# select-board — 15 documents, concatenated for reading and search # # This is a CONVENIENCE BUNDLE, not a source. Every document below is # published separately and byte-identically; cite the individual file, # whose path is given in each header, rather than this bundle. # Index of all boards: https://lunenburgbudgetproject.org/minutes/INDEX.txt # The town's own scanned original is linked per document. ======================================================================================== DOCUMENT : 2019-07-09-minutes-5143.txt BOARD : select-board DATE : 2019-07-09 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-07-09-minutes-5143.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07092019-5143 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Board of Selectmen present: Tom Alonzo, Chair; Phyllis Luck, Vice Chair; Damon McQuaid, Clerk; Katey Adams, Member; Michael- Ray Jeffreys, Member Others present: Heather Lemieux, Town Manager; Jack Rodriquenz, DPW Director; The meeting opened at 7:00 p.m. with the Pledge of Allegiance. Mr. Alonzo announced 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. PUBLIC COMMENT: Ms. Lemieux acknowledged long-time employee Lisa Normandin who was recently honored by the Massachusetts Commission on the Status of Women as a 2019 Unsung Heroine. These are women who don't make the news, but make a difference. She is an original member of the Turkey Hill Family Lions Club and currently serves as their President. Thank you to Lisa for all you do for the Town of Lunenburg. Mr. Alonzo announced the Board of Selectmen are seeking a representative for the Montachusett Joint Transportation Committee. The Montachusett Joint Transportation Committee (MJTC) is a subcommittee of the Montachusett Regional Planning Commission (MRPC) that provides public input to the transportation planning process in the Montachusett Region. Each community can appoint two (2) representatives to the Committee; one to represent the Mayor or Board of Selectmen; and one to represent the Planning Board. As part of the ongoing transportation planning process in the region, it is important to have active participation from our member communities. The MJTC plays an important role in the development of the Transportation Improvement Program (TIP), the long range Regional Transportation Plan (RTP) and the continued flow of information between the MRPC and its communities regarding various issues of importance. In addition, information sharing between towns is a key aspect of the Committee. Appointees are at the discretion of the local community and their boards and as such they do not have to be a board member or employee. The individual appointee is responsible to the board or office and therefore should be someone who can actively provide communications to and from the municipality. The term runs from July 1 to June 30, 2020. MJTC meets the second Wednesday of the month at 6:30 p.m. at the MRC offices located at 464 Abbott Avenue in Leominster. Interested parties should submit a letter of interest to the Board of Selectmen office at 17 Main Street, 2'd floor. Mr. Alonzo stated after the Pride events at 300 Holman Street were canceled due to the Zoning Board of Appeals decision, NOWOCO tried to reschedule at the the Town Gazebo but could not get their permits in place in time. There will be ongoing Pride events in Fitchburg. Ms. Adams announced swim lessons started at the town beach this week. ===PAGE 2=== mimpic types l asaulities. Committee meetings. She stated sitting in those chairs for three hours is a significant hardship for Senior Citizens. Special One Day Beer & Wine License Hearings for Dragonfly Garden Café - 3 Lancaster Ave. 1) July 26- Wine Appetizer and Dessert Tasting 2) August 17- Community BBQ Family Style Dinner Joslin Schneider presented for both events. She stated we hosted the farm to table dinner that was very successful in June. It was a beautiful event. So we wanted to a summer dining series with two different types of events. In August we are hoping to have 40 attendees and have a brewmaster come in and talk about how beer is made. In July we would like to have Elena Christopher of Elena's Gourmet Grocery as a guest speaker with a different type of experience with appetizers and desserts. Mr. Jeffreys noted Ms. Schneider's TIPS server training certificate and asked if she would be the only one serving alcohol. She replied yes and it is required by our liability insurance. We do have one other employee who is TIPS certified and is over 21 yearsof age. Mr. Alonzo stated for the record that both of these avents are from 5:00 - 8:30 p.m. She confirmed and added bothe events are tasting events so they are not full-sized beverages. Motion: K. Adams 2°: D.MeQuaid To approve the July 26 and August 17, 2019 special one day beer and wine licenses Vote: All in Favor Update from the DPW Director Mr. Rodriquenz reported there will be a culvert replaced near the intersection of Northfield Road and West Townsend Road. Another culvert will be replaced on Sunset Lane between house numbers 76 and 85. The work will start before the end of the month and detours should not last more than a few days. At night both culverts will be covered with steel panels to allow traffic to pass through. There will be signage posted as well. Reappointment - Town Clockwinder- John Lynch Motion: K. Adams 20c: D. MeQuaid To reappoint John Lynch as town clockwinder with a term to expire June 30, 2020 Vote: All in Favor Term Correction- Barbara Reynolds - Monty Tech School Rep-term expires June 30, 2023. Motion: D. McQuaid 2nd.P. Luck To amend the term for Barbara Reynolds to end June 30, 2023 Vote: All in Favor ===PAGE 3=== YAL• YY18Y hold either an open meeting or executive session. This will most likely occur in August. Ms. Lemieux reported the Planning Board is holding a hearing on Unitil's Storm Resiliency Program on July 22'd at 6:35 p.m. The Planning Board will hold a hearing that will coincide with the Tree Warden because it is a scenic road. She was seeking the board's input on attending that meeting for their role in that process. Mr. McQuaid believed it was important the Board review it and address concerns from residents. Ms. Lemieux will post the meeting. Ms. Adams noted a town beach employee mentioned to her they did not find out they had the job until just before the beach opened. Is it possible for them to be notified sooner for planning purposes next year? Mr. Alonzo suggested contacting the Parks Commission as they do the interviewing and recommend to hire to the Town Manager. 2. Committee Reports Ms. Luck reported the Storm Water Task Force will be meeting on Thursday to interview contractors for Year 2 of the MS4 permit. Mr. Alonzo reported there is an opening on the Finance Committee. Anyone interested should submit a talent bank form to the Board of Selectmen office. OLD BUSINESS 1. MRC Walkability and Parking Study: Discussion about dates for additional public meetings to walk Town Center and Whalom areas Ms. Lemieux presented tentative dates of July 15 or July 25 at 5:00 p.m. for the Whalom area. July 25'h would be better so the public can be notified in a timely manner. For the Main Street area, potential dates are July 18, July 29 or July 30, all at 5:00 p.m. July 30" looked to be the best date. TOWN MANAGER REPORT Completion ofthe ADA Accessibility at the Lane, Cowdrey, and Small Town Forest Conservation Lands The ADA improvements at the Lane, Cowdrey, and Small Town Forest conservation lands that were paid for with a MA Office on Disability project grant are now completed. The improvements included installation of an ADA van parking space and signage and approximately 150 feet in ADA trail access at each of the locations. I want to thank Conservation Administrator Matt Marro, the DPW for their assistance, and the contractor, Powell Stone & Gravel for accomplishing this project in a short time frame. Mass Trails Grant Award I want to congratulate the Conservation Commission, specifically member Bob Pease, on receiving an award of $21,267 from the state through the Mass Trails Grant program. The funds ===PAGE 4=== LILLY L thank each of them for all they do for the Town. Mr. Alonzo stated in the past we used to have an an annual volunteer appreciation event for the volunteers and appointed boards. He would like to see that revived in September at Eagle House. People who submitted talent bank forms will be invited as well. Other Updates: • The FY20 Road Materials bid opening was yesterday and I am in the process of reviewing the bids to make sure they meet all the requirements and then we will proceed with issuing award letters and contracts. • Proposals for engineering services to comply with Year 2 of the MS4 Permit were due June 13th and we receivedtwo proposals. The Land Use Director, the Storm Water Task Force, and I willbe interviewing the two firms on Thursday, July 11. OLD BUSINESS (CONT.) 2. Review of Town Manager Evaluation Form and Process Mr. Alonzo referred the Board to the document with tracked changes. The first section was Policy and Purpose. Discussion ensued over the following: Individual performance evaluation forms prepared by members of the Board of Selectmen are considered work product/personal documents, and shall not be publicly released. The only document to be released will be this overview document, compiling the ratings and comments, prepared by the Chair. It was decided to have Town labor counsel check with the Attorney General's office on the statement. Procedure #1 1. The Town Manager will be reviewed annually on the achievement of the agreed upon goals established the previous year and performance standards. The performance standards will be measured using a rating scale of "consistently exceeds expectations, "often exceeds expectations", "meets expectations", and "needs improvement" and "unsatisfactorv". In addition to annual goal(s) ten categories of performance standards and core responsibilities will be used to evaluate the Town Manager: Ms. Adams preferred a numeric rating scale system and felt the previous evaluation was too subjective. More discussion ensued on the rating scale. Mr. Jeffreys asked Ms. Lemieux what her preference was. She preferred the five levels of ratings listed in the draft. She did not think they ===PAGE 5=== document. Ms. Luck suggested two Board members compile reviews or labor counsel do it. Ms. Adams stated there should be another word other than consensus. Mr. Alonzo stated it should be a composite overview document and a consensus from the board on the finished document. #6 The Chairman will provide the other Board members and the Town Manager with the consensus evaluation overview document at a scheduled Board of Selectmen meeting to publicly discuss the evaluation. Consensus will be changed to composite. Ms. Luck suggested having the document presented one week and discussing the evaluation at a subsequent meeting. Mr. McQuaid was fine with that but thought it should be brought up to town counsel because he had advised it being done in one meeting. The Board moved on to the rating scale. After some discussion the ratings will go from 0-4. 4 Often Exceeds Expectations: Performance often exceeds expectations. Demonstrates the ability to take on progressive responsibility showing high success and most annual goals were met. 3 Meets Expectations: Performance consistently meets expectations and the overall quality of work is good. The most critical goals were met. 2 Needs Improvement: Performance has not met expectations and improvement is needed. One or more critical goals were not met. 1 Unsatisfactory: Performance is inadequate and employee demonstrates an inability or unwillingness to meet job standards and performance expectations of the position. Immediate and sustained improvement is required. N/O Not observed: This rating is used when the reviewer has not directly observed the actions of the Town Manager. It will not be counted in the compilation of scores. ===PAGE 6=== and of the public. Demonstrates accountability for actions; conducts him/herself fairly and honestly. • Uses good judgment and common sense in making decisions Exercises good judgment. (Moved from Criteria #2) Displays enthusiasm, cooperation, and willingness to adapt. Exhibits composure, appearance, and attitude appropriate for executive position. Treats others in a fair, consistent, impartial, and professional manner. Is effective in dealing with people without arousing antagonism and demonstrates an understanding of difficult situations. Maintains an open and approachable manner, presents a positive outlook and sets an example for subordinates. • Proactively seeks solutions and assumes responsibility. • Organizes priorities and effectively handles a variety of projects, assignments, and people. • Elicits respect from others and sets an example of professionalism within the organization. Motivates and communicates well with staff. (Moved from Criteria #6 Supervisory Oversight and Direction, speaks to professionalism • Exchanges verbal and nonverbal messages with others in a way that demonstrates respect for the individual and furthers organizational and community objectives. (Moved from Criteria #3 Professional Skills and Knowledge) Mr. Alonzo stated Ms. Lemieux requested the retitling change on #1. He asked if anyone had any comments. Ms. Luck stated Motivates and communicates well with staff is something she would not know about. She stated other towns have two Board members confidentially poll employees about how they feel about the Town Manager. I think we need to do that or remove them. Ms. Adams felt there were too many bullets and redundancy. She noted Under #1. Organizes priorities and effectively handles a variety of projects, assignments, and people; and under #2 Identifies and isolates problems and solutions. Mr. Alonzo stated the bullet points are just describing what the criteria are that add to the narrative and score. Mr. Jeffreys noted the items were criteria for two different skill sets. He also did not know if they should be reaching out to town employees as our Charter is pretty clear on day-to-day management. We are limited on what we actually can do. He thought they could get a good feel on whether or not a person is motivating and communicating with staff based on what is said to her. I have related concerns to Ms. Lemieux and they were promptly resolved. I can say she definitely must be communicating well and clearly is motivating people to do what is expected of them. If we are going to do something like that then it has to be across the board not just in one position. Ms. Adams stated as you read through these bullets in different sections, they are saying the same thing. Mr. Alonzo suggested everyone view the headings and see if they are okay and then we can come back about the bullet points. You are not rating the person on each of those bullet ===PAGE 7=== Mr. Alonzo asked for the next meeting to come prepared with what bullets (limit of 4) you would like under the eight categories. Town Manager will send out the updated document. PART III OVERALL PERFORMANCE SUMMARY- No changes were suggested for this section. PARTIV TOWN MANAGER GOALS AND PROFESSIONAL DEVELOPMENT PLAN and PART V SIGNATURES had no changes. Ms. Luck requested if the Town Manager's self-evaluation or parts of it are quoted to have it explicitly stated that is what it is. Ms. Adams suggested having them as two separate documents. Discussion ensued about having someone else other than a board member compiling the composite. Mr. Alonzo will ask town counsel all the questions asked this evening about the process. 