# select-board — 7 documents, concatenated for reading and search # # This is a CONVENIENCE BUNDLE, not a source. Every document below is # published separately and byte-identically; cite the individual file, # whose path is given in each header, rather than this bundle. # Index of all boards: https://lunenburgbudgetproject.org/minutes/INDEX.txt # The town's own scanned original is linked per document. ======================================================================================== DOCUMENT : 2019-09-03-agenda-5139.txt BOARD : select-board DATE : 2019-09-03 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-09-03-agenda-5139.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09032019-5139 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Tuesday, September 3, 2019 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor REVISED 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 St. Boniface Church, 817 Mass Ave., One Day Special License, Beer & Wine for Sept. 28th 7:10 PM Joint Meeting with the Sewer Commission to Appoint to the two vacant Sewer Commission positions: Dave MacDonald and Mike Nault 7:15 PM Introduction to Olive Avenue Productions relative to filming for Castle Rock in Lunenburg 7:40 PM Meeting with Police Chief and DPW Director re: Amendments to the Traffic Rules & Regulations 8:00 PM Earth Removal Permit Renewals 8:30 PM Meeting with Lake Shirley Improvement Corporation’s Aquatic Ecologist re: new Notice of Intent filing and approval from Board of Selectmen to file Notice of Intent application IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Ratification of Town Manager Appointment of Assistant Treasurer Ratification of Town Manager Appointment of Building Commissioner V. TOWN MANAGER REPORT VI. OLD BUSINESS 1. Discussion about Unitil’s Storm Resiliency Program 2. Public Comment and Social Media Policy Review 3. Town Manager Annual Evaluation Process VII. CURRENT BUSINESS 1. Discuss proposed response to Open Meeting Law (OML) complaint received from Joanna Bilotta on August 6, 2019 related to the Acting Chairman’s actions at the Board of Selectmen’s meeting on July 23, 2019. Vote expected. 2. Discussion on setting a date for a fall Special Town Meeting 3. Discussion on Identifying Repairs to the old Primary School 4. Request from Lanni Orchards to Petition the State Legislature for additional Package Store License 5. Minutes/Warrants/ Action Items ===PAGE 2=== 6. Committee Reports VIII. UPCOMING MEETING/EVENTS SCHEDULE September 10 (Workshop), 17, 2019 September 19, 2019 Board Appreciation Gathering- Eagle House 6- 8 p.m. September 24, 2019 Joint meeting with Planning Board: Unitil’s Storm Resilency Program IX. PUBLIC COMMENT  PUBLIC  BOARD X. ADJOURN ======================================================================================== DOCUMENT : 2019-09-03-minutes-5139.txt BOARD : select-board DATE : 2019-09-03 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-09-03-minutes-5139.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09032019-5139 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Members Present: Tom Alonzo, Chair; Phyllis Luck, Vice Chair; Damon McQuaid, Clerk; Michael- Ray Jeffreys, Member Member not present: Katey Adams, Member Others present: Heather Lemieux, Town Manager Adam Burney, Land Use Director The meeting was called to order at 7:02 p.m. with the Pledge of Allegiance. Mr. Alonzo stated 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 There was none from the Board or the public. APPOINTMENTS St. Boniface Church, 817 Mass Ave., One Day Special License, Beer & Wine for Sept. 28th Tom Bodkin, 63 Beal St., and Claude Poirier, 68 Wildwood Road, presented for the license request. The event will run from 10:00 a.m. to 7:00 p.m. rain or shine. There will be lots of craft vendors and lunch and dinner will be served. Motion: D. McQuaid 2nd.P. Luck To approve the one day beer and wine license for St. Boniface's Oktoberfest on September 28th Vote: All in Favor Ratification of Town Manager Appointment of Assistant Treasurer Ms. Lemiuex stated there is an appointment before you for ratification of Susan Murchie as Assistant Treasurer. It was a temporary position due to a vacancy and this is a permanent appointment. Ms. Murchie has been with the Town for almost two years as Principal Clerk. Due to her moving over to this position a vacancy was created in the principal clerk osition so that will be posted Motion:D. McQuaid 2°°:P. Luck To ratify the Town Manager appointment of Susan Murchie to Assistant Treasurer Vote: All in Favor Ms. Lemieux stated she was very excited about the next appointment which is Building Commissioner. We have been searching for a building commisioner for some time. Casey Burlingame comes with 25 years of construction experience. He started as a local Building Inspector for the City of Worcester and currently works for the Town of Southbridge and Brimfield. Motion:D. McQuaid To ratify the Town Manager appointment of Casey Burlingame to Building Commissioner 2°: P. Luck Vote: All in Favor ===PAGE 2=== Olel appucalls. Mr. Jeffreys asked what other boards or committees they were currently on. Mr. MacDonald is serving on the Personnel Committee. Mr. Nault stated he was on Sewer Commission for three and a half years. He does not currently serve on any committees but helps out the Lunenburg Boys and Girls Club occasionally and helped decorate the town center for the holidays for the past six years. Ms. Luck thanked both men for stepping forward and knows persoanlly how valuable they have been on the Sewer Commisison in the past. Mr. Alonzo concurred with Ms. Luck. Motion: M. Jeffreys 2nd: P. Luck To appoint Dave MacDonald and Mike Nault to the Sewer Commission Motion: C. Luck 2nd: R. Stober To appoint Dave MacDonald and Mike Nault to the Sewer Commission Vote: Ms. Pease-aye, Mr. Luck-aye, Mr. Stober-aye Vote: Mr. Jeffreys-aye, Mr. McQuaid-aye, Ms. Luck-aye, Mr. Alonzo-aye Mr. Luck stated he was happy to have them both back as we worked for many years with them. They responded very quickly to our serious need. The Sewer Commissioners adjourned their meeting. Introduction to Olive Avenue Productions relative to filming for Castle Rock in Lunenburg Joe Stargensky, Streaming Manager for the Hulu channel's show Castle Rock, introduced himself and stated they have been filming around the Devens area. They would like to come to Lunenburg to film some scenes around Lake Shirley, a private residence and possibly some road scenes. He has been communicating with Land Use Director Adam Burney and they will be filming around Ruth Street. We bring around 120 staff people with us and set up a base camp consisting of trailers away from everyone. When we film in a residence, we notify the neighbors and rent driveways. The road scene involves closing a road temporarily. We will begin setting up on September 5'" as filming involves a lot of preparation in advance. We use support services of the town when needed such as Police details and we will be filming during the day only. We anticipate to begin filming on September 16" from 7:00 a.m. to 8:00 p.m. for four days in a row. We plan to film some water scenes on the lake. Ms. Lemieux has seen our setup in Clinton where we were filming recently. Mr. Jeffreys asked if they would be using generators. Mr. Stargensky stated yes. Mr. Jeffreys asked Ms. Lemieux what was her impression of the Clinton site. She stated it was impressive to see what goes into the production. Also visiting that site were the Police and Fire chiefs and Mr. Burney so we could get different perspectives and to see what was needed of town operations. It answered many of our questions and we are in a good place knowing the needs of the departments will be met. Mr. Alonzo wished him the best of luck and knew he was in good hands with the town personnel. Mr. Stargensky thanked all for accommodating them. ===PAGE 3=== null - Add - Florence Street @ Pierce Street for southbound traffic Add - Kirby Avenue @ Florence Street for westbound traffic Add - Clearing Street @ Whalom Road for northbound traffic Add- Pierce Street @, Clearing Street for westbound Traffic Add- Clearing Street @ Lesure Avenue for southbound Traffic Add- Lesure Avenue @ the Lesure Avenue Extension for the southbound Traffic Add- Otis Street @ Burke Street for the northbound Traffic Add- Hamlin Street @ Burke Street for the northbound Traffic Add- Natick Street @ Burke Street for the northbound Traffic Chief Marino stated he would like to add the stop sign at Rogers Way at Whalom Road for northbound traffic because it was never codified after the construction project. He added with the exception of Rogers Way these are T intersections that never had stop signs. Residents from The Clearing and Wallis Park area had approached him due to increased traffic from nearby development. He added The Clearing is a very narrow street and he would like to approach the residents to see if they would be interested in making it a one-way road coming from Whalom Road. Due to the acceptance of the new motor vehicle speed chapters at Town Meeting last year, he would like to add a safety zone in front of the town beach. This would reduce the speed limit to 20 miles per hour. He also would like to do this in the Chestnut Street and Marshall Park areas. Discussion ensued about the town beach area. Motion: D. McQuaid 2nd: P. Luck To approve the modifications to the Traffic Rules and Regulations as submitted Discussion: Mr. Jeffreys asked the Chief to give residents some leeway as they get used to the stop signs for the first two weeks or so. Chief Marino stated they would. Chief Marino will provide an amended signed document to Ms. Lemieux that includes Rogers Way. Vote: All in Favor TOWN MANAGER REPORT Community Advisory from Nashoba Associated Board of Health and Central MA Mosquito Control: The Nashoba Associated Board of Health has issued a community advisory that has been posted to the town website and Town Facebook page. The MA Department of Public Health has tested and identified mosquito infected with Eastern Equine Encephalitis in the towns of Bolton, Harvard, and Shirley and West Nile Virus in Littleton and Leominster. There have been no mosquitos in Lunenburg that have tested positive for either EEE or WNV. Lunenburg residents can contact Central MA Mosquito Control at (508) 393-3055 or visiting their website at cmmcp. org to request their property be sprayed. The Nashoba Associated Board of Health advises the public take all the necessary precautions, suchas protective clothing, applying insectrepellent, and beingawareofpeak mosquito hours during dusk to dawn. ===PAGE 4=== scheduled to be picked up on the curb. This can be done by requesting this service through their website, cmmcp. orgorcalling (508) 393-3055. Tire recycling isaimed to eliminate mosquito larval habitats and reduce the risk from mosquito-borne diseases. There is no additional cost to residents ormunicipalitiesthatare a member ofCentral MA Mosquito Control, and certain restrictions apply. 