# select-board — 7 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 : 2019-03-19-minutes-5185.txt BOARD : select-board DATE : 2019-03-19 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-03-19-minutes-5185.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_03192019-5185 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Board of Selectmen present: Jamie Toale, Chairman; Damon McQuaid, Vice Chairman; Phyllis Luck, Clerk; Katey Adams, Member Others present: Heather Lemieux, Town Manager, Adam Burney, Land Use Director; Jim Marino, Police Chief; John Londa, Facilities Director; Steve Malandrinos, IT Director; Patrick Sullivan, Fire Chief; Jo McLaughlin, PACC Coordinator; Ellen Griffin, Asst. Town Clerk; Nancy Forest, Payroll & Benefits Coordinator; Kathy Herrick, Town Clerk; Myleen Mallari, Treasurer/Collector; Sally Deming, Asst. Treasurer/Collector; Louise Paquette, Administrative Assessor; Sheila Craigen, Principal Assessing Clerk; Jack Rodriquenz, DPW Director; Kit Walker, Facilities Technician; Elaine Peterson, Executive Asst.; Marjorie Boggio, Planning Board Administrative Asst.; Lisa Normandin, Building Admin. Asst.; Samantha Tucker, DPW Admin. Asst.; Debbie Lincoln, Susanna Jewell PACC Members: Pete Lincoln, Steve Walker, Steve Archambault Mr. Toale called the meeting to order at 1:00 p.m. and stated the main purpose today was to meet with the Public Access Cable Committee and town employees to discuss town facilities and the action plan to consolidate town offices at the T.C. Passios Building (TCP). He reported they had already met with other groups such as the Architectural Preservation District Committee, the Lunenburg Historical Society, Historical Commission members, the School Committee, Parks Commission, ad hoc Open Space Committee and Conservation Commission. They are also scheduling one more focus group meeting with "abutters," (Library, Senior Center, Teen Center) to the property. He requested feedback from those present today and offered to answer any questions. Articles will be on the Annual Town meeting to request approval to conduct a detailed study of what costs will be involved in consolidating the offices, PACC studio space and school administration at the TCP. Ms. Lemieux asked for some of the challenges that are involved with working in Town Hall and the Ritter Building that could be improved upon, if provided. Ms. Mallari stated we need more storage space for filing and storage. She stated she felt bad for elderly people who have to use the chair lift during early voting; they don't know how to use it and sometimes get stuck. She stated the temperatures are always changing in the building due to poor circulation in the building. She noted that every time she comes into Town Hall she begins to sneeze. She stated the cleaners don't really clean thoroughly so her assistant vacuums. Is there mold in the building? Is the air healthy? She added that sometimes people have to go between different buildings to get their permits approved and get frustrated. ===PAGE 2=== it will continue to function. In four years, I have had five birds in my office. You never know when they are going to pop in. People come upstairs all the time looking for the Building Department and I have to send them across the street. They are funneled around and it is not good customer service. There is no place in the lobby to fill out forms. It's not conducive to a professional office atmosphere. Ms. Boggio asked what is the plan for file storage. We have to go up a pull-down ladder in Ms. Normandin's office to go up into the Ritter attic. Ms. Lemieux stated the conceptual design for TCP incorporates long-term file storage for all departments based on space needs. Ms. Deming stated along with the heat issue, it would be nice to have warm water to wash your hands in the bathroom. Ms. Craigen stated the Assessors are out of storage space in their office. Ms. Paquette stated she believes this building is sick, she is constantly coughing in the office; it never goes away. She would rather have the windows open to get fresh air rather than AC on because she can't breathe. She stated she doesn't cough at home. She believes the Assessors' office needs to be near the Treasurer/Collector office so people don't have to walk all over the place. Ms. Normandin likes her office but the kitchen facilities in the building are nasty; debris falls from the ceiling. She has no air conditioning in her office but she considered that a tradeoff for privacy. She noted the lack of storage as well. The attic is freezing, she postpones going up there unless absolutely necessary. When someone else has to go up there, it's disruptive. Also, if everyone was in the same spot, it would also be good for accountability because some people just come and go. Kit Walker stated his concerns would be what the renovation would look like and what would be involved with the new building as far as getting rid of the old material in the building so it doesn't have to be dealt with again. Heating and cooling is inconsistent in this building (Town Hall). It is a constant type of a call; you get calls for different things. In the winter, it's too cold and in the summer time, it's too cold. In the Ritter it's different, you have an old building and it's not set up for that type of system. Electrical systems; we have ghost power failures in some of the offices, circuit breakers going off. It's happening every day. A new central location would improve a lot but like anything else, what is the foundation like, what are the beginning stages of reconditioning a building and making sure the HVAC is laid out right. You need plenty of power in each office to operate whatever equipment you have. Storage; we started taking files over to TCP and we have already filled up one classroom. Space is going to be very important for keeping permanent files in one spot. It would be nice to go to one place to fix everything. What is going to happen to Town Hall and the Ritter when/if we move out? Are they still going to have to be maintained to a certain point? Mr. Londa stated on the school side, the TCP has many needs. The Tappe study addressed many things, but there are holes in that study like roof replacement and such. He believed the $4 ===PAGE 3=== GAYYAYYYYY TAYTAAYYYAYY AYAYYA MAT NAAN NISA AY AA AMATA Sand Aya ATYIAO adequate parking for visitors and staff somewhere near the entryway. You also need exterior lighting for the parking and whatever roadways are being used to access the building. Ms. McLaughlin stated power is an issue in TCP right now. There are three plugs in the PAC studio and there is no backup power. Ms. Herrick echoed the Town Hall issues and asked about the vault. Can she take the rolling shelving down to the TCP? The Board of Registrars needs twice as much space as they currently have. Ms. Peterson stated the interior walls are not sound proof so there is no confidentiality. You can hear conversations going on in the adjacent rooms. If there is an activity in the meeting room and we are trying to work, it is very disruptive. Everything echoes and is amplified, and makes it very hard to concentrate. Ms. Mallari noted the lack of adequate parking for the building. We are parking in the private parking lot in the back. Townspeople complain that there is nowhere to park. Mr. Toale asked as we design the space, what features would you consider important to better serve the public. • tables and chairs for people to fill out permit applications and other documents. • a place to sit while people are waiting for an appointment • a space for confidential conversations. • one level building • a central delivery place • easy access to stored records • break room for employees (Ritter) • greeter or receptionist to direct residents • wireless phones • central mailbox and copier (Ritter) • secure separate entrance to the building (PACC) to return equipment etc. • two egresses for offices Ms. Adams stated all these needs are essential but did not know if the only option was taking one building with many problems for another building that we know has many problems. She would rather see a new building being built where the old Primary school is. ===PAGE 4=== feedback. Mr. Lincoln stated by the 2020 census, 30% of our town population will be aged 60 years or older. The senior population is increasing. This building is a tremendous hardship for those people. There is no place to park and they can't get to the second story without difficulty. From our perspective, TCP is ideal. Please consider the seniors when you do your planning. Ms. Herrick stated she has been an advocate of the old Primary School location for a new town Hall; it has plenty of area for parking and the Historical Society. But she will go wherever she needs to go Ms. McLaughlin stated TCP is one level and it has lots of renovation needs, but once renovated it, she believed it was the best option. Ms. Luck stated we need to be fiscally responsible and conservative while getting the job done. We need to take the most practical approach or people won't vote for it. She thought renovating TCP and having one level as the most practical approach. We need to meet the needs of the seniors. Steve Walker asked about making a real studio and have the ability to cover more meetings with better technology. We have been talking about this ever since I have been here. Meeting rooms will be nearby. We are ready. Please join us at TCP. Please get rid of the asbestos so we can drill holes in the walls and put cable through to connect everything up. He would like to install a kitchen studio and need access to gas. It would be very popular. We can do a much better iob if you let us. Mr. Toale thanked everyone for coming and asked for more feedback if it comes up. Motion: D. McQuaid 2nd. K. Adams To adjourn the meeting Vote: all in Favor The meeting adjourned at 2:01 p.m. Respectfully submitted, Claire M. Peterson Elaine M. Peterson Executive to the Town Manager RECEIVED & FILED MAY 15 2019 LUNENBURG TOWN CLERK OFFICE ======================================================================================== DOCUMENT : 2019-03-19-minutes-5187.txt BOARD : select-board DATE : 2019-03-19 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-03-19-minutes-5187.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_03192019-5187 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Board of Selectmen present: Jamie Toale, Chairman; Damon McQuaid, Vice Chairman; Phyllis Luck, Clerk; Katey Adams, Member Others present: Heather Lemieux, Town Manager, Adam Burney, Land Use Director; Jim Marino, Police Chief; John Londa, Facilities Director; Steve Malandrinos, IT Director; Patrick Sullivan, Fire Chief; Jo McLaughlin, PACC Coordinator; Ellen Griffin, Asst. Town Clerk; Nancy Forest, Payroll & Benefits Coordinator; Kathy Herrick, Town Clerk; Myleen Mallari, Treasurer/Collector; Sally Deming, Asst. Treasurer/Collector; Louise Paquette, Administrative Assessor; Sheila Craigen, Principal Assessing Clerk; Jack Rodriquenz, DPW Director; Kit Walker, Facilities Technician; Elaine Peterson, Executive Asst.; Marjorie Boggio, Planning Board Administrative Asst.; Lisa Normandin, Building Admin. Asst.; Samantha Tucker, DPW Admin. Asst.; Debbie Lincoln, Susanna Jewell PACC Members: Pete Lincoln, Steve Walker, Steve Archambault Mr. Toale called the meeting to order at 1:00 p.m. and stated the main purpose today was to meet with the Public Access Cable Committee and town employees to discuss town facilities and the action plan to consolidate town offices at the T.C. Passios Building (TCP). He reported they had already met with other groups such as the Architectural Preservation District Committee, the Lunenburg Historical Society, Historical Commission members, the School Committee, Parks Commission, ad hoc Open Space Committee and Conservation Commission. They are also scheduling one more focus group meeting with "abutters," (Library, Senior Center, Teen Center) to the property. He requested feedback from those present today and offered to answer any questions. Articles will be on the Annual Town meeting to request approval to conduct a detailed study of what costs will be involved in consolidating the offices, PACC studio space and school administration