3. Review of Board of Selectmen Goals for FY20 Mr. Alonzo referred the Board to the list following the last meeting's discussion. 1. Review of Board of Selectmen Goals for FY20 FY2020 Lunenburg Selectboard Goals Objective 1: To identify, define, discuss and finalize the criteria to be used in determining the use and/or re-use of the following buildings: Town Hall, Kitter Building, Old Primary School, Brooks House, T.C. Passios building. i. Action: Schedule a variety of meetings and discussion sessions (at Selectboard meetings, public charrettes, etc.) to get input from the widest variety of voices possible and practicable. ii. Action: Write a final report at the conclusion of those meetings and discussions to be voted upon by the Selectboard. That report will list AND prioritize the criteria to be used by the Selectboard and other municipal bodies in evaluating any/all projects to be done with the above named buildings and the land on which they lie. Objective 2: To identify, define and propose at least one project to the 2020 Annual Town Meeting regarding the use and/or re-use of the Old Primary School building, and/or the land on which it sits. ===PAGE 8=== (as determined in the previous Objective). Establish options (more than one but no more than four to be examined more closely. iii. Action: Have open sessions with other boards, committees and ommissions as well as with the general public in discussing th ptions defined from Action ili. Evaluate the pros, cons and cost for each option, potential variations as well as possible timelines. iv. Action: Determine one (or two, if applicable) option(s) to be fully developed into a proposed project for the building and/or site to be presented to the 2020 Annual Town Meeting for vote. Objective 3: To review, discuss and revise (where needed) the re-appointment process of all annual Selectboard appointments and to formalize that process into a policy for distribution. i. Action: Review the existing process step-by-step as well as any existing written policies that might pertain to the re-appointment process. Also review the Charter for exact list of Selectboard appointments. ii. Action: Ask for initial input from all affected appointed bodies. Discuss improvements that might be made to streamline, clarify and strengthen the process. Write a draft policy and distribute to all affected appointed bodies for their review, suggestions and recommendations. Also make it available to the public for their input as well. ili. Action: Collect all input from the review cycle of the draft policy. Finalize the reappointment process after discussing all the suggestions and recommendations that have been made and write the final policy for distribution. Motion: D. McQuaid To accept the Board of Selectmen goals for FY20 as presented 2n°: P. Luck Vote: All in Favor Mr. Alonzo reviewed their upcoming meetings; July 16 (Policy Workshop) and July 23, 2019. PUBLIC COMMENT: there was none. Mr. Alonzo stated he would entertain a motion to enter Executive Session Motion: D. McQuaid 2nd: P. Luck ===PAGE 9=== government's litigating position and the Chair so declares, namely National Prescription Opiate Litigation Case No. 1:17-MD-2804 and not return to Open Session Vote: Mr. Jeffreys- aye, Ms. Adams-aye, Mr. McQuaid-aye, Ms.Luck-aye, Mr. Alonzo- aye The meeting adjourned at 9:19 p.m. ***********************Executive Session Minutes are Separate********************* Respectfully submitted. Elaine In. Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2019-07-16-agenda-5164.txt BOARD : select-board DATE : 2019-07-16 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-07-16-agenda-5164.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07162019-5164 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Tuesday, July 16, 2019 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor AGENDA 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. 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. OLD BUSINESS 1. Review of Town Manager Evaluation Form IV. CURRENT BUSINESS 1. Review of Assistant Town Manager/HR Director Position Description and Recommended Classification under Salary Administration Plan 2. Minutes/Warrant/Action Items 3. Committee Reports V. TOWN MANAGER REPORT VI. POLICY WORKSHOP: Annual review of current Board of Selectmen policies, including continuation of discussion on new Special Event Policy. VII. UPCOMING MEETING/EVENTS SCHEDULE July 23, 2019 7 PM Regular Meeting July 25, 2019 5 PM Whalom Area Walk July 30, 2019 5 PM Main Street Area Walk VIII. PUBLIC COMMENT  PUBLIC  BOARD IX. ADJOURN ======================================================================================== DOCUMENT : 2019-07-16-minutes-5164.txt BOARD : select-board DATE : 2019-07-16 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-07-16-minutes-5164.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07162019-5164 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Board of Selectmen present: Tom Alonzo, Chair; Damon McQuaid, Clerk; Katey Adams, Member; Michael- Ray Jeffreys, Member Member not present: Phyllis Luck, Vice Chair Others present: Heather Lemieux, Town Manager; Adam Burney, Land Use Director The meeting opened at 7:00 p.m. with the Pledge of Allegiance. Mr. Alonzo 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. PUBLIC COMMENT: Mr. Alonzo stated for those people and many in attendance who sent emails, we have received every one of them and there is a meeting tomorrow between some representatives of the Lake Shirley Improvement Corporation (LSIC) and their legal counsel, myself, the Town Manager, a member of the Conservation Commission, our Town Counsel and the Conservation Administrator. All of the things you wrote about will be discussed at the meeting. He thanked everyone for his or her input. Obviously, the various parties in that meeting will be able to report out to everyone. Cindy Lee Gee, 140 Flynn Road, had sent an email to the Board and thanked Mr. Jeffreys for his prompt reply. Maureen Spindt, 7 Ruth Street, stated LSIC is a non-profit organization and they ask members to pay dues voluntarily to pay for primarily weed and algae treatment. She presented a list of fundraising events that LSIC puts on during the year. She was concerned that if there is no treatment this year, it will be very difficult to obtain the membership fees in future years. She thought it was ironic that a Conservation Commission member and a Select Board member and Marilyn Jewell, 20 Sunset Lane, spoke about the difference between Lake Shirley and Hickory Hills, which is a private lake and how dues are collected at each location. The Hickory Hills residents have to pay fees because it is written into their purchase and sale agreement. Ms. Lee and Ms. Jewell compared the lakes and Mr. Alonzo asked how this was pertinent. Ms. Adams cautioned about pitting one lake against the other. She stated she grew up on Hickory Hills Lake and there was a lot of volunteerism to maintain it. Ms. Jewell clarified that people have been asking her what the difference was between both lakes and wanted to explain that the Hickory Hills Lake people have more funding to treat their lake. Steve Bean, 27 Fire Road 15, stated the Conservation Commission is adding to the Order of Conditions and citing safety as the reason. What is the safety of the lake if it is not treated? He alleged the Town owns Lake Shirley. What is the liability aspect when it comes to the Town if LSIC backs out from treating the lake? Who is going to take that over? Ashley Braun, 607 Reservoir Road, thanked Mr. Jeffreys for answering her email and many others with your fair and well thought out response. Safety is a huge concern for her as well. She ===PAGE 2=== July 25"' at 5:00 p.m. and July 30" starting at 5:00 p.m. respectively. CURRENT BUSINESS 1. Review of Assistant Town Manager/HR Director Position Description and Recommended Classification under Salary Administration Plan Ms. Lemieux presented the job description before attending the Personnel Committee meeting on the 22nd 1. The Personnel Committee would be the body that approves the job description. The primary function will be Human Resources (HR) Director and will assist with procurement and a wide variety of special projects. Motion: M. Jeffreys 2'': D. MeQuaid To accept the position description as presented Discussion: Ms. Adams stated she was not in favor of this position because she believed there were other staff positions, particularly in public safety that should be hired instead Vote: 3 in favor, 1 opposed (Adams) Ms. Lemieux stated assuming the personnel committee approves the job description, we will discuss the grade/step classification and it will advertised accordingly. $38.84 would be the starting rate of pay. 2. Minutes/Warrant/Action Items Minutes of May 7, 2019 were approved. A FY19 accounts payable warrant in the amount of $688,136.10 and a FY20 accounts payable warrant in the amount of $771,274.85 were signed. Action File Issues: Ms. Adams asked if there were any updates on the intersection of Electric Ave and Mass. Ave. Ms. Lemieux reported MRPC is assisting with a crash data survey that needs to be submitted to the state first. There were no committee reports. POLICY WORKSHOP: Annual review of current Board of Selectmen policies, including continuation of discussion on new Special Event Policy Mr. Burney presented an updated draft of the special event policy that addresses the previous discussion. Major changes were what would trigger requiring a special event license and a description of the public hearing process. Discussion ensued about Category A and it was suggested to ask if the event would be on town property. Ms. Lemieux noted that the event being on town property should not automatically trigger the need for a special event license; there are certain very small events that happen ===PAGE 3=== "non-profit" event or if an entrance fee will be charged. Mr. McQuaid asked about the questions requesting Police or Fire Dept. coverage. Are you giving them the option of whether or not they need them? It was pointed out it may be required by the Board regardless. Mr. Alonzo noted the size of the property definitely matters in setting conditions for the event. He suggested adding a question that asks if there would be over 100 attendees. Discussion went back and forth over whether to change the definition of a special event and the number of criteria in Category A to trigger a special event license. The Board moved on to the number of events allowed per year. It was suggested no three single day events within 90 days. Applications must be filed a minimum of 90 days (changed from 60 days) prior to the event. "Failure to obtain a license," shall be added to wording in the Enforcement section before the words, "Multiple and/or repeated violations may result in a prohibition from applying for future permits for the event organizer." Waivers were discussed but no changes were added. Ms. Adams suggested adding in Category A, It you only check off, "Is the event requesting the use of Town Property but does not check off anything in Category B, see the Town Manager." Mr. Alonzo suggested having these edits for review in early August. Ms. Lemieux asked under the public hearing process and considering the wide range of applicants, to consider the cost for the applicant of running the notices twice in a local paper and notifying all the abutters. Is there any way we can reduce that and provide sufficient notice? Mr. Burney stated notice to abutters could be done by first class mail, with the applicant providing stamped envelopes to the town so you know they have been mailed. Ms. Lemieux stated she would check with Executive Assistant Peterson on her process for abutter notification. 300 feet was changed to 200 feet for abutters. The Board thanked Mr. Burney. I. OLD BUSINESS 1. Review of Town Manager Evaluation Form Mr. Alonzo handed out Ms. Luck's written comments on the form. He noted they would just be addressing the bulleted points in the document not the entire form. After collating individual member's choices, it was decided to go with the following: Part Il 1. Individual Characteristics/Professionalism. • Is dedicated to the highest ideals of honor and integrity in all public and personal relationships in order to merit the respect and confidence of the elected officials, other officials and employees, and of the public. Demonstrates accountability for actions; conducts him/herself fairly and honestly. • Treats others in a fair, consistent, impartial, and professional manner. Is effective in dealing with people without arousing antagonism and demonstrates an understanding of difficult ===PAGE 4=== • Anticipates future needs, organizes work operations, and establishes timetables for work units or projects. Is aware of technological advances and changing standards; identifies and understands trends. Effectively allocates resources and predicts the impact of service delivery decisions. (Moved from Criteria #7 Community and PublicRelations) • Knows when to take actionand what type of action is appropriate. • Effectively allocates resources to provide service to the community. Anticipates stakeholder needs and attitudes, and the impact of policies and procedures, and responds appropriately. 3. Professional Skills and Knowledge • Maintains knowledge of current developments affecting the practice of local government management and is familiar with applicable local, state and federal legislation and regulations related to Town services. • Demonstrates skill in listening, speaking and writing, persuading without diminishing the views of others. • Has a full working knowledge of the administrative and management systems and procedures. • Understands and implements long-range and strategic planning techniques; identifies trends that will affect the community; demonstrates an understanding and ability to analyze and facilitate policy choices that will benefit the community in the long run. 4. (Teamwork & Leadership removed) Organizational Leadership and Personnel Management: • Builds cooperation and consensus among and within diverse groups, helping them identify common goals and act effectively to achieve them; recognizes interdependent relationships and multiple causes of community issues; and anticipates the consequences of policy decisions. • Encourages the development and high-level performance of staff and employees throughout the organization. Effectively selects and hires employees for position vacancies. • Professionally manages the compensation and benetits plan. • Develops and executes sound personnel procedures and practices. Seeks to foster high morale and cohesiveness among employees. • Effectively plans, organizes and delegates work. Monitors results and evaluates performance of those supervised, and provides feedback in a timely manner. 