratior Site Work Construction Option 2: Building with Expansion Space Option 2 includes demolishing the 1,610 square foot 1970's addition to the westerly end of the rear wing, demolishing 7,060 square feet of the rear wing, and retaining the remaining 42,790 square feet of building. Approximately 42,790 square feet is dedicated to municipal offices. There is expansion built in to the office wing because the classroom spaces are assigned to the office functions without adjusting wall locations. Accordingly, the spaces are larger than is needed to meet the program resulting in additional space within each department. The classroom access to the gymnasium is past spaces with limited access by municipal employees and with access prohibited to supervised access only by the public. Construction Budget: Cost $ 86,700 78,030 479,250 7,188,720 $ 350.000 $ 8,182,700 Component Hazardous materials abatement, pre-demolition uilding demolitio lazardous materials abatemen pre-alterations Alterations Site Work Construction Option 3: Building to Space Program Option 3 includes demolishing the 1970's addition to the westerly end of the rear wing, demolishing the 11,860 square foot rear wing which was originally designed as an addition, and retaining the remaining 37,980 square feet of building. Approximately 37,980 square feet is dedicated to municipal offices. The spaces in the municipal wing are adjusted to meet the space program requirements. The difference between the original Tappe Architects space program and the Option 3 space program is the Record Retention Room, the larger television studio, and the two classrooms in the school district area. The classroom access to the gymnasium is direct with limited access by municipal employees and with access prohibited to the public. Toilets for students are retained within the student corridor. ===PAGE 5=== $ 350,000 $ 7,403,330 Site Work Construction Ms. Lemieux asked Mr. Lieneck to explain for all three options how many square feet there are for Town offices and whether that includes cable and how many square feet for school and community because the total was 42,790 square feet in Option 1 and 2, and Option 3 was 37,980 square feet. Mr. Lieneck explained the difference between Option 1 and 2 is the space in the back; it is part of the Superintendent's area and the two classrooms and the additional municipal space that is in the municipal wing. The rest of it stays the same. He did not have the area of the gymnasium handy. A gym that size is approximately 8000 square feet and that would include probably ten percent of corridor space. Kitchen space is counted as community space also. The difference between Option 2 and 3 is that we are essentially taking off the back portion, amounting to about 4000 square feet. That square footage is recovered by adjusting the size of the office spaces. Ms. Lemieux asked if he used the Turkey Hill Elementary asbestos abatement project to come to his figures of $11/square foot for the Passios, He replied no, because it was a different scope of work, Turkey Hill was more labor intensive. Ms. Adams asked if this project included new windows. Mr. Lieneck stated it included some new windows as some work has already been done. He used Tappe Architects' numbers on that. Discussion ensued about security and safety concerns as well as parking space availability near the Passios Building. Mr. McQuaid asked Mr. Lieneck at the square foot cost what level of finish is included in these figures? Mr. Lieneck stated Tappe Architects study had a fairly comprehensive interior finish package so he believed it would be upgraded to a fairly new building. Ms. Luck inquired what the cost of demolishing the entire building would cost. Mr. Lieneck stated it was around $1.2 million. Mr. Ebersole stated he would like to discuss having students in the building further with the School Department because that adds a whole different dynamic. Ms. Adams stated she would like to consider the renovation of this building as potentially accommodating school growth. Ms. Adams asked Mr. Leineck if it was less expensive converting a building to what it was originally intended for than to convert it for municipal use. Mr. Lieneck stated most likely yes, but you still have to deal with the flooring which has asbestos and the replacement of the doors, so it is a limited amount of net difference. You still have to replace the archaic building systems in the building. Regardless of how you use the building there is a level of work to be done just to occupy the building again. Mr. Leineck stated there has been a lot of testing done, there is a list of contaminated items, mostly inside the building. He believed the 55,000 square feet number originally included the temporary classrooms so that is not a good number to use for the actual building itself. 51,500 square feet is more accurate. Mr. Toale stated further discussion is needed before presenting to Town Meeting. He did not believe the Board should change direction until all the work is done for this site. ===PAGE 6=== Passios tor any or the oner Dundings. Mr. Toale noted the Tappe Architects study used 13 criteria that the Building Reuse Committee gave them to use. The Passios building met 13 out of 13, the Ritter Building met 2 out of 13, the old Primary School and Town Hall renovations combined, met 4 out of 13 criteria, the old Primary School custom-built met 6 out of 13 and the Primary School as a renovation met 4 out of 13. Then they added the cost of each of them and the Passios was the least expensive. That is the reason why we have been driving it as our proposed plan, until we discern it is not our proposed plan anymore. Mr. Leineck added what we were doing is taking that and having an expanded program but putting it on the same option that they recommended. Ms. Adams stated she read all the minutes of Building Reuse meetings and they never studied Lunenburg's land needs, they did not look at the school department needs, they just very specifically looked at these buildings in what looked like an arbitrary way. She stated she would like to form a new Building Reuse Committee and call it the Municipal Building and Land Use Committee because they really look at specific things, rippling it out and looking at the long term consequences of different things. Mr. McQuaid noted the Building Reuse Committee had members from nearly every board and committee in town, including the School Department, Finance Committee; we even had the Historical Commission on it. We did a lot of work. You can't catch up on all the work that went into it by reading minutes. T C Passios was recommended by a third party, an independent person, who looked at what is the best decision for the Town and then we as individuals from all those boards agreed with them and chose to move forward with this. Mr. Ebersole moved the question. Vote: 1 in favor (Adams), Opposed- 4 The Board thanked Mr. Lieneck for his work. TOWN MANAGER REPORT Update about the Town Hall weathervane: At the August 7, 2018 Board of Selectmen's meeting I reported that the Town Hall weathervane was last seen on top of the large safe in the Town Hall basement this past spring. I will restate that previous accounts that it may be at the DPW Building or at the Fire Department are inaccurate. There were two companies that did work related to the mold remediation project in the basement and both confirmed that they did not move or remove the weathervane. In July the Town Manager's Office contacted the Chairman of the Historical Commission to request assistance from them in finding a company to make a replacement and provide pictures of the old weather vane. The insurance company had been contacted at this time about filing a property loss claim. We are awaiting a recommendation from the Historical Commission on a company to make the replacement and the replacement cost, which is needed prior to submitting a property loss claim. If anyone has any new information about the missing weathervane, please contact the Town Manager at hlemieux@lunenburgonline.com or (978) 582-4130. ===PAGE 7=== the project grants included ADA provements do bulkey d Delen Me per Duals, 10Wl Hall, the Eagle House Senior/Community Center, TC Passios, North Cemetery, the Lane Conservation Trail and parking area improvements, the Cowdrey trail and parking area improvements, and improvements to the trail at the Small Town Forest. The total funding request for both the ADA Planning and Project Grants is $130,485. Applications will be reviewed from now until December and we will receive notification of award or denial by December 3, 2018. Complete Streets Tier 3 Grant Application: The Complete Streets Tier 3 project application and supporting documents were successfully uploaded through MassDOT's Complete Streets portal. The total request for funding was $375,602 for the projects as outlined at the September 18 Selectmen's meeting. Representative Benson's office provided a letter of support that was also included in the application. Regional Animal Control Facility: The architect is currently accepting proposals from geotechnical engineers to perform test borings and a written report on the findings for the site identified as the optimal location for a future Regional Animal Control Facility (behind the Public Safety Building). Summer Street Project Update: Pavement reclamation began on Monday, September 24th on the Fitchburg end of the project. The Contractor will be pulverizing from "Rocky's Plaza" to the Baker's Brook Bridge. The Contractor will then remove excess material and shape the road over the course of the next two or so