at the TCP. Ms. Lemieux asked for some of the challenges that are involved with working in Town Hall and the Ritter Building that could be improved upon, if provided. Ms. Mallari stated we need more storage space for filing and storage. She stated she felt bad for elderly people who have to use the chair lift during early voting; they don't know how to use it and sometimes get stuck. She stated the temperatures are always changing in the building due to poor circulation in the building. She noted that every time she comes into Town Hall she begins to sneeze. She stated the cleaners don't really clean thoroughly so her assistant vacuums. Is there mold in the building? Is the air healthy? She added that sometimes people have to go between different buildings to get their permits approved and get frustrated. ===PAGE 2=== it will continue to function. In four years, I have had five birds in my office. You never know when they are going to pop in. People come upstairs all the time looking for the Building Department and I have to send them across the street. They are funneled around and it is not good customer service. There is no place in the lobby to fill out forms. It's not conducive to a professional office atmosphere. Ms. Boggio asked what is the plan for file storage. We have to go up a pull-down ladder in Ms. Normandin's office to go up into the Ritter attic. Ms. Lemieux stated the conceptual design for TCP incorporates long-term file storage for all departments based on space needs. Ms. Deming stated along with the heat issue, it would be nice to have warm water to wash your hands in the bathroom. Ms. Craigen stated the Assessors are out of storage space in their office. Ms. Paquette stated she believes this building is sick, she is constantly coughing in the office; it never goes away. She would rather have the windows open to get fresh air rather than AC on because she can't breathe. She stated she doesn't cough at home. She believes the Assessors' office needs to be near the Treasurer/Collector office so people don't have to walk all over the place. Ms. Normandin likes her office but the kitchen facilities in the building are nasty; debris falls from the ceiling. She has no air conditioning in her office but she considered that a tradeoff for privacy. She noted the lack of storage as well. The attic is freezing, she postpones going up there unless absolutely necessary. When someone else has to go up there, it's disruptive. Also, if everyone was in the same spot, it would also be good for accountability because some people just come and go. Kit Walker stated his concerns would be what the renovation would look like and what would be involved with the new building as far as getting rid of the old material in the building so it doesn't have to be dealt with again. Heating and cooling is inconsistent in this building (Town Hall). It is a constant type of a call; you get calls for different things. In the winter, it's too cold and in the summer time, it's too cold. In the Ritter it's different, you have an old building and it's not set up for that type of system. Electrical systems; we have ghost power failures in some of the offices, circuit breakers going off. It's happening every day. A new central location would improve a lot but like anything else, what is the foundation like, what are the beginning stages of reconditioning a building and making sure the HVAC is laid out right. You need plenty of power in each office to operate whatever equipment you have. Storage; we started taking files over to TCP and we have already filled up one classroom. Space is going to be very important for keeping permanent files in one spot. It would be nice to go to one place to fix everything. What is going to happen to Town Hall and the Ritter when/if we move out? Are they still going to have to be maintained to a certain point? Mr. Londa stated on the school side, the TCP has many needs. The Tappe study addressed many things, but there are holes in that study like roof replacement and such. He believed the $4 ===PAGE 3=== GAYYAYYYYY TAYTAAYYYAYY AYAYYA MAT NAAN NISA AY AA AMATA Sand Aya ATYIAO adequate parking for visitors and staff somewhere near the entryway. You also need exterior lighting for the parking and whatever roadways are being used to access the building. Ms. McLaughlin stated power is an issue in TCP right now. There are three plugs in the PAC studio and there is no backup power. Ms. Herrick echoed the Town Hall issues and asked about the vault. Can she take the rolling shelving down to the TCP? The Board of Registrars needs twice as much space as they currently have. Ms. Peterson stated the interior walls are not sound proof so there is no confidentiality. You can hear conversations going on in the adjacent rooms. If there is an activity in the meeting room and we are trying to work, it is very disruptive. Everything echoes and is amplified, and makes it very hard to concentrate. Ms. Mallari noted the lack of adequate parking for the building. We are parking in the private parking lot in the back. Townspeople complain that there is nowhere to park. Mr. Toale asked as we design the space, what features would you consider important to better serve the public. • tables and chairs for people to fill out permit applications and other documents. • a place to sit while people are waiting for an appointment • a space for confidential conversations. • one level building • a central delivery place • easy access to stored records • break room for employees (Ritter) • greeter or receptionist to direct residents • wireless phones • central mailbox and copier (Ritter) • secure separate entrance to the building (PACC) to return equipment etc. • two egresses for offices Ms. Adams stated all these needs are essential but did not know if the only option was taking one building with many problems for another building that we know has many problems. She would rather see a new building being built where the old Primary school is. ===PAGE 4=== feedback. Mr. Lincoln stated by the 2020 census, 30% of our town population will be aged 60 years or older. The senior population is increasing. This building is a tremendous hardship for those people. There is no place to park and they can't get to the second story without difficulty. From our perspective, TCP is ideal. Please consider the seniors when you do your planning. Ms. Herrick stated she has been an advocate of the old Primary School location for a new town Hall; it has plenty of area for parking and the Historical Society. But she will go wherever she needs to go Ms. McLaughlin stated TCP is one level and it has lots of renovation needs, but once renovated it, she believed it was the best option. Ms. Luck stated we need to be fiscally responsible and conservative while getting the job done. We need to take the most practical approach or people won't vote for it. She thought renovating TCP and having one level as the most practical approach. We need to meet the needs of the seniors. Steve Walker asked about making a real studio and have the ability to cover more meetings with better technology. We have been talking about this ever since I have been here. Meeting rooms will be nearby. We are ready. Please join us at TCP. Please get rid of the asbestos so we can drill holes in the walls and put cable through to connect everything up. He would like to install a kitchen studio and need access to gas. It would be very popular. We can do a much better iob if you let us. Mr. Toale thanked everyone for coming and asked for more feedback if it comes up. Motion: D. McQuaid 2nd. K. Adams To adjourn the meeting Vote: all in Favor The meeting adjourned at 2:01 p.m. Respectfully submitted, Claire M. Peterson Elaine M. Peterson Executive to the Town Manager RECEIVED & FILED MAY 15 2019 LUNENBURG TOWN CLERK OFFICE ======================================================================================== DOCUMENT : 2019-03-25-agenda-5152.txt BOARD : select-board DATE : 2019-03-25 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-03-25-agenda-5152.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_03252019-5152 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Monday, March 25, 2019 6:30 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. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. 6:30 PM Open Meeting 6:35 PM Meet with Planning Board to interview and jointly appoint to the Planning Board vacancy until the Next Annual Town election; a vote will be taken Adjourn ======================================================================================== DOCUMENT : 2019-03-28-agenda-5153.txt BOARD : select-board DATE : 2019-03-28 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-03-28-agenda-5153.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_03282019-5153 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Thursday, March 28, 2019 6:30 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. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. 6:30 PM Open Meeting Attend the Finance Committee meeting/public hearing on the FY2020 Budget Adjourn ======================================================================================== DOCUMENT : 2019-04-02-agenda-5154.txt BOARD : select-board DATE : 2019-04-02 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-04-02-agenda-5154.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04022019-5154 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Tuesday, April 2, 2019 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. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. 7:00 PM PLEDGE OF ALLEGIANCE I. PUBLIC COMMENT  BOARD  PUBLIC II. ANNOUNCEMENTS III. APPOINTMENTS 7:05 PM Public Hearing Flammable Storage License –NJLJ Properties, LLC, at 400 Electric Avenue 7:15 PM PM Continuation of One Day Entertainment License Hearing for Sat. June 8th from 11 a.m. to 5 p.m. 300 Holman Street; Daron Massey (45 Photography Display booths and Food Vendors) Continuation of One Day Entertainment License Hearing for July 19th 4:00- 6:30 p.m. (cont.)for 300 Holman Street; Anthony Bovenzi/North Worcester County Pride (Social, Cooking Fire, Arts & Crafts, Vigil) Continuation of Sunday Entertainment License Hearing for July 21st from 11 a.m. to 4:00 p.m. (cont.) for 300 Holman Street, Anthony Bovenzi/North Worcester County Pride (Drag Show and Presentation) IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Resignation of Full Time Police Officer and Appointment as a Reserve Police Officer- Robert DiConza Appointment of Board of Selectmen representative to the Land Acquisition Committee Appointment of Board of Selectmen and Member at Large to the Americans with Disabilities Committee V. OLD BUSINESS 1. Correction on Land Acquisition Committee composition 2. Discussion on Town Manager Performance Evaluation Process 3. Discussion on Town Manager recommended FY20 Budget 4. Discussion on ATM Warrant Articles with Recommendations and Vote to Sign ATM Warrant VI. TOWN MANAGER REPORT VII. CURRENT BUSINESS 1. Minutes/ Warrants/ Action File Issues 2. Committee Reports 3. Department Reports- ACO Quarterly Report VIII. UPCOMING MEETING/EVENTS SCHEDULE April 9, 16, 2019 IX. PUBLIC COMMENT  PUBLIC  BOARD X. ADJOURN ======================================================================================== DOCUMENT : 2019-04-02-minutes-5154.txt BOARD : select-board DATE : 2019-04-02 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-04-02-minutes-5154.