5. Community and Public Relations • Understands the basic principles of service delivery in functional areas (e.g. public safety, community and economic development, human and social services, administration, public works). • Provides responsive, equitable service to town residents and instills the value of good customer service in staff. • Communicates effectively with the public. Maintains respectful, polite, and civil speech and demeanor in dealings with all. • Maintains good working relationship with legislators, media, and public groups/organizations, ===PAGE 5=== compares alternative strategies. • As Chief Procurement Officer, effectively manages Town purchasing of supplies and services, disposition of town property, and construction projects • Establishes and manages sound fiscal policies including Five Year Financial Forecast, financial policies, and Capital Plan. 7. Relations with Members of the Board: • Maintains effective communication with the Board. Maintains mutual trust and treats all Board members equally. • Offers professional advice to the Board on items requiring board action, with appropriate recommendations and supporting information based on thorough studyand analysis. • Responds well to requests, advice, and constructive criticism. 8. Reporting • Provides regular information and reports to the Board concerning matters of importance to the local government, using the Town Charter as a guide. • Reports produced by the Manager are accurate, comprehensive, concise and written to their intended audience. • Produces and handles reports in a way to convey the message that affairs of the organization are open to public scrutiny. Ms. Lemieux will amend the form and provide to the Board as a final document at a future meeting. Further discussion with Labor counsel on how to carry out the evaluation process will be scheduled. PUBLIC COMMENT: Mr. Jeffreys noted the Board members received many emails from residents over the weekend and the decision to respond to emails that come through in no means is a reflection that it is received, absorbed, and accepted. In this instance, he believed it was necessary to do that, although that should not be the norm because we should focus on this meeting forum for residents to come, engage with us and ask questions so we can respond to them. We walk a very fine line when we speak to residents about issues that can and will come before the Board in a manner that is not public. He appreciated the comments from the residents earlier and wanted to relay that in the future if I choose not to respond to an email, it is not a reflection of whether or not I read it, understand it or have an opinion about it. Mr. Alonzo concurred and added he usually will let the person know he got the email and it will be discussed at the next Board meeting if it is going to be more than a couple of days to address it. Ms. Adams agreed adding just because there is no response it does not mean it was not received, as sometimes she was not sure a response on a certain format is appropriate, so she errs on the ===PAGE 6=== there dre people decoral dr Make sure stress d cle vers dr title. 110 expressed his appreciation to the sound room (studio) and added everyone at home receives a great service because there is someone in the studio trying to capture it in the best way possible. TOWN MANAGER REPORT Announcement on Existing Vacancies: The following is a list of vacancies on the following committees: • Agricultural Commission (1 regular member and 3 alternate vacancies) • Americans with Disabilities Act Commission (1 vacancy) • Architectural Preservation District Commission (1 design professional; craftsperson or building contractor familiar with historic renovation) • Finance Committee (1 position appointed by the Finance Committee Appointing Committee) • Housing Authority (1 elected position vacancy that will be a joint appointment with remaining Housing Authority members and Selectmen) • Sewer Commission (1 elected position vacancy that will be Joint appointment with the remaining Sewer Commission members and Selectmen) • Zoning Board of Appeals (1 regular member and 2 Associate vacancies) If interested in serving on these or any other appointed boards for the Town, please download the Talent Bank form from the town website or request one from the BOS office and forward the completed form to the Board of Selectmen's Office. We will keep your form on file for future position interviews if there are no openings. Update on the Summer Street Construction project: The concrete sidewalk construction is undergoing on the Lunenburg section. The contractor is working on excavating and grading in preparation for granite curb and sidewalk installation on the Leominster section and work at the Baker's Brook bridge has been put on hold until fall while the crew preps and paves driveways on the Lunenburg section of the project. Eagle House Earmark After much back and forth with a representative at the Dept. of Housing and Community Development (DHCD), all documentation and standard contract information was submitted and fully executed. This allows the town to receive the funding in the amount of $25,000 that was in the state fiscal 2019 budget under the DHCD. Mr. Alonzo thanked Ms. Lemieux and her staff for working with our state legislators and DHCD to get this funding at the eleventh hour of the fiscal year. ===PAGE 7=== executed contract. Once that occurs, we will start our educational campaign and efforts to reduce the Town's contamination in our recycling. This will be a major push to educate but also enforce elimination of materials that do not belong in recycling. This will require a time commitment from all the parties aforementioned, the ability to meet the deadlines that are part of the grant requirements, and the ability to hire curbside checkers that will need to be trained. The goal is to cut our contamination rate in half by the end of the campaign. Engineering Services for Year 2 of the MS4 Permit The Stormwater Task Force, the Land Use Director, and I met with two firms on Thursday, July 11th. Both firms were highly qualified; ultimately, we agreed to proceed with negotiating with Comprehensive Environmental Inc. There are additional items that they will be providing estimates for and the DPW Director and I will meet with the firm shortly to review all the tasks and the roles and responsibilities of both the Town and the firm and then all the stakeholders will meet to review the scope of work. ADA Public Rights of Way Public Outreach Survey As part of updating our Public Rights of Way Transition Plan in accordance with ADA, Montachusett Planning Commission has created a survey that we are disseminating through the following means: • Will be in the Lunenburg Ledger • Posted on the Town website under Latest News and Announcements. • Distribution of paper surveys at Town Hall, Eagle House, Ritter, and Library • Distribution through town wide email listserv • Posted on the Town Facebook pages • Survey available to be completed through SurveyMonkey at www.surveymonkey.com/t/Lunenburg_ADA_PROW_Transition_Plan_Survey Surveys are due back by August 16, 2019. Attendance at Meetings, Other Announcements: • I will be attending a Dispatch Administration Board Meeting on July 17th in Bolton. • I will be attending the Personnel Committee meeting on Monday, July 22nd. Ms. Adams stated she attended the Farmers Market this past Sunday and was very impressed. It was a really nice experience. She thanked everyone who participates in that. Mr. Alonzo agreed, noting the large amount of attendees. ===PAGE 8=== Kespectiully submitted. Elaire m. Peterson Elaine M. Peterson Executive Assistant to the Town Manager RECEIVED & FILED SEP 0•4 2019 LUNENBURG TOWN CLERK OFFICE ======================================================================================== DOCUMENT : 2019-07-22-agenda-5165.txt BOARD : select-board DATE : 2019-07-22 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-07-22-agenda-5165.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07222019-5165 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Monday, July 22, 2019 6:35 PM – Town Hall Bilotta Meeting Room, Second Floor AGENDA 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. 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 PLANNING BOARD PUBLIC HEARING To hear and review a request to prune and/or remove trees through the Storm Resiliency Program, along Leominster Road from West Street to Lancaster Avenue, and along Lancaster Avenue from Massachusetts Avenue to Rolling Acres, under M.G.L. Ch. 40, Section 15C, Scenic Road Designations and under M.G.L. Ch. 87, Section 3, Cutting of Public Shade Trees. Owners are the Town of Lunenburg and various private parties. Applicant is Unitil, 357 Electric Avenue, Lunenburg, MA 01462. The Storm Resiliency Program is available for viewing in the Planning Office, 960 Massachusetts Avenue Votes may be taken. Adjourn ======================================================================================== DOCUMENT : 2019-07-23-agenda-5166.txt BOARD : select-board DATE : 2019-07-23 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-07-23-agenda-5166.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07232019-5166 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Tuesday, July 23, 2019 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor AGENDA 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. 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 Pole Petition Public Hearing for 994 Northfield Road,Plan #966-L by Unitil Fitchburg Gas & Electric IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Ratification of Town Manager Appointment of DPW Facilities Director Resignation of Interim Building Commissioner Garry Rhodes V. TOWN MANAGER REPORT VI. CURRENT BUSINESS 1. Minutes/Warrants/Action Items 2. Committee Reports VII. OLD BUSINESS VIII. UPCOMING MEETING/EVENTS SCHEDULE July 25, 2019 at 5 PM Whalom Lakefront parking lot for Walkability at Whalom Area July 30, 2019 at 5 PM Town Hall for Walkability at Main Street August 6, 2019 at 7 PM August 12, 2019 at 6:30 PM (Attend Planning Board Public Hearing on Unitil’s Storm Resilency Program) August 13, 2019 at 7 PM August 20, 2019 at 7 PM IX. PUBLIC COMMENT  PUBLIC  BOARD XI. ADJOURN ======================================================================================== DOCUMENT : 2019-07-23-minutes-5166.txt BOARD : select-board DATE : 2019-07-23 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-07-23-minutes-5166.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07232019-5166 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Board of Selectmen present: Phyllis Luck, Vice Chair; Damon McQuaid, Clerk; Katey Adams, Member; Michael- Ray Jetfreys, Member Member not present: Tom Alonzo, Chair Others present: Heather Lemieux, Town Manager The meeting opened at 7:00 p.m. with the Pledge of Allegiance. Ms. Luck 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. PUBLIC COMMENT: Ms. Luck stated, "Along with my colleagues, I have read all of the emails sent to the Board of Selectmen (BOS) over the last couple of weeks concerning Lake Shirley and the Conservation Commission and I thank all of them for their interest in the lake and our beloved Town. I watched the last Selectmen's meeting and would like to respond to the woman who wondered how I feel 1 am able to serve on the BOS while not being a member of the Lake Shirley Improvement Corporation (LSIC). My husband's parents built a small summer cottage on Lake Shirley in 1957. They served as directors on the Lake Shirley Improvement Corp's board, as President, Vice President, and Secretary, working to improve the lake they loved. When they moved to Florida and we began spending summers at the "camp" with our young family in the 80's we took up where his parents left off. Carl was on the LSIC Board for years, serving as both president and vice president and was instrumental in obtaining a 319 grant to create demonstration projects to help educate & decrease the amount of nutrients coming into the lake. I served on the board as Vice President and Secretary. About 12 years ago, a serious weed/algae event caused many residents to feel it was time to begin to treat the lake with chemicals. Carl and I agreed that weed treatment was one piece of the plan, but that for the health of the lake to improve, additional action was needed. We lobbied for increased education and outreach to residents of the lake and the watershed. We realized that the lake had a high nutrient load causing it to be on the State's list of impaired waterways as a level 5, the highest level of impairment. Further, that most of that nutrient loading was coming into the lake via the Catacunemaug and Ester Brooks, and that work needed to be done to lower that. However, the LSIC at that time, and still today, feels that toxic chemicals alone are all that needs to be done. We, as well as every consultant the LSIC has ever employed, disagree. Our opposition to the "one and done' approach caused the leadership of the LSIC Board of Directors to attempt to have Carl removed for life from the board. LSIC leadership also changed a bylaw in place since the LSIC founding that allowed a member to be president for no more than 2 years in a row. The current leadership has changed that bylaw so that a president has no term limit and can serve indefinitely in that position. We realized our efforts and opinions were not valued by the LSIC ===PAGE 2=== an LSIC member sent a message that the post was inappropriate and it has since been removed. Being folks who like to roll up our sleeves and help, when we were rejected by the LSIC leadership, we looked for other ways to serve the lake and the Town we love. When I retired, I found a place where I feel my contributions are valued on the BOS & Storm Water Task Force (SWTF), Carl gives of his time on the Sewer and Conservation Commissions. If the LSIC expands their goals to begin to truly help the lake become a healthier water body by education, outreach, and looking out into the watershed to reduce the nutrient loading; If there is "new day" at the LSIC, where different opinions are valued and options discussed openly and honestly; If the LSIC issues a formal apology on their website to Carl for the disrespectful and shabby treatment he's endured: If we are invited to enjoy the benefits that any member enjoys and rejoin the LSIC Board of Directors, then Carl and I would gladly rejoin the LSIC and pay the $450/per year that is asked of residents in our category. We feel no ill will toward the LSIC or its membership. We feel sorry for those who choose hate over love. It takes a lot of time and energy to hate, we have neither time nor energy for that. We also feel sorry for those who are led by the haters and believe the rot that they spew. Should there be a "new day" for the LSIC, should the focus shift to creating a healthy lake and atmosphere, we'd be more than happy to rejoin the LSIC and get to work to improve the health of the lake we love." Steve Weaver, 288 Holman Street, wanted to recognize Building Commissioner Garry Rhodes as he is resigning. Regarding the special event permit, there was discussion of waiving a fee and I don't think you should waive it, it holds people responsible. He also believed camping should not be allowed especially on town property. He thought using the Ritter Building as a Town Hall was a great idea. Pole Petition Public Hearing for 994 Northfield Road,Plan #966-L by Unitil Fitchburg Gas & Electric Ms. Luck read aloud the pole petition: In conformity with the requirements of Section 22 of Chapter 166 of the General Laws (Ter. Ed.), you are hereby notified that a public hearing will be held at the Town Hall, 17 Main Street, 2nd Floor, in the Joseph F. Bilotta Meeting Room, Lunenburg, MA, on Tuesday, July 23, 2019 at 7:05 P.M. upon petition of Unitil Fitchburg Gas and Electric Light Company for permission to erect or construct, and a location for, a line of wires, poles and such other fixtures as may be necessary to sustain or protect the wires of the line, for the transmission of electricity, upon, along, across, or under the following public ways of said Town: ===PAGE 3=== Also for permission to lay and maintain underground laterals, cables, and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each of the petitioners many desire for distributing purposes. Unitil Representative Jim Dee presented for the petition. They need to install a mid-span pole to serve a new customer who will be building a home out behind the golf course on Northfield Road. Mr. Jeffreys thanked him for providing proposed driveway locations on the map. Motion: M. Jeffreys To approve the pole petition as presented 2nd: D. McQuaid Vote: All in Favor Mr. Dee thanked the board and exited the meeting. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Ratification of Town Manager Appointment of Principal Account Clerk- Ms. Lemieux stated the appointment of Megan Lorden is to fill a temporary vacancy in the Treasurer/Collector office due to an employee being out on medical leave. Motion: D. McQuaid 2nd: K. Adams To ratify the Town Manager's appointment to Principal Account Clerk Vote: All in Favor Ratification of Town Manager Appointment of DPW Facilities Director- Ms. Lemieux stated this is to fill a vacancy due to someone retiring last year. Kit Walker is taking the position. Motion: D. McQuaid 2n°: M. Jeffreys To ratify the Town Manager's appointment to DPW Facilities Director Vote: All in Favor Resignation of Interim Building Commissioner Garry Rhodes-Ms. Lemieux stated Mr. Rhodes is retiring. He has helped out the town in a time of need over the last two years. He was very helpful in figuring out the logistics of the earth removal permits. She thanked him for his work and wished him well. Currently we are exploring regionalizing building inspection services or using a firm for temporary services. We still have our local inspector Donald Farrar. Motion: K. Adams 2'd: D. McQuaid To accept the resignation of Interim Buildin Commissioner Garry Rhodes and thank him Vote: All in Favor TOWN MANAGER REPORT Ms. Lemieux reminded about the walkability meetings: ===PAGE 4=== held and announced funding for affordable housing for the TriTown Senior Housing development. So that project will be moving forward this year. Police Union Negotiations: We had our first Police Union Negotiation meeting today and Attorney Terry will be meeting with the Board in Executive Session on August 20th to discuss the proposals and the Town's position. Announcement on Existing Vacancies: The following is a list of vacancies on the following committees: • Agricultural Commission (1 regular member and 3 alternate vacancies) • Americans with Disabilities Act Commission (7 vacancy) • Architectural Preservation District Commission (1 design professional; craftsperson or building contractor familiar with historic renovation) • Finance Committee (1 position appointed by the Finance Committee Appointing Committee • Housing Authority (1 elected position vacancy that will be a joint appointment with remaining Housing Authority members and Selectmen) • Sewer Commission (1 vacancy to be appointed to by a joint meeting of the BOS and remaining Sewer Commission) • Zoning Board of Appeals- (1 regular member and two associates) If you are interested in serving on these or any other appointed boards for the Town, please download the Talent Bank form from the town website and forward to the Board of Selectmen's Office. We will keep your form on file for future position interviews. Attendance at Meetings, Other Announcements: • July Town Counsel Office Hours will be tomorrow, Wednesday, July 24th from 9 a.m.-1 p.m. • August Town Counsel Office Hours will be Tuesday, August 20th from 2-6 p.m. • I will be attending the Finance Committee this Thursday depending on the end time of the Whalom area walkability meeting. • Department Head Meeting: The next Department Head meeting will be on Tuesday, July 30th. CURRENT BUSINESS 1. Minutes/Warrants/Action Items ===PAGE 5=== Ms. Luck reported the town Manager and DeW Director met with CEl, a contractor who will work on year two phase of the MS4 permit. CEI will meet with the Storm Water Task Force on August 15" to get started. There will be a meeting of the state stormwater coalition on August 1s at the DEP office in Worcester. This will be an informational meeting on how member towns can fill the requirements of the MS4 permit's annual report. Ms. Luck reviewed the upcoming meeting schedule. • July 25, 2019 at 5 PM Whalom Lakefront parking lot for Walkability at Whalom Area • July 30, 2019 at 5 PM Town Hall for Walkability at Main Street • Regular BOS meetings August 6, 13, 20,2019 at 7 PM • August 12, 2019 at 6:30 PM (Attend Planning Board Public Hearing on Unitil's Storm Resilency Program) PUBLIC COMMENT: There was none. Motion: D. McQuaid To adjourn the meeting at 7:36 p.m. 2nd: K. Adams Vote: All in Favor Respectfully submitted, Elaire m. Peterson Elaine M. Peterson Executive Assistant to the Town Manager RECEIVED & FILED SEP 0:4 2019 LUNENBURG TOWN CLERK OFFICE ======================================================================================== DOCUMENT : 2019-07-25-agenda-5167.txt BOARD : select-board DATE : 2019-07-25 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-07-25-agenda-5167.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07252019-5167 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Thursday, July 25, 2019 5:00 PM – Parking Lot along Whalom Lake AGENDA 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. 5:00 PM Introduction & Project Overview 5:15 PM Walking & Parking Audit 6:15 – 7:00 PM Review findings, come up with possible solutions, wrap up Adjourn ======================================================================================== DOCUMENT : 2019-07-30-agenda-5138.txt BOARD : select-board DATE : 2019-07-30 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-07-30-agenda-5138.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07302019-5138 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Tuesday, July 30, 2019 5:00 PM – Town Hall Starting Location - 17 Main Street REVISED AGENDA 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. 5:00 PM Introduction & Project Overview 5:15 PM Walking & Parking Audit of Main Street Area 6:15 – 7:00 PM Review findings, come up with possible solutions, wrap up Adjourn ======================================================================================== DOCUMENT : 2019-08-06-agenda-5168.txt BOARD : select-board DATE : 2019-08-06 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-08-06-agenda-5168.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08062019-5168 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Tuesday, August 6, 2019 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor AGENDA 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. 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 IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS V. OLD BUSINESS 1. Review and acceptance of Town Manager Evaluation Form 2. Review of the Special Event Policy with the Land Use Director VI. WORKSHOP: EARTH REMOVAL PERMITS VII. CURRENT BUSINESS 1. Discussion about Lake Shirley re: July 17th meeting, including status of weed management and discussion about any potential conflict of interest by Conservation Commission members that live on a town lake 2. Minutes/Warrants/ Action Items 3. Committee Reports VIII. UPCOMING MEETING/EVENTS SCHEDULE August 12, 2019 at 6:30 p.m. (Attend Planning Board-Unitil Public Hearing on Storm Resilency Program) August 13, 2019 at 7 p.m. August 20, 2019 at 7 p.m. IX. PUBLIC COMMENT  PUBLIC  BOARD X. ADJOURN ======================================================================================== DOCUMENT : 2019-08-06-minutes-5168.txt BOARD : select-board DATE : 2019-08-06 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-08-06-minutes-5168.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08062019-5168 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Board of Selectmen present: Tom Alonzo, Chair; Phyllis Luck, Vice Chair; Damon McQuaid, Clerk; Katey Adams, Member; Michael- Ray Jeffreys, Member Not present: Heather Lemieux, Town Manager Others present: Adam Burney, Land Use Director The meeting opened at 7:00 p.m. with the Pledge of Allegiance. Mr. Alonzo asked for a moment of silence following the shootings that occurred over the weekend in El Paso TX and Dayton, Ohio. PUBLIC COMMENT: Mr. Alonzo thanked Steve Archambeault and all the players in the town band. Last night was the final night of the summer concerts at the gazebo. He also thanked everyone who sponsored all the events. Ms. Adams noted the Farmers Market was very busy on Sunday. Dave Passios, 56 Whiting Street, attended the Lunenburg, Vermont Old Homes Day on Saturday. They are actually our sister town. It was sponsored by their Historical Society; He was hoping this could be mirrored in Lunenburg in the near future. He thanked Joanna Bilotta for giving him a commemorative Lunenburg, MA cutting board which was presented to Lunenburg, Vermont this weekend. Steve Bean, 27 Fire Road 15, responded to Ms. Luck's public comment last week regarding the Lake Shirley Improvement Corporation. He is on the LSIC board and moved to town in 2005. At that time, the lake was weed-infested. The response was to treat the lake with herbicides. He got involved and was at the meeting the LSIC bylaw was changed to indefinite terms for the President position. It was done out of necessity as no one else would serve as President. He agreed with Mrs. Luck that the two tributaries emptying into Lake Shirley are raising the nutrients levels in the lake. He asked why it is the sole responsibility of LSIC to address what is happening upstream or in the lake. Lake Shirley is owned by the town and the town is benefitting from the property taxes due to the increased assessed values of the houses on the lake. Why is there no help from the town? He requested a response from the Board about if anything is being done or can be done by the town. He was here for the future of the lake and future cooperation between all involved He stated he does not read Facebook and apologized for any comment on the Facebook page of the LSIC and to Mr. and Mrs. Luck for any disparaging remarks or unwarranted criticism that has happened in the past between our Board and you. The goals of LSIC are simple, to improve the quality of the lake for everyone to enjoy. He also believed an apology is due to LSIC and many of the town residents present at the May 29'" Conservation Commission meeting. He stated he was not present but had listened to the audio recording. He understood the meeting got heated and agreed ending the meeting was an appropriate response. Upon reading the police report and listening to the post meeting discussions, he was appalled by the unprofessional and inexcusable comments of the Conservation Commission directed at the residents. He stated it was his ===PAGE 2=== the lake but its healt and ecology eic. the town is addressing tose numents, as they are the result of stormwater runoff. Mrs. Luck is working on part of that as a member of the Storm Water Task Force, as well as the state. Controlling that as best as we can is something that the town is doing as every town in the commonwealth. It is a very large project; it takes a lot of resources. Cindy Lee Gee, 143 Flynn Road, had concerns about the LSIC and the Conservation Commission working together. Although we came to an emergency agreement at the last meeting, Board member personalities on either side have not changed. She believed the best thing to do going forward is training in communication. The meeting that we had held with Acting Chair Todd Dwyer on the commission led to an extremely productive process of rewriting the Order of Conditions (OOC). She requested more clarity on what remedial action was taken in regards to the Open Meeting Law complaint. Mr. Alonzo stated the Open Meeting Law complaint was responded to by Town counsel. Anyone who filed official complaints should have received an official response. Rob Bowen, 1686 Massachusetts Avenue, legal counsel for LSIC, stated there are some legal concerns about the eight minutes of prepared remarks from the acting Chair which was not listed on the agenda. There was no ability for LSIC to be prepared for the remarks and ask questions or respond. He presented an Open Meeting Law complaint to the Board. Mr. Jeffreys wanted to respond to some things that have been said. It was his belief that all of us are held to the same standard; whether you sit on either side of the table, we are all residents of this town. Just because some people are appointed or elected does not mean that they should adhere to a higher standard. When I listened to the meeting with the Conservation Commission and the residents of Lake Shirley, it was disturbing. All of us are adults and emotions get heightened sometimes and in given situations we respond because we are passionate about what we are feeling. But when we cross the point where we are calling names and accusing people of corruption, to me those are words of assault. A lot of what I have been hearing over the last couple of months has gotten to the point where it is very personal. It has shifted focus away from the health of a lake. Speaking as a resident, those of us who don't live on Lake Shirley do not have access to it. As far as I'm aware it is not publicly available to all of us, but it is town property and we do understand that LSIC, as an agent of the town, is taking care of this for the residents who live there. He found it difficult as a resident, when an agent of the town forces the town to spend money without first coming to the town to have a conversation. It's fully within your right, but there are other ways to resolve conflict without being adversarial. We can disagree but we can sit down and work things out. A lot of things that have transpired over the last couple of weeks are upsetting to a lot of people, not