# select-board — 6 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 : 2022-07-19-minutes-5323.txt BOARD : select-board DATE : 2022-07-19 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2022-07-19-minutes-5323.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07192022-5323 ======================================================================================== ===PAGE 1=== SELECT BOARD MINUTES July 19 , 2022 Town Hall, 17 Main Street and via ZOOM Members present: Michael-Ray Jeffreys , Chairman; Tom Alonzo , Vice Chairman; Lou Franco, Clerk; Todd Dwyer Member not present: Heather Sroka Also Present: Heather Lemieux, Town Manager via ZOOM ; Peter Beardmore , Dr. Kate Burnham, School Superintendent ; Elizabeth Lydon of Mead, Talerman & Costa via ZOOM School Committee Members present: Carol Archambault, Chair; Brian L ehtinen, Vice Chair; Anthony Sculimbrene Chairman Jeffreys cal led the meeting to order at 7:00 p.m. He asked everyone to stand for the Pledge of Allegiance. He announced in accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast live over the Lunenburg public access channel, on Facebook Live and it will be uploaded to the Lunenburg public access YouTube channel within 2 4 hours after the meeting. The agenda lists all the topi cs which may be discussed at this 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 the Open Meeting Law. He announced Town Manager Lemieux was participating remotely this evening. PUBLIC COMMENT - there was none at this time. ANNOUNCEMENTS Ms. Lemieux reported Council on Aging Director Sue Doherty has stated Eagle House Senior Center will be open as a cooling center on Wednesday from 8 am to 7 pm: T hursday 8 am to 5 pm and F riday 8 am to 4 pm . Mr. Alonzo announced last night's band concert was canceled because of the rain so they will use their rain date so they will be going to that extra M onday . T hey'll be back hopefully w eather permitting next Monday at 7 pm in front of the TC Passios Building. COMMUNICATIONS FROM OTHER BOARDS -none this evening Joint Appointment with School Committee to Fill Vacancy with a term to expire at the next election Chair Carol Archambault called the School Committee meeting to order. Mr. Jeffreys noted there was one applicant for the School Committee vacancy, Peter Beardmore of 282 Pleasant Street. Mr. Beardmore stated he was bo rn, raised and has lived here f or most of his adult life . Following college he was an A rmy officer for four years and since the last 24 years worked in high tech , primarily in product marketin g and marketing functions in IT security , fraud compliance and risk management . He has a son who is an 8th grader at Lunenburg Middle School and a daughter who is a 2020 graduate of Lunenburg H igh . He ’s always taken an int erest in town government since he was 11 years old and his mother ran for S ch ool Committee and served for six years. He served as a member of the ZBA for almost a full term several years ago . He has served on the ===PAGE 2=== Finance C ommitt ee for the past three years as C lerk and V ice Chair and Chair for the past year . For most of his first term on the Finance Committee he served as a liaison to the S chool C ommittee , so has sat in just about all of the school committee meetings for the last three years . He also currently serves on the Municipal B uilding Design C ommittee . He is familiar with the duties and responsibilities of the school committee . He has watched M rs . A rchambault's series on p ublic access channel and read a number of documents that she's furnished to him on the duties of the school committee ; the operating principles in a document for new members . If appointed tonight he look s forward to the opportunity to work m ore closely with the School C ommittee members and the ad ministration in pursuit of the S chool department's mission. T he school administration has done remarkable work in improving the overall professionalism of our faculty ; the professional development program has really grown . Very early in her term the S uperintendent identified some of the g aps associated with socioeconomic changes that have occurred in L unenburg and put forth plans to begin to address some of the behavioral and emotional challenges that some of our students have. T hose plans were able to be put into force as resourc es became available during COVID . T he investments we've made in curriculum have begun already to pay and show results . He was excited about the civics curriculum as he knew the board was. T here are four a reas that the S chool C ommittee has an opport unity to set measurable and tangible goals, garner resources and support from the comm unity and ensure that there's accountability and some of these will overlap a little bit . T he first is safety and ce rtainly the most important one. This is an area that the School department, you and our public safety officials pay close attention to . I t's an area that we can't discuss enough and as a parent I can tell you that I don't feel that I'm fully informed and I think that there's work to do there . The second is achievement , I think we would all like to know that we're getting good return on our investment . U.S. News and World R eports published a national survey a few months ago that ranked LHS as 119 in the state out of 378 public high schools . This puts us just inside of the top third and my question is can we be in the top fourth ? W e should decide what our goals a re and what we want and what we should expect as measurements to ensure taxpayers that our students are getting the best possible return on investment . T he third area very tied to return on investment is budget; that's an area that I ’ve paid close attention to over the last few years for obvious reasons . I think we're in for tough times ahead and it might not be this f iscal year or the next but by FY 25 whe n the COVID funds start to dry up and our contracts and line items st art to c atch up with inflation. I think we need to start strategizing and planning for that eventuality . If appointed one of the first things that I 'll do is suggest that we form a subcommittee of the S chool C ommittee to scrutinize the entire budget , not just the lines that are addit ions and subtractions that the School C ommittee tends to pay attention to during budget season , because there may be opportunities for greater efficiencies and or reductions if things are not running efficiently . His final area of focus and the biggest and hardest