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04022019-5154 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== The meeting opened at 7:00 PM with the Pledge of Allegiance. Mr. Toale announced in accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over the Lunenburg Public Access channel. He announced the Class II Auto Dealer license hearing for 40 Summer Street originally scheduled for tonight has been rescheduled to Tuesday, April 9 at 7:00 PM. Ms. Lemieux announced Global Youth Service Day; English Community Service Learning Projects at the Lunenburg High School on April 10" from 6-8 PM. PUBLIC COMMENT: Tom Alonzo, 284 Lancaster Ave., announced today is the 10 day countdown to next Friday's Boys & Girls Club of Lunenburg fundraiser, "Are You Smarter Then A Sixth Grader?" It is a great event, family-oriented and new this music Will be added this year. It starts at 7:00 PM at the Lunenburg High School; he hoped people would support them with donations and attendance Teri Burchfield, 118 White Street, stated following the last Finance Committee meeting, there was a comment that by the Finance Committee's lack of discussion, it appeared they were rubber stamping the Town Manager's proposed FY20 budget. She voted yes on the Capital Plan knowing there is still time to address the cost of the fuel tanks between now and the time the project would occur and whether or not there are going to be any savings through grants. As far as the rest of the budget and more controversial items in it, the Assistant Town Manager position has been in the budget in the past and was eliminated back in 2012. As we have been working over the past six years we have been trying to restore positions. and this is one of the last ones to go back. I think it is a necessary position, 1 see a lot of use for that position. I see a lot of places where it would be helpful to have someone with that kind of a background in personnel and HR experience especially as we haven't discussed level services for a very long time. It would be good to have somebody who could spearhead that. She was also supportive of the Parks Director position being restored; she would have supported it as a full-time position. I have seen the vision described in the Open Space & Recreation Plan and the committee being able to such for taking care of in thesitures Theatre ly have. Yes posin tike to supple te shots pilore beckor arks and found out that the Finance Committee has supported budgets in the last two years that increased 6.5% in 2018 and 3% last year and this year. We have seen a lot of services put back in that program and in my mind I am looking down the road between now and fall town meeting. There is still more information to come that may make that such not a bad thing. Sarah Cammer, 304 Lancaster Ave, stated she said everything she needed to say at the Finance Committee meeting but ya be Pine conte mangal would like to say to the Board that you have a choice about whether you approve the warrant article and the current budget. For everything I said at the Finance Committee meeting, I hope you choose another option. Resignation of Full Time Police Officer and Appointment as a Reserve Police Officer- Robert DiConza Police Chief Marino recommended Robert DiConza be appointed as Reserve Police Officer. Bob began his career in Law Enforcement when he served as an Auxiliary Police Officer in the City of Fitchburg and then as a full-time Deputy Sheriff with the Worcester County Sheriff's Department where he served as an Equestrian Officer. While working as a Deputy Sari. blane Luiselag pRice Departmen and the Sherit Department to ake a ved in that position ement job with the Myrtle Beach, S. Carolina Police Department. Bob returned to Massachusetts in 2004, was appointed as a full- time officer on July 30th, and successfully completed the MPTC Police Academy in Boylston. Bob has since been trained in many career development areas including standardized field sobriety training, and accident investigation. For many ===PAGE 2=== ms beme ive barbara Reynolas, yoz Flat Fill Road, to thepodium. Ms. Keynolds stated it is an honor to serve the town. She was informed about the ADA committee by Ms. Lemieux and was waiting for the Attorney General to approve it. Ms. Reynold's daughter-in-law has multiple sclerosis and she thought this would be a good way to serve the town. Motion: D. McQuaid 2n': P.Luck To ratify the Town Manager appointment of Ms. Reynolds as a member at large to the American with Disabilities Act Commission Vote: All in Favor Public Hearing Flammable Storage License -NJLJ Properties, LLC, at 400 Electric Avenue Mr. Toale read the hearing notice: The Licensing Authority will hold a public hearing on Tuesday, April 2, 2019 at 7:05 p.m. at Town Hall, 17 Main Street, znd Floor, Lunenburg, on an application from NJL.J Properties, LLC, 280 Ayer Road, Harvard, MA for keeping, storing and selling 40,000 gallons of gasoline and diesel fuel underground on property located at 400 Electric Avenue. Jamie Toale, Chairman, Board of Selectmen/Licensing Authority Carolyn Parker, 3 Lorion Ave, Worcester, MA, presented on behalf of the applicant, NJLJ Properties, LLC. This is the second gas station that this person will be building in Lunenburg. We have been approved by the Planning Board and are here to get the storage license. The gas station will be a self-serve gas station. The Fire Chief has signed off on the application. Motion: D. McQuaid To approve the license for gasoline and diesel storage at 400 Electric Avenue 2nd: P. Luck Vote: All in Favor • Continuation of One Day Entertainment License Hearing for Sat. June 8th from 11 a.m. to 5 p.m. 300 Holman Street; Daron Massey (45 Photography Display booths and Food Vendors) • Continuation of One Day Entertainment License Hearing for July 19th 4:00- 6:30 p.m. (cont.) for 300 Holman Street; Anthony Bovenzi/North Worcester County Pride (Social, Cooking Fire, Arts & Crafts, Vigil) • Continuation of Sunday Entertainment License Hearing for July 21st from 11 a.m. to 4:00 p.m. (cont.) for 300 Holman Street, Anthony Bovenzi/North Worcester County Pride (Drag Show and Presentation) Attorney Robert Bowen, representing Daron Massey, stated the presentation he is making is dramatically different from what he planned due to a recent explosion on social media; criticism, rumors, innuendoes, all regarding the applicant. It is defamation of character and it needs to stop. We need to have the conversation here based on fact and the law. If it doesn't stop, my client is going to have to take appropriate action. I raise it here tonight because I am aware that members of this board and some members of other land use boards are present on social media and I am not saying I have seen anyone participating, but I know some of you are there and have seen these conversations and you can't not hear them. As you probably are aware, we have petitioned for two warrant articles that are related to these types of issues. One proposes a new use, not just for this property but for others as well. The other proposes a special event permitting process using the same model that the Board has been working with, with some tweaks. I believe it is important we explain what we have done. With the timing of everything, we had to act before the warrant closed. We were pushed in the direction of proposing a new use so that is what we have done. It is a placeholder to keep the conversation going and it is our hope to present something in a unified manner to Town Meeting to decide. We were confused when the Board asked for more information at the last meeting; we provided that for the first event. There were concerns about the number of people and the hours and we answered those. Still not knowing what the Board was looking for I followed up with a letter to the Town Manager again inviting someone to tell us what further ===PAGE 3=== who is having it. We are talking about an event on a piece of property and whether it requires an entertainment license and if it does, what are the requirements for it. I am having trouble with the cease and desist on the use of the property for this purpose and I'm told until that is cleared, the event can't happen. So we are being asked to approve an entertainment license that would be approved if the zoning issue were cleared up. I still feel uncomfortable going against what our Building official has said and the reason that is that the couple we've done so far while we have built formal policy were done in absence of the formal policy or ruling by zoning or building. Attorney Bowen stated he provided a letter to the Town Manager and Land Use Director outlining what he believes are the legal issues. It is our position that although obviously related, this Board's function and the Building Commissioner with the Zoning Board's function are two different things. There is case law and I provided citation to it that the licensing process is very different from the zoning process and they have their different concerns and spheres. You are not going against the zoning, which has not been finalized. You are making a different determination and MGL c. 140, §181, which is the entertainment licensing statute, lays out very specifically four criteria that the Board is supposed to consider when it reviews these entertainment licenses. Whether the event is a nuisance, whether there is traffic, whether there is disruptive conduct or excessive noise. The statute does not say anything about zoning, and the Board can take the zone that it is in under consideration just like they can consider there is 140 acres to consider. They can also consider the location of where the event is and the event location of abutters is hundreds and hundreds of feet. I don't think it is legally permissible for the Board to say it doesn't comply with zoning, we are not going to do it. Even if you thought you could, I don't think you should and I go back to my opening remarks. I don't want this Board to feel bullied by what's going on social media. We would like the Board to say if that is the case, that these are the kind of events that we want people to share their property with. That would be the position we would go forward with in the zoning process as well. Ms. Luck stated that she avoids social media, so she is not aware of any of that. Secondly, in the letter from Building Commissioner Rhodes, he says, "also during our March 2017 meeting, we discussed your proposal at the time for a one-time event. I opined that because the proposed event was limited in scope and duration, it would be allowed if the Board of Selectmen issued an entertainment license." So in this he is saying if the Board issues an entertainment license. it is allowed. Attorney Bowen stated he did not want to put words in Mr. Rhodes' mouth, but it seems to me with respect to the underlying zoning, Mr. Rhodes seems to think that there is a magic number of events that somehow transfigures something from a primarily residential use to a commercial use. That is what the discussion is going to be at the Zoning Board of Appeals. Mr. Rhodes seems to be of the opinion that one event is okay; unclear from that opinion whether two events are okay or whether ten events is not okay. That is the zoning issue. Mr. Toale asked the Board to consider these three events as one unless they would prefer to take them individually. He added he would not be bullied by social media. Mr. Toale asked for public comment but to please consider if you have spoken before, we have heard it and you don't need to say it again but if you do feel you need to, it's your right. Derek Matson, 4 Windermere Drive, stated there are many related topics happening concurrently in regards to this property. I'd like to focus solely on the three events being reviewed tonight. On March 19, 2019, Mr. Rhodes placed a cease and desist order on 300 Holman Street for events that are prohibited under the Town's zoning bylaws. The Board must respect this order while considering the request for three additional entertainment licenses. They must also consider the message that would be sent to the town as a whole if they choose to grant these licenses. A yes vote would only encourage additional violations and would not be in anyone's best interest. The cease and desist order only verifies the owner's past history of disregard of the zoning bylaws. It should be clear that the Board should deny this individual any and all permits not allowed by zoning. Although they could not be here tonight, I do want to mention that Kathleen and Vincent Wnuk of 503 Holman Street and Steve and Linda Whitman of 473 Holman Street have written this Board with opposition statements for these license requests. I also have a letter from David Prokowiew, 733 West Street, who could not attend tonight, who asked if I could read his letter aloud with your permission. Mr. Toale allowed it. Mr. Prokowiew's ===PAGE 4=== let him do whatever he wants so he won't develop the land. That is not how democracy works. Each person, Dr. Massey and his neighbors are equally