just the Lake Shirley residents but the people watching at home. There was misinformation about what is going on and the meeting in July clarified a lot of stuff. I encourage people to find ways to work together. We have a responsibility as fellow citizens to sit down and try to work things out. That is the leadership that is not just for us, but for all of us. ===PAGE 3=== advised that this meeting is being recorded and broadcast over the Lunenburg Public Access channel. Steve Weaver, 288 Holman Street, regarding the special event permit policy, asked to not allow camping at all and to please restrict amplified music and sound for only eight hours a day. CURRENT BUSINESS 1. Discussion about Lake Shirley re: July 17"h meeting, including status of weed management and discussion about any potential conflict of interest by Conservation Commission members that live on a town lake Mr. Alonzo reported there was a meeting between some LSIC members and their legal counsel, Rob Bowen, Town Manager Lemieux, two of the Conservation Commission members and myself. We discussed the vegetation and algae control, as well as the Order of Conditions. One issue brought up by LSIC was to revisit potential conflict of interest of three Conservation Commission members that live on town lakes. Because they are an appointed body, their disclosures have to be filed with this Board to be approved. It is the belief by some that they should be directed by this Board to recuse themselves when discussing and voting on lake matters. Mr. McQuaid stated it made sense for people who live on water and near wetlands to be on the commission because any rulings they make, they have to live with as well. Ms. Adams noted it is a complicated situation. Ms. Luck stated we are always looking for volunteers and that would not bode well for the town. Discussion turned to what would constitute a conflict if you lived on a lake and made decisions about the lake. Mr. Jeffreys reading the MGL definition of a conflict stated there are a variety of things listed such as gifts and financial gain. Before we revisit this we need a very specific request on what that conflict actually is. The general consensus of the board was to not revisit this issue. Mr. Alonzo asked for public comment. Attorney Bowen stated ownership of a home on lake constitutes financial interest. For example, a board member could be voting on whether LSIC has to spend vast amounts of money on the lake that you live on in order to help your property values increase. That is the type of issue the conflict of issue law is intended to solve. That is what we are asking the Board of Selectmen to take another look at. Mr. Alonzo did not agree, everything LSIC is doing is discretionary, they don't have to do anything. There are currently complaints before the State Ethics Commission, so whether or not this Board takes any action, at some point the Ethics Commission will issue a determination about whether we are right about this or not. Mr. Alonzo noted disclosures were filed in 2015 with this Board. Can you point to a decision that has been made since then that falls into the category of making a financial impact that was not unanimous by the Conservation Commission? LSIC did not come here in 2016, 2017 or ===PAGE 4=== impact. If you want to treat the lake, LSIC has to spend between $30,000 and $50,000. Mr. Bowen stated the commission is requiring more money be spent to treat the lake in order to increase their property values. LSIC wants to treat the lake at a lesser cost. The corporation feels it is possible and that is the nature of the dispute. Mr. Alonzo stated from what he heard LSIC did not want to have as much oversight, which would lessen the cost to LSIC. Mr. Bowen stated they believe the conditions are overly burdensome and that DEP would approve their less expensive alternative. That is sufficient to protect the lake and environment without incurring the additional cost that some conservation members have persuaded other members is necessary. That is the conflict. Mr. Jeffreys stated he was not persuaded by Mr. Bowen's argument for LSIC. I would look for at least one instance in which there was a close vote. Here you have a body that is overwhelmingly voting a certain way, so I am not clear here on what it is I am supposed to identify as the conflict: Just the fact that you own a home on the lake is the conflict. Bowen responded it is a serious financial impact that presents the conflict. He suggested watching the April 17 meeting. I did try to reach out to Town counsel but we ran out of time. It was my opinion that the member steered the commission toward their decision. Mr. Jeffreys respectfully disagreed with Mr. Bowen on whether or not this represents a conflict. I do recognize that Mr. Luck owns land on Lake Shirley as many people here have stated. To position ourselves to believe that the simple act of ownership constitutes a conflict that requires action on this Board's part does not rise to this level yet. Ms. Adams added it is a parcel of town-owned land and it puts it into a different category other than personal property. Steve Weaver agreed with Ms. Adams that it is town property. Because you own a house on Main Street, does that mean you can't say what goes on there? Todd Dwyer, 361 Mulpus Road, Conservation Commission Vice Chair, believed this is a conflict for members that live on a lake and that is why they disclosed it to the BOS and allowed you to make a determination on whether a conflict existed. Whenever a member has a conflict such as abutting a property that is scheduled before us, we routinely recuse ourselves from the meeting. That would not preclude us from commenting as a concerned citizen but you would not have any voting privileges on that issue. Mr. Alonzo stated he did not see a reason to revisit the conflict of interest following tonight's discussion. He advised the members if they did, they should make a motion to do so. There was none. He stated the Board would not be acting on this request but if the Ethics Commission rules differently, we will abide by that. ===PAGE 5=== board members speaking confidentially with statt about the town Manager s pertormance so there could be a report added that could assist with this. Mr. Alonzo suggested discussing with labor counsel on how to do that. Mr. Jeffreys stated he would support this but wanted to note his difference with the Board on section 7, rating the Town Manager on her relationships with Board members. Motion: D. McQuaid 2^°: P. Luck To approve the Town Manager Performance Evaluation form as presented Vote: All in Favor Minutes/Warrants/ Action Items The Board signed an accounts payable warrant in the amount of $398,124.18, a payroll warrant in the amount of $649,911.18 and a deductions warrant in the amount of $32,137.22 Minutes of May 21, June 4 and 11, 2019 were approved. Committee Reports Ms. Luck reported the Storm Water Task Force held a workshop and developed a survey for residents about their knowledge of stormwater issues. Mr. Burney will place it on Survey Monkey soon. Ms. Adams reported she went on the walkability tour last week of the Whalom Area. It was a small group but it was pointed out there was a need for sidewalks. Action Items Mr. Alonzo presented correspondence from the Finance Committee Chair proposing a host panel with this Board, Planning Board and School Committee Chairs and them sometime in October. It would include a presentation from Land Use Director Burney presenting planning to provide trends in anticipated growth in population demographics over the past ten through the next ten years, and representing the School Committee trends and goals following demographics. Also, Town Manager Lemieux would present projected trends and anticipated needs for town services. 1. Review of the Special Event Policy with the Land Use Director Mr. Burney presented the amended policy following the comments and suggestions from the July 16 meeting. Wording in the Alcohol/Drug Use section was changed per Ms. Luck's suggestions. The word "No" will be removed the following line "No Bring Your Own Bottle (BYOB) Licenses may be issued for Special Events," and the sentence shall read "BYOB Licenses shall not be issued for Special Events." Ms. Adams noted if only question #3 in Category A was checked off, and no boxes were checked off in Category B, then the applicant would not require a special permit, only permission from the Town Manager office to use the town property. ===PAGE 6=== question #- in category A staung, here shal be no camping allowed on town property. wir. Jeffreys and Mr. McQuaid did not agree camping should be prohibited on town property. Motion: K. Adams 2nd: T. Alonzo To prohibit camping on town property Vote: 3 in favor, 2 against (McQuaid, Jeffreys) Mr. Burney asked if the Board would like to take the question checklist out of the policy and add it to the application. The Board concurred. Mr. Alonzo suggested creating tables. Under Alcohol/Drug Use, Mr. Jeffreys noticed marijuana is prohibited; does that mean we can never allow a Hemp Fest in Town? Mr. Burney stated we have a bylaw that prohibits the use of THC in public. Discussion ensued about smoking marijuana in public. Mr. Passios noted if you have a circus coming into town, the circus employees usually live in trailers. Are you going to make them move? You are creating a conflict in your wording Mr. Weaver brought up restricting music to only eight hours per day. He wanted to see it printed in the policy. Discussion ensued about this option but the general consensus of the Board was to deal with music on each individual application. Mr. Burney will bring back the final version. WORKSHOP: EARTH REMOVAL PERMITS Mr. Burney started with the current earth removal bylaw. It includes parameters with which you use currently to issue permits. It is triggered at 10 cubic yards, which is one dump truck load. It has exemptions for septic systems, building permits and subdivision roads, which all generally include more than one dump truck load of dirt. It does not address earth fill and has a limited list of items for submission with the application. It requires a closure plan prior to sale, construction or reuse of the property. Over the years, he believed the Board of Selectmen (BOS) has been left needing more information. He presented a proposed bylaw to expand the definitions to include a more expansive list of items that are related to earth removal. It increases the threshold to 1,000 cubic yards. The Planning Board is still discussing whether they want to drop the threshold down to 500 cubic yards. What it does address is earth fill. It also expands exemptions a little bit. Another proposed change is when the earth removal and replacement are contained with the parcel. You often see this in agricultural settings. We added some additional exemptions: • Earth removal or the placement of fill proposed for land falling within the Town's Floodplain Protection District, which shall be governed by §§ 250-4.8 of the Lunenburg Zoning Bylaw and require a special permit from the Planning Board. • Earth removal or the placement of fill proposed for land falling within the Town's Wetland Protection Bylaw and associated buffer zones, which shall be governed by the Wetlands Chapter within the Town's General Bylaws (Chapter 239), which is administered by the Conservation Commission, and the Massachusetts Wetlands Protection Act. ===PAGE 7=== natural drainage flow beyond the property; or to cause dust, silt, soll, or other materials to be deposited on adjacent properties; or to otherwise cause nuisances, hazards, or other objectionable conditions detrimental to health, safety, or property values in adjacent areas. • The excavation is not active for a period of time greater than is reasonable for the activity being conducted • Any earth removal or fill is limited to the necessary scope of the project. Mr. Burney stated this proposed draft bylaw would go to Special Town Meeting for approval and if approved by the Attorney General's office, and after being posted publicly for 90 days, the Planning Board will take over issuing earth removal permits. The draft bylaw has a provision for the continuation of existing permits and operations. Most earth removal permits do not have one-year terms. We are proposing the initial term for permits to be three years with two-year extensions as most earth removal operations are long-term. Mr. Jeffreys asked Mr. Burney if he has discussed the proposed bylaw with Powell Stone & Gravel and PJ Keating Co. Mr. Burney stated we started this process last year and discussed it then. Currently Powell has only one permit which they will be closing out. We did offer both companies an opportunity to review the bylaw when it was close to being completed. Interim Building Commissioner Rhodes and I met with P J Keating last month. They have a whole new team and we did extend the same to them. They would like to have a look at it. As we finalize we will be sending it out to them. Mr. Jeffreys and Mr. McQuaid stated they would like feedback from the stakeholders regarding the draft bylaw. Mr. Burney stated regarding earth fill, we are trying to ensure we have documentation showing where it originated and that criteria for how to fill in is in place. This bylaw grants the permitting authority to create regulations. Mr. Burney stated the Planning Board would like to hold a public hearing even though it is a general bylaw and they would probably meet with this Board before Mr. Burney received the final information related to PJ Keating's permits today. It appears they have done the work that was requested. There were three parcels on which they had outstanding issues. I will be forwarding a memo on their renewal applications. On permit #15 which is the north side of the railroad tracks and the west side of Reservoir Road as you go under the bridge, a parcel there has a 250 foot buffer zone and they were required to place markers to indicate a no removal zone. They have done that. There are some outstanding slope and reclamation issues, ===PAGE 8=== adding loam and secaing. • Acaung nad malcaled Decause ine Blanding s turue ukes to nest in gravel areas, that leaving it open would be Natural Heritage's preference. We got a communication from Natural Heritage that they were okay with loam and seeding and PJ Keating could remove the material as long as they were outside of the area. That permit covers their processing plant, the habitat area and the land with the remaining material. We had a discussion with them about excluding the processing plant from the permit because they were not removing earth but processing. Previous management had alluded that they were regularly cleaning out serpentine detention ponds and sometimes creating new ones for the deep watering they do at their quarry. But that is not earth removal; it is part of maintenance of a drainage structure. That will probably one of the recommendations coming forth. Finally, they were required to monument the 100-foot boundary in the gravel pit along Fort Pond Road and Leominster-Shirley Road. They have indicated they have done that but it will have to be inspected to confirm. Mr. Alonzo reviewed the upcoming meeting schedule: The Board will attend the Planning Board meeting on Monday, August 12 for the Unitil public hearing on the Storm Resiliency Program. Regular meetings this month will be on August 13 and 20. PUBLIC COMMENT: Ms. Adams noted in regards to the earlier conversation about marijuana use; you can use it in your car but not in public spaces. Motion: D. McQuaid To adjourn the meeting at 9:43 p.m. 2nd. K. Adams Vote: All in Favor Respectfully submitted, Elai In. Peters on Elaine M. Peterson Executive Assistant to the Town Manager RECEIVED & FILED SEP 0 4 2019 LUNENBURG TOWN CLERK OFFICE ======================================================================================== DOCUMENT : 2019-08-12-agenda-5169.txt BOARD : select-board DATE : 2019-08-12 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-08-12-agenda-5169.