one is to better address communication and community engagement . B oth are lacking in his opinion despite the fact that they've been identified and there's been some effort over the last few years . He wonder ed if we're just opening our wallets and paying for things that that we used to do ourselves . He work s in marketing and a common metric that they use is calle d net promoter score to measure how they ’re doing in the eyes of their customers and it's a simple calculation that you see on every survey that you've probably ever taken from a vendor . He suspect ed that if we were to get a measurement that we'd ===PAGE 3=== all want it to be better than it is and the way to achieve this is through policy and through performance . I t com es to administration by looking at means of communication but not just the platforms that we're using for communication but the engagement of those platforms and looking for ways to bring community members to bear . W e just don't have that magnitu de of participation anymore in L unenburg partially because we have n't tried and partially because some people have been turned away . T hey've been made to feel that their opinion doesn't matter, that their problems aren't cared for and they begin to feel disenfranchised and how do you build ownership when there's a sense of disenfranchise ment. Those are the areas that he hope d t o focus on should you appoint him to the School C ommittee. Mr. Jeffreys thanked him for his comments and deferred to the School Committee members to ask questions. Vice Chair Brian Lehtinen asked Mr . Beardmore if he had attended School C ommittee meetings before he was appointed to the Finance Committee. Mr. Beardmore stated he had attended them sporadically over the last 20 years when there was an issue that gathe red his attention. The earliest in the last five years was Dr. Burnham ’s first or second school committee meeting and there was issue about the turf field agreement made between the Bengals and the school department and the fairness of paying fees for use of the fi eld. There ’s a lot that can be done to conv ey a sense of partnership with the community when it comes to working through and resolving tho se issues. Not long after that he applied for Finan ce Committee t here was a proposal to cut the French langu age program at the school and his daughter wa s i n that program at the time and he spoke out against it. He also attended a Finance Committee hearing on a topic where he thought there wasn ’t a lot of engagement from the Fi nance Committee that led him to volun teer for the Finance Committee. Ms. Archambault asked how you feel about potential conflicts of interest as you have been liaison for the School Committee as I have been for Finance Committe e. She saw places where there could be conflicts. She had called the Ethics C ommission to ask if it was possi ble for somebody to serve on both boards and they said yes , as long as neither position was paid . S uppose the School C ommittee made a decision to submit a capital plan item to build a swimming pool at each school ; the School C ommittee had discussed it and despite the fact that you disagreed they had voted for i t and this came to you at Finance Committee. W hat do you do with that because by our protocols when you are in the public if something is passed , you can't say that was not a good idea b ecause it's all part of the team? W hat would you do with that ? Mr. Beardmore replied I too called the Ethics Commission but for a different reason today . T he Finance Committee discussion did come up and I've also had a number of conversations since my last c onversation with you and my opinion has evolved . To answer yo ur question , I think that while I don't see a pragmatic conflict in the majori ty of the duties of either the School Committee or the Finance C ommittee, and I do think that there are efficiencies potentially to be gained in the same way that Mr. Passios served on the Finance Committee and the Parks Commis sion at the same time; I recognize that there are more than a few eyebrows that have been raised about this proposal. That perception is reality. I would propose to the members of this joint committ ee is that if appointed to the School C ommittee, I'm not looking to resign immediately from the Finance C ommittee . T here' s work that I need to help the Finance C ommittee do and some goals that we'd like to accomplish together. But I can't see serving on the Finance Committee and the School C ommittee through budget season and I would need to make an e xit before the end of the year . I think that it would have to be dealt with very carefully. Y ou raised another question in your question, which I don't know if you intended to do so or not . ===PAGE 4=== I suspect you did about your protocols because I 've spoken to your protocols and your operat ing procedures and I don't agree with them entirely and when the time comes I ’m looking forward to those discussions . I 've read them over the last couple of weeks and I don't think they serve us well particularly when it comes to exactly that circumstance that you brought forth . The “ there will be no surprises ,” clause and a couple of other cla uses that effectively turn the S chool C ommittee into an omerta or cabal of unity . I recognize that as an appointed member of this elected board I will abide by those rules until such time as I can convince you othe rwise that we should change them. Ms. Archambault stated you brought up another point that I need to make sure that that we are very clear on ; tha t the real constituents of the School C ommittee by law are the children . We don't want the parents upset , but we speak for the children for they have no voice a nd that's very important . I know that 's really not something you 100% agree with either . Mr. Beardmore stated, yes , because I don't see how you can solely represent the children when you are budgeting with taxpayer money and you are elected by registered voters . I see an inherent conflict there but I also see that a strict view of that ha s put us in the position when it comes to this net promoter deficit and engagement deficit . T he re are some people who believe that the School C ommittee i s more in support of the admin istration than of the peopl e and the students and the need to resolve issues . I 'm not sayi ng that I agree with that position . I think it comes with a lack of context sometimes. That perception issue is something that needs to