important. Helen Obermeyer Simmons, 323 Northfield Road, showed photographs from the Lane collection now housed in the Fitchburg Art Museum and the Museum of Fine Arts, and emphasized that if the photography was held there, there would be a lot of interest. We need to conduct ourselves with respect and share what they think should happen in town. I personally would like to see more events. Tom Alonzo, 284 Lancaster Ave, reminded that the Board is being asked to act on requests for entertainment licenses. He pointed out that if you were to approve the license it does not overturn Mr. Rhodes' decision or that it is an affront to him. The applicant has been asked to meet with town officials and everything that he has done has been agreed. The licenses are what is within your decision not the zoning. The decision of the zoning official was just made two weeks ago and they have a right to appeal and that has its own timeline and hurdles. If the decision was made to not grant the licenses and he clears those zoning issues, he would be out of time in order to get his licenses. Let the zoning appeal take its course. Ana Lockwood, 91 Main Street, stated she placed a public records request from the town and was curious to see how much Mr. Massey's neighbors complained about. What concerns her about the cease and desist letter Mr. Massey received, was that one of the events that Mr. Rhodes listed was a democratic political event to meet State Representative Stephen Hay. Are we now using zoning to restrict political activities? Another event was to host students from the Innovation Academy. This list of events starts in 2014. Can you imagine living in a house and having your neighbors taking notes on who you have over? Mr. Rhodes thinking Mr. Massey is running a business there is ridiculous. I have hosted events in my backyard. These are events that are happening in town. The Lanes had events at their home when they lived there. We have a small group of neighbors that are making this into a witch-hunt. How much of our town resources are we using to deal with the neighbor that you don't like? I don't see the events listed here to be much more than what we all have in our homes. Mr. Toale stated we have a policy not to take significant votes without a full board. But this one in particular we owe an answer to the applicant. Motion: D. McQuaid 2"i: P. Luck To approve the one-day entertainment licenses for Sat. June 8 and July 19 and the Sunday entertainment license for July 21 with the stipulation all concerns are met listed in the memorandum from the Land Use Director and that no event shall exceed 250 attendees and times of the events are adhered to as listed in the applications presented Discussion: Mr. McQuaid stated taking the zoning out of this, if anyone else in town came forward with this application, I would approve the licenses. I understand there is a history with the neighborhood and that is being taken care of in zoning. Ms. Luck stated she appreciated Mr. Alonzo's clarification of some points. Mr. Toale stated at least me and hopefully this Board respects the order issued by Mr. Rhodes and we support the Building Department in pursuing the zoning side of this, but we feel it is not relevant to the entertainment license and our decision. Vote: All in Favor OLD BUSINESS 1. Correction on Land Acquisition Committee Composition Ms. Lemieux reported at the last meeting, the Board discussed the composition of the land acquisition committee and the Finance Committee member was inadvertently left off. To clarify, there are two Open Space Committee members, one being a Planning Board member by proxy. The two Open Space Committee members will be Brandon Kibbe and Paula Bertram, because she is the Planning Board member by proxy on Open Space Committee. Tonight we are looking for a Selectman member for that committee. ===PAGE 5=== Terry stated as long as you have a summary document at the end of this process, my recommendation is that the Board vote on that to accept whatever is presented, then yes, you have accomplished that goal. Then issues raised individually are the expression of one particular board member's position. Ms. Luck stated since our evaluations are a matter of public record we can read them during the evaluation meeting. Mr. Terry corrected they become a public record if they are read. The document that is voted on by the Board that represents the view of the Board as a whole is reviewed in public and becomes a public record. Ms. Luck stated she planned to bring her evaluation and to refer to it, so it will be a matter of public record. Mr. Toale stated think of it from the point of view as an employee, it is part of your personnel file but it is tough enough to have a composite be public record for the whole town to hear about it. If you were an employee, would you like everybody's input to be a public record that everybody in town gets to see? Ms. Luck responded if I was the Town Manager I certainly would. She repeated she will bring her evaluation to the meeting and refer to it and hoped other board members would do the same. She requested a copy of each Board member's evaluation. Mr. Toale believed the objective is for the board to have a discussion and to build a composite. The change in the Open Meeting Law is that I have always been able to share everybody's package. Further discussion ensued about the change to the evaluation process necessitated by the Open Meeting Law and the exemption regarding personnel records. Mr. Toale asked if there were any other questions for Attorney Terry. Mr. Toale reviewed the Town Manager evaluation process schedule. The Board thanked Mr. Terry for coming in tonight. 3. Discussion on Town Manager recommended FY20 Budget Ms. Lemieux stated this is a follow-up before we go through the Annual Town Meeting warrant articles for any questions. She directed the Board to the PowerPoint presentation she gave at the Finance Committee meeting. Regarding the Assistant Town Manager/HR Director position: • Education and Experience typically needed for this position are Bachelor's in Public Administration, Human Resource Administration, Business Administration or related field; 5-7 years of related experience, preferably in a municipal setting. • As part of HR function, duties would include: (The Town has 4 unions, 5 contractual positions, and the remaining employees are under the Salary Administration Plan) • Work with all department heads on hiring, disciplining, and termination of employees • Research and create competitive compensation system to retain qualified individuals • Research, prepare, and recommend personnel policies and practices • Assist in interviewing and selection of candidates • Provide guidance to all department heads regarding personnel policies and procedures • Grievance Procedure Administration • Investigate, mediate, and resolve personnel problems • Employee Recruitment • Develop procedures and oversee orientation for new employees • Maintain and recommend revisions to Employee Handbook As part of the Asst. Town Manager role, duties would include: • Assist with Procurement and putting bid packages together • Other special projects as assigned Ms. Lemieux also included a slide of the Town Charter Article 4, section 2, showing all the responsibilities and roles of the Town Manager. The reason she is recommending this Asst. Town Manager position is to create greater efficiencies for ===PAGE 6=== Attorney Terry's opinion on that. Ms. Lemieux stated Attorney Terry has confirmed that it does not apply to this position. Ms. Luck stated she disagreed. We need to consider hiring a town engineer. She believed the Asst. Town Manager and the Parks Director positions should be removed from the budget. Discussion ensued about the hours for the Parks Director. Discussion then turned to the Asst. Town Manager/HR Director Position. Ms. Lemieux read a portion of the letter from Attorney Terry, I am writing in response to your request for advice regarding whether you need to follow the Administrative Plan requirements set forth in Article 5, Section 5-l(b) of the Town Charter if you are creating a new HR Director/Assistant Town Manager position in the proposed budget. Article 5, Administrative Organization, calls for the "grouping of town agencies into convenient units for the delivery of municipal services. The organization of the town into operating agencies for the provision of services and administration of the government may be accomplished through either one of the methods provided in this Article. " Section 5-l (a) allows for the Town Meeting, by Bylaw, to reorganize, consolidate, create, merge, divide or abolish any town agency, in whole or in part, or to establish new town agencies as it deems necessary or advisable. Alternatively, Section 5-l(b) allows the Town Manager to accomplish the same type of changes by developing a plan of reorganization after consultation with the Board of Selectmen. The Board would then be required to hold at least one public hearing regarding the plan. Under this alternate approach, the plan may be implemented if the Town Meeting does not disapprove the plan by a majority vote within 60 days. In short, Article 5, by either of these approaches, applies to the reorganization, consolidation, creation, merger, division or abolition of existing town agencies, in whole or in part. The proposal to add a new position of HR Director/Assistant Town Manager is not a reorganization, consolidation, creation, merger, division or abolition of a town agency, in whole or in part, as contemplated by Article 5. Rather, this is a new position in the office of the Town Manager. By comparison, if the Town would be creating a new Human Resources Department, for example, Article 5 would apply." Mr. Toale stated we need to talk about a warrant article that addresses the entire budget. Ms. Luck believed the Board should not vote on it tonight without the full Board present. Mr. Toale stated we need to review all the town meeting warrant articles because it is going to print before we meet again. If we want our opinion in the warrant that is mailed out, we have to vote tonight. We don't have to vote on every article but we need to review what is being printed to make sure we are okay with it. We have a unique situation as we are a four-member board this year and we may have a deliberation and a vote where there are two for and two against an article. At that point, we have to say that the Board has no recommendation one way or the other. Ms. Lemieux stated she received the redlined version from legal counsel and some minor language changes have ta is ariu woe changes haicle been made to some of the articles, excluding the citizen petition articles. Attorney Costa is still working on Article 34 which is the one submitted by Zoning Board of Appeals as it needs additional wording. ARTICLE 1. To see if the Town will vote to hear and/or accept the regular written reports of the Town Officers and Committees; or take any other action relative thereto. (Submitted by Board of Selectmen) Finance Committee no recommendation) Motion: D. McQuaid To recommend Article 1 2nd: P. Luck Vote: All in Favor ARTICLE 2. To see if the Town will vote to amend the general by-laws of Town to establish and authorize revolving funds for use by certain town departments, boards, committees, agencies or officers under Massachusetts general Laws Chapter 44, Section 53E ½, by deleting the Table in Section 135-8.D and substituting the following Table therefor; or take any other action relative thereto. (Submitted by Town Manager) ===PAGE 7=== Timber Rights School Custodial Special Details Green Thumb Library Revolving Conservation Commissior School Committee School Committee Library Trustees Council on Aging/MART Revolving Proceeds of Timber Rights Charges/Fees for Outside Details Sales of Items from Green Thumb Program Library Fines, Pe Begins, Donations MART Prograin Reimbursements and User Fees Stormwater Task Force Revolving Electrical, Gas, Plumbing Inspector Revolving Council on Aging/COA Director Stormwater Task Force/DPW Director Building Department Sale of Rain Barrels and Composting Bins inspections, 80% of fees collected from plumbinge Bas Technology Revolving Town Manager, IT Director, and