weeks. It is anticipated that they will be paving this end of the project to intermediate grade during mid to late October. Drainage structures will be raised to intermediate grade for the winter. Installation of the drainage main in Lunenburg was expected to be finished by September 28th. Installation of the catch basins tying into the new main will begin in mid to late October. The Contractor is anticipating having a crew begin doing the work on the Baker's Brook Bridge in October. Chase Road Update: Since reporting on the completion of the Chase Road project at the August 21st meeting, imperfections were noticed by the DPW Director and others. The DPW Director has been corresponding with MassDOT to complain about the final product and advocate for fixing it. MassDOT did a ride-ability test in one of their trucks designed to calibrate the smoothness of the road and found a section of the road did not meet the standard. This section of road is being re-milled and re-paved this week. "Get Connected" Communications Questionnaire: As part of the new website's "Get Connected" component and the goal of outreach, I created a communications questionnaire accessed through the "Get Connected" portion of the website and shared it on the Town Facebook Page to ascertain the primary sources of communication people currently receive ===PAGE 8=== merease te bumper t people we dre ddr oreg vur claa tools. Capital Planning Committee: The Capital Planning Committee met tonight and discussed the status of the FY 2019 Capital Plan projects. To date the Police Department boat, ATV, and cruisers have been purchased, the two DPW vehicles have been ordered, the Turkey Hill Asbestos Abatement project is complete, the modular trailer behind the TC Passios has been demolished, the Primary School phone system installation is complete, and the Ladder Truck has been ordered. The CPC has set a schedule of meetings and will begin meeting with departments on November 6th and wrap up by the beginning of December. At their next meeting on October 16th they will discuss a list of priorities for use of the funds appropriated towards the Turkey Hill Elementary School Asbestos Abatement project that can be re-appropriated towards anther capital project. Department Head Meeting Update: Here are some highlights from the Department Head meeting on September 25th: Assessors: • The Regional Assessor met with the Department of Revenue last week to finalize valuations as part of the recertification of assessments required by the Department of Revenue done every five years to certify we are assessing at full and fair cash valuation. • Motor Vehicle commitments will be sent out October 4th totaling $79,779. Cable: • The Cable Coordinator reported they are currently working with Comcast on a third channel that will be for Education including the School Committee meetings but they are looking for additional content for this channel. • Staff is currently receiving training on the remote wireless system and programming that includes a botany series and a program with the Superintendent. Council on Aging: • The COA Director annonced the action group for becoming a Dementia Friendly Community has been established and will have their first meeting on October 10th. The first "Memory Café" will be on Friday, September 24th. Note: Ms. Lemieux spoke with the COA Director following the first Memory Café and it was a success. • In other news the Senior Tax Work-Off Program will be ending in November and the Senior Tax Work- Off Program Committee will be accepting applications for the commencement of the program in January. Applications can be obtained at the Senior Center and we will work on putting them on the website. ===PAGE 9=== • The Police Chief continues to work on their accreditation. • Officer LaChance graduated from the academy on September 14th; another officer is in the academy right now and two more officers appointed tonight will be going in October 15th. Land Use Director: • The Planning Board has begun having workshops on permitting adult use recreational marijuana. • The Settlers Solar Special Permit Hearing has been continued again until October 22nd. Fire: • The Ladder Truck has been ordered and has a 300-day lead time. • Currently one Firefighter is in Paramedic school. Treasurer/Collector: • The Treasurer/Collector has finalized all the end of the year reports that are submitted to the Department of Revenue and is now working tax takings. Finance Director: • Last week the Finance Director reported that she was finalizing the end of the year reports to the Department of Revenue to certify Free Cash and has since submitted with a balance of $1.53M to be certified as Free Cash. IT Director: • The IT Director is working with a company to assess the town's toner usage and getting a proposal to move to managed print services that would cover all our toner purchases. The next department head meeting will be a management training through the Town's Employee Assistance Program on October 29th. Announcements: Town Counsel Office Hours: Tuesday, October 16th 2-6 pm Tuesday, November 27th 12-4 pm Monday, December 17th 8 am-12 pm Vacancies: The following paid positions are currently posted: • Building Commissioner • Local Building Inspector • Town Mechanic ===PAGE 10=== • Public Access Committee (2 vacancies) • Zoning Board of Appeals (2 Associate vacancies) OLD BUSINESS 1. Discussion about Proposed Town-wide Noise Bylaw Police Chief Marino reviewed the draft bylaw with Town Counsel and Attorney Costa had some suggestions for necessary changes. This article will be placed on the special town meeting warrant. Discussion ensued on different instances that a major financial cost could occur. Ms. Luck stated the prohibited hours (10 p.m. and 6 a.m.) seemed excessive. Chief Marino pointed out landscapers and contractors start early in the day. Mr. Ebersole stated hours could be discussed further at Town Meeting. 2. Discussion about Entertainment License and proposed Special Event Permit Land Use Director Burney referred the Board to the second draft of the Special Events permits. He reviewed the guideline changes he made from previous suggestions, such as what constitutes a special event, timing and drug/alcohol use on town property, accessibility and insurance coverage. Mr. Ebersole asked if the Board had the ability to limit two week long events, such as a fairground type event. After discussing Bring Your Own Bottle permits, which according to policy, can only be given to common victualler licensees, the question arose what happens if you did not have a permit- can people bring their own alcohol to a special event on private property? Mr. Burney was also planning on asking the same question but concerning recreational marijuana use. Suggestion was made to add additional wording to fireworks events requiring a license. Mr. Burney added the word "campground" to the last paragraph. He stated having the applicant meet with the necessary department heads tends to make the application process go smoother. Mr. Ebersole suggested adding something about indicating the locations of buffer zones and a site plan might also be needed for guidance. Suggestion was made to be consistent with the proposed noise bylaw hours, 10 pm to 6 am. The Board invited Mr. Burney back to their workshop in two weeks to finalize it. Discussion about Police Mutual Aid Agreement with Middlesex Police Chief Marino stated this was a new agreement and he was in favor of this mutual aid agreement in the present form. He noted wording was added due to Chapter 40, §8g following enactment of Chapter 124, Acts of 2003. "SECTION 1. Section &G of chapter 40 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the word "towns", in line 2, the following words:- including cities and towns in states contiguous to the commonwealth. SECTION 2. Said section 8G of said chapter 40, as so appearing, is hereby further amended by adding the following sentence: When providing such mutual aid, police officers shall have all the immunities and powers granted to them in the municipalities that employ them, including, but not limited to, powers of arrest." ===PAGE 11=== materials, contractual services, and equipment when the resources normally avaladle to any mumerpany in une agreement are not sufficient to cope with a situation which requires police action. When providing such mutual aid, police officers shall have all the immunities and powers granted to them in the municipalities that employ them, including, but not limited to, powers of arrest. While in transit to, returning from, and during a mutual aid response for another city or town, a participating police officer shall maintain the right of indemnification granted by law, or by his home city or town, or both, for all claims arising out of any action within the scope of his employment in accordance with a valid mutual aid agreement. A mutual aid agreement may provide for methods of activation or requesting and responding to mutual aid requests. The agreement may also address issues such as pay and benefits for officers, insurance, indemnification, injury compensation and other operational matters related to police services provided for a mutual aid response. Nothing in this paragraph shall be construed to expand or otherwise modify existing police powers as provided by law or any existing mutual aid agreement or both. Chief Marino stated these changes were prompted due to court decisions such as Commonwealth v. LeBlanc. Prior to the changes to c. 40, § 8g, the only way to present a successful legal challenge to an arrest made in another jurisdiction by an assenting