be addressed . I ’m no t one of these I alone can fix it types , but I will probably push, prod, ask and apologize and do all the things to try to move the committee in the direction of doing both a great job for our children to accomplishing our m ission exactly as it's written. I have no problem with the mission but to do so in a way I think that that supports community engagement and support more holistically . Ms. Archambault responded, our job as the School C ommittee does not touch day-to-day operations and how things work that way . T he S uperintendent is charged with carrying out our policies . N ow if there is a big problem in the day to day, then we have two choices . W e ta lk with the S uperintendent in her evaluation , we say this needs to be addressed or we change the policy . T hose are the only two options , we don't have any other options by law . Mr. Beardmore stated I agree d with you entirely and I read the law . I 'm familiar with educati on reform in the 90s and the changes that came with the Student Opportunity Act and the local policie s as well. W e will probably have some disagreements on some of the rough edge s but the points you just made are valid points . T here are oppor tunities through policy, supervision and hiring/firing of the administration of the superintendent , and through budgeting . Many of these things can be pushed along and that progress can be made through benchmarking , measuring, goal setting and holding people accountable . Al l of those things that are n ot day-to- day activities but are direction setting in policy setting . W hen it comes to so me of the issues where controversy has ensued , it's hard to come up with hyp erbole and examples and you just don't kno w what's going to happen and to really pressure test those policies in adva nce but sometimes that just has to be done . The School C ommittee has in its toolkit plenty of levers and knobs to do a great job and I don't subscribe that we can't address this because we're not allowed. I think yo u know give me a rule book and I 'll find a way to win the game and I guess that's the approach that I think we need to take . Mr. Sculimbrene asked if Mr. Beardmore had any preferences for any of the ir subcommittees. ===PAGE 5=== Mr. Beardmore stated he was not up to speed on the subcommittees but thought he could do his fair share .  He mentioned a budget subcommittee which he did not think existed righ t now. It probably ought and would certainly love to participate in that. Mr. Dwyer asked if Mr. Beardmore could speak about a time he came to a meeting with one opinion and been persuaded by others and had your opinion changed. Mr. Beardmore could not think of any time at the moment, but in his capacity as Chairman of the Finance C ommittee and tenure I have been enthusiastic about discussion and shaking out issues . Also when I 'm wrong , saying I 'm wrong . I t came after the fact and it didn't really matter in the grand scheme of things but in the June 2020 town mee ting if you re call I made a motion , Mr. P assios seconded it , to basically reduce the capit al plan in half and at the time we just did not know where the state was at for funding . It was the beginning of COVID; it looked like there was massive economic impact happening , the federal government ha dn't stepped in yet and we didn't really know what was going to happen . M y strategy was just spend what we absolute ly need to spend on capital in June and then come back in N ovember and figure it out when we had a better view . T hat opinion was vigorously opposed by the Town M anager and by most of the members of this board . T he motion failed an d the capital plan passed proposed . I was wrong and I admitted such as many times over in Finance C ommittee meetings in the couple of years that ensued. S o I when I'm wrong I don't have a problem saying I 'm wrong . But I have no problem with be ing a lone dissenting vote either . Mr. Franco stated w hat am I about to s ay my position is not a Peter B eardmore thing ; it's an appearanc e of conflict and while I have no doubt that you personally would be able to navigate this situation , my concern is over appearance and the precedential effect of having the same person , not you , the same person serving both roles simultaneously . My concern is that in the future , four or five years from now , if something like this comes up and it's a much long er period of overlap, people will dig back into the annals of what happened and said is there any precedent for this ? T hey're only going to know that one person occupied both of these positions simultaneously so my questio n is, is there a way that we can make this not overlap ? H ow long are we talking about this overlap and is there a way that this appointment could be done in a way so that your term does not overlap ? Mr. Beardmore noted t he power of the F inance C ommittee is purely of influence. We participate in making recommendations on the warrant and a town meetin g , but we have literally t wo powers ; we appoint members to a couple of other committees, the capital planning committee and bu ilding design committee, both of which are advisory committees . In very rare circumstances we approve an interdepartmental transfer . T hat's the extent of our power on the Finance C ommittee . S chool C ommittee is obviously very different in its scope of responsibility and authority . But I'm also sensitiv e to the perception of conflict . T here is no prohibition of this anywhere in our bylaws or charter . A ny member of the public can serv e in an elected position and appointed positions simultaneously . U ntil a few weeks ago we had a member that served on multiple bodies in town , including the Finance C ommittee . T o answer your question I t hink the School C ommittee is not scheduled to meet until A ugust 19 th . Ms. Archambault noted they will have a meeting mi d-august to talk about setting pro tocols. T he Finance Committee will meet twice in A ugust so there's a potential course of action where I could be appointed tonight , work with the Finance C ommittee to reorganize and set the c alendar, path and plan to facil itate some continuity and resign and be sworn in just prior to the next School C ommittee meeting . Mr. Franco understood that the Finance C ommittee ha s no binding authority but the persuasive authority is very substantial. P eople rely on that information that comes o ut of there, that ’s a ===PAGE 6=== testament to how useful that