Land Use Director Acquisition/Improvement of Conservation Land and associated costs on Land and None None Payment of Special None Details for Outside Functions Expenses related to the None Operation of the Green Thumb Program Purchase of Library and None Information Materials, Document Information, and Electronic Data Delivery Dispatch, Operation, None Maintenance and Record Keeping of Elderly Transportation Program Purchase of additional Rain Barrels/Composting Bins Payment of all charges and fees related to electrical, plumbing, and gas inspections Payment of software fees, software upgrades, and equipment related to electronic permitting None None None fiscal Year zo19 and Fiscal Year 2019 and subsequent years Fiscal Year 2019 and subsequent years Fiscal Year 2019 and subsequent years Fiscal Year 2019 and subsequent years Fiscal Year 2019 and subsequent years Fiscal Year 2019 and subsequent years Fiscal Year 2019 and subsequent years Motion: D. McQuaid To recommend Article 2 2": P. Luck Vote: All in Favor ARTICLE 3. To see if the Town will vote to authorize revolving funds for various departments, boards, committees, agencies or officers pursuant to Massachusetts General Law Chapter 44, Section 53E ½ for the fiscal year beginning July 1, 2019 to be expended in accordance with the by-law heretofore approved; or take any other action relative thereto. (Submitted by the Town Manager) (Finance Committee Recommends Approval) Revolving Fund Ambulance Billing Timber Rights School Custodial Special Details Green Thumb Library Revolving FY20 Spending Limit $100,000 $10,000 $13,000 $5,000 $12,000 ===PAGE 8=== payment ot pror year expenses; or take any other action relative thereto. (Submitted by the rinance Director (Finance Committee Deferred) Ms. Lemieux stated there was one outstanding prior year expense of $500.00 but that number could change so you may want to defer that. The Board concurred. ARTICLE 5. To see if the Town will vote to transfer from available funds, all sums of money necessary to amend the amounts voted for the Town's FY 2019 Budget, under Article 7 of the May 5, 2018 Annual Town Meeting and Article 1 of the November 13, 2018 Special Town Meeting; or take any other action relative thereto. (Submitted by the Town Manager) (Finance Committee Deferred) Ms. Lemieux reported the plan is to transfer snow and ice costs. The Board deferred on this article. ARTICLE 6. To see if the Town will vote to raise and appropriate, borrow, or transfer from available funds a sum of money for the FY 2020 Capital Plan, as appearing in the Capital Planning Committee Report, or take any action relative thereto. (Submitted by the Capital Planning Committee) (Finance Committee Recommends Approval) The Board deferred on this article. ARTICLE 7. To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money to defray the charges and expenses of the Town for FY 2020 and to fix the salaries and compensation of all elected officials of the Town and any other items included in the budget of the Town Manager; or take any other action thereto. (Submitted by Town Manager) (Finance Committee Recommends Approval) The Board deferred on this article. ARTICLE, 8, To see if the Town will vote to replace the current Salary Schedule in Chapter 70, Section 70-8.A, the Salary Administration Plan of the General Bylaws with a FY 2020 Salary Schedule as recommended by the Personnel Committee, which authorizes a cost of living increase for Fiscal Year 2020, for permanent employees not covered by a collective bargaining unit agreement or individual contract and to authorize a COLA increase for Fiscal Years 2021 and FY2022; or take any other action relative thereto. (Submitted by the Personnel Committee) (Finance Committee Deferred) This will be presented at town meeting so the Board deferred. ARTICLE 2. To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money to the Stabilization Fund; or take any action relative thereto. (Submitted by Town Manager)(Finance Committee Recommends) Ms. Lemieux stated the amount of the transfer would be $100,000. Motion: D. MeQuaid To recommend Article 9 2"'': P. Luck Vote: All in Favor ARTICLE 10. To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money into the Special Purpose Stabilization Fund; or take any action relative thereto. (Submitted by Town Manager) (Finance Committee Recommends Approval) Ms. Lemieux stated the amount would be $200,000 out of Free Cash. ===PAGE 9=== 1o recommend Arucie 11 y vice All I Favor ARTICLE 12. To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money to operate the Sewer Enterprise Fund for FY 2020; or take any action relative thereto. (Submitted by the Sewer Commission) Motion: D. McQuaid 2": P. Luck To recommend Article 12 Vote: All in Favor ARTICLE 13. To see if the Town will vote to transfer from available funds the sum of $27,521 into the Sewer Capital Reserve Stabilization Fund; or take any other action relative thereto. (Submitted by the Sewer Commission) Motion: D. McQuaid To recommend Article 13 2™i: P. Luck Vote: All in Favor ARTICLE 14. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to operate the Solid Waste Disposal Program Enterprise Fund for FY 2020; or take any other action relative thereto. (Submitted by the Town Manager) (Finance Committee Recommends Approval) Motion: D. McQuaid To recommend Article 14 2nd: P. Luck Vote: All in Favor ARTICLE 15. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to operate the Water Department/Water Enterprise Fund for FY 2020; or take any other action relative thereto. (Submitted by the Town Manager) (Finance Committee Recommends Approval) Motion: D. McQuaid To recommend Article 15 2"': P. Luck Vote: All in Favor ARTICLE 16. To see if the Town will vote to establish, under Chapter 44, §53F ½, a Public Educational Government (PEG) Access Enterprise Fund, and transfer in to such fund all funds remaining in the Public Educational Government (PEG) Access and Cable Related Receipts Reserved For Appropriation Fund and the Comcast Tech Capital Grant Fund as of June 30, 2019; or take any other action relative thereto.. (Submitted by Public Access Committee) (Finance Committee Recommends Approval) Motion: D. McQuaid To recommend Article 16 2": P. Luck Vote: All in Favor ARTICLE 17. To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money to operate the Public Educational Government (PEG) Access Enterprise Fund for FY20; or take any other action relative thereto. (Submitted by Public Access Committee) (Finance Committee Recommends Approval) Ms. Lemieux reported the amount would be $152,000. Motion: D. McQuaid To recommend Article 17 2nd: P. Luck Vote: All in Favor ARTICLE 18. To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money from Public Educational Government (PEG) Access and Cable Related Receipts Reserved for Appropriation Fund to fund ===PAGE 10=== Motion: D. McQuaid To recommend Article 19 2"l: P. Luck Vote: All in Favor ARTICLE 20, To see if the Town will vote to appropriate a sum of $35,000 from the Sale of Cemetery lots account to be used for the care and improvement and embellishment of the Town Cemeteries; or take any other action relative thereto. (Submitted by Cemetery Commission) (Finance Committee Recommends Approval) Motion: D. McQuaid To recommend Article 20 2^: P. Luck Vote: All in Favor ARTICLE 21. To see if the Town will vote to transfer the care, custody, and control of the land and/or building(s) thereon known as the old Primary School Building and property, located at 30 School Street, shown on Assessor's Map 071, Lot 076 from the Board of Selectmen for general purposes to the Board of Selectmen for general purposes and for the purpose of conveyance, and to authorize the Board of Selectmen to convey a fee simple interest or any portion thereof, or to lease the property, on such terms and conditions as the Board of Selectmen deem to be in the best interest of the Town, and to execute any and all agreements and documents to effectuate said sale or lease of any of the properties and any portion thereof and to authorize and /or reauthorize the Board of Selectmen to sell and /or lease the parcel and/or buildings situated thereon, and/or subdivide in any manner said parcels and/or buildings situated and /or take any legal action necessary to effectuate the sale, lease, subdivision, and/or transfer of said land and buildings situated thereon; or take any other action relative thereto.. (Submitted by the Board of Selectmen) (Finance Committee Deferred) ARTICLE 22. To see if the Town will vote to transfer the care, custody, and control of the land and/or building(s) thereon known as the Brooks House and property, located at 1033 Massachusetts Avenue, shown on Assessor's Map 060, Lot 055from the Board of Selectmen for general purposes to the Board of Selectmen for general purposes and for the purpose of conveyance, and to authorize the Board of Selectmen to convey a fee simple interest or any portion thereof, or to lease the property, on such terms and conditions as the Board of Selectmen deem to be in the best interest of the Town, and to execute any and all agreements and documents to effectuate said sale or lease of any of the properties and any portion thereof and to authorize and /or reauthorize the Board of Selectmen to sell and /or lease the parcel and/or buildings situated thereon, and/or subdivide in any manner said parcels and/or buildings situated and /or take any legal action necessary to effectuate the sale, lease, subdivision, and/or transfer of said land and buildings situated thereon; or take any other action relative thereto.. (Submitted by the Board of Selectmen) (Finance Committee Deferred) ARTICLE 23. To see if the Town will vote to authorize the Board of Selectmen to convey the building known as the Brooks House, located at 1033 Massachusetts Avenue, which property is shown on Assessor's Map 060, Lot 055 from the Board of Selectmen for general purposes to the Board of Selectmen for the purpose of conveyance, and to authorize the Board of Selectmen to sell said building, and take any legal action necessary to effectuate the sale of said building; or take any other action relative thereto.. (Submitted by the Board of Selectmen) (Finance Committee Deferred) ARTICLE 24. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money for the design and engineering to consolidate town offices, school offices and community space at the building and land known as the TC Passios, located at 1079 Massachusetts Avenue, shown on Assessor's Map 060, Lot 055, and any and all incidental and related costs, including but not limited to, site evaluation, engineering and ===PAGE 11=== dated April 2, 2019, which is on file at the office of the Town Clerk, Board of Selectmen, and Planning Board; or take any other action relative thereto. (Submitted by the Planning Board) (Finance Committee Recommends Approval) Motion: D. McQuaid To recommend Article 25 2nd: P. Luck Vote: All in Favor ARTICLE 26. To see if the Town will vote to amend the Code of Lunenburg, to modify §250-4.1 by inserting §250-4.10 (1) Marijuana Cultivator; or take any other action relative thereto. (Submitted by the Planning Board) (Finance Committee Deferred) 4.10 4.10(1) NON- MEDICAL MARIJUANA USES Marijuana cultivator? RA RB - LB/R OP/l R VCD SS TT W - - - - - - 3. Per G.L. c. 94G, § 3(a) (2), marijuana cultivators, as defined by G.L. c. 94G, § 1, are prohibited within the Town of Lunenburg but expressly excluding Medical Marijuana Treatment Centers. Said prohibition shall be effective only upon passage by the voters at a regular or special Town election. 4.10 (1) "Marijuana cultivator", an entity licensed to cultivate, process and package marijuana, to deliver marijuana to marijuana establishments and to transfer marijuana to other marijuana establishments, but not to consumers. ARTICLE 27: To see if the Town will vote to amend the Code of Lunenburg, to modify §250-4.1 by inserting $250-4.10 (2) Marijuana Product Manufacturer; or take any other action relative thereto. (Submitted by the Planning Board) (Finance Committee Deferred) 4.10 4.10(2) NON-MEDICAL MARIJUANA USES Marijuana product manufacturer' RA RB LB/R OP/L R VCD - 4. Per G.L. c. 94G, § 3 (a) (2), marijuana product manufacturers, as defined by G.L. c. 94G, § 1, are prohibited within the Town of Lunenburg but expressly excluding Medical Marijuana Treatment Centers. Said prohibition shall be effective only upon passage by the voters at a regular or special Town election. 