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) • ArchitecturalPreservationDistrict Commission(1 designprofessional; craftspersonorbuilding contractor familiar with historic renovation) • Finance Committee (1 position appointedby theFinance Committee Appointing Committee) • Housing Authority (1 electedposition that willbeajointappointment withremaining Housing Authority members and Selectmen) • Planning Board (1 elected position that willbe ajoint appointment with the remaining Planning Board 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. Update on the Summer Street Road Reconstruction Project: Concrete sidewalksand driveways have been completed in the Lunenburg section ofthe project. All driveways have been paved and loam placed in the Lunenburg section as well.It is anticipated that seeding of all the loamed areas will occur in the next couple of weeks. Concrete sidewalk and driveway installation is in progress in the Leominster section ofthe project. All the concrete sidewalk work (excluding the Baker'sBrook Bridge) is expected to be complete by the end of September. Paving of the final course is scheduled for mid- October. The Contractor anticipates having mostof the contract work competed by the end ofthe construction season this year. They will most likely be back in the spring to complete punch list work. MassDEP Recycling IQ Kit Grant Update (TM Goal #2): I held interviewstoday for the four grant-funded positions under the Recycling IQ Kit grant. Wehad approximately 30 applications to choose from a good pool of candidates. Selection of four candidates will be done this week. The magnetic postcards advertising recyclable items were sent out to residents last week and we received two ofthe four signboards last week; one isat the intersection outsidethe Ritter buildıng and the otherisat the DP W on Route 13. Wewillbe putting up two more signboards and the two banners in the near future. ADA Public Rights of Way Self-Evaluation and Transition Plan (TM Goal #3): ===PAGE 5=== which was forwarded by the Land Use Director. In that correspondence, there were a number of datesfor a site walk that the Board will need to request their preferred date. Iam workingon gettinga price from a third party arborist to review the listofpublic treesthat Unitil hasincluded in the SRP to be either trimmed or removed (32). The privatetrees are not under the jurisdiction of the Planning Board or Board of Selectmen. Meetings and Other Announcements: Town Counsel and lare in the process of scheduling a training for Open Meeting Law, Conflict of Interest and Public Records Law. I hope to have one evening training for allelected/appointed officials and one day training for all staff. As soon as the date is scheduled, it will be announced at meetings and sent out through the townwide listserv. OLD BUSINESS 1. Discussion about Unitil's Storm Resiliency Program Mr. Alonzo noted a date to go on the site walk has to be determined. Ms. Luck asked would there be some indication of which trees are recommended for removal or not from the Tree Warden and the local tree contractor. Mr. Alonzo stated he was planning on the Tree Warden to go the site walk as well. Mr. Burney will check with Unitil about the 5:30 p.m. time slot on September 17. He noted the Planning Board did a site walk prior and it took close to an hour long and they got less than a quarter of the trees done. 2. Town Manager Annual Evaluation Process Mr. Alonzo stated they would be voting on the process next week with a full Board. Earth Removal Permit Renewals Mr. Burney referred to his August 29 memorandum (excerpts are italicized) on the PJ Keating Co. permits. They are asking six out of their seven permits be renewed and are asking permit #19 not be renewed because it is covered under permit #15. Over the past 2 years, the Select Board has worked to get an understanding of the existing Earth Removal Permits, their location and status. During this time, Garry Rhodes and I have worked with one another and PJ Keating to clarify their operations and the relation to the permits they hold. Below is a review of their current renewal applications and my recommendations. Permit #15 Mr. Burney stated the way the permit is written covers the west side of Reservoir Road, north and south of the B & M Railroad, exclusive of the office building on the corner of Reservoir Road and Leominster-Shirley Road. The majority of the earth removal is north of the B & M Railroad. The area south is their scale yard and material storage, but there is still a significant amount of material to the east of that property that in the future could be removed. The area north of the B & M Railroad on the west side of Reservoir Road was an area that had some issues the last time you renewed. During the ===PAGE 6=== taken due to the hydro-seed being placed outside of the growing season. Recommendation: The permit should be renewed with a condition that the vegetation be substantially established no later than April of 2020. Mr. Burney noted the former environmental staff at P. J. Keating is gone and new personnel were hired between March and May of this year. They are catching up with the former personnel's work duties. Ms. Luck asked when this permit would be renewed until. Mr. Burney stated August 2020. Ms. Luck preferred an inspection in April, Doug Vigneau, of Keating's provided a photo of the hydro-seed taking in that area. Mr. Jeffreys noted he took a tour of the permitted areas and it was his opinion that they are aggressively trying to get up to speed Motion: D. McQuaid 2nd: P. Luck To renew Permit #15 for P J Keating Co, until August 31, 2020 with the condition that the vegetation be substantially established no later than April 2020 Discussion: Mr. Jeffreys requested a specific date for the April inspection. Mr. McQuaid amended his motion to until the end of April 2020, Ms. Luck seconded the amendment. Vote: All in Favor Permit #16 he permed setocared north of leominster-Shirley d and east of Reservoir Red A large portion of the removal operation and is in fact a manufacturing operation where stone and other materials are processed. The remainder of the site located north of the B&M was the subject of specific conditions in the 2019 renewal process. Specifically, the condition that disturbed areas be revegetated was complicated by the fact that the area north of B&M contains Priority and Estimated Habitat for the Blanding's Turtle and there were questions about the reclamation of disturbed area with the mapped habitat. The removal of material was restricted until such time as the outstanding questions regarding the Priority and Estimated Habitat were resolved with the Massachusetts Division of Fisheries and Wildlife. The Town is in receipt of communication from the Division of Fisheries and Wildlife that indicates the revegetation of the disturbed areas and removal of earth in the area outside of the Priority and Estimated Habitat would be permitted. Recommendation: The permit currently contains a large area (north of Leominster-Shirley Rd. / south of B&M Railroad/east of Reservoir Road) that is not currently nor is proposed to be used for earth removal, I recommend this area be removed from the permit. Due to the presence of the Priority & Estimated Habitat, it would be helpful to have a more precise boundary of the area where earth may be removed. The applicant should provide a plan, prior, to the permit renewal in 2020, that defines the area outside of the Priority and Estimated Habitat and the 250' buffer along Reservoir Road where material exists that may be removed. Motion: D. McQuaid 2nd: P. Luck ===PAGE 7=== my recommendation that they be considered together for the purpose of review. The site is currently the location of P. J. Keating's recycling area, equipment repair garage and equipment storage area. Material exists which may be removed. Recommendation: The permit should be renewed. Motion: D. McQuaid 2nd: M. Jeffreys To renew permits #17, 27 & 30 for PJ Keating Discussion: Ms. Luck asked if they are not removing material and they have recycling material and equipment repair/storage there, why do they need to keep an earth removal permit. Mr. Alonzo noted material exists that can be removed. Vote: 3 in favor, 1 nay (Luck) Permit #19 This site is located north of Leominster-Shirley Rd. and south of B&M Railroad. The area is currently used for material storage and processing. The area is currently not being used for earth removal but material remains. This area is not abutting residential properties. Recommendation: The permit be renewed. Mr. Burney stated his understanding was that P. J. Keating does not wish to renew this permit because the land is covered under permit #15. Mr. Vigneau stated on the permit application for permit #19, we indicated #19 parcel is covered under permit #15 and there is no request to renew permit #19. Ms. Lemieux noted this statement regarding Permit #19 was not found in any of the BOS meeting minutes. Mr. Burney stated his understanding that there was permit north and a permit south of the railroad, which is why he questioned the non-renewal renewal request. Permit #15 is south and Permit #19 is north. Mr. Alonzo stated so the worst case scenario is if if we renew it and it's overlapped, then there is nothing lost; if we deny it and it's not combined then they have lost a site. Mr. Burney concurred. He added there was a substantial amount of time spent over the last two years to identify the permit numbers and where they were attached to and that is where #19 was attached to, south of the railroad. Mr. Vigneau stated when Commissioner Rhodes was here, he was with Mr. Burney and myself and Rob Robinson, who was the Vice President of Aggregate and we discussed this. He indicated at that time that we should not file a permit application for permit #19. We have been assured by Commissioner Rhodes and discussions with Mr. Burney that it is covered under another permit. Steven Mullaney, S J Mullaney Engineering, consultant for P J Keating, stated the language of permit #15 describes the permit area as being on the westerly side of Reservoir Road and on both sides of the railroad. Permit #19 as we understand it was the westerly side of Reservoir Road and just south of the railroad. So the area of permit #19 is also a portion of the area of permit #15; we are confident that by not renewing permit #19, we still have permit coverage over all the land that P J Keating needs a permit for. ===PAGE 8=== from the puoue ways. Imes nas veen compiercu. Recommendation: The permit be renewed. Mr. Burney stated that is the quarry adjacent land and the small little bit of quarry on the corner of Fort Pond Road and Leominster-Shirley Road, south of Leominster-Shirley Road and east of Fort Pond Road. There was a requirement to install buffers at the 100-foot buffer. He viewed some of them, but not all of them because it is a thick trek through the woods. There is a gas easement 50 feet wide about 50 feet off the road and you can identify where that 100 foot is. He did see at least three signs that were in that area. He was confident they placed the signs all the way through due to the work done at the other sites. Motion: D. McQuaid 2nd: P. Luck To renew Permit #57 for PJ Keating Vote: All in Favor Mr. Burney moved on to Permit #56 held by Powell Stone & Gravel. They currently hold one earth removal permit. Permit #56 was issued for the properties at 151-181 Leominster-Shirley Rd. and was issued retroactively for earth removal completed prior to 2018. This permit was issued to account for previous removal and to allow for the approval of a closure plan. Permit #56 The property at 151-181 Leominster-Shirley Rd. is currently used as a material storage and loading area for Powell Stone and Gravel. This property was originally permitted by the Planning Board in 2013 as a proposed vehicle repair facility. This use was never constructed and instead the property has been continually used as a material storage and loading area since around that time. In reviewing Earth Removal Permits over the past 2 years, it was identified as an area where earth removal was performed without a permit and an area where the use was different than the approval Development Plan Review from 2013. To resolve this issue Powell Stone and Gravel was directed to amend their Development Plan Review approval by filing with the Planning Board for an amended Site Plan Approval and to obtain an Earth Removal Permit. Per the requirements of the Building Commissioner, both of these approvals were sought. On 13 May 2019 the Planning Board approved the amend Site Plan Approval request. The site currently reflects the layout of this approved plan. Additionally, Powell Stone and Gravel received approval from the Conservation Commission to install storm water Best Management