committee is. I f there's a way it can be engineer ed so that there is no overlap. If that circumstance can be engineered I am totally in. Mr. Beardmore stated given the way the calendar is right now I think that could be accomplished. Mr. Alonzo stated in in your engagements in public se rvice there is not a time when I have not felt that you didn't elevate the con versation and brought critical thinking and clear vision to your opinions about how things should be and I appreciate that entirely. That's an incredible quality so I definitely want to echo what M r. F ranco said . You are an excellent candidate for this kind of public service so thank you for all of that. I also would like it to be unanimous , I think it's very interesting that as a candidate before us that's looking to have a vote that you take strong positions on things that may not be particularly popular with people who are going to be voting in one way or another and yet you still take them and that's exactly why you should be on these places . My only concern is the conflict and the precedent that M r. Franco said and what I 'd like to propose s o we can say yes this has been done but only for a set time window. I nee d to hear how long it's going to be , but it's not going to be past this date . We're so close to this I would like you to commit to say for ever ybody's sake that you ’re only going to be here for this amount of time whether it's another three meetings of the Finance Committee or until middle of September whatever that is I want it to be certain because ot herwise I have absolutely no trepidations about voting for you . I think you'd be an excellent member of the School C ommittee as you are an excellent member of the Finance C ommittee . Mr. Beardmore stated since I 've been on the Finance C ommittee we've taken the summer season to look at special projects ; we've go t half a dozen on the list of which we haven't mad e a lot of progress yet this summer and I don't think we'll accom plish all of them before I leave . B ut typically the summer is the first f iscal quarter of the year so J uly , August and September and then things start happening in October. A drop dead date of the end of September would be more than reasonable and more than generous ; p robably no interaction with the sc hool department du ring that period of time. T he one issue bearing down on all of us is debt financing of new buildings and the discussion around do we build a new elementary school and those kinds of things . B ut the mechanics of setting up a financial plan have very little to do with sc hool committee policy so I don't see any potential issues there . N o later than end of S eptember . Mr. Jeffreys had no questions but did have a comment . He stated t his is really our only opportuni ty other than voting to offer influence. We ’re an executive board but in many fashions the School C ommittee is as well, but I think that there's no doubt that the School C ommittee is on par ; I would consider them to be our sister bo ard in town to the Select B oard because more than half the budget goes to schools . S o there's a lot of money from the taxpayers that goes through the School C ommittee . A s a citizen I appreciate all the achievemen ts and all the areas of needed focus that you identified and I agree with them . I think that in t he dialogue between you and Ms. Archambault who I have a ton of respect for , I think that I probably side a little more with you. The C harter gives the School C ommittee a little bit more authority than it gives us in certain areas . S pecifically it does give a little more authority to school community, I wouldn't say over day to day by the Charter rules and regulations for the manager of the public school system and for conducting the business of the School Committee that's a pretty substantial charge . The Charter reads that the School C ommittee shall have the general charge and are superintendents of all school buildings and grounds. I would just ask current members rhetorically here how many times a year do you go into the buildings ? H ow many times are you are yo u looking through them and exercising that general superintendence or is that being outsourced or being delegated down ? I think that there's more work to do and it's one of those ===PAGE 7=== things that we all h ave a capacity concern, but the School C ommittee unlike any other board in town has a very specific charter- driven charge of actual responsibility over property and grounds . D irect general superintendents that's not being exercised in my view . It also has the adoption of the budget and my observation has been that the S uperintendent provides to the School C ommittee a qualified budget that she thoroughly exp lains and thoroughly details to the School C ommittee but that i t's not a collaborative process. It is a r eport and an explanation and often what seems to me to be an agreement . T here are some questions but it comes out that it's not a collaborative product and as a citizen I have an expectation that it is a collaborative product . I think that your viewpoint here is certainly aligned with mine . T here 's a value that you add to the School C ommittee . I appreciate the value that you add to the School C ommittee , you absolutely have my support . I agree with my colleagues that there is a conflict of interest . Y ou've heard tonight from the SC Chair that she reached out to the Ethics C ommissions ; we did the same thing. T here was a question from us of is this an ethical issue ? W e went back to the C harter ; we looked, the Town M anager looke d into this b ecause it does strike us as this is a committee that has a huge part of a budget and then there's a Finance C ommitt ee which has a big voice over this budget . As a C hair of a board you have to be shown a little bit of def erence here because a transition may not occur in only three meetings and you've been workin g on a product to get the Finance C ommittee to a point where you guys are trying to set new policies and new process. Y ou need to be given to afford a little bit more time to be able to complete that and so I am completely in agreement that you know end of the summer , end of September no difference. I would support you remaining and serving in both capacities with a commitment that you will resign. There's minimal opportunity for conflict; it is not budget season in September. I think it ’s important as Ms. Archambault mentioned that the school community represents the students and so when t he school committee gets going I think it's important to have a full board and to make sure that that you're a seated member . So I will support your nomination tonight with a commitment by the end of September.   