4.10(2) "Marijuana product manufacturer", an entity licensed to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers. ===PAGE 12=== effective only upon passage by the voters at a regular or special Town election. 4.10 (3) "Marijuana testing facility", an entity licensed to test marijuana and marijuana products, including certification for potency and the presence of contaminants. ARTICLE 22; To see if the Town will vote to amend the Code of Lunenburg, to modify §250-4.1 by inserting §250-4.10 (4) Marijuana Retailer; or take any other action relative thereto. (Submitted by the Planning Board) (Finance Committee Deferred) 4.10 NON-MEDICAL MARIJUANA USES RA RB LB/R OP/I R . VCD 55 TT 4.10(4) Marijuana retailer® - - 6. Per G.L. c. 94G, § 3 (a) (2), marijuana retailers, as defined by G.L. c. 94G, § 1, are prohibited within the Town of Lunenburg but expressly excluding Medical Marijuana Treatment Centers. Said prohibition shall be effective only upon passage by the voters at a regular or special Town election. 4.10(4)"Marijuana retailer", an entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers. ARTICLE 30: To see if the Town will vote to amend the Code of Lunenburg, to modify §250-4.1 by inserting §250-4.10 (5) Marijuana Transporter; or take any other action relative thereto. (Submitted by the Planning Board) (Finance Committee Deferred) 4.10 NON-MEDICAL MARIJUANA USES RA RB LB/R OP/I R VCD SS 4.10(5) Marijuana transporter? - 7. Per G.L. c. 94G, § 3(a) (2), marijuana transporter, as defined by G.L. c. 94G, § 1, are prohibited within the Town of Lunenburg but expressly excluding Medical Marijuana Treatment Centers. Said prohibition shall be effective only upon passage by the voters at a regular or special Town election. 4.10(5) "Marijuana Transporter" an entity, not otherwise licensed by the Commission, that is licensed to purchase, obtain, and possess cannabis or marijuana product solely for the purpose of transporting, temporary storage, sale and distribution to Marijuana Establishments, but not to consumers. Marijuana Transporters may be an Existing Licensee Transporter or Third Party Transporter. ARTICLE 31: To see if the Town will vote to amend the Code of Lunenburg, to modify §250-4.1 by inserting §250-4.10 (6) Marijuana Researcher; or take any other action relative thereto. (Submitted by the Planning Board) (Finance Committee Deferred) ===PAGE 13=== uses. Motion: D. McQuaid To not recommend Articles 26-31 2'': P. Luck Vote: All in Favor ARTICLE 32. To see if the Town will vote to accept G.L. c. 64N, § 3 to impose an excise on the retail sales of marijuana for adult use at the rate of 3 percent of the total sales price received by marijuana retailers as a consideration of the sale of marijuana or marijuana products; or take any other action relative thereto. (Submitted by the Board of Selectmen) (Finance Committee Recommends Approval) Motion: D. McQuaid To recommend Article 32 2n: P. Luck Vote: All in Favor ARTICLE 33. To see if the Town will vote to amend the Code of Lunenburg, Section 250-5.6, which is a Section of the Protective Bylaw, entitled "Cluster development," by adding the following, new Subsection F thereto: F. Anti-segmentation. No development or series of developments shall be segmented or phased, nor shall any contiguous parcels in single or common ownership as of or subsequent to the date of adoption hereof be conveyed or otherwise transferred, so as to avoid compliance with, defer or curtail the applicability or requirements) of this bylaw. It is not the form of ownership but control that determines single or common ownership hereunder, which shall expressly include ownership by affiliated or related persons and/or entities such as, but not limited to, business organizations in the same or similar ownership and joint tenancies, tenancies in common or trusts with a commonality of legal or equitable interests) therein; or take any action relative thereto. (Submitted by the Planning Board) The Board deferred, as there will be a presentation on this article. ARTICLE 34. To see if the Town will vote to acquire by gift the transfer of an approximately 0.79 acre parcel of land with any improvements) thereon situated on Whalom Road, being shown as Parcel A on a plan of land entitled "Plan of Land in Lunenburg and Leominster, MA Prepared for Whalom Road, LLC, August 17, 2016, Whitman & Bingham Associates, LLC" recorded with Worcester Northern District Registry of Deeds in Plan Book 508, Page 1; or take any other action relative thereto. (Submitted by Zoning Board of Appeals) Mr. Burney reported the Parks Commission has not voted on it and did not believe they would support it. The Board deferred at this time. Ms. Lemieux reported Articles 35 and 36 are proposed changes to the Town Charter submitted by the Charter Review Committee. ARTICLE 35. To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for the enactment of special legislation revising the Charter of the Town of Lunenburg, adopted at the Town Election in 1999 and filed in the Office of the Archivist of the Commonwealth as provided in Section 12 of Chapter 43B of the General Laws, as amended by the Town on May 3, 2008 and enacted by the Senate and House of Representatives of the General Court on October 8, 2009, generally as follows: ===PAGE 14=== (vill) (ix) (x) (xi) (xii) (xili) (xiv) (XV) (xvi) (xvii) (xviii) (xix) (xX) (xxi) (xxiI) (ххії) articles may be provided to the chairperson of the finance committee; by substituting the phrase "building commissioner" for the phrase "building inspector," in Sections 3-2(d) and 4-2(c); by replacing the term "affirm" with "ratify" as it relates to the ratification of certain appointments, in Sections 3-2(d), 3-10(c) and 3-14(c); by replacing the term "elect" with "appoint" as it relates to the school committee's appointment of a superintendent of schools, in Section 3-3(b)(1); by stating in Section 3-5(b) that certain matters are the board of cemetery commissioners' "sole" responsibility; by excepting the school department from the town manager's administration of personnel, in Section 4-2(e) by extending the town manager's authority to negotiate contract with employees to "bargaining units subject to ratification by the select board," in Section 4-2(1); by deleting references to certain Chapters of the General Laws, in Sections 4-2(m) and 5-3(d)(5); by stating in Section S-3(a) that the director of municipal finance may be either the town manager or his or her appointee; by requiring in Section 6-3 that the town manager's budget summary be mailed with the warrant to households with registered voters"; by changing "affect" to "effect" in Section 6-4, i.e. a grammatical correction; by adding a new Section 6-5(d) requiring that the proposed operating budget "identify all other available sources of funding"; by making certain clarifications to the requirements in Section 7-8(b) that multiple-member bodies post agendas of their meetings and act on items not included thereon only in emergency circumstances; by substituting the term "minutes" for the term "journal" in Section 7-8(c); by clarifying and modifying the process for the filling of vacancies in the membership of an appointed, multiple-member body, in Section 7-8(t); by stating that the notice of vacancy required by Section 7-10 does not apply to those on multiple- member bodies; and by making such other changes to the Charter as are consistent with or required by the above modifications thereto, as shown in the report hereinafter referenced; and to further authorize the Charter Review Committee to submit to the General Court for enactment as the revised Charter of the Town of Lunenburg the proposed legislation contained in the 2019 final report of the Charter Review Committee, effecting the foregoing changes, copies of which have been placed on file in the offices of the Town Clerk and Board of Selectmen, at Town Hall, and made available for public distribution at said offices of the Town Clerk and Board of Selectmen, at the main circulation desk of the Lunenburg Public Library and on the Town website forthwith following said filing; and to further authorize the Charter Review Committee to consult with the members of the General Court and to approve such changes or alterations to the draft text of the special legislation as may be required or suggested by the General Court, if any; or take any action relative thereto. (Submitted by the Charter Review Committee Motion: D. McQuaid To recommend Article 35 2"': P. Luck Vote: All in Favor ===PAGE 15=== (iii) (iv) (v) (vi) by modifying and replacing in its entirety Section 3-7(b), governing the powers and duties of the board of trustees of the public library; by increasing the membership of the board of park commissioners from three (3) to five (5), in Section 3-9(a); by stating that the town manager will be responsible for supervision, evaluation and personnel actions related to the positions of planning director and sewer business manager, in Sections 3- 10(c) and 3-14(c), respectively; by stating in Section 4-1 that the town manager screening committee shall submit "names)," not a "list," of qualified candidates to the select board in the event of a vacancy; (vii) (vili) (ix) by updating due process and procedures afforded the town manager preceding removal or suspension, in Section 4-5(b); by adding a new Section 7-11 relative to the enforcement of Charter provisions and the town general by-laws; and by making such other changes to the Charter as are consistent with or required by the above modifications thereto, as shown in the report hereinafter referenced; and to further authorize the Charter Review Committee to submit to the General Court for enactment as the revised Charter of the Town of Lunenburg the proposed legislation contained in the 2019 final report of the Charter Review Committee, effecting the foregoing changes, copies of which have been placed on file in the offices of the Town Clerk and Board of Selectmen, at Town Hall, and made available for public distribution at said offices of the Town Clerk and Board of Selectmen, at the main circulation desk of the Lunenburg Public Library and on the Town website forthwith following said filing; and to further authorize the Charter Review Committee to consult with the members of the General Court and to approve such changes or alterations to the draft text of the special legislation as may be required or suggested by the General Court, if any; or take any action relative thereto. (Submitted by the Charter Review Committee) Motion: D. McQuaid To recommend Article 36 2"I: P. Luck Vote: All in Favor Ms. Lemieux reported Article 37 is the proposed PILOT agreement with Borrego Solar. ARTICLE 37. To see if the Town will vote to authorize the Board of Selectmen to negotiate and enter into a payments in lieu of tax agreement ("PILOT") pursuant to the provisions of M.G.L. Chapter 59, Section 38H (b), and Chapter 164, Section 1, or any other enabling authority, between the Town and Borrego Solar, Inc. or its successors or assigns, for personal property attributable to solar photovoltaic facilities to be installed and operated in the Town of Lunenburg on land located at 190 Electric Avenue and as shown on Assessor's Map 77, Parcel 14 for a term of 20 years and on such terms and conditions and for such consideration as the Board of Selectmen deems appropriate and further to authorize the Board of Selectmen to take such action as may be necessary to carry out the vote taken hereunder; or take any other action relative thereto. (Submitted by the Board of Selectmen) (Finance Committee Deferred) Motion: D. McQuaid To recommend Article 37 2nl: P. Luck Vote: All in Favor ===PAGE 16=== 53-year use of a certain tract of land, described as follows: Beginning at the southeasterly corner of property of the Lunenburg Historical Society, Inc. on the westerly side of School Street, south 72° 09' 30" east approximately 79.5 feet to the westerly side of School Street at land to be retained by the inhabitants of Lunenburg, thence north 10°55" east approximately 