department was to have all the signatory communities appoint the other communities' officers as Special Officers. That is why every year two police officer lists come to the Board of Selectmen for appointment, one of which isn't necessary. Townsend and Shirley Police Departments send us annual appointment lists. We do not have a mutual aid agreement with Shirley, which is in Middlesex County. We do have a mutual aid agreement with Townsend; there is no need for us to get sworn in in Townsend. Since the changes to c.40, § 8g, a new case, Commonwealth v. Gregory Bartlett, affirmed the authority of the police to take territorial action under a mutual aid agreement. Chief Marino stated the agreement before you tonight grants the Police Department full powers in jurisdictions when circumstances arise dictating an immediate response or action for the good of public safety. He cited several Lunenburg roads that you can't get to unless you go through another town. We are placing ourselves in a libelous situation by not having these agreements. Mr. Ebersole stated he supported the Lunenburg Police Department but his issue with this was if any Middlesex County police officer happened to be in Lunenburg, how do we know that they know they have to call you as opposed to off duty, on duty. He had less issue if they were on duty and taking action. He was concerned with a rogue cop from four towns over being in our town and doing this action. Ms. Adams asked if your neighbor was a Townsend police officer, could he pull you over on your road? Chief Marino replied no, they are not going to pull you over because they can't really. Technically it could happen, but that is the exception to the rule. Chief Marino stated the rogue cop situation is rare. That just puts all of us in peril. Police for the most part don't want to get involved in other police officers' problems but they are going to and should act when it is a threat to public safety. Mr. Ebersole asked how is this policy trained beyond our borders so any outside police officer coming in town knows what how to act. Chief Marino stated we have to have faith that their department is training them. Mr. Toale stated we all agree action should be taken when it is a safety issue, but we are concerned about the gray areas. Chief Marino said there is a lot of training in policy for this. Mr. Ebersole requested more information on one Middlesex County town, specifically on how they train their officers for dealing ===PAGE 12=== notice was run in today's Sentinel & Enterprise with an extension of the date/time to submit warrant articles in order to meet the legal requirement. Motion: R. Ebersole 2nd: D. McQuaid To amend the closing date of the Special Town Meeting warrant until 5:00 p.m. on October 11, 2018 Vote: All in Favor CURRENT BUSINESS 1. Discussion about scheduling a workshop meeting with the School Committee and topics to discuss at that meeting Mr. Toale stated the recommendation from the School Committee was to meet jointly at their scheduled meeting on Wednesday, November 7" at Town Hall at 7:00 PM. It will be televised. Discussion ensued on what to discuss. Suggestions made were future school dates for facilities, what their planning process is, feedback on the TC Passios proposal before this Board, the future of Turkey Hill Elementary School and projected costs, inclusion of a town representative to participate in union negotiations, school population projections, opportunities for joint planning (events, outreach, communication) and the role of liaisons. 2. Authorize Chairman to sign Disclosure Statement for Disposition of Gilchrest Street Property Ms. Lemieux stated this was related to the disposition requirement; to have the Chairman sign the disclosure statement that is filed with the Dept. of Capital Asset Management. This would occur after the purchase and sale agreements have been signed in order to make them valid. Motion: R. Ebersole 2nd: D. McQuaid To authorize the Chair to sign the disclosure statement for disposition of the Gilchrist Street property Vote: 4 in Favor, 1 Opposed (Adams) 3. Sign Union Contract with Public Employees Local 39 Union Laborers International of North America (DPW Unit) Ms. Lemieux presented the union agreement for signatures. The Board had signed the Memorandum of Agreement back in July. All the terms of that were incorporated into the final document. Motion: R. Ebersole 2nd: D. McQuaid To sign the union contract with the Public Employees Local 39 Union Vote: All in Favor 4. Discussion about Special Town Meeting Warrant articles including articles the Board may add to the warrant; votes may be taken Ms. Lemieux presented a draft of the Special Town Meeting warrant. We still have until October 11" for people to submit warrant articles. Currently there are 13 articles including the noise control bylaw. Article 1 is to adjust the FY2019 budget. This will address any unexpected decreases or increases in the current fiscal year. Article 2 was part of a motion at the last Special Town Meeting under the budget adjustment article to ===PAGE 13=== electio capital pigers. Article 5 is to hear an interim report from the Charter Review Committee. Article 6 amends the Code of Lunenburg, Chapter 70 entitled "Salary Administration Plan" as follows: to amend §70.17, 70.21, and 70.28, as shown on a document entitled "Amendments to the Salary Administration Plan Bylaw" dated October 22, 2018. This addresses vacation accrual, the definition of a part-time employee and the Family Medical Leave Act section which reflects the Town's policy. Article 7 raises and appropriates, borrows, or transfers from available funds, a sum of money to fund a salary survey for positions within the Salary Administration Plan. The bylaw states every three years a compensation review shall be performed. Article 8 extends the moratorium on the sale and distribution of recreational marijuana Article 9 amends the Code of Lunenburg, Chapter 250, entitled "Zoning", to modify $250-2.1 Article 10 amends the Code of Lunenburg, Chapter 250, entitled "Zoning", to modify §250-4.1.G Article 11 amends the Code of Lunenburg, Chapter 250, entitled "Zoning", to modify §250-6.5.E(1) and §250-6.5.F Article 12 amends the Code of Lunenburg, Chapter 250, entitled "Zoning", to modify §250-8.3.C (1) Article 13 amends the Town Bylaws by adding a Bylaw for the reduction of plastic bags. The only discussion was to ask for additional funding for a schematic design for the T C Passios Building. It was decided to wait until Annual Town Meeting in May 2019. 5. Citation for Heroism The Board signed a letter of commendation and a citation to Lunenburg resident John Hazelrigg, to recognize his heroic actions on the evening of January 3, 2018; rescuing Revath Tran from drowning in the Merrimack River. The Board signed the letter and citation. 6. Minutes/ Warrants/ Action File Issues The Board approved Minutes of August 14 and September 4, 2018. Edits were made to the September 26, 2018 minutes. Motion: R. Ebersole To approve the September 26, 2018 with the corrections 2nd: P. Luck Vote: All in Favor Mr. Toale read a synopsis of the Board's meeting with the Water Commissioners. The Water District would like to enter into an intermunicipal agreement (IMA) with the Town of Lancaster to sell water to help defray capital costs of the water district. Although not required, they were seeking the Town's support through the Board of Selectmen. We discussed general support of the idea but felt the actual language of the agreement needs to be crafted to better protect Lunenburg water users. Also, maximum water usage, daily pumping restrictions imposed by the Dept. of Environmental Protection (DEP) need to be understood so that an increase in pumping to supply Lancaster's needs does not negatively impact ===PAGE 14=== payroll deductions warrant in the amount of $589,132.13. Action File Issues: Ms. Lemieux requested the Board review all their license fees at a future meeting. Department Reports-ACO QUARTERLY REPORT The Board had no comments on the report other than it was interesting. Upcoming Meeting Schedule: The Board will be meeting October 9 and 16 and hold a joint meeting with the Finance Committee on October 11th h. They will meet on November 6 and possibly the 7# with the School Committee. Special Town Meeting is November 13. Committee Reports: Ms. Adams reported she has been attending the Planning Board meetings and the proposed temporary moratorium on sales and distribution of marijuana would go until May of 2019. During that time, the Town will undertake a planning process to address the potential impact of recreational marijuana in Town, consider the Cannabis Control Commission regulations and determine whether the town will prohibit on-site consumption of marijuana at recreational establishments and retailers and consider adopting new provisions of the Zoning bylaw to address the impact and operation of recreational marijuana establishments and retailers and related use. Ms. Luck attended the MART meeting on September 26t, they are hoping to have a balanced budget this year. The School Committee met on September 19th. They announced a $2295 donation from the Stillman Fair and a $450 donation from the Cooneys' for a Nature's Classroom scholarship. They are working on increasing communication and outreach to the community. Ms. Luck attended the Central Mass Stormwater Coalition Steering Committee meeting earlier today. They planned the Annual Meeting which will be held November 14'h at the Massachusetts Fish & Wildlife Headquarters in Westborough. PUBLIC COMMENT: Daron Massey, 300 Holman Street, stated there was a group working on increasing community engagement, business development and maintaining open space. In reference to the earlier discussion on the special event permit and the noise control ordinance, he was disheartened. He requested the Board allow the public to engage in co-crafting those two documents with the Police Chief and Land Use Director and to form a task force on each of those prior to going to Town Meeting. He added there have been previous requests for the town to have a Business Development Manager position. That person would be encouraging people to provide the feedback on documents such as these. Mr. Toale responded that there will be a point for public feedback during other meetings on the noise control bylaw and special event permit. ===PAGE 15=== Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2018-10-09-agenda-5122.txt BOARD : select-board DATE : 2018-10-09 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-10-09-agenda-5122.