Mr. Beardmore thanked Mr. Jeffreys for all his comments . He stated he did have a disclosure to mak e and this was the reason for his call to the Ethics C ommittee today just as I made a call when I was appo inted to the Finance Committee and if appointed make a public disclosure in accordance with the law . B ut it's important that the members of this joint committee hear it prior to voting . M y former spouse is an employee of the school district . The state of Massachusetts does not recognize former spouses as immediate family members and therefore the nature of that relationship for all intents an d purposes there is no conflict where a potential conflict exists . I had a lengthy conversation with the attorney of the day at the E thics C ommission today on this . W e have a financial arran gement to take care of our kids which is a formula driven arrangement that involves both of our incom es. As a result of that if appointed I will r ecuse myself from participating in co ntract negotiations with the L unenburg E ducation A ssociation (LEA) and on voting on salary related items pert aining to contracts with the LEA. S o that is the course of action that I'll take and I 'll put all of that in writing when the time comes . Mr. Sculimbrene to Mr. Jeffreys stated when you asked me in Dec ember about what I would do, one of the things you pointed out was superintendence of the building and the grounds . I don't know a lot about the inner workings of education as it is done tod ay and so in A pril we did a tour of the buildings . Unfortunately I was unable to attend but last week we went into the S uperintendent's office ; the building there , they walked us through the curriculum revamp . T hey walked us through data regarding testing and metrics they used to measure chi ldren so I want to report to you that we are doing that and as somebody that was really a novice it was an amazing ===PAGE 8=== thing t o watch all of this data that I only dreamed about on the back of baseball cards now being generated for kids and helping them . So I think that's somethin g that you'd asked us/me to do and and I 'm grateful that you did that because it's helped me educate myself about what it is to be running a school district and being the administration . Ms. Archambault stated say some of the things that you don't realize happen actually do happen . Y our feeling is they need to be communicated bette r but here's the dichotomy . A s Mr. Sculimbrene is talking about this very detailed data that's being done to drive an increase in achievement in the kids that has been worked on by our curriculum team . We were there for two hour s going over this very honed down data and I believe the comment was we don't need these long curriculum presentations ; the meetings are too long . So you see there's some of this and some of that so it can't all happen in the public eye because the meetings are too long . I 'm not anticipating you're joining the group to make our meeting shorter (the meeting broke out in laughter), so at the end of the evening I look forward to resp ectful discourse which is what I have always experienced from you in the meet ing setting but knowing on the School C ommittee it has to be in social media ; it has to be everywhere . I know you always have a good idea and we will listen as we always do but it's not a marketing thing , the kids . It's their education so you and I will go around on this quite a bit I have no doubt . Motion: T. Alonzo 2 nd : T. Dwyer To appoint Mr. Beardmore to the School Committee until the next election with the express commitment of Mr. Beardmore to resign from finance Committee no later than September 30 th Vote: Mr. Sculimbrene-aye, Mr. Lehtinen-aye, Ms. Archambault-aye, Mr. Dwyer-aye, Mr. Franco stated he could support Mr. Beardmore, but could not support the concept or be party to setting a precedent, but wanted him to have a mandate and would not stand in the way of unanimity so abstained; Mr. Alonzo-aye, Mr. Jeffreys-aye Mr. Beardmore thanked the boards. The School Committee adjourned at 8:02 p .m. Meeting with Town Counsel re: Purchase & Sale Agreement and License Agreement to purchase Streetlights Ms. Lemieux intro duced Attorney Elizabeth Lydon from Mead, Talerman & Costa who was participating in the negotiations with Unitil. Attorney Lydon reported she took over somewhat in the midd le of the process for purchasing the street lighting . The process is laid out in the statute and the first step was an informal request for pricing . T he company reached out with an informal quote and then the T own proceeded to issue a letter of intent to purchase the street lights and that's to satisfy the notice requirements laid out in the statute . T here was some confusion about the price because of the in formal quote that the T own received and the quote that was given after the Notice of Intent to move forward . She went back and forth with the company and discussed the tariffs which is how the price is laid out as approved by the D epart ment of Public U tilities (DPU) and they went over some details in the price as it was laid out which took some time . A fter that began reviewing the agreements that she has before you tonight and had three meetings with the company to discuss the terms and conditions of the agreement . O ne is the p urchase and sales agreement that lays out all the terms and conditions of the purchase . T he second agreeme nt is the license agreement that lays out the terms and conditions for having the street lights attached to the poles that will still belong to the company . ===PAGE 9=== T he first step is to execute the purchase and sale ; there's one outstanding issue remaining in there and it just dea ls with the insurance that the T own has . W e still have to have one more meeting with U nitil to discuss the insurance and whether or not there's an issue with that . T hen we'll have to lay out the details for the closing date and the final price should be what you see in front of you . H owever there is a period after it's signed and when the streetlights are actually purchased by the T own and that's because of the formula laid out in the statute . Unitil has to account for any replacements that are done , any street lights