145 feet to the point of beginning, consisting of approximately 0.25 acre, with exact angles and distances to be confirmed by survey; or take any other action relative thereto. (Citizen's Petition) (Finance Committee Deferred) ARTICLE 40. To see whether the Town will vote to amend its zoning bylaw by adding Section 240 4.1. J (7) "Exhibition and Workshops: Any outdoor or indoor farming or artistic performance or exhibition, including but not limited to, music, plays and staged readings, poetry, dance, farming and art fairs and exhibitions, or any lectures, talks, trainings or workshops on educational topics including but not limited to farming, health, nature, or art;" and by adding to Lunenburg Code Section 250 4.1.G (Use table) the corresponding use" 4.IJ(7) Exhibition and Workshops" to be allowed in all districts pursuant to an entertainment license or Sunday entertainment license by the Board of Selectmen, or act anything thereon. (Citizen's Petition) (Finance Committee Deferred) ARTICLE 41. To see whether the Town will vote to adopt a bylaw as follows: Special Event Permit Guidelines Welcome and Instructions The Town of Lunenburg is proud of the strong sense of community that exists amongst its residents. To further this sense of community the Town is happy to welcome special events from athletic events to concerts to community festivals. The goal of the Town of Lunenburg is to ensure that these events are safe and successtul, while minimizing the impact on our residents and businesses. The following instructions are intended to assist applicants in planning and preparing to carry out their special event. Accordingly, the Selectmen shall be authorized to grant permits for special events, as defined in this bylaw, subject to the rules and regulations governing special events set forth herein. Guidelines for Special Events A Special Event is any private event/activity held on public property or an event open to the general public held on private property that involves or affects, directly or incidentally, the ordinary use of parks, playgrounds, fields, public buildings, streets and rights-of-way and/or sidewalks. Special events may include, but are not necessarily limited to, athletic tournaments, concerts, fairs, festivals, holiday celebrations, parades, road or bicycle races, trainings workshops. Properties may hold multiple Special Events, with a maximum of 6 events per private property, in a calendar year given that the appropriate permits, approvals and inspections are in place. Events beyond 6 not permitted without reference to zoning in the district. Individuals or organizations wishing to hold Special Events on public or private property must obtain a Special Event Permit from the Town of Lunenburg. Special Event Permit Applications must be filed a minimum of sixty (60) days prior to the event, failure to do so may result in the denial of application. Exemptions: The following events are exempt from Special Event Permitting: • Town Events held on Town property • Events held in conjunction with the Lunenburg Public Schools or the Lunenburg Public Library • Events held by Private Membership Organizations where only members and guests are invite ===PAGE 17=== Alcohol / drug Use: Alcohol is prohibited in all Town of Lunenburg public property, including bulldings, parks, playgrounds, fields, etc. Any event on private property may provide alcohol for a fee, provided that there is strict compliance with the Town of Lunenburg policy regarding such (Town of Lunenburg Board of Selectmen Policies and Procedures, as amended). No Bring Your Own Bottle (BYOB) Permits may be issued for Special Events. Private events that serve alcohol for free or allow participants to provide their own alcohol shall not be subject to this provision. Recreational use of drugs shall be prohibited at any permitted Special Event that takes place on Town of Lunenburg property. This shall be deemed to include marijuana. Restrooms/Trash/Cleanup: The Town of Lunenburg may require event organizers to provide temporary toilet facilities. Temporary toilet facilities must be cleaned daily or as necessary per the Lunenburg Board of Health. Trash must be disposed of in approved containers. Trash pickup and disposal is to be performed as required by the Board of Health. The applicant must clean the right-of-way or public property of all rubbish and debris, returning it to its pre-event condition at the conclusion of the event. If the applicant fails to clean up debris and trash within the specified period, cleanup will be arranged by the Town and charged to the applicant. Traffic & Parking: Parking is permitted in designated areas only. The event organizer will be responsible for providing a parking plan to the Lunenburg Police Department for their approval. Parking may not interfere with event entrances or emergency Traffic and Parking Plans shall not violate Chapter 332 of the Code of Lunenburg. Signs: Signs are permitted, though approval may be required by the Building Inspector. No signs may be affixed to trees, buildings or street furniture. Smoking: Smoking is not permitted in any public facility, on school grounds or on recreational parks, fields or playgrounds. Fireworks: fireworks are not permitted within the Town of Lunenburg without proper licensing. Tents: Large Function Tents over 2500 sq. feet require an inspection or permit from the Town of Lunenburg Board of Health, Building and Fire Departments. Such structures require a flame resistant certificate issues by an acceptable testing laboratory, and site plan indicating a fire lane accessing the tents) or trailers), a fire extinguisher on-site and acknowledgement that no smoking, fireworks, or open flames will be permitted in the tents). Security/ Traffic Control: Events may require the hiring of police officers to provide for security and/or traffic control. BUFFER ZONE: All Special Events shall take place no less than one hundred feet (100°) from an abutting residential property. Upon submission of a written request supported by documentation the Board of Selectmen may reduce this distance at their discretion under reasonable circumstances. First Aid/Medical: Events may require provisions for first aid and medical personnel. Arrangements should be with a private service for the event. The Fire Department can provide a list of contacts. ACCESSABILITY: Any Special Event permitted through the Town of Lunenburg shall be accessible to all persons who may attend. This includes the provision of accessible parking spaces, paths, restroom facilities and any other reasonable accommodations that may be required. ===PAGE 18=== Location of Stage or Entertainment (if applicable) Route of Race (if applicable) Any Additional Event Features not listed. Insurance: At the discretion of the Board of Selectmen, all applicants must provide a certificate of insurance. Terms of insurance may be set by the Board of Selectmen in scope and financial amount at their discretion or set at the minimum amount of $1,000,000 for commercial general liability as a precondition for obtaining permits. The Certificate of Insurance must include all coverage deemed necessary for the event, as specified by the Town of Lunenburg and Town Counsel, including indemnification and hold harmless clause. The Certificate of Insurance must name the Town of Lunenburg as an additional insured on applicable policies. This Certificate and verification of Workers Compensation Coverage must be submitted to the Town Manager's Office no later than ten (10) business days prior to the date of the event. Final Special Event Permits will not be issued without submission of a Certificate of Insurance reflecting the necessary Workers Compensation Coverage to comply with State Law. Additional Permitting and Cost Requirements: Depending upon the Special Event, additional permits may be required by the Town of Lunenburg Departments. These may include, but are not limited to, permits for temporary food, food preparation, campground, athletic field use, merchandise sales, etc. The organizers of the event are responsible for obtaining any additional permits or licenses as determined by representatives of each Town Department before the issuance of the Special Event Permit. Modification: The Board of Selectmen may at their discretion based on the specifics of the applying event forgo any permit requirement in these guidelines. Enforcement: Town of Lunenburg Police, Fire or other staff so designated by the Town Manager, may request that a resident, event employee, or participant leave any park or public facility for violation of the rules and regulations. Special Event Permit Process: Filing of Special Event Permit Application & Supporting Material With Board of Selectmen Distribution of Material to Relevant Departments for Review Meeting of Relevant Departments To discuss event coordination Submission of Comments from Town Staff to BOS. BOS Public Hearing on Special Event Permit Vote on Special Event and Permit Issuance (Citizen's Petition) (Finance Committee Deferred) ARTICLE 42. This petition seeks to change the special permit granting authority in Section 4.13 (Solar Energy Systems) of the protective bylaws of the Town of Lunenburg. Under the current bylaw, the Planning Board grants special permits when it comes to photovoltaic installations. I am seeking to change the language so that the Zoning Board is the granting authority. I am proposing the following changes to §250-4.13. Solar energy systems: • §250-4.13 D. (1). Purpose (b) - .... "The special permit granting authority for these purposes shall be the Zoning Board of Appeals". • §250-4.13 D. (3). Siting by special permit-....."more than 20 ===PAGE 19=== of the Zoning Board of Appeals.....". (Citizen's Petition) (Finance Committee Deferred) ARTICLE 43. To see iff the Town of Lunenbrug would vote at Town meeting to move the sewer boundary on proposed Lot 7 back to 400' so new house could tie into the sewer main in Prospect St. This Lot 7 is presently shown on a draft plan Drawn by Whitman & Bingham Asso. dated March 21" 2019. The reason we can't tie into sewer now is that it is going to be a reduced Frontage Lot and to get the 175' at the Front of the Lot it pushes the house back out of the existing sewer boundary. This lot is currently owned by Amy Whitcomb Ricciuti & Charles B. Whitcomb. (Citizens Petition) (Finance Committee Deferred) Motion: D. McQuaid To sign the Annual Town Meeting Warrant for May 4, 2019 2nd: P. Luck Vote: All in Favor The Board signed five copies of the Town Meeting warrant. VII. CURRENT BUSINESS 1. Minutes/ Warrants/ Action File Issues The Board signed an accounts payable warrant in the amount of $228, 526.25; a payroll warrant in the amount of $788,245.10 and the payroll deductions warrant in the amount of $576,891.05. Motion: D. MeQuaid To sign the May 18'h Town Election warrant 2 : P. Luck vote: All in Favor The Board signed five copies of the election warrant. TOWN MANAGER REPORT Red Sox World Series Trophy Coming to the Eagle House When: Sunday, April 7th, 2:30-4:30pm Where: 25 Memorial Drive, Lunenburg, MA More information 2018 Red Sox World Series Trophy Coming to the Eagle House Senior Community Center! Sunday April 7, 2019; 2:30-4:30 PM $5 admission per family gets you in so you can snap a picture using your own camera with the trophy! All proceeds will benefit the Eagle House Supporters Inc. The Eagle House Supporters are the 501c3 fundraising group who provide funding for programs at the senior center such as the Memory Café, furniture, kitchen supplies, arts and crafts instructors, writing classes, and health/wellness programs. People of all ages and from surrounding communities are welcome to come! Dementia Friendly Kick-Off Event When; Monday, May 20th, 6pm Where; Lunenburg Library More information: This will be the big kick-off event for announcing that Lunenburg is in the process of becoming a recognized Dementia Friendly Community. Town officials, public, and legislators will be invited to attend, as well as an invitation to the Governor's Office and the Mass Council on Aging and Executive Office of Elder Affairs. ===PAGE 20=== I attended MassRecycle's Recycling Summit on March 25th and the speakers and content was very informative and relevant. Sessions