Practices (BMPs) adjacent to the material storage area. Recommendation: The closure plan should be accepted and the permit closed. Motion: D. McQuaid 2nd: P. Luck To accept the closure plan for permit #56 and not renew the permit Discussion: Ms. Luck asked if Powell Stone & Gravel was fine with that. Mr. Burney affirmed. Vote: All in Favor Permit #55 ===PAGE 9=== To accept the closure plan and not renew the earth removal permit tor 496 Massachusetts Avenue Vote: All in Favor The Board thanked Mr. Burney for his assistance with the earth removal permit renewal process. Meeting with Lake Shirley Improvement Corporation's Aquatic Ecologist re: new Notice of Intent filing and approval from Board of Selectmen to file Notice of Intent application Joanna Bilotta, 362 Sunset Lane, Lake Shirley Improvement Corp. (LSIC), presented Wendy Gendron, Aquatic Ecologist, of Aquatic Restoration Consulting, LLC, who prepared the Notice of Intent (NOI) for Lake Shirley. Ms. Gendron stated the NOI was for control of aggressive aquatic plants on Lake Shirley through the use of winter water drawdown and herbicide/algaecide applications. They have been using this technique for several years now. Mr. Alonzo noted the Town, by lack of ability to determine otherwise, is the owner of Lake Shirley, and LSIC, acting on behalf of residents living on Lake Shirley, are requesting permission to file the NOI with the Conservation Commission. Our role is not evaluating the science of it but to see if it is in order and can be forwarded to the Conservation Commission. Mr. Alonzo stated on August 27, Ms. Lemieux reached out to Ms. Bilotta reminding her that the NOI needed to be filed and with the Conservation Commission identified seven bullet items. That the NOI should include: • Water quality tracking data • Weed control thresholds and targets • Drawdown goals and planning • Plan to address native weed decline • Plans for fanwort • Alternatives to chemical treatments • Long range goals He asked Ms. Gendron, "Do you believe those seven items were addressed in this NOI?" Ms. Gendron responded to each item: • Water quality tracking data-yes • Weed control thresholds and targets- not actual numbers but targeting certain growths, yes, she did not believe there was a number on x% • Drawdown goals and planning- there is a drawdown depth and data from past years, which would be followed in the future • Plan to address native weed decline - there are zones set aside as no treatment areas to preserve native plants • Plans for fanwort- specifically there is a potential application for it on a case by case basis if funds allow ===PAGE 10=== water quality seems to have decreased over the last 13 years or so. Does this plan address that. Ms. Gendron stated this plan addresses algae control which is a result of poor water quality. Does it address the incoming water quality? No, if you look at Dr. Wagner's report from Water Resource Services (WRS), over two-thirds of the phosphorous coming into the lake is from the main tributary and that is beyond their control. Ms. Luck requested to read into the record an email from Conservation Commission Chair Bursch because she wanted to hear Ms. Gendron's opinion on it. "Please review the following concerns about the recently received draft of the Lake Shirley Notice of Intent. In my opinion, this puts us back at square one. The application does not contain any of the current conditions or concerns laid out by the commission. My concern in the BOS endorsing this application in its current form will place the commission back having to dictate the scope and breadth of the proposed activities. This will put the LSIC back on having to defend and argue every point the commission puts forth. This application has no specific descriptions of any of the activities requested. No goals. No plan. No research for alternatives. No water quality testing There is no proposed review by the commission prior to the use of pesticides, no public notice, no data collection, and no criteria on where, when or how to apply pesticides into the waters of Lake Shirley. There is nothing in the application to support the use of a drawdown. There is no description of the process to be followed. There is no method to determine if this activity is successful. The narrative makes several assumptions based on a 2018 WRS report. The WRS report should be included, at least the conclusions. Many of the excerpts from the report are quoted as arguments against the concerns of the commission. The full report needs to be reviewed for context. There is no mention of several concerns that the commission has, Fanwort, Fishkill, Drawdown and it only argues "against" plant species concerns. It argues against pesticide residue using only the least treated year totals. There should be a discussion between the Board of Selectmen (Town) and the agent (LSIC) prior to this application being submitted to determine what the overall goals are for Lake Shirley. This application puts the commission right back where it all started. The commission should not be having to determine the scope of this activity. To view in a very general manner, this application is to perform specific activities to manage Lake Shirley. It needs to include, 1. The current conditions and what is wrong with these conditions 2. What the target conditions should be 3. The specific activity requested and how it will achieve the target conditions 4. Mechanism to measure the activities to prove they are successful Concerns for LSIC Aquatic Management Application 1. The main interest of the Wetland Protection Act being cited as the reason for the management activity is wildlife and fisheries habitat restoration. a. There is no data presented on the current state of the habitat areas b. There are no plans on what needs to be addressed in the habitat area. c. There is no specific description on how any activities will protect the habitat d. There is no plan on how to determine if this activity is having a positive or negative ===PAGE 11=== the habitat at Lake Shirley. g. There are concerns about the current management of Lake Shirley, decrease in native plants, fishkill, fanwort, increase in algae blooms, there is no mention of how to address these concerns. 1. The Lake Management Plan is referenced but not included in the application. The actual, specific plan should be included. This plan should lay out all activities planned, why they are being performed, how they will be performed and how they will be documented. a. The WRS study should also be included as it referenced many times in the narrative. The conclusions should be read in their entirety as they contain several follow-up activities for Lake Shirley 1. The drawdown request has no data showing that activity is or has been effective. The only data shown actually downplays the effectiveness of the drawdown. There is also no description of how the drawdown level will be determined, monitored and data gathered. There is no plan for communications of dam operations. There is no emergency action plan for valve failure. a. The data table provided shows drawdown is effective for fanwort control, but the fanwort spread continues b. The data table shows pondweed growth is increased by drawdown, resulting in more chemical treatments. c. DEP questioned the drawdown effectiveness in 2015 application process 1. Almost every report to LSIC has expressed the need for continued water quality data collection and reporting. There is no plan for water quality testing. " Ms. Luck read a follow-up email from Matt Marro, Conservation Administrator. "I have also reviewed this application and I share the same concerns -this is a multipage application that doesn't say very much I'm sorry to say." Ms. Gendron stated she would like to have time to be able to respond to those comments to the Conservation Commission. She requested a copy of the email. Ms. Luck asked Gendron how she planned to address the comments. Gendron stated she could read the list and file an amendment to the NOI, or in person address each of those points. Mr. Jeffreys asked if there was a plan for independent water testing. Gendron stated she had trained volunteers this past summer. They collect dissolved oxygen and take temperature reports; they also collect grab samples for water quality and algal samples. Other than when it is collected by volunteers, it is expensive when you send it to a laboratory. When water clarity has declined more than five feet, they will do that twice a week or once every two weeks Mr. Jeffreys believed the Town has a vested interest in the quality of its lakes. If we have an agent that is employing chemicals, the burden is on us to test and verify that what is said is being done, is being done as any responsible owner should do. He asked Ms. Lemieux if we have funds allotted or could we allot funds to test Lake Shirley independently if it is being treated. Ms. Lemieux stated she could not answer that without knowing how much it would cost. Ms. Gendron stated ideally ===PAGE 12=== He Medal st de. dells l you lave ideas l contiers, up at a different time and should not impede the process or mechanism of this application. This should go to the Conservation Commission. To Ms. Gendron, you can address their concerns that are in the email that was read into the record. Vote: 3 in favor, 1 abstention (Luck) CURRENT BUSINESS Discuss proposed response to Open Meeting Law (OML) complaint received from Joanna Bilotta on August 6, 2019 related to the Acting Chairman's actions at the Board of Selectmen's meeting on July 23, 2019. Town counsel Adam Costa presented an overview of the OML complaint process. The complaint dated August 6, 2019, referenced a BOS meeting on July 231d where Vice Chair Luck was Acting Chair for that meeting. The substance of the complaint was that she read a prepared statement commenting on matters involving the Lake Shirley Improvement Corporation (LSIC), currently in litigation with the Town. The litigation involves the Conservation Commission of which Mr. Luck is a member and which has already been the subject of a seperate OML violation. The LSIC was not notified that it was to be the subject of the meeting and nothing regarding the corporation, litigation or the lake appeared on the agenda. In parentheses, it says, "a copy is attached hereto." I understand that boards routinely have public comment periods during which citizens might make a comment that the Chair could not have anticipated or reasonably expected to include in the agenda, but here it is the acting Chair's own prepared remarks. It is hard to imagine a situation where something more clearly could have been anticipated and included. One is forced to conclude that the omission was deliberate and intended to prevent LSIC to respond. Costa noted there was an allegation that another OML violation occurred during a Conservation Commission meeting relative to the LSIC. He assisted the commission in responding to those complaints and submitted responses to the complainants and the Division of Open Government. We don't have a response as of yet in that regard or whether that is deemed to be a violation or not. We did concede in our letter that we did believe it was a violation and took remedial action. The process that I undertake when there has been a OML violation is I conduct an investigation on my own and speak to the Chair of that board. In this case, it was different; the Chair was not present at the meeting. I had a conversation with Ms. Luck and I watched the video. Attorney Costa presented a proposed response and requested comments or concerns. It's unclear whether the public comment constitutes a violation of the OML because had the statement been made by somebody who was Chair, as opposed to acting Chair or Vice Chair, the person responsible for setting the agenda. I would not disagree with the statements made by Attorney Bowen or Ms. Bilotta that certainly those