that break, or are replaced or any installation of new fixtures which there shouldn't be any between now and then . T here's also a depreciation factor and that could make the price go up or down depending on the n et unamortized investment and that's a way to say this price that you see before you could change after the agreement is signed . B ut that could be in the form of a check or a small amount of difference that will have to be paid and the license agreement remains in effect throughout our entire ownership of the street lighting . So the agreement in front of you is th e terms of having those fixtures on the poles . A nytime we do a replacement or upgrade we wil l have to notify the company , if there are any insp ections or if the fixtures have to be mov ed we have to get permission, and finally once we sign these two agreements the next step would be to do a closing which we sign the bill of sale that's included as an attachment to the purc hasing sales agreement. The cost listed in the agreement is $89,834.96. Also in looking at that price and going through the exhibi ts that they sent me that break down of costs, I did reach out to the general counsel of the DPU to confirm that all of the costs laid out there are as stated in the tariffs . S o this is a formulaic price , it's not something that really is negotiable ; it's appr oved by the DPU in a formula . Mr. Dwyer asked how this price compares to the ori ginal quote. Ms. Lydon stated the original estimate was $87,646.84 and that was the informal proposal that we receiv ed before the notice to proceed . Mr. Alonzo asked are we paying for the licensing fees year after year or just an acceptance of an ongoing license that we have permission to ha v e this equipment on their poles. Ms. Lydon stated the license is our permission to attach the streetligh ts to the pole s . T he only costs associated with that would be for moving the facilities upon request or if it's our own doing which I was assured that would happen very infre quently because everything else that's attached to the poles is in a different location on the pole . Mr. Jeffreys thanked her for coming in this evening and asked when she thought t he Town would be closing . Ms. Lydon stated we're hoping to have an agreement for you to sign in the next couple weeks and in that agreement it will state the closing date. Interview for Appointment to Agricultural Commissio n-term to expire June 30, 2020. Jennifer Duffy, 684 Flat Hill Road , presented for the request to be appointed. Mr. Jeffreys was contacted by the Chair of the Agri cultural Commission who endorsed the appointment. Ms. Duffy stated I 'm here to s upport the agricultural and keeping up of gardening and livestock and all those good things in the town which is why I moved here almost two years ago. I am interested in mainta ining that culture in this town. Mr. Dwyer and Mr. Franco thanked her for coming forward . Mr. Franco asked her what type of engineering degree she held. She replied chemical engineering and she works in the biotech field. She has tw o horses and chickens which she sell s their eggs to a small number of people . The term date was incorrect on the agenda so it will need to be clarified at a later time. Motion: T. Dwyer 2 nd : T. Alonzo ===PAGE 10=== To appoint Jennifer Duffy to the Agricultural Commission with a term to expire June 30, 2023 Vote: All in Favor TOWN MANAGER REPORT Announcement on Existing Vacancies The following is a list of current vacancies on the following committees:  Green C ommunities Committee ( 2 Associate vacancies)  Finance Committee (1 vacancy)  Historical C o m m issio n (1 vacancy)  Zoning Board of Appeals ( 1 associate vacancy) Interested persons can find application forms on t h e T o w n W e b site a n d c o m p le te d forms can be sent t o t h e S elect Board's Offi ce. Anyone t h a t h a s a n y questions on volunteer opportunities can contact t h e S elect Board's Offi c e a t (978) 582-4130 x 144. Current Employment Opportunities with the Town: The following is a list of current employment opportunities with the Town:  Conservation Administration Assistant (Part-time Non-Benefitted)  Library Assistant (Part-Time Non-Benefitted)  3 Heavy Equipment Operators (Full -T im e Benefitted)  Facilities Director (Full-Time Benefitted)  Meal Site Manager (Part-Time Non-Benefitted )  Paramedic (Full-time Benefitted)  Production T ech n ician ( P a r t - T im e Benefitted Position)  Van Driver ( P a r t -T im e Non-Benefitted)  Videographers (Part- Time Non-Benefitted)  Police Officer (Full-time Benefitted) More information on each position can be found on t h e job postings, which a r e located on t h e t o w n website. 925 Mass Ave (old Gas Station) TM Goal #1 I met with the Brownfields Coordinator from the U.S. Environmental Protection Agency regarding our proposed assessment work yesterday. Due to some questions that came up at this meeting about access and site control, I contacted our Tax Title Attorney and he relayed that the Final Foreclosure Judgement that was issued by the Court on July 6th was recorded at the Registry yesterday, this is the deed to the property and officially transfers the ownership of the property to the Town, so we can go ahead and do the work through the EPA without any further communication with the previous owner. Personal property items such as the pop-up shelter and contents inside the building do not transfer to the Town, only the land and building, so I will work with the owner of the personal property items to clear those out in the near future. I h a v e also contacted our insurance company a b o u t this parcel, a s w e will now n e e d t o carry a s p e c ia l p o lic y on this property until it is d is p o s e d of. Extension of Remote Meeting Participation for Public Meetings The legislature voted on Thursday, July 1 4 t h t o pass a b ill t h a t w a s a s im p le extension of allowing remote m e e tin g participation for public meetings until March 31, 2023. As t h e Governor w a s out of s t a t e this past weekend, t h e Lieutenant Governor ( a s Acting Governor) signed t h e b ill a n d it went into e ffe c t ===PAGE 11=== im m e d ia te ly . The provisions of this b ill follow t h e same g u id e lin e s t h a t h a v e b e e n in place s in c e t h e COVID public health e m e rg e n c y w a s first declared. Boards, C o m m is s io n s , a n d Committees can continue t o hold fully remote or hybrid meetings w i t h o u t t h e in-person quorum