covered the change in the recycling market since China's National Sword policy, the Department of Environmental Protection's response to assist cities and towns adjust to these changes, a discussion on contract terms with haulers of recycling and solid waste, and recycling education campaigns to reduce contamination. The message from DEP is that the change in the recycling market is going to require more education, a thoughtful approach to innovation, and a citizenry that wants to do the right thing when it comes to recycling. We have a good regulatory process in Massachusetts that will get us through this difficult time in the recycling market. DEP has responded with a variety of technical assistance programs and capital equipment grants to start up such things as a glass recycling facility. The Town joined as a partner to MassDEP's Recycling Smart Initiative and 1 plan on applying for the Recycling IQ Kit Grant, which provides funding to educate the public in order to reduce contamination rates and funding to hire curbside recycling container inspectors to correct bad recycling habits. MassDEP wants to spread the message that this is not the end of recycling, there are still markets for products but now the processing costs exceed the commodity. We continue to advocate to recycle because it means lower energy consumption, there are jobs and businesses that are in the recycling industry, and it is for the public good. Recycling Education Campaign In addition to the Recycling IQ Kit Grant that I plan on applying for, I have requested in writing the educational support funds from Casella in the amount of $3,800 that is in our contract terms and we will receive those funds in a few weeks. I have also requested a list of possible educational outreach activities that Casella can provide and was provided a list that included: • A Recycle Better event with an education table; • A display and/or do a presentation at the library (for kids or adults); Presentation to the younger school kids; • Host an education table at the start or end of a benefit walk/run. I have forwarded to the School Superintendent for her feedback and she is going to speak with her Principals. Safety Committee Meeting To address the new compliance requirements under OSHA that municipalities are now subject to as of February Ist, we have formed a safety committee comprised of the Police Chief, Fire Chief, DPW Director, School Facilities Director, the Payroll/Benefits/Risk Management Coordinator, and myself. We met with our Risk Management Representative from our insurance company, MIIA, on March 26th to discuss the training and compliance requirements that each department will need to work towards documenting compliance. Staff training and assessment of safety procedures that comply with OSHA will be an ongoing, continual process. Business Town Partnership Meeting: MRC Implementation Plan for 2017 Report on Formation of Business/Town Partnership (TM Goal #3, i) One of last year's District Local Technical Assistance projects from Montachusett Regional Planning Commission was to create an Implementation Plan for the December 2017 report issued from MRPC on the Formation of a Business/Town Partnership. The report breaks down tasks into recommendations that can be implemented within a year, recommendations that will take one-to-five years to implement and recommendations that will take five or more years to implement. The plan also identifies estimated costs for each task by categorizing recommendations that will take less than $1,000 to implement, cost between $1,000-to-$10,000 to implement, and recommendations that will cost over $10,000 to implement. We have implemented five of the six short-term recommendations, and are asking for funding in the FY2020 Capital Plan at the Annual Town Meeting for one of the recommendations that takes one to five years (Master Plan). ===PAGE 21=== including a Recycle Smart message, as this is a good way to communicate to all residents as this is sent to all households. Massachusetts Interlocal Insurance Association (MIIA) Credits The Town received a credit for Participation and Dividends in the amount of $11,741. These will be applied to future invoices. Employee Handbook (TM Goal #4, ii) As part of my annual goals, I have completed a draft Employee Handbook. This includes all the personnel policies that are currently in the Board of Selectmen's Policies that the Board wanted moved into an Employee Handbook, the process for hiring, and other employee information. As stated under the first section, all the information applies to all town employees, unless there is a specific provision in a collective bargaining agreement or employee contract that is in conflict and then the Collective Bargaining Agreement or contract would prevail in that case. Economic Development Committee (TM Goal #3, ill) I have reached out to the Chairs of the Agricultural Commission, Open Space Committee, and Conservation Commission to request they discuss a recommendation for a representative from each commission/committee/board that would be appointed to the Economic Development Committee. The two resident positions will be advertised in the newspaper and on the town bulletin board as we do with other vacancies. As part of that committee, there is one Board of Selectmen and one Planning Board member that is chosen annually to serve as ex-officio members. Mr. McQuaid stated he would be interested in serving as the BOS representative, unless anyone thought there might be a conflict as he is a business owner and architect. Ms. Luck asked about the committee. She did not understand the goal and mission of the committee, or the choice of people you are putting on it. Mr. Toale noted this was a goal of the Board for the past year; we have talked about it several times. The next step is to put the committee together. Ms. Lemieux noted the Board adopted the charge this past fall. Senior Tax Work Off Committee Update The Senior Tax Work-Off Committee met on March 27th and discussed possible changes to the Senior Tax Work-Off Regulations including increasing the hourly rate from $10 to $12, increasing the maximum abatement allowed from $1,000 to $1,500, and increasing the income level from $40,000 to $50,000 for a one-person household, and $60,000 to $75,000 for a two person household. The Chairman will be meeting with the Board of Assessors to talk about the effect of these changes on the Overlay account, and eventually a recommendation will be made to the Board of Selectmen. Meetings: This past week I attended the Personnel Committee meeting on March 26th, a Nashoba Valley Dispatch Admin Board meeting on March 27th, the Senior Work Off Committee Meeting on March 27th, the Finance Committee Public Hearing on the FY20 Budget and ATM articles on March 28th, and the Stormwater Task Force Meeting on April Ist. • I will be attending a Dispatch Negotiation meeting on April 4th. • Various staff members will be meeting with a planner from MRC on April 8th regarding the pending Walkability and Parking Study. This will be the first of multiple meetings and MRPC will get input from all the stakeholders and public by the end of the study. • The Architectural Preservation District Commission will be touring the inside of the old Primary building on April 4th with the Town Facilities Technician Kit Walker. ===PAGE 22=== has received an estimate for the five years of engineering/consulting services at $442,000. Ms. Luck attended a Central Mass Regional Stormwater Coalition steering committee meeting last Wednesday. The coalition will have a booth at the MA Congress of Lakes and Ponds Meeting on April 12 at Mass Fish & Wildlife Headquarters. She will be helping out and Lunenburg will be able to use this as an example of our town's public outreach in the required annual report. The coalition is planning to sponsor presentations by member communities, such as Ashland and Shrewsbury, which are working to inaugurate stormwater utility enterprise funds in their towns, at their annual meeting in November. The next meeting will be held in Lunenburg at the public library on May 8' at 10:00 a.m. Mr. Toale reviewed the Board's upcoming meeting schedule. The next meeting is April 9*, Ms. Lemieux will be on vacation on the 16'h. The Board will also meet on April 23rd. PUBLIC COMMENT: Tom Alonzo had some input regarding the discussion about the Town Manager's evaluation process. It was noted by labor counsel that if any document is presented during a public meeting, even a personnel evaluation, it becomes a public document. He spoke off the record with Mr. Terry. Personnel files in general are protected and it is to protect the privilege of the employee, so it seems very suspect to me that you could carve out an exception that would compromise another person's privilege. I have serious problems with that to begin with and although it may what is legally allowed right now, eventually I believe that will be challenged. In light of that, I would ask that the Board take specific focus on whether they want to be involved in that. Secondly, in the case that the Chair writes the composite review that is going to be the performance review that will be the public record; that would be the only person who would have access to all the individual evaluations from all the other members of the board. Because that person has all of them, he or she could at any point reference them and could make any evaluation available to the public that he/she wanted. I can't believe that would be what you would want to have happen. I would look at having a strict policy on what the procedure is in making those things public. Lastly and hypothetically, I asked Mr. Terry if there was a hearing about another town employee that in such discussion a member of the Board of Selectmen or any elected Board member obtained and in a public meeting referenced the document that they had, would that absolve the tact that in any other case you would be committing a criminal act by revealing somebody's personnel file? This is a serious problem with the Open Meeting Law, that one carving out exception. In preparation of that, I would hope any Board during any evaluation that they would take seriously the considerations of privacy and only make such composite documents that a board in general is responsible to make for an employee public. Motion: D. McQuaid To adjourn the meeting at 9:32 p.m. 2nd: P. Luck Vote: All in Favor Respectfully submitted, laurem Peterson laine M. Peterso Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2019-04-09-agenda-5137.txt BOARD : select-board DATE : 2019-04-09 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-04-09-agenda-5137.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04092019-5137 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Tuesday, April 9, 2019 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor AGENDA-REVISED In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being recorded and broad cast over the Lunenburg Public Access channel. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Vote s may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. 7:00 PM PLEDGE OF ALLEGIANCE I. PUBLIC COMMENT  BOARD  PUBLIC II. ANNOUNCEMENTS III. APPOINTMENTS 7:00 PM Public Hearing Class II Auto Dealer License –Carlos Bismark Terrero d/b/a National Motors, 40 Summer Street 7:05 PM Public Hearing on Special Event Permit IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Appointment of Board of Selectmen member to the Americans with Disabilities Committee Appointment of Board of Selectmen member to the Economic Development Committee V. TOWN MANAGER REPORT VI. CURRENT BUSINESS 1. Reimbursement Policy & Abatement of Ambulance Receivables 2. Minutes/ Warrants/ Action File Issues 3. Committee Reports 4. Department Reports VII. OLD BUSINESS 1. Recommendations on ATM Articles that were deferred 2. Board of Selectmen Goals a. Town Assets 1. Present & Future Maintenance & Capital Replacement of All Town Assets b. Improve Public Satisfaction through Community Involvement and Public Outreach c. Increase Alignment with Committees Appointed by the Board of Selectmen VIII. UPCOMING MEETING/EVENTS SCHEDULE April 16, 2019, May 4th ATM IX. PUBLIC COMMENT  PUBLIC  BOARD X. ADJOURN