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10092018-5122 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2018-10-11-agenda-5123.txt BOARD : select-board DATE : 2018-10-11 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-10-11-agenda-5123.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10112018-5123 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2018-10-16-agenda-5088.txt BOARD : select-board DATE : 2018-10-16 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-10-16-agenda-5088.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10162018-5088 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN October 16, 2018 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor REVISED WORKSHOP 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 IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Resignation from Cultural Council- Chris Letarte, effective October 7, 2018 Cultural Council- term to expire June 30, 2021.  Tyler Hathaway, 872 Northfield Road  Jamie Merrill Blood, 1387 Massachusetts Avenue  Daron Massey, 300 Holman Street V. TOWN MANAGER REPORT VI. CURRENT BUSINESS- 1. Minutes/ Warrants/ Action File Issues 2. Committee Reports 3. Department Reports VII. OLD BUSINESS 1. Board of Selectmen Goals a. Town Assets 1. Present & Future Maintenance & Capital Replacement of All Town Assets 2. Adopt an Action Plan for Activities During FY19, dealing with the “Five Buildings” b. Improve Public Satisfaction through Community Involvement and Public Outreach c. Increase Alignment with Committees Appointed by the Board of Selectmen 2. Discussion about Special Town Meeting Warrant articles; votes on recommendations may be taken; Sign Final Warrant VIII. WORKSHOP ON BOARD OF SELECTMEN REGULATIONS AND POLICIES:  New: Special Event Permit Policy  Section 2.01: Access to Town Counsel ===PAGE 2===  Section 4.01: Liquor License Regulations  Section 4.02 Bring Your Own Bottle Permit  Section 4.03 One Day Liquor License  Section 4.17 Taxicab License  Section 5.01 Pole Petitions  Section 5.02 Road Acceptance and Road Discontinuances  Section 7.10 Social Media Policy Votes may be taken on these regulations and policies. IX. UPCOMING MEETING/EVENTS SCHEDULE November 6, November 20, 2018; STM November 13, 2018 IX. PUBLIC COMMENT  PUBLIC  BOARD X. ADJOURN ======================================================================================== DOCUMENT : 2018-10-16-minutes-5088.txt BOARD : select-board DATE : 2018-10-16 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-10-16-minutes-5088.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10162018-5088 ======================================================================================== ===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; James Marino, Police Chief; Adam Burney, Land Use Director; Elaine Peterson, Executive Assistant The meeting opened at 7:01 p.m. with the Pledge of Allegiance. Mr. Toale announced 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 everyone the next Lion's Club Pancake breakfast will be the first Wednesday of November due to the Lions' Club getting Thanksgiving baskets ready for distribution. INTERVIEWS/APPOINTMENTS/REAPPOINTMENTS/RESIGNATIONS Resignation from Cultural Council- Christopher Letarte, effective October 7, 2018 Mr. Toale read Mr. Letarte's resignation aloud. "After plenty of thought on the matter I find it easier on my mental health to resign from Cultural Council. This is my resignation letter. I'm sure I will find reason to sit on another board in town or be involved with other things but for now I just need to step away." Cultural Council Interviews- Mr. Toale announced one applicant, Daron Massey, 300 Holman Street, has withdrawn his application in an email sent to Ms. Peterson, "I've reviewed the terms of the Massachusetts Cultural Commission Grants. The MCC gives examples of possible conflict of interest situations in potentially being on a commission and applying for grants. The possibility for conflict of interest being present or absent is dependent on various factors regarding applying for a grant. I do not have the information I need to evaluate if my application may potentially lead to a situation of a conflict of interest. I would like to request your withdrawing my application for consideration to the Cultural Commission at this time. Please remove my appearance at the Board of Selectmen meeting tonight due to the above. Tyler Hathaway, 872 Northfield Road, stated he moved to town about a year and a half ago, he previously lived in Ashburnham. He is a digital designer (websites, etc.) and an illustrator. He felt this was a good way for him to get involved in the town. Motion: R. Ebersole To appoint Tyler Hathaway to the Cultural Council with a term to expire June 30, 2021 2nd: K. Adams Vote: All in Favor ===PAGE 2=== The Board thanked both applicants. TOWN MANAGER REPORT Summer Street Project Update from MassDOT: The Contractor has reclaimed the roadway from Rocky's Hardware in Fitchburg to the Baker's Brook Bridge. Emulsion injection of the reclaimed material is scheduled for October 12th and 13th. Paving of the base and intermediate courses in this area is scheduled for the week of October 15th. The drainage trunk line has been completely installed in Lunenburg. Installation of the trunk line is progressing in Leominster, but was slowed last week when ledge was encountered. The hope is to complete the drainage main in Leominster by October 19th. The Contractor will then begin tying catch basins into the new drainage main starting at the Baker's Brook Bridge in Lunenburg and progressing towards Leominster. Additionally, after paving, it is anticipated that curb and sidewalk work will begin in Fitchburg starting at the John Fitch Highway intersection and progressing towards Lunenburg. This work is subject to the availability of the curb/sidewalk subcontractor. Given the condition of the existing pavement on North Street in Leominster, MassDOT has decided to do some patch paving prior to winter to alleviate further deterioration of the road this winter. MassDOT has also decided to reclaim the North Street portion of the project instead of milling. Reclaim of Lunenburg and Leominster will be done in the spring / summer of 2019. Update on the Town Hall weather vane: The Historical Commission provided us with an estimated replacement cost and once we receive a formal quote from the vendor we can submit the property claim with our insurance company. Beyond the actual replacement of the weathervane, the DPW Director has cautioned that the structural integrity of the Clock Tower and mount that the Weathervane would be installed on need considerable work. This will need to be reviewed and may be a capital project request in the FY20-24 Capital Plan. Business-Town Partnership Update (TM Goal #1 and #3): The next Business Town Partnership meeting will be Thursday, October 25th at 5 p.m. in the second floor meeting room at Town Hall. We will be reviewing a draft of the Business Brochure. Meetings and other announcements: • Town Counsel Office Hours: Tuesday, November 27th 12-4 pm; Monday, December 17th 8 am-12 pm. • Municipal Aggregation Electricity Rates: The new rates for residents that are municipal aggregation customers with Constellation NewEnergy will be .10998 cents per K Wh starting on their November meter read date. Our municipal aggregation consultant, Colonial Power, procured this rate from Constellation after going out for competitive bids. This rate will be fixed for the next 36 months. As of December 1, 2018, Unitil's electric winter service fixed residential rates will rise to 12915 cents per kWh. Residents can opt in or opt out at any point. We will post ===PAGE 3=== tep past a cany posted. • Town Mechanic • Assistant Town Mechanic • Heavy Equipment Operator/Laborer The following is a list of vacancies on the following committees: • Agricultural Commission (2 regular vacancies, 2 alternate member vacancies) • Architectural Preservation District Commission (1 vacancy for a design professional/craftsperson) • Cultural Council (multiple vacancies) • Public Access Committee (2 vacancies) • Zoning Board of Appeals (2 Associate vacancies) CURRENT BUSINESS- 1. Warrants The Board signed an accounts payable warrant in the amount of $329,577.20, a payroll warrant in the amount of $779,721.38 and a payroll deductions warrant in the amount of $161,511.81. 2. Committee Reports Ms. Luck reported the Storm Water Task Force will meet on the 25" of October. The School Committee meets tomorrow. She will be attending the MMA Selectmen's Meeting at Devens this Saturday. Mr. McQuaid reported Capital Planning meetings will be November 6'h (School and IT Depts.), November 20" (Police & Fire Depts.) and November 27 (DPW). Mr. Toale reported he will be attending the MPO meeting tomorrow representing subregion 3. 