requirement until March 31, 2023. Flat Hill Road Culvert Project As t h e B o a r d is a w a r e , w e h a d submitted a S m a ll Bridge P r o g r a m application t o MassDOT in March 2022 t o supplement t h e funding for t h e Flat H ill R o a d Culvert project. This past Thursday w e receiv ed notification t h a t w e were awarded t h e maximum g r a n t amount of $500,000. MassDOT h a s indicated t h e Notice t o Proceed on this a w a r d would be issu e d by S e p te m b e r 1st so in t h e meantime w e h a v e notified our e n g in e e r of t h e a w a r d a n d t h e DPW Director . T h e e n g in e e r h a s already begun a sse m b lin g t h e documents w e n e e d t o submit t o M assD O T . Due t o timing of t h e a w a r d , w e will make sure all t h e easements a r e in place, coordinate with t h e utility, a n d t h e e n g in e e r will p u t together t h e bid package for advertisement. The bid is sc h e d u le d t o be advertised in J a n u a r y 2023, awarded in March 2023 a n d t h e project c o m p le te d by D ecem b er 2023. FY23 State Budget The FY 2023 s t a t e budget from t h e Conference Committee w a s re le a se d this past Sunday a n d w a s approved by t h e House a n d Senate yesterday. DLS h a s issu e d t h e updated cherry sh e e t estimates a n d t h e f i n a l cherry sh e e t figures a r e a n overall increase of $54,417 from w h a t w a s included a s estimates a t t h e A n n u a l T o w n Meeting. Financial Management Letter Comment on Fraud Risk Assessment T o follow-up on t h e m e e tin g with our auditors regarding t h e one remaining c o m m e n t in our management le tte r, I re c e iv e d a n updated quote t o perform a F r a u d Risk A s s e s s m e n t. Based on t h e amount, w e will be able t o do this w o r k this fiscal year. Due t o t h e amount of reward credits w e re c e iv e t h r o u g h participation in various risk management programs t h r o u g h MIIA, w e h a v e suffi c ie n t f u n d s t h a t can be used t o p a y for this assessment. Meetings, Events and Other Announcements  The Lunenburg Farmers Market will be every Sund ay until Sunday, September 25 th and the Historical Society is open during the Farmers Market hours.  The Band Concerts will be on the following dates: July 25th , A ugust 1st, August 8th and August 15th. Band concerts will once again be held on the lawn in front of the TC Passios Building. Mr. Alonzo thanked Town Manage r and her team for all the work on the Flat Hill Road culvert project ; applying for the grant and getting awarded the full amount. He also thanked the State delegation for putting in a good word at the s tate house . He also wanted to comment on the fraud risk assessment recommendation on the financial management letter . The fraud risk asses sment addresses the one remaining item in the financial management letter which is a kudos to the fiscal manageme nt of the T own , led by the Town M a nager and the Finance Director Karen Brochu. I want to publ icly thank both of them , these are excellent reports . Mr. Jeffreys concur red. He asked for clarification on what the grant goes towards because there's two p rojects going on at Flat Hill Road, one is the bridge and then one closer to the orchard . Ms. Lemieux stated it is for the bridge. ===PAGE 12=== CURRENT BUSINESS 1. Discussion on 300 th Anniversary Committee Charge It was suggested to review the sample charges provided from other towns provided by the Executive Assistant and come back with suggestions for a charge when a full board is present. 2. Approve M inutes of May 24 and June 7, 2022 Motion: T. Dwyer 2 nd : L. Franco To approve the minutes of May 27 and June 7, 2022 as written Vote: All in Favor 3. Warrants : T he board signed an accounts payable warran t in the amount of $1,571,852.57; a payroll warrant in the amount of $728,704.54 and a payroll deduct ions warrant in the amount of $ 753,932.17. 4. Action Items -there were none Mr. Jeffreys reported we've been operating fo r the last couple of years with do the pandemic with suspension of open meeting law that was set to expire on the 15th and then over the weekend the Lt. G overnor was abl e to sign an extension until next year so boards and committees are able to continue meet remotely. I also contacted our state delegation I spoke with Senator Cronin and Rep. Kushmerek about our overwhelming opposition to the H ouse version of the bill that would have allowed this . There was support for the Senate version and that H ouse leadership was i n favor of the Senate version. It's good to hear that something was able to get through we can continue to meet remotely and I know many boards and committees have depended on this . It did affect the Municipal Building Design C ommittee . W e had to cancel a meeting last night due to a lack of quorum because we had an in-person meeting which was our first one in quite some time . We posted before they passed all this . Mr. Alonzo stated I do want to add a recomm endation for this board, I think I speak for the entire board ; when we heard what the H ouse version was and all the unfunded mandates and potential fines and we were all kind of aghast that people voted for that horrible legislation. I think it would be good if we could come up with what we think a revised remote meeting legislation would look like that would best suit what we've found. T he hybrid meetings are something that we started a little bit but now through th e pandemic we've done. We should as a board try to relay not what we don't like but maybe what we do like and take some positive action in relaying to our state delegation what we'd like to see in that proposal ; not necessarily that every meeting mandates that it has to have remote participation , but that it allows for it. O bviously different towns have different bud gets for their remote access whether it's through public access television or whether it's through zoom or whatever . These all cost money but we should be allowed to do them if we can do it, but not be mandated that each meeting has to have them. W e should put that as an agenda item before the next year deadline and get it in early so that our state delegation knows what we're looking for . Mr. Jeffreys will schedule it for a later agenda. Committee Reports : Mr. Franco reported Council on A ging had a meeting this morning but Ms. Sroka attended it and we can hear from her when she returns. It was noted that Finance Committee and Stormwater Task Force are holding meetings this