topics would have been reasonably anticipated by the Chair and that is the standard for including an item on an agenda of a public body. In this case, the agenda was not set by Ms. Luck but by the Chair. The Chair was absent. Costa cited one incidence in another town where statements were made by the Chair that were not on the agenda. There are a lot of competing factors here so I don't believe this is a violation, but I can't say that without absolute certainty. So I recommend taking remedial action by ===PAGE 13=== we have find a way to work together. Attorney Costa stated the remedial action is an option that is presented when I don't find a former case I can direct the Division to and say we did exactly what they did here and you said it was fine. It doesn't need to be taken; you can modify the remedial action any way you choose. Or you can take no remedial action and stand on the ground that this was not an OML violation. I can adjust the letter accordingly. Mr. McQuaid stated he was in favor of the draft with no remedial action because he did not see how that time and action would help anything. Mr. Alonzo stated he agreed but we have to address the order and he would like to close the subject. Costa suggested on page 3 eliminating the paragraph about remedial action and replacing with a sentence indicating that there is an opportunity at the beginning and the end of each meeting for the general public, including LSIC, to participate in public comment and leave it at that and then proceed to address the remedy and conclude the letter. Motion: D. McQuaid 2nd: P. Luck To approve the draft with modifications to paragraph 2 on page 3 as presented by Attorney Costa Discussion: Mr. Jeffreys asked if it was possible to extend an invitation to LSIC and list it on the agenda and have a conversation with them on how to come to agreement. We need to have a better working relationship with them as they are our agent. Mr. Alonzo stated he wanted to know what the goals and topics would be and who wants to speak before placing it on the agenda. Vote: All in Favor 2. Discussion on setting a date for a fall Special Town Meeting (STM) Ms. Lemieux directed the Board to two proposed schedules for a Tuesday, November 12 Special Town Meeting. Option 1 allows for less opportunity for the BOS and Finance Committee to review the warrant. Option 2 opens the warrant earlier and allows for more meetings for the boards. Motion: D. McQuaid 2nd: M. Jeffreys To set the date for STM to November 12, 2019 and open the warrant on September 10 and close the warrant on September 30 at 5:00 p.m. Discussion: Ms. Luck wanted to make sure the dates are posted in prominent places in town and on the town website and Facebook. Vote: All in Favor 3. Discussion on Identifying Repairs to the old Primary School Ms. Lemiuex stated in response to a letter from the Architectural Preservation District Commission (APDC), I asked the Facilities Director to get a quote for the repairs that they identified in their letter. Install 2 sump pumps with new hoses $394.00 Roof repairs/watertight condition $7500.00 Downspout replacement $125.85 Security alarm upgrade $2000.00 Window blocking/ hardware $750.00 Misc. hardware (repairs) $100.00 ===PAGE 14=== Alonzo asked what would we gain with these repairs. Ms. Lemieux stated the APDC identified these repairs as keeping the building from further exposure to weather and falling into further disrepair. Mr. McQuaid stated this is a data point that we need to include in a larger package of information we should be assembling to file with them for a demolition permit. This quote doesn't do anything to fixing the building up. There is a much larger number associated with that. We clearly do not have the money to do. We should see if there is anyone else interested in fixing it up to provide an alternative to the APDC or to prove that nobody else wants this building. Mr. Alonzo suggested placing this on the September 10 workshop agenda. It was suggested to invite the APDC to that meeting next week. 4. Request from Lanni Orchards to Petition the State Legislature for additional Package Store License Mr. Alonzo noted by state law the Town is allotted a certain amount of alcohol licenses per population and we are at our limit for package stores. The only option to get additional licenses is to petition the state legislature. Attorney Costa reported the Town could assign one license to Lanni Orchards, if they were to discontinue business, it can be discontinued or go back to the Town for someone else. Lanni Orchards would still have to apply to the Local Licensing Authority (Board of Selectmen) and the application still has to go through the Alcohol Beverages Control Commission (ABCC) for final approval. Discussion ensued on whether to request one or two package store licenses. Costa stated in his experience the request is for one particular entity. He will research what has happened in other instances for some guidance for the Board. 5. Minutes/Warrants/ Action Items The Board approved Minutes of July 16, July 23 and August 6, 2019. The Board signed an accounts payable warrant in the amount of $409,996.58, a payroll warrant in the amount of $739,315.36 and a deductibles warrant in the amount of $557,411.05. Mr. Alonzo reported he read the Town of Harvard just entered a municipal aggregation agreement using only renewable energy sources. He wondered if the Board should discuss this option at a future agenda. Ms. Lemieux will research how long the current contract is for and what the difference in rates would be for renewable sources. OLD BUSINESS (CONT.) 2. Public Comment and Social Media Policy Review Mr. Alonzo presented a public comment policy from the Natick School Committee that was changed due to a court case against them. He referred the Board to item #4: Public Speak shall concern items that are not on the School Committee's agenda, but which are within the scope of the School Committee's authority. Therefore, any comments involving staff members or students must concern the educational goals, policies, or budget of the Natick Public Schools, or the performance of the Superintendent. ===PAGE 15=== Committee's authority. Mr. Alonzo added basically, those are the only reasons you can stop someone from publicly commenting. It has not been an issue in our Town but it is good to have those items in our policy in the event someone wants to do what is listed above. He thought this was a good addition to discuss. Attorney Costa stated it is a tricky situation, public comment sessions are protected by some 1st Amendment sections, but not the full range. They have to be balanced against a Chair to maintain some amount of decorum at his/her meeting. Ms. Lemieux stated our current policy does not address profanity. Mr. Alonzo asked the Board to read the Natick policy for future discussion. She asked Attorney Costa, in light of tonight's OMI complaint and the public comment period, should we include any language that would preclude any further OMI complaints? Costa stated the risk that exists for potential OML complaints is mainly with Board members making public comment. Some previous determinations state if the Chair has advance notice that another member is going to state something publicly at a meeting, it ought to be on the agenda, particularly if it is prepared remarks. You may want to adopt a public comment policy that is addressed to Board members as opposed to the public; indicating out of an abundance of caution if any board member wants to bring a topic forward at a meeting and discuss it in great substance, they are advised to notify the Chair at least 48 hours in advance so it could be added to the agenda. Mr. Alonzo moved on to the Social Media policy from the Town of Easton. This item will be discussed at future meeting. PUBLIC COMMENT: There was none from either the public or Board. Mr. Alonzo reviewed the upcoming meeting schedule. There is a workshop on the 10* and a regular meeting on the 17th ". He also reminded all about the Elected/Appointed Board/Committee Appreciation Reception on the 19th at Eagle House from 6 - 8 p.m. Motion: D. McQuaid To adjourn the meeting at 9:58 p.m. 2nd: P. Luck Vote: All in Favor Respectiully submitted laurem. Peterson Elaine M. Peterson Executive Assistant to the Town Manager RECEIVED & FILED NOV 0 6 2019 LUNENBURG TOWN CLERK OFFICE ======================================================================================== DOCUMENT : 2019-09-10-agenda-5173.txt BOARD : select-board DATE : 2019-09-10 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-09-10-agenda-5173.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09102019-5173 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Tuesday, September 10, 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 PM 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. TOWN MANAGER REPORT VI. WORKSHOP: TOWN FACILITIES WITH FOCUS ON OLD PRIMARY SCHOOL, 30 SCHOOL STREET 1. Discussion re: letters from APDC re: old Primary School and cost estimate from Facilities Director 2. Discussion re: Selectmen’s Objective #1 and #2 for Fiscal Year 2020: 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, Ritter Building, Old Primary School, Brooks House, T.C. P assios 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. i. Action: Review the various paid studies that were performed that included that building with special attention being paid to its structural analysis, potential suggested uses and all applicable costs. ii. Action: Overlay the results of the previous action with the short- and long-term needs of the Town, viewing those through the lens of an established list of prioritized criteria through which to evaluate them (as determined in the previous Objecti ve). 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 commissions as well as with the general public in discussing the options defined from Action iii. Evaluate the pros, cons and costs for each option, potential varia tions as well as possible timelines. ===PAGE 2=== 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. IV. CURRENT BUSINESS 1. Discussion on articles for 11/12/19 Special Town Meeting 2. Minutes/Warrants/ Action Items 3. Committee Reports V. UPCOMING MEETING/EVENTS SCHEDULE September 17, October 1, 8, 2019 September 19, 2019 Board Appreciation Gathering- Eagle House 6- 8 p.m. IX. PUBLIC COMMENT  PUBLIC  BOARD X. ADJOURN ======================================================================================== DOCUMENT : 2019-09-10-minutes-5173.txt BOARD : select-board DATE : 2019-09-10 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-09-10-minutes-5173.