3. Discussion about Special Town Meeting Warrant articles; votes on recommendations may be taken; Sign Final Warrant Ms. Lemieux referred the Board to the final version of the Special Town Meeting warrant. She referred to the article regarding the American Disabilities Act (#10); it expands the definition of term of appointments, voting power, resignations, how vacancies are handled, provides new sections on meetings and selection of officers. She tried to mirror what was in other committees' charges/descriptions such as PACC and Cultural Council. Ms. Luck asked what has changed in the Salary Administration Plan (Article#7). Ms. Lemieux stated it cleans up the language on how vacation time is accrued, amends the provision of carrying over of excess time and changes the payout from the last week in June to the first week of July, brings the Family Medical leave section to be more in line with our town policy and defines what is an hourly employee. Motion: R. Ebersole 2nd: D. McQuaid To sign the Special Town Meeting Warrant ===PAGE 4=== WORKSHOP ON BOARD OF SELECTMEN REGULATIONS AND POLICIES Special Event Permit Policy Land Use Director Burney reported this was a followup to previous discussions. He has made some revisions to what a special event is. Draft #4 incorporates all the changes from #3-we had talked about one property holding multiple events and that becomes a zoning issue. We talked about prohibiting alcohol and recreational drug use (marijuana); obviously you can dictate that on Town property. Private events are not subject to requirements of liquor licensing. He is still proposing special events not exceed four days. Mr. Burney spoke to the Board of Health regarding restrooms and trash. Restrooms shall be cleaned daily or as necessary and trash should be picked up per the Board of Health. Regarding fireworks, the applicant must be licensed. He added wording regarding buffer zones as requested. He gave some guidance with a little leeway, if needed. The Board can waive the distance with written permission from the abutter. He moved on to layout, plans and documentation; what is this event going to look like and how is it going to impact the area? Mr. McQuaid had concerns about the buffer zone - he did not like the idea of getting permission from a neighbor to hold an event. This could affect churches, the farmers' market, the band concerts at the Town gazebo; to assume neighbors are always going to be reasonable is unrealistic. He believed the Board of Selectmen should make the final judgement. Further discussion ensued about the setback requirement. Steve Weaver, 288 Holman Street, talked about a resident holding private events where the music is loud and over 150 feet away, upsetting people who have to listen to that all hours of the night. The zoning should be taken into consideration. Ms. Adams asked about repetetive requests from the same person, where is the guidance on that? Mr. Burney pointed out the last part of the first paragraph under Guidelines, "Events that recur multiple times within a calendar year will not be considered." Mr. Toale asked how do you define a special event, how many people, how much music? We need to define special event a little differently because when you introduce music or alcohol or "the public," are they the criteria? Ms. Lemieux stated the original distinction was "open to the general public." Daron Massey, 300 Holman St, stated the word he wanted to keep repeating was reasonableness. We have had multiple popular events in Town. Events are critical to the social and economic health of our Town. Looking through the lens of legal counsel and land use could curtail events. He suggested to look at other towns that have noise ordinances and buffers that are reasonable. Mr. Ebersole stated we have a zoning discussion. When does a residential use turn into something else that is not residential because of the frequency? What are we regulating? What is a properly zoned event? Ms. Adams requested a more specific definition of a special event. Ms. Lemieux saw the distinction as a special event open to the general public on private property and ===PAGE 5=== we arent concerned about birthday parties or something like that. With the noise and smoke from campfires from events held at 300 Holman Street, we can't keep our windows open. By being invited on Facebook and being charged for those events, that is different than a private party. The zoning aspect needs to be taken into consideration. Tom Alonzo, 284 Lancaster Avenue, stated it comes down to what is the intent of this? You need to balance property owners' rights and protect the neighborhood by creating noise, health and parking ordinances. Police Chief Marino stated in Cambridge there is a committee that reviews special event permits. It is based on the location, any traffic or public health issues, how it affects the public safety; what changes it is the word "public," that is the trigger for a special event. Kathleen Wnuk, 503 Holman Street, stated she lives on a quiet little street. People have events, that is life. But having an advertised event on Facebook is really different. Having people there you don't know, wandering through the woods, makes us nervous. We are all worried about our property values. Daron Massey, stated it is important that we have a reality based conversation about what is happening in town, past and present. What's happened in the more recent history and what we would like in the future; to keep to facts would serve everybody. When it comes to noise, reasonable comes in again. Mr. Toale stated more work needs to be done. Ms. Lemieux asked what would you like for next steps? Mr. Ebersole stated he would like to see what other towns have and how they deal with it, especially the Cambridge one. He noted the proposed noise bylaw addresses noise during daytime hours. That may address the noise issue. Do we have regulations for traffic/parking during an event? If there are different standards out there that we can refer to, he would like to see them. Ms. Adams requested some simple exceptions listed, like weekly band concerts. Defining limits would be good too. Chief Marino stated you are already doing this, like with the car show, the tollbooth fundraisers; you make a plan to cover all these bases, pedestrian and neighbor issues, traffic etc. Under c. 181, issuance of a license, issues like pedestrian traffic, noise levels; these are all factored in. Mr. Toale recommended making this an agenda item considering everything we discussed tonight and publicize holding a public hearing in advance with a public draft. Board Policies Section 2.01 Access to Town Counsel Ms. Lemeiuex referred the Board to the amended language. Use of Town Counsel monthly office hours is restricted to town employees, board, committee, and commission members and legal questions must directly pertain to matters within their realm of jurisdiction and cannot be for personal interests. The Town Manager will assist citizens interested in submitting citizen's petitions for town meetings by acting as the conduit between Town Counsel with the legality and form of citizen petition articles. ===PAGE 6=== seen before signatures are obtained. One concern me as the us an united midity i a the part of the Town, Town Manager and Town Counsel to assist with the submission and the language that states acting as a conduit to Town counsel with the legality and form of citizen petition articles; and opining on the legality of petition articles while it should be on the citizen. We are happy to work with them but it puts the Town in a difficult position, particularly if this is submitted on the eve of a deadline. He recommended "may" versus "will," so as to not obligate the Town to assist with citizens' petitions. I'd further recommend that that latter part of the sentence, i.e. "by acting as..." be replaced with the following: "and may seek the advice of Town Counsel relative to the form and substance of these petitions, and their lawfulness and effect," or something similar. Ms. Adams stated having submitted a citizen petition before, she preferred "will" versus "may." She believed town government should be available for a citizen working on a petition, as they are a member of the legislative body of the town. Mr. Toale preferred Town counsel's wording as it does offer assistance and welcomes citizens to participate in government, but it also protects the Town as an entity on a legal level. Ms. Luck stated it protects the Town from increased legal expenses and it would be nice to have a timeline so it is not submitted at the last minute. Mr. McQuaid stated you need to have discretion; yes, the Town is working to serve the people but you don't get to tell a town employee that they are going to help you. Mr. Ebersole stated he was okay with the word "will," if it's not the legality. I think we should be helping people with the form of the citizen petition to make it proper to come before town meeting in order to vote on it. Mr. Costa clarified he is not looking to place an obligation on the Town unless you want to and also to be sure that you are not placing yourselves or Town counsel in a position to be giving legal advice to individual citizens. Yes, they (citizens) are the legislative body, but from a legal perspective you are the Town. My duty as Town Counsel is to the Board of Selectmen as the chief executive officials. So aside from changing the word "will" to "may' and that is left