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08122019-5169 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Monday, August 12, 2019 6:35 PM – Town Hall Bilotta Meeting Room, Second Floor AGENDA 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. 6:35 PM Open Meeting I. Attend Planning Board and Tree Warden Public Hearing to hear and review a request to prune and/or remove trees through the Storm Resiliency Program, along Leominster Road from West Street to Lancaster Avenue, and along Lancaster Avenue from Massachusetts Avenue to Rolling Acres, under M.G.L. Ch. 40, § 15C, Scenic Road Designations and under M.G.L. Ch. 87, § 3, Cutting of Public Shade Trees. Subject trees range from eight (8) inches to thirty (30) plus inches and consist of the following species: Maple, Red Pine, Norway Spruce, Silver Maple, Red Maple, Sugar Maple, Cherry, Elm, Norway Maple, Hemlock, Sycamore Maple, European Beech, Ginkgo, Black Locust, Magnolia, White Pine, Spruce, Ash, Hickory, Oak, and Red Oak. Owners are the Town of Lunenburg and various private parties. Applicant is Unitil, 357 Electric Avenue, Lunenburg, MA 01462. The Storm Resiliency Program is available for viewing in the Planning Office. Votes may be taken. II. Adjourn ======================================================================================== DOCUMENT : 2019-08-12-minutes-5169.txt BOARD : select-board DATE : 2019-08-12 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-08-12-minutes-5169.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08122019-5169 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Board of Selectmen present: Tom Alonzo, Chair; Phyllis Luck, Vice Chair; Damon McQuaid, Clerk; Katey Adams, Member; Michael- Ray Jeffreys, Member Planning Board Members present: Matt Allison, Tanner Cole, Gregory Bittner, Paula Bertram Others present: Heather Lemieux, Town Manager; Jack Rodriquenz, Tree Warden; Adam Burney, Land Use Director; John DiNapoli, Unitil's Municipal and Community Services Manager; Sara Sankowich, Unitil's System Arborist; Dave Clapham, Unitil's Forestry Supervisor The meeting commenced at 6:35 p.m. Mr. Allison welcomed the Board of Selectmen and Tree Warden. The hearing was to review a request from Unitil to prune and/or remove trees along Leominster Road from West Street to Lancaster Avenue, and along Lancaster Avenue from Massachusetts Avenue to Rolling Acres Road under M.G.L. c. 40, 8 15C, Scenic Road Designations and under M.G.L. c. 87, § 3, Cutting of Public Shade Trees. John DiNapoli introduced Sara Sankowich, Manager of Forest Operations and Sustainability, and Dave Clapham, Forestry Supervisor. Also present was Alec O'Meara, Unitil's Media Relations Manager. Ms. Sankowich stated Unitil's Storm Resiliency Program (SP) helps to prevent power outages caused by trees and nearby vegetation and is in addition to their normal pruning program. Trees that pose a structural or biological risk to the electrical lines have been marked for pruning or removal. This program enables Unitil to access the wires and restore power during a storm outage. Boards were in receipt of the Tree Risk Assessment Forms for each individual tree along with a listing of all trees, indicating size, species, whether or not the tree would be removed or trimmed, whether or not the tree was on private or public property, and number of tree(s) offered as replacement. Unitil is requesting to remove 32 public trees. The trees have been marked with a white ribbon. Mr. Jeffreys asked what "to be determined," means under the tree owner list. Mr. Clapham stated there are 12 trees on the list of which we don't yet have permission from the land owners. Mr. Jeffreys stated he drove down Leominster Road and it is overgrown and wondered how tree management has gotten this bad. He suggested it would be more cost effective for Unitil to do business this way than to do routine pruning and he was not in favor of this. He asked, for a major storm event, what has been your plan for the last ten years for tree maintenance? ===PAGE 2=== outages. These outages were just for the circuit that is the subject of this hearing. The circuit is around 35 miles and covers just over 1200 customers. An outage can range from one to multiple customers. Out of all the Unitil circuits, this is the worst one for reliability in the Commonwealth. Ms. Adams stated she did not want to see pruning beyond the routine vegetative management program on a scenic road. She asked what the Board's role was in this process. Mr. Alonzo stated the Board would eventually be asked to approve Unitil's request. Mr. Bittner stated the Planning Board nor the Board of Selectmen members as owners of the trees haven't been asked to comment on the request. He asked Ms. Sankowich if the Town was notified as a tree/land owner. Mr. Burney stated when the original application was filed at the beginning of July, you were sent the SRP and all the data on the trees, as was the Board of Selectmen, the Town Manager and the Tree Warden. Mr. Clapham stated he has talked to all the abutting tree owners and explained what they would like to do. Ms. Lemieux clarified the role of the Board of Selectmen for a scenic road public hearing, citing M.G.L. c. 40, §15C, which requires a public hearing with the Planning Board and Tree Warden. Also, M.G.L. c. 87 § 3, for the cutting of public shade trees, in which the Tree Warden grants approval for cutting/removal of trees. But, if there are any individual objections in writing, then the Board of Selectmen has the final approval. This joint meeting is so everyone can hear the same information at one time. Although the hearing was posted, discussion ensued regarding diligent notification to the public about the opportunity to provide written comment/objections to the tree cutting. Mr. McQuaid stated he understood the need for maintenance of trees and keeping them in safe operating condition, but trimming the trees and keeping them healthy is completely different from this SRP. Just from looking around town, he has seen examples of Unitil's other cutting projects and was not impressed by any of them. The topping off of trees and leaving them to die or cutting every branch on one side of a tree just looks terrible. He didn't want to subject the center of town to that same treatment. Ms. Bertram requested to see the data presented in a more understandable format; it would be helpful going forward with a spreadsheet instead of working off multiple documents. She inquired about potential liability for the tree abutter or the Town if it chooses not to have tree(s) removed. Ms. Sankowich advised consulting Town counsel regarding liability. Ms. Lemieux will pursue the question of liability with Town Counsel. Bertram also stated a map would have been helpful and noted there is no data associated with the poor circuit. She stated you are talking about removing five trees and replacing with one tree, where is that tree going to be placed. What tree and species are you removing and then replacing with? Where is it going to be located, on public or private property? There is a lot of missing information. We don't have that data tonight to make an informed decision. Ms. Sankowich thanked Ms. Bertram for the feedback. ===PAGE 3=== boards if you don't agree, don't do it. Ms. Sankowich stated that Unitil is only looking for a decision from Lunenburg as to whether or not it wants Unitil to pursue the SRP. If the Town has no wish to pursue, Unitil requests a letter stating so. Mr. Jeffreys stated that maybe the SRP should be pursued but not on this scale. He asked if Unitil could provide data as to when a road was pruned and subsequent outages that occurred afterwards on that road. Ms. Sankowich stated she could, they have a map with all the location/dates of the outages and the pruning done. Ms. Adams stated this comes down to preference; do you prefer to have less outages and take down all the trees so they can't fall, or leave the trees and run the risk of them falling. I would rather keep the trees. Motion: K. Adams To not grant permission to remove the 32 trees on the public land in the scenic roadway Mr. Allison pointed out that there has not been public comment yet. Ms. Bertram recommended hearing from the public and before acting to continue the public hearing for additional information. We have correspondence from Unitil on the condition of the trees which now becomes a potential liability and would like clarification from Town counsel. There is no data on what specifically you are replacing for trees. What are you replacing and with what are you replacing them? There is a lot of data missing Sarah Cammer, 304 Lancaster Avenue, stated she is not located within the current SRP area, but feels this is being presented as an all or nothing plan with no other options are being offered to the Town. Many of the trees were selected due to proximity to power lines; power lines could be placed underground. She would like to see some effort in protecting those trees. Ms. Sankowich responded we are here to start the discussion, there are options available, but the Town will gain the most benefit from following through with the recommended SRP because we are looking at reliability related to trees. Unitil and the Town can discuss what would be the perfect plan for the Town. We are very open to hearing about each individual tree. Mr. Alonzo agreed that they did not have enough data. He thought having an independent arborist to go through these and seeing if we concur was sensible. These trees are 80-100 years old. He wanted to address liability by having their own arborist look at them and once we have that, have Unitil come back and do a walk through on the road. Bonnie Reynolds, 91 Lancaster Avenue stated Mr. Clapham has been to their home a couple of times. We have very tall trees in the front of the house which gives me concern during storms. She ===PAGE 4=== because there has been a significant increase in storms since 2011 in which power is lost and people don't like that. It can also be life threatening for some people if they lose their power. Ms. Luck asked Sankowich how many public and private trees Unitil is suggesting to cut down. Sankowich did not have those numbers for this hearing. Mr. Jeffreys although not in favor of this, could go with some modifications and hopefully Unitil has listened to the requests for more information from the comments. Ms. Bertram stated ultimately Unitil is doing this because you have to. You are hearing from the public that it shouldn't be an all or nothing approach. She thought looking at the trees themselves makes sense. She was concerned about Sankowich's comments that if we don't do a certain percentage then the program doesn't work. Sankowich thought the walk was fantastic and if you want to hire an arborist we can go with them. The percentage question is tricky because at what point are we not getting at true benefit? Depending on where the trees are and how severely compromised they are, makes the difference. We are definitely willing to continue the conversation without the program. Mr. DiNapoli asked if both Boards would provide a written list of their questions to enable Unitil to respond to all the concerns. Ms. Bertram stated she understood his request but personally, she would like to have an independent arborist review the tree list. She would like the assessment sheets for each tree correlated to the map and a pole number. Before we have another meeting, we should walk the route. She added we are looking for data related to these trees and the outages. Discussion of a future continuance date ensued. Ms. Adams withdrew her motion. Mr. Rodriquenz stated in 2015 the BOS had a hazardous tree survey conducted by two certified arborists. They had listed around 20 trees on Lancaster Ave. He would like to cross-reference those trees with Unitil's list. Mr. DiNapoli requested the hearing be continued to the Planning Board's September 23 meeting. Ms. Bertram suggested moving the Hearing to October 7 for the availability of the Selectmen Chair. Discussion ensued about whether to hire an arborist. Motion: P. Bertram 2°d: G. Bittner To continue the public hearing to September 23, 2019 at 6:35 PM Vote: T. Cole-aye, G. Bittner-aye, M. Allison-aye, P. Bertram -aye Motion: P. Bertram 2nd: G. Bittner ===PAGE 5=== Respectfully submitted, Elaiieh Peterson Elaine M. Peterson Executive Assistant to the Town Manager RECEIVED & FILED SEP 1 1 2019 LUNENBURG TOWN CLERK OFFICE ======================================================================================== DOCUMENT : 2019-08-13-agenda-5171.txt BOARD : select-board DATE : 2019-08-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-08-13-agenda-5171.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08132019-5171 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Tuesday, August 13, 2019 6:30 PM – Town Hall Bilotta Meeting Room, Second Floor AGENDA 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. 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 P.M. OPEN THE MEETING I. ENTER EXECUTIVE SESSION: Motion to enter Executive Session under MGL Chapter 30A, Section 21, Reason #6 to consider the purchase, exchange, lease or value of real property, and the Chair so declares that an open meeting may have a detrimental effect on the negotiating position of the governmental body (635 Massachusetts Avenue) and to re-enter Open Session after adjourning from Executive Session. II. CALL THE OPEN SESSION BACK TO ORDER WITH THE PLEDGE OF ALLEGIANCE III. PUBLIC COMMENT  BOARD  PUBLIC IV. ANNOUNCEMENTS V. APPOINTMENTS 7:05 PM Council on Aging Update from COA Director and COA Chairperson VI. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Ratification of Town Manager Appointments of Police Sergeant Josh Tocci (effective August 13, 2019) and Police Sergeant Sean Zrate (effective August 14, 2019), Full Time Police Offier Kamerin Monroe (effective November 2, 2019), Full Time Police Officer Samuel Christensen (effective November 3, 2019), Reserve Police Officer Anthony Cappucci VII. TOWN MANAGER REPORT VIII. CURRENT BUSINESS 1. Discussion on Appointment of Building Committee for Design of Consolidated Town Office, School Use, and Community Use Space at the current TC Passios Building 2. Letter from the Town Clerk re: Selectmen Notice of Determination to Discontinue Use of Accu-Vote Optical Scan Tabulator effective August 31, 2019 and replace with ICP Tabulator 3. Minutes/Warrants/ Action Items 4. Committee Reports IX. OLD BUSINESS ===PAGE 2=== X. WORKSHOP ON BOARD OF SELECTMEN POLICIES XI. UPCOMING MEETING/EVENTS SCHEDULE August 20, 2019 at 7 PM XII. PUBLIC COMMENT  PUBLIC  BOARD XIII. ENTER EXECUTIVE SESSION: Motion to enter Executive Session under MGL Chapter 30A, Section 21, Reason #1 to discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or discuss the discipline or dismissal of, or complaints or charges against, a public officer, employee, staff member or individual (Conservation Commission Chairman) and to adjourn from the meeting after exiting Executive Session. XIV. ADJOURN ======================================================================================== DOCUMENT : 2019-08-20-agenda-5172.txt BOARD : select-board DATE : 2019-08-20 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-08-20-agenda-5172.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08202019-5172 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Tuesday, August 20, 2019 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor AGENDA 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. 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 Quarterly Financial Report from Finance Director Karen Brochu 7:10 PM PILOT for 190 Electric Avenue: Borrego Solar and Regional Assessor Representative IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS V. TOWN MANAGER REPORT VI. CURRENT BUSINESS 1. Decision regarding complaint about Conservation Commission Chairman 2. Earth Removal Permit Renewals 3. Discussion on creating Minimum Level Spending Subcommittee 4. Minutes/Warrants/ Action Items 5. Committee Reports VII. OLD BUSINESS 1. Discussion about Unitil’s Storm Resiliency Program 2. Discussion with Labor Counsel on Process of conducting Town Manager Annual Evaluation VIII. UPCOMING MEETING/EVENTS SCHEDULE September 3, 10, 17, 2019; September 19, 2019 Board Appreciation Gathering- Eagle House 6- 8 p.m. IX. PUBLIC COMMENT  PUBLIC  BOARD X. EXECUTIVE SESSION: Motion to enter into Executive Session Pursuant to MGL c. 30A, Sec. 21, Reason #3, to discuss strategy with respect to collective bargaining and the Chair so declares that an open meeting may have a detrimental effect on the negotiating position of the governmental body (Police Union). XI. ADJOURN ======================================================================================== DOCUMENT : 2019-08-20-minutes-5172.txt BOARD : select-board DATE : 2019-08-20 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-08-20-minutes-5172.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08202019-5172 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== McQuaid, Clerk; Katey Adams, Member; Not present: Michael-Ray Jeffreys, Member Others present: Heather Lemieux, Town Manager Adam Burney, Land Use Director The meeting opened at 7:00 p.m. with the Pledge of Allegiance. Mr. Alonzo 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. PUBLIC COMMENT Ms. Adams, in response to an email about the Unitil Storm Resiliency Program (SP) that she read where someone was advocating for the pruning of the trees and they did not want to stop that, she noted standard pruning is not what this program is about; it occurs anyways. She wanted that person to know if we are advocating to keep trees it does not mean we are not advocating to still the prune trees. Mr. Alonzo announced the Board is hosting a Volunteer Appreciation Keception on September 19 from 6:00 - 8:00 p.m. at Eagle House Senior Center. It is for all committee and board members so the Board can recognize their volunteerism. It will also be an opportunity for townspeople to speak with these appointed/elected officials. Please RS VP to Executive Assistant Elaine Peterson by 4:00 p.m. on September 12th so refreshments can be planned accordingly. Ms. Lemieux announced Casella Waste has notified us that a truck has broken down today so Electric Avenue (one side), Hollis Road, Whalom Road, and all connecting roads' trash and recycling will be picked up tomorrow. Steve Weaver, 288 Holman Street, thanked the Board for their position on the Unitil SRP proposal to remove all the trees. Regarding the TC Building Design Committee, he advised waiting another year due to housing development in town and the possibility of more school children coming into town. He suggested adding an associate member to fill in for any vacancies on that committee. He believed the Town should only address one building at a time and it should be the old Primary Building. Ron Dionne, White Street, stated he rode down the street and could not find any marked trees involved in the SRP. He also questioned why the Town would grant permission to private property owners to remove their trees. Ms. Alonzo explained some of these roads are scenic roads and a tree hearing is required for removing trees on them. Quarterly Financial Report from Finance Director Karen Brochu Ms. Brochu referred to the FY19 4* Quarter report she had provided. She stated she would read the summary and if there were questions to present them to her. Revenues Total collections for FY19 are $40,740,654.14. Actuals exceeded estimates by .22% or $88,772.34. Below is a summary of the individual categories: ===PAGE 2=== but due to increases in other categories overall actuals exceeded estimates. • Taxes: We received 98.35% or $441,858.79 less than the levy estimate. We also received $143,695.63 in tax lien revenue. • State Aid: We received 100.82% or $72,416.00 more than the state aid estimate. This was primarily due to increases in our charter tuition reimbursement and also FY 18 40S funds were not received until early in FY 19. Expenditures We expended/encumbered $39,880,567.65 (98.1%) of budgeted expenditures as of 6/30/19. There were appropriation closeouts in the amount of $771,315.15. State Assessments were $12,935.00 higher than cherry sheet estimates. This was due to changes in Choice & Charter Tuition costs for students going out of district. Of note on the expenditure side is the following: • Salary Reserve- There was an unappropriated balance of $57,303.04 in this account at year-end. • Public Buildings = There is an unexpended balance of $39,479.87 in this account at year-end, primarily due to unexpended electricity costs. • Facilities & Grounds- There was an unexpended balance of $47,089.37 in this account at year-end, primarily due to a vacant position. • Police Department - There was an unexpended balance of $50,869.60 in this department budget at year-end. • Police Lock Up - There was an unexpended balance of $18,580.78 at year-end. • Building Inspection - There was an unexpended balance of $51,620.10 in this appropriation at year-end, primarily due to a vacant position. • School Department - There was an unexpended balance in the school department of $13,653.15. This amount reflects offsets made to the School Department budget to account for Choice/Charter tuition assessments and the deficit in Choice/Charter tuitions. • Highway Labor - There is an unexpended balance of $79,232.10 at year-end primarily due to vacant positions. • Vehicle Maintenance - There is an unexpended balance of $25,999.22. • Veterans Benefits There is an unexpended balance of $37,761.49. • Unemployment Compensation - There were limited benefits in FY 19 and as a result, $5,719.00 will close to free cash atyear- end. • Worker's Compensation/Liability Insurance - There was an unexpended balance in these appropriations of $37,752.65 at ===PAGE 3=== is roughly si million. Once all the reports are complete and the balance sheet is submitted to the state we will probably see Free Cash somewhere in the range of $1 million. Mr. Alonzo asked about the tax receipts at 98.35%, is that typical? Ms. Brochu stated yes. He asked about some of the revenues being over 100%, what should we be doing for the future. Ms. Brochu advised being conservative with our local receipt estimates. They are dependent on the economy, so the more conservative we are; the better off we are because we could end up in a situation where we overestimate and then we would have to raise that deficit in the next year. Ms. Luck noted the motor vehicle excise receipts being higher than anticipated this year and suggested every year, we should try to estimate, "closer to the bone," because if people see we have a lot of free cash, they want to spend it. Ms. Brochu understood what Ms. Luck was saying but respectfully disagreed. Ms. Luck requested all the estimates for motor vehicle excise taxes over the last ten years. Ms. Brochu stated she could provide those. Brochu added you should be looking at all the local receipts because you may have other categories that are under-estimated. We have increased the motor vehicle excise estimate by $50,000 to allow for the budgeted contribution to the pavement management plan. Also, if you look at the overall amounts, we were only $88,000 above the total estimates. Mr. Alonzo noted if we keep the receipt estimates conservative, then you can't spend it at town meeting because of the budget limits. Ms. Lemieux added that is why we have a Free Cash Policy to use it for one time expenditures. Mr. Alonzo agreed with Ms. Brochu because it is too easy to justify spending Free Cash if the money is available. Mr. McQuaid stated in the past, the Capital Plan was lucky if it had $400,000 in a good year. We always have more that $1 million in requests; that does not change. Mr. Alonzo added to Ms. Luck's request and asked for a spreadsheet showing all local receipt estimates and the percentages for comparison. The Board thanked Ms. Brochu. PILOT for 190 Electric Avenue: Borrego Solar and Regional Assessor Representative Greg Rocher representing Borrego Solar, and Diane Peterson, Regional Resource Associates Assessor/Solar Consultant were present for the discussion. Mr. Alonzo noted this was an informational discussion. Mr. Rocher stated they have been working with the Town for about 18 months to develop this 2.5 mega-watt ground-mounted solar project. We have obtained all the required permits from the Town and interconnection approval from Unitil. It was submitted into the Smart Solar Program and qualifies for it. We are waiting for the program to be extended as currently it is full. Ms. Peterson stated they have been working with the developers on behalf of the Town and have looked at the economics of the project. Under the Smart Program, it is regulated on what the reimbursement rate is for the developers. What we do is a discounted cash flow analysis on all the costs and credits under the Smart Program, and come up with a program that we believe is in line with what a PILOT agreement should be based on; the economics of ===PAGE 4=== they were not paying the find would they sull be paying approximately the same amount over the life of the project. Ms. Peterson stated they would be paying less. Ms. Lemieux stated the PILOT is being reviewed by legal counsel. There will be a future meeting to sign the contract, if accepted. Ms. Lemieux asked for Selectman Jeffreys, who was not present, if the payments could be tied to the consumer price index. Ms. Peterson stated an escalator of 2.5% was built into the agreement. Ms. Lemieux asked about battery storage and how that is calculated differently. Mr. Rocher stated it allows us to release energy at peak hours when the sun is not shining. The electricity is not priced higher due to the battery storage versus solar panels. The Smart Program does offer an "adder," for battery storage per kilowatt hour, but the utility pays the same amount. TOWN MANAGER REPORT Announcement on Existing Vacancies: The following is a list of vacancies on the following committees: • Agricultural Commission (1 regular memberand 3 alternate vacancies) • Americans with Disabilities Act Commission (1 vacancy) • Architectural Preservation District Commission (1 designprofessional; craftspersonor building contractor familiar with historic renovation) • Finance Committee(1 positionappointedby the Finance Committee Appointing Committee) • Housing Authority (1 elected position that will be a joint appointment with remaining Housing Authority members and Selectmen) • Planning Board (1 elected position that will bea joint appointment with theremaining Planning Board members and Selectmen) • Sewer Commission (2 elected positions that will beajoint appointment with theremaining Sewer Commission members and Selectmen) • Zoning Board of Appeals (1 regular member and 2 Associate vacancies) Talent bank forms can be obtained on the Town Website and forwarded to the Board of Selectmen's Office. Turkey Hill Elementary School, Primary School, and TC Passios Water Sampling Results: Recently the School had sampling for lead and copper performed and some water taps at the Turkey Hill Elementary, Primary School, and TC Passios building had copper and lead levels above the MA Action Level for copper and lead in drinking water at schools and early education and childcare facilities. The School Superintendent sent me the notices that went home to all the families of children in each building, as well as the summer extended day families for the TC Passios building, and which are posted on the School District website. This week a letter to all the families of students registered for the fall extended day program will be sent out as well. The school administration is working with the Lunenburg Water District and Mass DEP. Due to a concerned resident that reached out to the Board and myself about questions on whether this was a problem with the town water, 1 reached out ===PAGE 5=== Thereare no leadservicelines in Lunenburg and connections from the water main to residences do not use lead solderingto makethe connections. Lead isused specifically within homes that have copper tubing. Copper tubing is common in most homes, but less now with most plumbers using plastic tubing. Lines that have not been flushed and water has sat in the plumbing for 6 hours or more, may see elevated levels. The Water District injects Sodium Hydroxide into the water that raises the pH of the water. A pH of 7.0 is neutral. Over the many years of sampling for copper and lead, the Water District has determined that Lunenburg should have a pH in the water system in the area of 7.3. When the Water District does their monthly bacteria testing, they also do tests for pH and chlorine levels. They are very confident that the pH levels throughout the water system are at a level adequate to limit the leaching of copper and lead from household plumbing. They do recommend that even with passing the sampling requirements that residents should flush the water until it is cold before using it for drinking or cooking. MassDEP Recycling IQ Kit Grant Update (TM Goal #2): Weare currently advertising for four grant-funded positions that will be doing the curbside checks on recyclingand trackingthedata. Thepositions wereadvertised in the Ledger, areon thetown website, Indeed.com, and the Town Facebook