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09102019-5173 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Members present: Tom Alonzo, Chairman; Phyllis Luck, Vice Chairman, Damon McQuaid, Clerk; Katey Adams, Michael- Ray Jeffreys Others present: Heather Lemieux, Town Manager; Jim Marino, Police Chief The meeting was called to order at 6:15 p.m. Mr. Alonzo stated he would entertain a Motion to enter Executive Session under M.G.L. Chapter 30A, § 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 enter Open Session after adjourning from Executive Session. Ms. Luck made the Motion and Mr. McQuaid seconded it. Vote: Mr. Jeffreys-aye, Ms. Adams- aye, Mr. McQuaid-aye, Ms. Luck, Mr. Alonzo-aye *************************Executive Session Minutes are Separate********************* The meeting commenced at 7:03 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. Luck reminded all of the Lion's Club Pancake Breakfast at the Senior Center tomorrow from 8-10 a.m. All you can eat for $2.00 Ron Dionne, 131 White Street, has been reading the Vertex Property Condition Report on the old Primary School and doing some research. He believed all the building needed was an interior upgrade to bring it back to code. Regarding the $10,000 estimate for the roof, he thought the roof did not look bad at all. Mr. Alonzo noted the $10,000 was to repair the roof, not replace it. Mr. Dionne stated the building is structurally sound and the Board should not have it demolished. It could be used as a school or for housing. Dave Tocki, 72 Leominster Road, thanked the Board for having all the old playground equipment removed from the back of the old Primary School yard. He was here to listen and thanked the Board for continuing the dialogue. He did not have an opinion on the best use of the property but thought there were multiple opportunities for it. He believed the only thing that has been consistent is that the townspeople want to hold on to it as an asset of the community. Town Manager Report Announcement on Existing Vacancies: The following is a list of vacancies on the following committees: RECEIVED & FILED NOV 20 2019 LUNENBURG TOWN CLERK OFFICE ===PAGE 2=== 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. Update on the Summer Street Road Reconstruction Project: The Contractor is currently forming and placing concrete sidewalks in the Leominster section of the project. It is anticipated that the sidewalks will be completed by the end of September. The Contractor is also raising all casings and water gates priorto the placement of the surface course. The placement of the surface course is currently scheduled for the week of October 7th. Mosquito Control Update: Atourlast meeting I provided an update about the Community Advisory thatthe Nashoba Associated Board of Health issued that has been publicized in various forums and that the School was spraying the athletic field at the Middle/High School on Monday, September 9th. After that meeting I worked with the BoardofHealth, the DPW Directorand the Parks Commission Chairand Marshall Park was included in thespraying thattook placeon September 9th dueto its proximity to wetlands. Human Resource Audit and Harassment Training for Staff: I coordinated an audit by a Human Resource consultant of our existing human resource practices, including policies, procedures, how personnel records are keptandam awaitingthereport. This audit willbea good starting point fortheHR Director/Assistant Town Manager on areasthatneed improvement, as well as areas we are doing well with. Thisconsultant willalso be conducting a harassment training for the department heads on September 24th and one for all the staff on October 3rd. Open Meeting Law, Conflict of Interest, and Public Records Law Training: Thedate that Town Counsel was availableto provide elected/appointed officials an Open Meeting Law, Conflictof Interest, and Public Records Law Training is Thursday, October 3rd. Thelocation will be advertised once determined. I am still workingon adate forthe same training forstaff,butit will likely bethelastweekof October. Update on OSHA Compliance Requirements: Due toalawthat wasenacted in Marchof 2018 andtookeffectin February of 2019, certain staff membershave taken required OSHA Training courses and the DPWDirector and I met with a firm last weekthatisgoingto provide uswith ascopeofworkto assess complianceand workonanyareas where corrections need to be made and safety trainings. ===PAGE 3=== time for people who would like to serve on some committees to meet members and get more information about what is involved with serving. Ms. Lemieux announced former employee, Jan Carrier, passed away yesterday. The Board expressed their condolences to the family and friends and stated she would be missed Ms. Luck asked if the mosquito spraying was being done at no charge by Mosquito Control Project. Ms. Lemieux confirmed. Ms. Luck asked if other parks besides Marshall Park could be sprayed. Ms. Lemieux stated upon request they would. CURRENT BUSINESS 1. Minutes/Warrants/ Action Items The Board approved Minutes of August 12, 2019. Mr. Alonzo signed an earth removal permit with revised conditions for P.J. Keating. The Board signed an accounts payable warrant in the amount of $316,122.26. Action Item: Mr. Alonzo asked if there was any information regarding the chair lift door in Town Hall. Ms. Lemieux reported the company came once to repair the door but she will follow up for more information. Ms. Adams had noticed the hallway downstairs was dark during a Planning Board meeting and lights should be left on when there are public meetings at night. Mr. Alonzo stated those should be replaced with motion sensor lights. Mr. Jeffreys asked for the status on the report related to the Annual Town Meeting ballot questions. Mr. Alonzo stated he had been given a draft from the Town Manager and he was reviewing it. It will be made public at either the next BOS meeting or the first October meeting. 2. Committee Reports Ms. Luck attended the Central Mass Regional Stormwater Coalition meeting on August 22. They are receiving an EPA Environmental Award this morning at Faneuil Hall. The Storm Water Task Force will be meeting Thursday evening. The MS4 permit annual report due on September 30 should be ready for submittal. Mr. McQuaid reported Capital Planning met for the first time; they organized and set their schedule for meeting. Forms should be sent out October 1 to department heads and interviews for Capital requests should begin by the end of October. Mr. Jeffreys stated the Council on Aging meeting that he was going to attend this morning has been postponed to next week, WORKSHOP: TOWN FACILITIES WITH FOCUS ON OLD PRIMARY SCHOOL, 30 SCHOOL STREET 1. Discussion re: letters from APDC re: old Primary School and cost estimate from Facilities Director ===PAGE 4=== believed they should discuss it tonight as if it were still in effect. The APDC called their meeting to order. Members present were Richard McGrath, Jim LaVeck, Cullen Dwyer and Brian Corcoran. Mr. LaVeck stated he had noticed this back in 2017 and had informed the Town Manager at that time. Mr. Alonzo stated since it was approved by the voters, we will proceed as if it was approved. Regarding the building, Mr. LaVeck stated the APDC would like to see the town attempt to stop further decay to the OPS building until we determine what is going to happen to it. Mr. Alonzo asked if the APDC has discussed what position they would take if the town decided the building should be demolished. Chairman McGrath stated they had not. Mr. Alonzo clarified his question to, "Do you see that building as something architecturally worth preserving? Mr. McGrath stated yes, that is why we sent the letters. Mr. Corcoran asked what the town's plan is for the building; we have not heard anything. Mr. Alonzo stated the town has defeated three warrant articles concerning the building, so it is not for lack of a plan; it is more lack of agreement on it, which puts us all in a very difficult spot. Ms. Adams noted the town has not agreed to convey or demolish the building. She stated her goal is to see it enhanced as municipal land for parking and possibly a park. She recalled going there in 2004-2005 because her mother worked there and the building was falling into disrepair up until it was closed. So, it has been neglected longer that the fifteen years it has been vacant. Mr. Alonzo stated there are varying opinions on what to do with the building. Mr. LaVeck believed the majority of the APDC wanted it maintained so it does not deteriorate any further. The APDC reviewed Mr. Walker's estimate of about $11,000 for what is needed to keep the building from falling further into disrepair. Mr. Jeffreys asked the APDC if there was a process they use to identify what buildings are falling into disrepair in the district. Mr. McGrath stated no. Most people keep their properties in good condition. The APDC did approach the owner of the house on the corner of Whiting Street and volunteers got together and cleaned up the property. The trigger to approach anyone is observation of the property. Mr. Corcoran asked the Board how do we move forward on the building, do we put items to the town to vote on. Are there different scenarios with associated costs? How do we get there? Mr. Jeffreys stated this is one of our goals. Mr. McGrath stated the water runoff that is eroding the building would worsen the brickwork and foundation. Mr. McQuaid noted the list submitted by Mr. Walker would not make the interior of the building more safe. Ms. Adams suggested performing a hazardous audit of the building. Mr. McQuaid noted the Vertex report estimated around $300,000 to abate the hazardous materials in the building. Mr. Alonzo asked Ms. Lemieux if the building was under the liability insurance coverage for the town. She replied yes. Mr. McGrath asked McQuaid, as an architect, what his opinion of the building was. McQuaid stated he has a soft spot for the building but taking a realistic look at it, took exception to the statement that it has "good bones." It is farther gone that a lot of people want to admit as far as the structural elements, rebuilding of the floors; making it compliant for someone else to use is a completely different story. ===PAGE 5=== Ms. Adams stated this is a safety concern. Ms. Adams amended her motion that if there is funding available in the DPW budget, we allocate the $10,869.85 towards these repairs. Mr. McQuaid stated there is never just $10,000 waiting to be spent. The DPW Director has a list of what is needed to be done. Further discussion ensued on the list. Mr. Alonzo asked Ms. Lemieux to find out if there is funding available within the budget for the next meeting. Vote: 2 in favor (Luck, Adams), 3 against (Jeffreys, Alonzo, MeQuaid) 2. Discussion re: Selectmen's Objective #1 and #2 for Fiscal Year 2020: 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, Ritter 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. Mr. Alonzo stated Objective 1 needs to be done before going to to Objective 2. He deferred to Mr. Jeffreys who had a list of questions for criteria. 1. Is the building safe? 2. Is the building doing what it was intended to do and does it meet the current needs of the community? 3. Is it likely the building will meet the needs of the community in 30 or 50 years? 4. Is there adequate parking? 5. Can all residents come in and out of the front door regardless of disability? 6. Are town employees in different departments co-located? 7. Can the building be expanded to meet future needs? 8. Is there a clear future necessity for retaining the land? Ms. Adams suggested changing question #8 to, "What could future land use be?" Mr. McQuaid suggested criteria for any other future proposal should include, "Does the proposed use add value to the community?" Rebecca Lantry, 251 West St., noted none of the municipal building could answer yes to #5 because they were built during a different time, so it must be accessible, but not through the front door. Mr. McQuaid stated if you spend over a third of the value of the building on renovations, access must be through the front door. After some discussion, it was suggested to change the criteria wording to ADA compliant entry. He stated cost should also be added to the criteria. Ms. Lemieux suggested adding whether the building is currently in use. ===PAGE 6=== come to Town Hall and need to actually go to the Ritter. Mr. Alonzo noted 30% of the population in town are over 50- 60 years old, many of whom are not technology-driven. Discussion ensued on working online versus on-site customer service at Town Hall. Dave Tocki, 72 Leominster Road, stated he works from home but still needs time to work face to face with his colleagues to work collaboratively. He thought it was a great idea for everyone to work in one location. Mr. Martin suggested surveying residents to see what they want to do with the buildings. After much discussion, Mr. Alonzo asked to focus on the criteria requirements. He read aloud a bulleted list based on Mr. Jeffrey's questions. • Building safety • Meets current needs of the community • Addresses defined future uses of the town • Adequate parking • ADA accessibility • Centralization of resources • Expansion potential • Importance of the real estate ownership • Financial implications • Proposed added value to the community • Current structural integrity Mr. McQuaid suggested adding "Meeting zoning requirements." Mr. Martin suggested adding "Energy Efficient." Mr. Alonzo will type up the criteria list for the next meeting. Mr. Alonzo stated the finance Committee had reached out about holding a symposium at the Middle/High School Auditorium about the potential increased school population, budget concerns, building concerns and more. The only night that everyone is available and the auditorium is free is Tuesday, October 29. Mr. Alonzo will reach out to the Finance and School Committee Chairs about that date. Regarding the Unitil Storm Resiliency Program, the Board will walk the proposed tree route at 5:30 p.m. on September 17. Everyone will meet at the Ritter Building. Objective 2 was tabled until a future meeting. Mr. Alonzo asked the Board to review the Natick School Committee public comment policy and the Town of Easton's social media policy before next week's meeting for discussion. PUBLIC COMMENT: Ms. Adams asked if the public should be invited to participate in the storm resiliency walk. Ms. Lemieux noted due to time limitations there will not be opportunity to engage in discussion. Mr. Alonzo ===PAGE 7=== Carm reerson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2019-09-17-agenda-5142.txt BOARD : select-board DATE : 2019-09-17 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-09-17-agenda-5142.