to your discretion, after the term Town Meeting where it says" by acting," I removed the portion that suggests the lown Manager would act as a conduit between Town counsel specifically where it then says with the legality in form of citizen's petition articles. I had said the Town Manager may seek the advice of Town Counsel relative to the form and substance of these petitions and their lawfulness and effect. She is still seeking the advice of Town Counsel but is not acting as a conduit between the individual for the purposes of getting legal advice. Further discussion ensued. Mr.Ebersole withdrew his motion. Motion: R. Ebersole 2nd: D. McQuaid To come up with wording as proposed by Town Counsel Vote: 4 in Favor, 1 against (Adams) ===PAGE 7=== (Excerpt from May 18, 2018 Minutes: "With regards to the lighting, there has been no talk about one candle, what does that mean? Typically the lighting is one light foot per square foot. That is not in your regulations. I believe that most towns require five light foots per square foot. Your regulation is incredibly low. If the officer had to go in and could see the people and use a flashlight to read the licenses, that's not odd.") Mr. McQuaid added part of issue at that time with the owner was that the business was closed so why have the lights on. Attorney Costa stated any bylaw that addresses things like lighting and noise is a challenge. There are two ways to regulate these, qualitatively or quantitatively or both. When you regulate qualitatively it is a more subjective standard which gives you some discretion. When you regulate quantitatively, it is more objective. The challenge is do you have the resources or the mechanism to complete the measurement and to then determine if there has been a violation and then to enforce the violation in a manner that will upheld in appeal? What Costa sees more often is a more subjective qualitative standard where it states lighting shall be sufficient to ensure the public safety at all times on the premises. Mr. Toale stated one of the reasons he wanted to review our alcohol-related regulations was to ensure that ours were within reason vis-a-vis other towns or legal statutes to be able to defend them when an occurrence happens. So are ours sufficient to allow us to enforce them as the local licensing authority? Attorney Costa stated he believed the answer was yes, he has seen all sorts of liquor licensing policies and guidelines. Lunenburg's are in the middle compared to others; he believed they had enough substance, but if you want recommendations or me to provide a more section by section narrative approach, he could provide that. Mr. Ebersole suggested checking with the Police Department, as the agents of the local licensing commission, whether they feel supported enough and they understand the language. Chief Marino commented with respect to the lighting issue, windows cannot be obscured; we need to be able to see inside the building from the outside. Officers should be able to see a driver's license indoors without the assistance of a flashlight. They have had to address this before. Mr. Ebersole stated another reason we review these regulations is to become familiar with them so when we hold a violation hearing we are prepared. Some of the discussion we had is when do you issue a warning, suspension or revocation of a license? What do we really think is important? He suggested Town Counsel do a cursory review of the regulations with the Police Chief on what things might be changed and bring it back to us. Section 4.02 Bring Your Own Bottle Attorney Costa reported he did a section by section review of this and Lunenburg's policy is nearly identical to what he has seen in other towns. One question presented to him was can there be a carry in permit for a place such as Shady Point Campground or some other locale that is not a restaurant? The easy answer to that is no. Municipal BYOB regulation is for food service establishments that are open-to-the-public per the issuance of a common victualler's license. He was not aware of a community that has regulated the consumption of alcoholic beverages ===PAGE 8=== the sale of pre-prepared or rapidly-prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building, in cars on the premises or off the premises altogether." 3. (g) The Board may refuse to grant a carry in permit in certain geographical areas of town...or when not allowed as permitted use under a Special Permit... Costa asked when "what" is not allowed? He found the wording to be confusing. To qualify for a carry-in permit, the applicant must be a common victualler. It is the restaurant use that qualifies it. He questioned "no common victualler's license will be issued to operate a food-and-beverage establishment where it is prohibited by zoning." Suggestion was made to find out why it was in the policy and that we shouldn't have any wording that we can't defend. 4. Obligations of a Common Victualler Attorney Costa noted other possible obligations of the Permittee, for consideration: (i) a requirement to order and consume food on the premises; (ii) restriction(s) on uncorking, pouring or sealing of bottles by common victuallers; (iii) mandatory employee training. (b.) mentions dining room or dining rooms but what about outdoor seating areas? 6. Penalties for Violation Attorney Costa stated he clarified the first paragraph and commented on the second paragraph regarding multiple violations by the same customer or patron or arising out of the same event; he was unsure about the enforceability of penalties imposed as part of a licensing/permitting policy that are due from the customer or patron. He will further research this. 7. Suspension, etc. of Carry In Permit Attorney Costa wondered about the provision to revoke or deny; does the Board wanted to use the word "willful. " What about negligent or grossly negligent? Willful is a different standard legally than negligent. Negligent gives you more flexibility in enforcement. 4.17 Taxicabs Attorney Costa stated Ms. Lemieux has asked if anyone was regulating Uber and Lyft? These services are regulated at the state level. G.L. c. 159A½, adopted by the Legislature as Chapter 187 of the Acts of 2016 (Aug. 5, 2016), entitled "Transportation Network Companies," and specifically Section 10 thereof, states in part: "Except where expressiy set forth in this chapter, no municipality or other local or state entity, except the Massachusetts Port Authority, may... require any additional license for a transportation network company or transportation network driver... or... subject a transportation network company to the municipality's or other local or state entity's... requirements, including but not limited to entry or operational requirements; provided, however, that a municipality or other local or state entity may regulate traffic flow and traffic patterns to ensure public safety and convenience." Mr. Ebersole asked if we CORI limousine drivers rather than just the owner. Ms. Peterson stated since she has been here she has run CORIs on any new drivers. ===PAGE 9=== notice of hearing (look at Hopkinton, MA regulations and speak with Town Counsel if this type of regulation requires approval by Department of Public Utilities." Attorney Costa stated the Town cannot prohibit double poles. Acknowledging that the presence of double pole sets for prolonged periods while attachments are transferred from the old to the new pole present aesthetic and safety concerns" and further conceding "that G.L. c. 164, § 34B places a ninety-day limit on the utility pole replacement process," the Supreme Judicial Court nonetheless concluded, in Boston Edison Co. v. Town of Bedford, 444 Mass. 775 (2005), that although there is no express legislative intent to forbid local activity regarding double pole removal, the comprehensive nature of G.L. c. 164 implies that the Legislature intended to preempt municipalities from enacting legislation on the subject." It was noted the utility company can't just remove poles due to other lines (cable, phone etc.) being attached. It has to be done sequentially. Ms. Lemieux asked if this would prohibit the Board from not granting a pole petition due to other double poles in town? Attorney Costa stated legally he would not recommend it. 5.02 Road Acceptance or Road Discontinuance Attorney Costa noted his changes in the section mimicking statutes but also providing some flexibility for language and others that just made sense. Ms. Lemieux had asked, "Isn't it a requirement to vote to layout the road at public meeting and then can be voted at town meeting?" Attorney Costa had answered "Not a statutory requirement, except where the road acceptance includes a taking by eminent domain (where the owners-of-records of the road must be given 7 days' notice)." Motion: R. Ebersole To change Section 5.02 Road Acceptance changes as provided by Town Counsel 2nd: D. McQuaid Vote: All in Favor 7.10 Social Media Policy Attorney Costa stated he did not make section by section comments purposely but made some comments. He had associate, Kate Feodoroff, review it as she has done this for a number of communities. She believed this to be sufficient. One question Ms. Lemieux had was can this be applied to both elected and appointed officials? Ms. Feodoroff agrees whole heartedly with applying the social media policy to elected and appointed officials. Sarah Bellino (of our firm) drafted Easton's policy, which Ms. Lemieux included in the Board's packet. Including public officials is critically important because residents who appear before public bodies should feel that they are receiving a fair hearing (which