page. Pleasepassalongthepostingto anyoneyouknow thatis interested. Engineering Services for Year 2 of the MS4 Permit: The Stormwater Task Force Committee, DPW Director, Land Use Director and I met with the engineering firm, CEL, on Thursday, August 15th to review all the associated tasks that need to be accomplished during Year 2 and the time frame that each task will be accomplished. CEl is currently reviewing the contract and we should be able to finalize it by next week. Live Streaming Meetings through YouTube: As a follow-up to an action item at the last Selectmen's meeting, I reached out to the Cable Manager that the live streaming feed was not able to be accessed. The Cable Manager responded at that time it was a server-related issue regarding updating a code and that it had been fixed. However, the Cable Manager contacted me yesterday that because there is music behind our bulletin, she has received a notice that the stream has been suspended for policy violations (i.e. the music is copyrighted and will not air while the music is playing). She will try to find a work around for the issue to get the meetings up and running again through the live streaming. Update on Intersection of Route 13 and Route 2A: Chief Marino reported that Montachusett Regional Planning Commission has submitted the required Accident Study to the Massachusetts Department of Transportation. Chief Marino spoke with Barry Lorionat MassDOTand MassDOT will beperformingatrafficcount at that location onceschool traffic begins in September and doing a site visit in early Octoberto discuss the right lane turn issue and the left lane protection pulling out of Electric Avenue when turning left. MassDOT did relay that they will act in the best interest of the Town but ultimately the decision about any improvements to this intersection is up to MassDOT. ===PAGE 6=== evaluation process for ADA complianceas part of District Local Technical Assistance funding. Attendance at Meetings, Other Announcements: • I will be attending a Police Union Negotiation Meeting on August 21st. • I will be attending the Personnel Committee Meeting on Tuesday, August 27th. CURRENT BUSINESS 1. Decision regarding complaint about Conservation Commission Chairman Mr. Alonzo stated his next comments are based on what was decided last week in Executive Session, noting those Minutes have not been released. He reported the Board received a resident complaint regarding Conservation Chairman Bursch's conduct at the May 29t Commission meeting. This Board notified the complainant and he had the option of hearing the complaint in either Open Session or Executive Session. Mr. Bursch chose Executive Session and the Board met with him where it was determined: a) The Open Meeting Law was violated; this has already been determined by the state and the commission; that the meeting was closed to the public (hence the OML violation) b) There were statements made by the Chair and Commission that were inappropriate c) The situation at the meeting got out of control and it is under the Chair's jurisdiction to keep the meeting in order We found these to be the transgressions of Chairman Bursch that evening. We weighed this against his history of being on the commission for 20 years without any incidents, of which he has been Chair for five or six years. We considered these transgressions while noting the heated subject with the Lake Shirley Improvement Corporation (LSIC) that had been ongoing over several meetings and the overcrowded room in the Ritter Building had added to the tension, but certainly not excusing his behavior and conduct. As a result, Mr. Bursch is to issue a public apology at their first televised meeting and he will attend an Open Meeting Law training through the Town. This will be kept in a file on the Chair in case of other events down the road. We decided this as a Board and felt this decision was appropriate to the act and to the situation that was presented the evening of May 29, 2019. 2. Earth Removal Permit Renewals Ms. Lemieux read aloud the memo from Land Use Director Adam Burney. As you are aware, Garry Rhodes resigned his position with the Town of Lunenburg as of 1 August 2019. Due to this I have taken up the review and reporting on Earth Removal Permits in the interim. The Select Board has a hearing scheduled on 20 August 2019 to review and potentially renew these permits. Unfortunately, I will be out of Town with my family at this ===PAGE 7=== To renew all active earth removal permits until september 3, 4019 Discussion: Ms. Adams asked if one of the permits being requested to be closed out should be addressed this evening. Ms. Lemieux stated there was a question on whether that should be closed out, so they should wait. Vote: All in Favor Discussion on creating Minimum Level Spending Subcommittee Mr. Alonzo stated in the past we have had an ad hoc non-voting committee that was made up of the Town Manager, School Superintendent, one member each of the School and Finance Committees, and a Selectman that would meet during budget season that would discuss current issues and bring back what was discussed to their respective boards. It was a way to inform all about their ideas coming in and going out and keep boards apprised of what was going on. Alonzo felt when it was ongoing that it worked well. Ms. Luck believed communication always improves a process. Mr. Alonzo felt if this Board was in favor, he would send a message to the other people who would be involved to see if they would like to reinstate this ad hoc committee. If there is interest then we can nominate people to be on it. The Board concurred. 3. Minutes/Warrants/ Action Items There were no Minutes. The Board signed an Accounts Payable warrant in the amount of $308,527.22; a Payroll warrant in the amount of $609,625.48 and a Payroll deductions warrant in the amount of $656,463.37. There were no action items. 4. Committee Reports Ms. Luck thanked Ms. Lemieux for giving the Storm Water Task Force report earlier in the meeting. Ms. Luck will be attending the Central Mass Regional Stormwater Coalition Steering Committee meeting on August 22nd. Mr. McQuaid announced Capital Planning will begin meeting soon. OLD BUSINESS 1. Discussion about Unitil's Storm Resiliency Program Mr. Alonzo stated everyone should have received an email from the DPW Director/Tree Warden regarding the proposed pruning/cutting of shade trees program. The Board of Selectmen would need to get involved with scenic roads if public comment was against it. Ms. Lemieux reported Land Use Director Burney is organizing a site walk to review the proposed trees. Mr. Alonzo noted Mr. Rodriquenz has walked the proposed route with a local tree service person and many of the trees Unitil is proposing to remove are alive and viable. Discussion ensued about the aesthetics of healthy trees being cut and/or removed and the actual effect on the power grid and outages. Ms. Lemieux asked if there were any questions for Unitil in advance of the next hearing. Ms. Adams stated the Unitil representatives were pushing for the program and had said if it is not approved, the funding to remove anything would be taken away. Will they be willing to pay for some of the work if the cutting was ===PAGE 8=== common notation that will allow each of the independent forms/tables to be cross- reterenced, • A map that shows each of the trees to be trimmed or removed that are being discussed, • More specific information on tree replacement, perhaps including species, quantities, timing, etc. • Information on if, how, timing, ballpark cost of moving the wires underground. (I understand this is well outside the scope of the discussion, but some general information may clarify the reality of this being an option or not.) • Quantitative data on outages, customers affected, relation to pruning and vegetation management; this may assist in further clarifying the issue and requests to perform the Storm Resiliency Program • Provide the total number of trees to be removed; public and private. If you are removing a large number of private trees that are not covered by the Public Shade Tree Act, it may help to provide a breakdown of those covered and those not included. • Priority ranking of trees to be removed • Providing several locations where the SRP was successfully implemented and how long ago the cutting was. Ms. Luck stated if a map is provided, it would be helpful to know which trees are public and private. Ms. Lemieux reported Mr. Burney asked Unitil to send some potential dates for the site walk. On a different matter, Ms. Lemieux reported Selectman Jeffreys is going to P J Keating's for a site visit on August 22(8:00 a.m.) related to the earth removal permit renewals coming up in September and he will be touring the town facilities with Kit Walker at 8:00 a.m. on the 29". If anyone else wants to attend, please let her know so she can let Mr. Walker know. 2. Discussion with Labor Counsel on Process of conducting Town Manager Annual Evaluation Attorney Marc Terry was present to assist. Mr. Alonzo stated we have just concluded updating the annual evaluation form for the Town Manager. We have questions concerning the individual evaluations and the written composite evaluation that brings all of the individual ones together. There is a question of whether the Board members during the Town Manager evaluation are able to talk with Department heads on certain subject areas in the Town Manager evaluation that would relate to us how that is being fulfilled other than our own interactions with her. Attorney Terry stated the general premise is you can really come to agreement with the Town Manager on the process that you want to use. We have to be mindful of the Open Meeting law. It basically says that when you are doing a composite form evaluation and you choose to ===PAGE 9=== individual evaluation during the meeting; that makes it a public document. There is a court case that came out the last couple of years that put a finer point on that. It did cause the Attorney General to clarify some of the guidance that it had published before that was consistent with what the court said but just wasn't clear on how it was communicated. Can you as individual Board members or collectively as a Board, confer with other individuals in town, whether department heads or other employees? There is no law that says you can't do that. It is a matter of contract between you and Town Manager. If there is a provision that has been negotiated and agreed upon that says, "working relationships with department heads," it would make sense that conversations would occur. It does present some challenges, such as how do you make sure that one person's opinion isn't overly weighted and how do you make sure there's an opportunity to hear from both sides. Mr. Alonzo stated our process is that each BOS member writes an individual evaluation when Ms. Lemieux presents her self-evaluation. They will each meet with her and discuss their individual evaluation. The Chair will write the composite which will be the public record and presented and read aloud at a public meeting without voting. Once presented, the BOS members would have access to each other's which are now completed for the purpose of reviewing for the next week's meeting to be able to compare it to the composite to discern whether it is a fair blend of all five evaluations. At the next meeting, the composite will be discussed, agreed to and voted on. Mr. Alonzo asked Mr. Terry, does that follow the proper requisites and (to the other Board members) does that process suit you to be able to get to the final document? Mr. Terry stated the one little piece he was thinking about is whether or not the review of each other's individual comments amounts to the same kind of deliberation that the court was concerned about in the legal case and the Attorney General was concerned about on advanced view of the individual's. The process of the legal case that the AG had a problem with was if you met before open session for everybody to see the composite in advance. The reason they had a problem with that was because it amounted to deliberation which was the process of you all discussing and knowing what everybody else was thinking. The only place you might have concerns about was if there are things that are reflected in one of the five evaluations that aren't carried forward in the composite. Then you do potentially have the scenario of saying for example, "Mr. Alonzo's evaluation raised a particular point that wasn't in the composite," and then it is not discussed, but then other members go and look and are now aware of something that wasn't included in that particular document, but was raised in the public sphere. I'm not sure I have a resolution to that. Mr. Alonzo replied we need a one-page policy that specifically outlines all the steps. It is vital that if people don't agree with the composite, that they don't cite specific ones because then they are relying on them. Discussion ensued on whether or not to even view the individual evaluations. Mr. Alonzo stated he would also like included in the policy that no department head is quoted verbatim or named after speaking to a Board member. Ms. Luck stated in other towns one Board member reached out to the department heads and compiled all comments. ===PAGE 10=== PUBLIC COMMENT Peter Beardmore, 282 Pleasant Street, stated at their June 18th meeting, there was a gentleman from Pratt Street that came up to discuss an ongoing situation at the bottom of Pleasant Street, specifically debris washing into it from private property following rain storms. Beardmore wanted to know if there has been follow-up on that. Ms. Lemieux stated she would look into it and get back to him. Dave Passios, 56 Whiting Street, in regards to the earlier PILOT discussion, recalled past discussion by this Board that a PILOT agreement was not worthwhile unless the Town got net metering credits as well. He also believed the Town should be getting better numbers if a PILOT is not agreed upon. He cited a legal case regarding taxation of solar equipment that was ongoing at the time but never heard the outcome. Mr. Alonzo stated they were getting a table showing the difference from the Town's Regional Assessors. Mr. Passios inquired if they had received certification of new growth number yet. Ms. Lemieux stated no. Ms. Adams stated school starts next week on August 27th and to be mindful of school buses being back on the road. Mr. Alonzo stated he would entertain a Motion to enter into Executive Session Pursuant to M.G.L. c. 30A, Sec. 21, Reason #3, to discuss strategy with respect to collective bargaining and the Chair so declares that an open meeting may have a detrimental effect on the negotiating position of the governmental body (Police Union) and to not return to Open Session upon adjournment Motion was made by Mr. McQuaid and seconded by Ms. Luck Vote; Ms. Adams- aye, Mr. McQuaid-aye, Ms. Luck-aye, Mr. Alonzo-aye The meeting adjourned at 9:23 p.m. ********************Executive Session Minutes are Separate********************* Respectfully submitted, Elaine m. Peterson Elaine M. Peterson Executive Assistant to the Town Manager