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09172019-5142 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Tuesday, September 17, 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 Smokestack Roasters, LLC - Common Victualler License hearing for 39 Mass Ave. 7:10 PM Peddler’s License Application- Steven Mongelli/Edward Jones Investments 7:15 PM Tollbooth Request for October 12th-Lunenburg Boys & Girls Club 7:20 PM Complete Streets Tier 3 Project Application IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS V. TOWN MANAGER REPORT VI. CURRENT BUSINESS 1. Request to place and fund seven Achitectural Preservation District signs in Lunenburg by Architectural Preservation District Commission 2. Right of First Refusal for 250 Howard Street- Removal from Chapter 61B 3. Request for Layout Hearing for Butterfly Lane-hearing date October 15th 4. Minutes/Warrants/ Action Items 5. Committee Reports VII. OLD BUSINESS 1. Discussion about estimate for repairs to old Primary School 2. Town Manager Performance Evaluation Procedure 3. Discussion about articles for 11/12/19 Special Town Meeting 4. Review of Public Comment and Social Media Policy VIII. UPCOMING MEETING/EVENTS SCHEDULE October 1, 8, 15, 22, 2019 Special Town Meeting- November 12th IX. PUBLIC COMMENT  PUBLIC  BOARD X. ADJOURN ======================================================================================== DOCUMENT : 2019-09-17-agenda-5186.txt BOARD : select-board DATE : 2019-09-17 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-09-17-agenda-5186.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09172019-5186 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Tuesday, September 17, 2019 Ritter Building Parking Lot 5:30 PM 960 Massachusetts Avenue AGENDA 5:30 PM Site Walk to review trees identified in Unitil’s Storm Resiliency Program The walk will begin at the Ritter Building parking lot and proceed to the following areas in no particular order:  West Street  Leominster Road  Lancaster Avenue  Whiting Street Adjourn ======================================================================================== DOCUMENT : 2019-09-17-minutes-5142.txt BOARD : select-board DATE : 2019-09-17 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-09-17-minutes-5142.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09172019-5142 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Members present: Tom Alonzo, Chairman; Phyllis Luck, Vice Chairman, Damon McQuaid, Clerk; Katey Adams, Michael- Ray Jeffreys Others present: Heather Lemieux, Town Manager The meeting commenced at 7:02 p.m. Mr. Alonzo announced the Board had met at 5:30 p.m. with the Tree Warden, Unitil personnel and some Planning Board members to review trees identified in Unitil's Storm Resiliency Program that were marked for either removal or pruning. This will be discussed further at the continuation of the public hearing on Monday, September 23ra Mr. Alonzo invited all to participate in 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 remembered former Conservation Commission Administrative Assistant Jan Carrier, who had retired in December 2015 and passed away recently. A memorial gathering for her will be on September 20t from 3:00 - 6:00 PM at Apple Hill Farm on 143 Joslin Street in Leominster. Ron Dionne, 131 White Street, reported he met with Facilties Technician Kit Walker last Friday and walked through the old Primary School. This morning he met with DP W Director Rodriquenz discussing the building. Mr. Dionne believed the building could be renovated. He opposed getting rid of the building. He stated he had a citizen's petition to repair the roof for the fall special town meeting and believed the building could be used for a future school or housing. APPOINTMENTS Smokestack Roasters, LLC - Common Victualler License hearing for 39 Mass Ave. Owner Jaclynn Nicoll presented for the license. Smokestack Roasters is a coffee shop and café located at 39 Mass Ave. They intend to roast coffee onsite daily and from 6 a.m. to 2 p.m. they would like to offer coffee, pastries, chocolates etc. for sale to the public. Motion: D. McQuaid To approve the comon victualler license for Smokestack Roasters, LLC at 39 Mass Ave. 2nd:P. Luck Vote: All in Favor ===PAGE 2=== del le v do poles soll del tele deca del bollela le to lalicilllo cells busticss value all vivalle. Motion: P. Luck 2nd: T. Alonzo To approve the peddler's license to Steve Mongelli/Edward Jones Investments between the hours of 9:00 AM and sundown Vote: 4 in favor-4, 1 against (Jeffreys) Tollbooth Fundraiser Request for October 12t-Lunenburg Boys & Girls Club Michelle Belleza and Gary Geneau (Lunenburg Boys and Girls Club Chairman) presented for the request. They have talked to the Police and DPW and have all the necessary cones and vests. They will be submitting the signed waivers before the event. They would like to run the tollbooth from 9 a.m. to 1 p.m. Motion: K. Adams 2n°: D. McQuaid To approve the tollbooth fundraiser request on October 12 from 9 am to 1 pm Vote: All in Favor Complete Streets Tier 3 Project Application Ms. Lemieux reported this item is back before the Board, but is new to Chairman Alonzo and Mr. Jeffreys. We are now on the MassDOT approval portion of the application. The areas we discussed previously are the Main Street and Whalom Town Beach areas. She introduced Rich Benevento of World Tech Engineering. Also present from World Tech was Bill Mertz. DPW Director Rodriquenz was also present. Mr. Benevento stated they looked at the projects that were under consideration last time and modified both area projects. They reduced the Main Street area from four to three tasks. He added this is a competitive program and they were looking for as many boxes to check off on the application as possible to ensure approval. The beach project funding request is $220,000 and the Main Street project is $230,000. The beach project only checks off one box (provides pedestrian accommodation). The Main Street project checks off many boxes. We are trying to assist you to identify the best projects) that will be accepted by MassDOT. Sometimes it takes several attempts due to the competitiveness for the funding. Mr. Mertz covered some of the reasons projects are accepted such as how many people it impacts, intersection and pedestrian/vehicular safety, seasonal traffic etc. Discussion ensued on timing of the projects with the paving management program, ADA requirements, and other issues, such as increased housing near the Whalom area project. Mr. Alonzo asked the Board what they would like to do as a decision had to be made due to the impending deadline. Mr. Jeffreys trusted World Tech's suggestions due to their experience with Complete Streets. He along with Ms. Adams believed the Whalom area should be included in the application due to the safety issues. They both agreed on removing improvements in the Village Area/Memorial Drive (#8). Mr. McQuaid stated while he agreed the Whalom area is a worthwhile project, he did not believe it was right for the Complete Street application as it does not meet the criteria we want to present to the state. He added if he was going to remove one, he would not pick #8. That area is the most trafficed area out ===PAGE 3=== delhought the beden drea provemens were do temporn de g Wronges s opinon that the Whalom project is premature and does not address all the issues in the area. Mr. Alonzo liked that application alternative #1 showed a unified plan and checks off more of the boxes and addresses all the elements of town center that was discussed on the walkability study. Ms. Adams believed the project description for Whalom addressed all the issues. Mr. McQuaid noted all it was doing was adding a sidewalk which Mr. Rodriquenz pointed out would eliminate the parallel parking there due sidewalk and curbing taking up more road area. Motion: K. Adams 2nd: M. Jeffreys To submit the application to Complete Streets with items #1, #4 and #3 totalling $340,000 Vote: 2 in favor, 3 against (Luck, McQuaid, Alonzo) Motion: D. MeQuaid 2ºd: P. Luck To submit alternative application #1 to Complete Streets Discussion: Mr. Jeffreys stated he would support the motion because it is going to pass and thanked World Tech for their work. He believed Whalom area needs to be addressed at some point. Ms. Luck agreed Vote: 4 in favor, 1 against (Adams) Mr. Alonzo stated alternative # 1 application will be submitted as presented. He thanked Mr. Benevento, Mr. Mertz, Mr. Rodriquenz and Ms. Lemieux for all their work. Mr. Benevento stated notifications from MassDOT should come by the end of the year. OLD BUSINESS 1. Discussion about estimate for repairs to old Primary School Ms. Lemieux referred the Board to the first item in her Town Manager report "Following the September 10th Selectmen's meeting discussion on the estimate for the identified repairs thatthe APDCrequested the Town undertake in orderto prevent further deterioration ofthatbuilding, I met with the DPW Director and the Facilities Director to review the Facilities budget and the projects that were identified to be undertaken this fiscal year. One discussion point that we did not go over at the September 10* meeting thatwas in the Facilities Director's estimate, was a disclaimer that"the roofrepairs do not include unseenstructural damagethatmay be presentfrom weatherdamage, security monitoring, and electrical costs." Ihavesince contacted Vertex, the firm that conducted the Property Condition Assessment on that building, to get an estimate on how much it would be to have their structural engineer inspect the building and issuetheir findings. I should have that by thecloseof business today." Ms. Lemieux stated she had not heard back from Vertex yet. "As another follow-up to that discussion, I did a fullreview of that account and what isavailable for projects after deductingannual maintenance expenses, security, fire, alarm inspections, and other annual contracted costsand there isapproximately $50,000 for projects, unless there are some unforeseen emergencies. The projectsthat were identified during theFY20 budget processand subsequent were: • TownHallADA Ramp (Contingency Funds>$27K) • TownHallFix Sidewalk to align with Ramp ===PAGE 4=== The initial listalso had thereconfiguration of the Ritter entryway, but dueto estimatesreceivedso far, this will need to be submitted as acapital projectthis