is undermined by misbehavior on social media). If Ms. Lemieux is interested, Ms. Fedeoroff is working on a draft policy with Newbury that addresses use of equipment, email, social media and public records/OML compliance when using technology. It is still a working draft and we are trying to figure out if our policy ===PAGE 10=== a sta ss at work, asked about an appointed official who is considered an employee; can they not use their social media when they are at their committee meeting? Discussion ensued about making personal comments on social media while at work. Mr. Costa stated the Town has a zero tolerance policy, but there will always be exceptions. So bes i make some sense to try to place some limitations unit as ablazed is just adopting a zero Mr. Toale thought this was important enough to not talk in generalities. We should drill down and be specific as to how it affects paid employees of the Town, what they say on behalf of the Town, what they say on their own personal sites on their own time. We should talk about representatives of the town that are not employees, but are employees by this definition. Committee members, elected and appointed, maybe they are different. We should be very specific about what is appropriate and what isn't. Even if it is unenforceable it should be a norm that we understand is appropriate. Mr. Ebersole stated there would be value to split it up three ways; employees, appointed and elected officials and cite some examples. Mr. McQuaid stated the important sentence to him was "As representatives of the Town of Lunenburg, employees should exercise caution with respect to comments they post concerning the Town as employees or officials." We should be holding ourselves to a higher standard not engaging in misinformation, fear mongering or bullying or anything like that online and we shouldn't be doing anything that could portray your personal thoughts as the thoughts of the Board. Further discussion ensued about free speech, open meeting law and communication by elected officials versus multiple member bodies. Mr. Ebersole believed as a public official he has the ability to speak on a topic in a public forum and it doesn't count as deliberation. Ms. Lemieux noted electronic communication by one member of a multiple member board, even though no one else on that board responds back, is deemed deliberation and a violation of open meeting law. Attorney Costa contirmed that is the case for electronic communications like emails. The challenge with other sorts of social media is that some of that deliberation is occurring in public. Mr. McQuaid presented a possible scenario to Attorney Costa: if Mr. Toale goes on Facebook and says something about a topic the board has been discussing that I disagree with or I believe is factually wrong, and then the comment section starts going, I have to wait until we convene again to express my opinion? Costa stated that is the challenge because the argument is if you respond, one could argue that is deliberation because you are discussing a matter that is within the jurisdiction of the Board and you are doing so outside of a Board meeting. Ms. Luck stated if I go to "Discussing Lunenburg" and I express my opinion on something we are going to deliberate next week, I have just silenced all four of you; you can't respond because then it's deliberation. So it is inconsiderate of me to say it to begin with. Mr. Toale stated we should have our discussions here where we are in public on an agenda in front of anyone who wants to know about it. If it happens at three in the morning on a FB page that somebody is moderating, that ===PAGE 11=== media. Mr. Ebersole would like to have specific guidelines on what would be the best practice on what to say or not. Mr. Toale stated Town counsel can provide some guidance but further discussion by the Board is needed Mr. Toale reviewed the upcoming meeting schedule. The next meeting is November 6' , we meet with the School Committee on the 7th PUBLIC COMMENT: Ms. Adams noted Saturday is Homecoming and the parade, Sunday is the Miles for Myles Run and the Ham and Bean Supper is Saturday at 4 pm at Eagle House. Motion: R. Ebersole To adjourn the meeting at 10:30 p.m. 2nd. K. Adams Vote: All in Favor Respectfully submitted, Elaine m Peterson Elaine M. Peterson Executive Assistant to the Town Manager RECEIVED & FILED DEC 10 2018 LUNENBURG TOWN CLERK OFFICE ======================================================================================== DOCUMENT : 2018-11-06-agenda-5124.txt BOARD : select-board DATE : 2018-11-06 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-11-06-agenda-5124.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11062018-5124 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN November 6, 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 Tollbooth Fundraiser Request- Salvation Army- December 8th 7:15 PM Change of D/B/A for FIFTY MASS AVE. LLC, D/B/A The Bootlegger to Simon-Pure Public House, 50 Massachusetts Avenue, License # 02697-RS-0636 7:20 PM Update from the Skate Park Committee 7:25 PM Public Hearing on Board of Selectmen License and Permit Fees IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Resignation from Greg Bittner from the Planning Board and Green Communities Task Force Appointment to Agricultural Commission Jorge Marzuca-389 Page Street- Member-term to expire June 30, 2021 V. TOWN MANAGER REPORT VI. CURRENT BUSINESS 1. Discussion on FY20 Budget and Board of Selectmen priorities 2. Review Capital Facilities Bond Bill and Economic Development Bond Bill Requests and discuss projects to advocate moving forward; votes may be taken 3. Review Charge for Economic Development Committee; Vote may be taken 4. Vote to Return License #04341-RS-0636 to SEAN FLAN,INC d/b/a Sean Patrick’s due to no action by Golden Pyramid Inc, d/b/a Sean Patrick’s 5. Minutes/ Warrants/ Action File Issues 6. Committee Reports 7. Department Reports VII. OLD BUSINESS 1. Board of Selectmen Goals a. Town Assets: Discuss next steps of an Action Plan for Activities During FY19 for proceeding with moving town offices to the TC Passios building 2. Section 3.06 Investment Policy and Section 2.07 Appointment Policy; votes may be taken 3. Discussion on Special Town Meeting articles ===PAGE 2=== 4. Sale and acquisition by the Town of the 161 and 171 Gilchrest Street properties, respectively, with apputenant interests, all as described in Purchase & Sale Agreements signed on or about October 19, 2018, including authorizing the same and designating a Board member as authorized signatory to effect the foregoing. Vote(s) to be taken. VIII. UPCOMING MEETING/EVENTS SCHEDULE November 7, 2018 (Joint meeting with School Committee); STM November 13 (6:30 p.m.); November 20, 2018, December 4, 2018; IX. PUBLIC COMMENT  PUBLIC  BOARD X. ADJOURN ======================================================================================== DOCUMENT : 2018-11-07-agenda-5125.txt BOARD : select-board DATE : 2018-11-07 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-11-07-agenda-5125.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11072018-5125 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN November 7, 2018 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor AGENDA In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being recorded and broadcast over the Lunenburg Public Access channel. I. Open Meeting II. Joint Meeting with the School Committee Topics of Discussion:  The future of Turkey Hill Elementary School (long term plan) and 10 year projected costs;  Their input on the conceptual plan the Selectmen received from the architect hired to provide three different conceptual designs to consolidate town offices currently located in the Town Hall and Ritter Building, School central offices (including the ACE program), the Cable Department, and community use spaces such as the gym and kitchen area;  Inclusion of a town representative to participate in union negotiations;  School population projections and what that means for future building needs;  The role of liaisons (i.e. the Selectmen have been discussing the role of their liaisons to various boards/committees);  Joint planning opportunities such as events, outreach, and communication. III. ADJOURN ======================================================================================== DOCUMENT : 2018-11-07-minutes-5125.txt BOARD : select-board DATE : 2018-11-07 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-11-07-minutes-5125.