year. The Facilities Directorisworkingon obtaining estimates for the above mentioned projects, but based on the projects listed above, we believethere would not be sufficient funds to cover all of these projects and any repairsto the old Primary School." Ms. Lemieux added we also have to address ADA compliance for the above listed tasks, which would be a priority. Mr. Alonzo stated he was in favor of putting money into the building but not if the structural engineer tells us the roof needs major work. He wanted to make sure we have a completely sealed envelope that is protected from the elements and that there won't be any further deterioration of the building by what we do. Maybe it is a good idea to go on the roof to find out what is involved. DPW Director Rodriquenz stated we do need to get in the attic to find out what is happening there. He added every window leaks and broken windows have been covered. All the grout between the exterior bricks is cracked; that means moisture is getting through. The school is still loaded with asbestos and now it is loaded with black mold. He understood the sentimental feelings around the building but to put any more money into the building is ludicrous. Mr. Jeffreys agreed with Mr. Rodriquenz and thought they needed to be realistic. Mr. McQuaid agreed but thought the townspeople might need a third party's opinion. Ms. Adams suggested putting a demolition article on town meeting warrant to gauge what the town sentiment is for the building. Mr. Alonzo suggested finding out how much the Vertex inspection of the roof would cost. Mr. McQuaid noted if you put an article for demolition up then you have to come up with half a million dollars to tear it down and plant grass etc. Ms. Lemieux stated a non-binding article could be placed on the warrant. Mr. Jeffreys asked what more do we need to know that this building is not working for us anymore. Why do we need to spend more money? Mr. McQuaid stated what he heard every time it went to Special Town Meeting was we need more information. To go to town meeting for a non-binding vote and not bring any new information is a waste of our time on town meeting floor. Richard McGrath, APDC Chairman, 22 Cushing Lane, remarking on the condition of the building noted there were two buildings in Fitchburg that were vacant as long as this one and perhaps longer, that were in similar condition with the brickwork. They were sold to someone in the community with the stipulation that they be restored. They were and are still there. One was sold to an artist and she used it as a residence and art studio. The other is used for storage. The APDC has recommended we follow that model and the building be put on the market with a minimal sale price and stipulation that it be restored within a certain amount of time. Mr. Alonzo noted obviously it is predicated by if the town wants to sell the property. So that plan won't work if the final decision is to not sell the property. 2. Request for Layout Hearing for Butterfly Lane-hearing date October 15th Ms. Lemieux reported this is going before the Planning Board before it comes to the Selectmen. They will give their recommendations and a public hearing process is required. It will have to be approved at Town meeting and that is one of the discussion items for special town meeting; putting in a placeholder for the article. Mr. Jeffreys asked DPW Director Rodriquenz if he had any insight into problems ===PAGE 5=== TOWN MANAGER REPORT 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) • ArchitecturalPreservation District Commission (1 designprofessional; craftspersonorbuilding contractor familiar with historic renovation) • Finance Committee (1 position appointed by the Finance Committee Appointing Committee) • Housing Authority (1 electedposition that willbeajointappointment withremainingHousing Authority members and Selectmen) • Planning Board (1 elected position that willbea joint appointment with the remaining Planning Board 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. Open Meeting Law, Conflict of Interest, and Public Records Law Training: Thedatethat Town Counsel wasavailableto provideelected/appointed officialsan Open Meeting Law, Conflictof Interest, and Public RecordsLaw Training is Thursday, October 3rd at 7 p.m. at the Eagle House Senior Community Center. Pleasant Street Bridge over Pearl Brook: The DPWDirector, the engineering firm, and I meton Thursday, September 12th to review theschedule ofthe design, bidding, and construction phases for the repair of the Pleasant Street bridge over Pearl Brook. The design phase through Mass Department of Transportation will take most of this fiscal year and the project is expectedto be out to bid in the spring. The hope isthat construction will take place over the summer when school is not in session. It is expected that we will need to close Pleasant Street during construction and will givenotice wellin advance before construction commences. As yourecall, wereceived$380,000 fortherepair ofthisbridgethrough MassDOT'sSmall Bridge Program. Town Hall Chairlift Asa follow-upto the action item that Chairman Alonzo brought upabout the Town Hall chairlift issue ofthedoor to the chairliftgettingcaught up on therug on the first floor, I spokewiththeFacilities Director about it and he relayed that the elevator company did come and shave down the bottom of thedoor so thatit nolonger stickson the carpetof thefirstfloor access. Togo one step further, he is going to adjust the door hinge so that it is easierto open from the inside of the chairlift and it will close more slowly. ===PAGE 6=== nat wilbelneraeam insliktalve. beginng dunng weekt, tespecrs wilbeg eding Opslags allu all the households will betracked on ifnon-recyclable items were found in theircontainers. Thetotal length of the program is nine weeks, with a goal of cutting our contamination in half. ADA PROW Self-Evaluation and Transition Plan (TM Goal #3): Relevantstaff, the Americans with Disabilities Committeemembers, and Imetwithstafffrom Montachusett Regional Planning Commissionandengineers fromthefirm Stantecto discussthe work thatStantechasdone to date in performinga Selt Evaluation and Inventory Analysısotallthe lown'ssidewalks, crosswalks, ramps, andaccessible pedestriansignals aspartof an ADA Public Rights of Way project. Stantec's review took into account 8 miles of sidewalks, the pedestrian ramp network, and the condition of the sidewalks, it there were obstructions, or tripping hazards. They reviewed their preliminary results and theresultsofa survey that was doneto indicate areas identified by respondents on where they would liketo see proposed new sidewalks that currently do not exist. Stantec has further work on this self-evaluation component and expectsto issue the findingsofthe Self-Evaluation to us in a coupleof weeks. After the Self-Evaluation is finalized, there will bea public meeting in orderto getmore inputon prioritizing futuresidewalk andramprepairlocationsandthat will help inform a fiveyear Transition Plan to adress any portions of the network that are not ADA compliant. Thispublicmeeting will likely be at theend of OctoberorbeginningofNovember. ADA Self Evaluation and Transition Plan for Public Facilities and Parks (TM Goal #3): Montachusett Regional Planning Commission is currently performing the ADA Self-Evaluation on public facilities, including the schools. MRPC staff has worked with the Town's Facilities Director and School's Facilities Directorto tour these buildings and completethe assessments. The Self-Evaluation isexpectedto becomplete in approximately onemonth. Aspart ofcreating the Transition Plan forthe facilities and parks, a public meetingto obtain input willalso be part of the process. A timeframe for this public meeting may be around the same timeframe asthe PROW public meeting, but not on the same evening Meetings and Other Annoncements: Town Counsel OfficeHours for Septemberwillbe September23rd from noon until4p.m. and for October they will be October 23rd from noon until 4 p.m. attended the Dementia Friendly Action Team meetingand CapitalPlanning Committeemeeting today. Iwill beattending the Regional Dispatch Administration Board Meeting tomorrow duringthe day and the Parks Commission meeting tomorrow evening. On Thursday, I will beattending a MA Municipal Managersmeeting in Devens and the Committee/Board member Appreciation Reception Thursday evening. Ms. Lemieux expressed a special thanks to Executive Assistant Elaine Peterson who coordinated the Board member reception. ===PAGE 7=== the district. Motion: D. McQuaid 2nd: P. Luck To approve the request to fund the signs for the Architectural Preservation District Discussion: Mr. Alonzo requested a map be provided to the Board on where the signs will be located before they are placed Vote: All in Favor 2. Right of First Refusal for 250 Howard Street- Removal from Chapter 61B Ms. Lemieux reported the notice was sufficient according to town counsel and all appropriate parties have been notified. It was also forwarded to the Open Space Committee. The Town has 120 days to exercise its right of first refusal. Question was asked if the land could be subdivided. Ms. Lemieux did not have that information. The Board will wait for feedback from the other notified boards. 3. Minutes/Warrants/Action Items The Board approved Minutes of August 13, 2019. The Board signed an accounts payable warrant in the amount of $311,451.98, a deductions warrant in the amount of $167,816.57, and a payroll warrant in the amount of $811,390.09. Action Item: Ms. Adams asked if there had been any update from the state regarding the intersection at Mass Ave and Electric Ave. for potential improvements. Ms. Lemieux stated the next step for the state would be to conduct a traffic study but they are currently not doing that. Committee Reports: Mr. McQuaid reported Capital Planning met today. We finalized what we will be sending out to department heads for submitting requests. New this year is a point system provided by the Collins Center to quantify requests based on criteria to help with the decision making process. Mr. Alonzo reported the town clock is back up and running after many months of waiting for it to be repaired. OLD BUSINESS (Continued) 1. Town Manager Performance Evaluation Procedure Mr. Alonzo presented in writing what had been discussed at a previous meeting. He read aloud the eleven steps of the procedure: 1. Each member of the Selectboard completes the Selectboard-approved Town Manager Evaluation Form. 2. Each member can, at the individual member's discretion, obtain feedback by speaking with individuals who work for and/or with the Town Manager to be used when completing the Organizational Leadership and Personnel Management segment of the evaluation instrument. ===PAGE 8=== Manager. 5. Once all the individual Selectboard members have met with the Town Manager, the completed evaluation forms will be submitted to the Chair of the Selectboard for the purpose of writing the composite evaluation. 6. At an open meeting of the Selectboard, at which the Town Manager's evaluation is on the agenda, the completed composite Town Manager Evaluation Form will be distributed to the entire Selectboard, the Town Manager and entered into the public record. 7. The period between the release of the composite Town Manager Evaluation Form into the public record and the discussion of said evaluation by the Selectboard at a subsequent, open Selectboard meeting, the Selectboard members may review, in a controlled environment, the other members' individual evaluation forms for the purpose of ascertaining whether the composite evaluation fairly and adequately reflects the viewpoints of all the individual evaluations. 8. At no time are the individual evaluations to be entered into the public record either by having it read, in total or in part, into the record OR by direct reference at an open meeting of the Selectboard. 