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11072018-5125 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Board of Selectmen: Jamie Toale, Chairman; Damon McQuaid, Clerk; Phyllis Luck, Member; Katey Adams, Member Not present: Robert Ebersole, Vice Chairman Also Present: Heather Lemieux, Town Manager; Dr. Kate Burnham, School Superintendent: John Londa, Facilities Director School Committee Members: Heather Sroka, Chair; Wendy Bertrand, Vice Chair; Carol Archambault, Secretary; Meredith Weiss, Jim LaVeck The meeting opened at 7:00 p.m. The School Committee conducted their business and then participated in the workshop with the Board of Selectmen. Mr. Toale called the Board of Selectmen meeting to order at 7:27 p.m. this and thanked the School Committee for meeting with them. The Board had a list of items they wanted to discuss with the School Committee: 1) The future of Turkey Hill Elementary School (long term plan) and 10 year projected costs Mr. Londa reported on the ten-year Capital plan for Turkey Hill Elementary School (THES) that outlines projected costs from FY20 through FY25. Part of the Capital Plan includes ongoing asbestos abatement; removing spray-on asbestos from the ceilings as well as affected floor tiles and the associated glues that hold the tiles. One other significant item occurs in FY 24; requesting $500,000 as a placeholder for 50% of the cost of a potential Massachusetts School Building Authority (MSBA) project to reroof Turkey Hill Elementary. At that time, we will need to decide if we are going to proceed with the project. If we do use the MSBA for the rerooting, we could not return to them to request more funding for THES for ten years. The total cost for the Capital Plan for THES is $955,000, which includes the reroofing amount. Ms. Luck asked if the MSBA counts individual projects or one project as a whole? Mr. Londa stated we could do projects on other schools. He was planning to do another for a boiler system upgrade through MSBA on the Primary School in FY26. Mr. McQuaid asked the group if they foresaw starting a conversation about renovation or replacement of THES. Dr. Burnham stated it would be at least a year or two in advance because we would have to express our intent for a project with MSBA. Discussion about the possibility to add on to THES ensued. Ms. Sroka pointed out the time to think about that would be when the roof needs to be replaced. Mr. Toale asked what role can the Town or the Board of Selectmen or any other town resource provide help with? He noted MRPC has a lot of data about demographics, housing etc. Discussion about projecting enrollment ensued. RECEIVED & FILED JAN 16 2019 LUNENBURG TOWN CLERK OFFICE ===PAGE 2=== building. Ms. Adams asked about mixed use of the space for students and the general public; how does that sharing happen and keep students safe? She had concerns about using the building as a Town Hall and the impact on student safety and traffic flow. She believed congesting that space has a negative impact. Mr. LaVeck stated the Boys and Girls Club representatives should be included in any discussion about the availability of extra space and how they would deal with safety. Discussion about varied access for different needs in the building ensued as well as the traffic flow. Mr. Toale stated he did not share Ms. Adams' concern and was supportive of CORI checks and security cameras. He noted the center of town is gravitating toward the school campus, with the Senior Center, the Public Library, the Teen Center all being in the general area. Memorial Drive will become a thoroughfare and we'll figure out how to manage the traffic. His concern was if we are going to share space, are there any academic requirements that we aren't aware of. Dr. Burnham stated we are seeing an increase in new enrollments of younger children. It would be prudent for us to look to use available space for relocating our Pre-K classrooms, currently we have two. We also service children with disabilities that have been identified early. We may have a need for a third classroom in the near future. We have the Early Learning Center and Extended Day Program. We will have to have six first grade classes and anticipate six kindergartens for next year. Ms. Adams asked if TC Passios would be better utilized as an overflow building for the school department. She wanted to know what the $2 million of immediate repairs cited in the Vertex building study would pay for. Dr. Burnham did not foresee needing the entire TC Passios building, for even our expanding needs during the school day as an additional school building. But if we are talking about empty classrooms/space, before demolition, please check in with me first. 3) Inclusion of a town representative to participate in union negotiations Ms. Luck stated when she looked at the last union contract and the effect it would have, she felt the contract did not look at what were the goals of the school system. Could the school system afford this? Adding a million dollars over three years is a lot. She did not think this would benefit the school system. About 70% of the budget goes to the school, so the Town has a huge stake in this. The School Committee would benefit from having someone from the Town; Town Manager, the Finance Director or a Finance Committee member... someone with a more global look at the budget, participate in negotiations. Mr. Toale asked who currently participates in the negotiations. Ms. Sroka stated the School Superintendent, two members of the School Committee and our Business Manager too, but he was not with us last time we negotiated. Dr. Burnham stated she foresaw working with the Town Manager in this process as well. Both boards agreed that the Town Manager would be involved in the negotiations. ===PAGE 3=== various boards/committees) Mr. Toale asked what should be the relationship between our two boards and how do we best communicate, advocate etc.? Discussion ensued. Suggestion was made to share the School Superintendent's report and as the Town Manager's report between the two boards. Ms. Lemieux noted her report is done weekly so it might not be on a broader view. It would only capture what happened that week. Each board will decide what type of format to send 6) Joint planning opportunities such as events, outreach, and communication Discussion about the Selectmen participating in Homecoming Parade ensued. Ms. Sroka noted she just found out they were not invited but will be in the future. Mr. Toale stated traditionally the Board members have not been invited. Ms. Adams stated she had attended. It was suggested by Ms. Sroka that the School Committee members attend Annual Town Meeting. It was suggested to check with other private and non-profit organizations to get dates of their upcoming events so they do not conflict with town events. Another suggestion was to ask The Lunenburg Ledger to print an event calendar. Follow-up points: • Ms. Lemieux will provide the conceptual plans of town buildings to the School Committee members for them to review at one of their future meetings and provide input on their needs to the Board of Selectmen. • Each Board will begin to send their reports in December and check in in March to see how the format is working. • Town Manager will participate on the school union negotiations. Ms. Sroka suggested everyone tour Turkey Hill Elementary School after school hours to see what it looks like inside and to where the asbestos removal has occurred. Mr. Toale thanked the School Committee members for discussing the items with them. Mr. McQuaid motioned to adjourn the meeting and Ms. Luck seconded. Vote: All in Favor The meeting adjourned at 9:01 p.m. Respectfully submitted, Elainem. Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2018-11-13-agenda-5126.txt BOARD : select-board DATE : 2018-11-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-11-13-agenda-5126.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11132018-5126 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN November 13, 2018; 6:30 PM Lunenburg Middle/High School LMS Collaborative Classroom D132 1079 Massachusetts Avenue AGENDA I. Open Meeting II. Pre- Special Town Meeting Discussion of Warrant Articles with possible questions and votes for recommendations on warrant articles III. Adjourn ======================================================================================== DOCUMENT : 2018-11-20-agenda-5082.txt BOARD : select-board DATE : 2018-11-20 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-11-20-agenda-5082.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11202018-5082 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN November 20, 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 Joint Appointment with Planning Board for vacant Planning Board seat; Votes to be taken 7:10 PM DPW Director Report on Pavement Management Plan and Drainage 7:30 PM Tax Classification Hearing as required by M.G.L. Ch. 40 §56 on the issue of allocating the local property tax levy among the four classes of real and personal property for Fiscal Year 2019. 7:40 PM Finance Director Report: Quarterly Financial Report IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Heavy Equipment Operator-William O’Neill Cultural Council- Ashly Faherty-298 Highland St. - term to expire June 30, 2021 Thia St. Martin- 488 Holman Street- term to expire June 30, 2021 V. OLD BUSINESS 1. Earth Removal Permit(s) Renewals: a. P. J Keating Compancy permit # 14, 15, 16, 17 & 30 b. Powell Stone & Gravel Inc, permit# 32 2. Confirmation of the Board of Selectmen vote on November 6, 2018 re: Sale and Acquisition by the Town of the 161 and 171 Gilchrest Street properties; Votes may be taken 3. 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 VI. TOWN MANAGER REPORT VII. CURRENT BUSINESS 1. Midyear Update from Town Manager on Annual Goals 2. Minutes/ Warrants/ Action File Issues 3. Committee Reports 4. Department Reports VIII. PUBLIC COMMENT  PUBLIC  BOARD ===PAGE 2=== IX. UPCOMING MEETING/EVENTS SCHEDULE December 4, 11, 18, 2018 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, Inc., et al. v. Town of Lunenburg, et al., Land Court Docket Nos. 13 MISC 477878 through 13 MISC 477887, and O’Brien Homes, Inc. v. Town of Lunenburg Planning Board, et al., Appeals Court Docket No. 2018-P-1520. XI. ADJOURN ======================================================================================== DOCUMENT : 2018-11-20-agenda-5133.txt BOARD : select-board DATE : 2018-11-20 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2018-11-20-agenda-5133.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11202018-5133 ======================================================================================== ===PAGE 1=== Select Board Meeting- Executive Session1.