9. At a later open meeting of the Selectboard, at which the Town Manager's evaluation is again on the agenda, the composite Town Manager Evaluation Form will be discussed, modified (if necessary) and its acceptance voted upon by the entire Selectboard. 10. Once approved, the composite evaluation will be discussed with the Town Manager and the Selectboard members at an open meeting. 11. The approved composite evaluation will be placed in the Town Manager's personnel file and be part of the public record. Ms. Adams expressed concern about items #7,#8, #9. She preferred not to read other Board member's input and would rather just discuss her own evaluation. She did not believe each Board member could look at each other's evaluations and know what they should or shouldn't be saying in public. If we all see our own voice in the composite, then we know it's complete. Mr. McQuaid agreed at the time that he did not feel the need to read anyone else's evaluation. If other people are going to do it, then I certainly will as well so I have that information. While he did not agree with that step on the process, he did not believe there was anything wrong with the way it is laid out. Mr. Jeffreys understood what Ms. Adams was saying but believed it was somewhat of an exercise that we have to demonstrate. Working with the board members, I see the value in having some insight into how you perceive someone that that I also develop perceptions of. That will help me to understand to work better with you. Discussion about how the process would work ensued, keeping statements general and not referring to specific evaluations or statements. ===PAGE 9=== do Discuss about arties for 11/12/19 special 1 own Iviceling Ms. Lemieux reported the following were placeholders so far for special town meeting: • Budget adjustment article for the current fiscal year • Approval of the collective bargaining agreement first year pay increases • Purchase of 250 Howard Street property • Acceptance of Butterfly Lane as a town road would be another article • Additional liquor licenses for the town The Board reviewed the information provided by town counsel regarding petitioning the legislature to exceed the town quota for additional liquor licenses. Discussion ensued around whether to request for one specific business or just for general application by anyone. Suggestion was made to request two licenses, and one can be specifically for Lanni Orchards and the other unnamed. Motion: D. MeQuaid 2nd: P. Luck To petition for two separate beer and wine off premise licenses; one for Lanni Orchards and the other unnamed Vote: All in Favor • Potential purchase of the property located at 635 Mass Ave This property is located in front of the public safety building and would allow a second egress from the public safety building lot. • Chapter 81 about annual town meetings and submission of warrant articles and the 42nd day before the town meeting which is a Saturday (when Town Hall is closed). Ms. Lemieux recommended the wording to state the 60 day based on the town meeting schedule. It allows additional time for town counsel review, making recommendations and meeting printing and mailing deadlines. Discussion ensued on the ramifications of how this would affect filing articles. General consensus of the Board was 47 days and adjusting board meetings. Motion: D. MeQuaid 2nd: P. Luck To approve inclusion of the above listed articles presented by Town Manager for the special town meeting warrant Vote: All in Favor Motion: K. Adams 2n: M. Jeffreys To create a non-binding article for demolition of the old Primary School Discussion: Mr. Jeffreys stated this is a good opportunity to get some input from residents. Mr. McQuaid noted a non-binding vote from people who are not necessarily going to be the same people. who might be there when you are trying to get a real vote is just a straw poll. Ms. Luck agreed with him because she did not think they had enough information. Mr. Alonzo did not object to placing the article on the warrant but did not know how much data we can get from that. He did state he would be speaking to the Town Moderator to keep discussion to a minimum on this article. Vote: 3 in favor, 2 against (Luck, McQuaid) ===PAGE 10=== Mr. Jeffreys noted after being on this Board for a few months he thought they were making a lot of progress but he did not like 3-2 or 4-1 votes. But, he appreciated that they all expressed their opinions and agreed to disagree at times and we keep moving forward Mr. Alonzo appreciated the comment and thought it was good that we all try to work together and listen to each other for all these things. Motion: D. McQuaid To adjourn the meeting at 10:16 PM Respectfully submitted, Elaine M. Peterson Elaine M. Peterson Executive Assistant to the Town Manager 2nd: P. Luck Vote: All in Favor ===PAGE 11=== Rank Project Name (Street and Infrastructure Improvement) Main Street & Oak Avenue - Sidewalk Connection Vilage Area - Improved Pedestrian Crossing from Ritter Building to Town Hall Village Area - Memorial Drive Improvements Lunenburg Complete Streets - Tier 3 Application Alternative 1 Project Details Infrastructure Codes Network Gap Modes Served Crash Location Project Description (brief narrative about the project need, condition of infrastructure, and how a network gap or safety issue will be addressed). Is a Network Complete Streets Project Type Gap being filled? See (refer to the Eligible Instructions Projects Worksheet) Pedestrian Transit tonicio/Sre Is the project located in a High Crash location? Further discuss the Safety Need in Exhibit A and indicate data source. Complete Streets - Safety - Mobility - Equity Specify Safety Countermeasures Roundabout/Mini Traffic Circle Crossine Islanc Pedestrian Hybrid Beacon (HAWK) Pedestrian-Activated Warnine Device Road Diet Lane Narrowing Pedestrian Signal Upprade Sidewalk Shared Use Path/Separated Bike Lane On-road Bike Lane Raised Intersection or Crossing ntersertion Reconctriiction Tighten Curb Radii/ Curb Extension Transit Improvement Reconstruction of this intersection to reduce turning P2. ADA compliant curb radil, calm traffic, and improve sight distance for vehicles ramps and pedestrians. Construct missing sidewalk connection P3. Detectable warning between Oak Street and Main Street to allow for safe surface pedestrian passage. Work includes excavation, base P5. Providing new sidewalks gravels, asphalt, curbing, fill and loam and seed P9. Crosswalks necessary for the construction of 100 linear feet of 5-foot S6. Reducing corner radii to wide sidewalk. Other project components include lower vehicle speeds installation of (4) ADA ramps with detectable warning S13. Intersection plates; and (4) pedestrian crossing signs (MUTCD R1- reconstruction - reducing 5). complexity SO. Traffic & Safety Construct missing sidewalk connection to allow for safe TP2. ADA compliant curb pedestrian passage from Ritter Building to Town Hall. ramps Work includes excavation, base gravels, asphalt and P3. Detectable warning relocation of plantings where necessary to construct 75 surface linear feet of 5-foot wide sidewalk through the existing P5. Providing new sidewalks park located between Massachusetts Avenue and Town Hall. Other project components include (1) pedestrian P9. Crosswalks crosswalk with signs (MUTCD R1-5); (1) ADA ramps with detectable warning plates; and relocation of (1) utility pole. Construct missing sidewalk connection along Memorial P2. ADA compliant curb Drive to allow for safe pedestnan passage from Main ramps Street to Senior Center and Public Playground. Work P3. Detectable warning includes excavation, base gravels, asphalt, curbing, fill. surface loam and seed and drainage improvements necessary P5. Providing new sidewalks to accommodate the construction of 500 linear feet of 5- foot wide sidewalk. Project also includes the construction of a pedestrian crossing across Main Street, including painted crosswalk with flashing beacons and (2) ADA ramps with detectable warning plates. Other project components include painted crosswalk across Memorial Drive for safe passage to Church, installation of (2) ADA ramps with detectable warning plates; and (2) pedestrian crossing signs (MUTCD B1-51 SRTS Does this project improve safety or accessibility within one mile of a school? SRR Does proj improve or acces within 1 of a Se destina ===PAGE 12=== Rank Project Details Infrastructure Codes Project Name (Street and intrastrucure improvement Project Description (brief narrative about the project need, condition of infrastructure, and how a network gap or safety issue will be addressed). Complete Streets Project Type reten to the eigible Projects Worksheet) Lunenburg Complete Streets - Tier 3 Application Alternative 2 Network Gap Modes Served Crash Location Is a Network Gap being filled? Sec Instructions Bicycle Pedestrian Is the project Locked he High Crash location? Further discuss the Safe Need in Exhibit A and indicate data source. Complete Streets - Safety - Mobility - Equity Roundabout/Mini Traffic Circle Spect sater countermeasurec Pedestrian Hybrid Beacon (HAWK Pedestrian-Activated Warning Device Road Diet verY for Yes Pedestrian Signal Upgrade Sidewall Shared Use Path/Separated Bike Land On-rosd Bike Lane Raised intersection or Crossing Intersection Reconstruction iphten Curb Radil/ Curb Extension cave dian. SRTS SRFS Transit Improvement Does this Does this project project improve improve satety Environme safety or or accessibility al Justice accessibility within one Within 1/4 mile of a Senior Populatio Served? mile of a destination? school? Whaiom Road Area/Town Beach - General Corridor Improvements Construct missing sidewalk connection between Electric B3, Bicycle parking fixtures Avenue and Lunenburg Town Beach to allow for safe P2. ADA compliant curb pedestrian passage. Work includes excavation, base gravels, asphalt and loam and seed necessary for the construction of 900 linear feet of 5-foot wide sidewalk from Electric Avenue to an existing sidewalk on Lake Front Avenue and for the construction of 1,200 linear P3. Detectable warning surface P5. Providing new sidewalks P9. Crosswalks feet of 5-foot wide sidewalk along the south side of Prospect Street from the existing sidewalk on Lake Front Avenue to Lunenburg Town Beach. Other project components include installation of (4) ADA ramps with detectable warning plates; (1) pedestrian crosswalk with signs (MUTCD R1-5) from Kimball Street; "No Parking" signs (MUTCD R7-200) on the north side of Prospect Street: restriping of Prospect Street centerline to allow for on-street parking on south side of Prospect Street; and on-street bicycle parking fixtures near Town Beach ===PAGE 13=== for a total of 139 licenses. In response to your questions, the data suggest that: (1) yes, the legislature routinely increases the quota where there isn't a named licensee; and (2) though roughly 66% of the petitions granted were for a single, named package store, convenience/grocery store, or restaurant, the legislature seems to have no problem granting multiple licenses in a single petition for existing businesses or businesses yet to be named. The following breakdowns of the data are instructive: Iype of entity to whom the additional license is granted: 12 Convenience/Grocery Stores 4 Package Stores 5 Restaurants 1 Arcade 2 Theaters 4 Individual Business Entities (e.g., LLC, real estate investment trust, etc.) 20 Businesses yet to be named (general increase in the quota) 91 Businesses yet to be named that are restricted to specific zones or districts (this includes downtown areas, areas along a major highway, "target commercial areas," economic development zones," and "business districts") Range of licenses granted in single petition: 1-20 ... Alex MIna Alexander M. Castro Mead, Talerman & Costa, LLC 30 Green Street • Newburyport, Massachusetts • 01950 Phone 978.463.7700 • Fax 978.463.7747 alex@mtclawyers.com. www.mtclawyers.com