Thursday. ===PAGE 13=== UPCOMING MEETING/EVENTS SCHEDULE Mr. Jeffreys stated their next meeting s are August 2, 9 , 16 and the 2 3. PUBLIC COMMENT Ms. Lemieux, adding on to Mr. Alonzo ’s statement about drafting a proposed language for regarding remote meetings stated we do annually have in our double delegation and they like to come in right before the session starts in order to get any budget priorities or anything like that you give them leeway to be prepared for the start of the session. So I think that would be good timing then as well , usually the end of January. Motion: L. Franco 2 nd : T. Alonzo T o enter into Executive Session and to adjourn after exiting Executive Session: Pursuant to MGL c. 30, Section 21, Paragraph 3, to discuss strategy with respect to collective bargaining if any open meeting may have a detrimental effect on the bargaining position of the public body and the Chair so declares. (Police Union) Vote: Mr. Dwyer-aye, Mr. Franco-aye, Mr. Alonzo-aye, Mr. Jeffreys-aye ***************EXECUTIVE SESSION MINUTES ARE SEPARATE**************** Th e meeting adjourned at 8:41 P .M. Respectfully submitted, Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2022-08-02-agenda-5294.txt BOARD : select-board DATE : 2022-08-02 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2022-08-02-agenda-5294.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08022022-5294 ======================================================================================== ===PAGE 1=== SELECT BOARD Tuesday, August 2, 2022 7:00 PM AGENDA Bilotta Meeting Room, Town Hall In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast live over the Lunenburg Public Access channel, on FacebookLive on the Public Access Facebook page (https://www.facebook.com/Lunenburg-Public-Access-Cable-157427270975305/) and will be uploaded to the LunenburgAccess YouTube after the meeting. The following information is also provided for members of the public that would like to participate in the meeting remotely: To Participate Remotely: From a computer, please use the link below to join the public meeting webinar: https://zoom.us/j/9091740347 or from a telephone, dial the toll free number (888) 475-4499 and enter Webinar ID: 909-174- 0347 # If you have not registered with Zoom you will be asked for your name and an e-mail address. Note: No participant ID is needed, just press # when asked. Telephone users may dial *9 to request to speak af ter joining the meeting. Computer and app users may use the “raise hand” feature to request to speak. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Vote s may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. 7:00 PM CALL TO ORDER AND PLEDGE OF ALLEGIANCE I. PUBLIC COMMENT***  BOARD  PUBLIC II. ANNOUNCEMENTS III. COMMUNICATIONS FROM OTHER BOARDS IV. APPOINTMENTS 7:10 PM Meeting with Park Commission regarding Marshall Park Masterplan 8:00 PM Update from the Conservation Commission Chair on Conservation properties V. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Ratification of the Town Manager’s Appointment of Conservation Commission Administrative Assistant Rebecca Manley VI. TOWN MANAGER REPORT VII. OLD BUSINESS 1. Vote to Sign Purchase & Sales Agreement and License Agreement with Unitil for Streetlights Purchase 2. Status Update on Town Manager and Select Board Goals VIII. CURRENT BUSINESS 1. Sign End of Year Transfer Form for FY22 totaling $2,190.28 2. Approval of Minutes of June 14, 2022 3. Warrants/Action Items 4. Committee Reports IX. UPCOMING MEETING/EVENTS SCHEDULE August 9th, August 16th (Workshop), August 23rd (Workshop) ===PAGE 2=== X. PUBLIC COMMENT***  PUBLIC  TOWN MANAGER  BOARD XI. EXECUTIVE SESSION: Motion to enter into Executive Session and to adjourn after exiting Executive Session: Pursuant to M.G.L. c. 30, Section 21, Paragraph 3, to discuss strategy with respect to litigation, where an open meeting may have a detrimental effect on the government’s litigating position and the Chair so declares, namely ATB Case FY21 Docket No. 342747, Town of Lunenburg v. Alleva, Central Housing Court Docket No. 16H85CV00812, and approval of Executive Session meeting minutes related to these cases. XII. ADJOURN *** Per Policy, Public comment is limited to 15 minutes, with no more than 3 minutes per speaker except at the discretion of the Chairperson. ======================================================================================== DOCUMENT : 2022-08-02-minutes-5294.txt BOARD : select-board DATE : 2022-08-02 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2022-08-02-minutes-5294.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08022022-5294 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Counsel Park Commissioners present: Karin Menard, Ana Lockwood, Chris Sullivan, Patrick Hakey Chairman Jeffreys called the meeting to order at 7:00 p.m. He asked everyone to stand for the Pledge of Allegiance. He announced in accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast live over the Lunenburg public access channel, on Facebook Live and it will be uploaded to the Lunenburg public access YouTube channel within 24 hours after the meeting. The agenda lists all the topics which may be discussed at this 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 the Open Meeting Law. PUBLIC COMMENT Mr. Alonzo wished his best to the Comeau family following the horrific dog incident that occurred at the ACO kennel yesterday. He wished Wayne Comeau the best in his recovery. Mr. Jeffreys echoed that and sent warm wishes and prayers during this time noting that they have been dedicated public servants for decades. Dave MacDonald, 155 Island Road, stated that Townsend Harbor Road and in front of Town Hall has not had the lines painted yet. Mike Clark, 275 Cross Road, Chair of the Republican Town Committee, stated they were looking to keep good visibility and their presence in town going in a positive format in the upcoming election cycle. Part of their activity is to participate in signature drives to get candidates on the ballot. Mr. Clark noted Secretary of State Bill Galvin sent out a letter to some of the box stores and supermarkets to let them know that citizens have rights to hold these signature drives and nobody has a right to interfere with this. He cited an incident in town where someone showed up and was interfering with the drive. She was asked to move on eventually. He hoped the Select Board and Police would embrace this civil right. Karen Chow, 53 Chestnut Street, inquired about how to get a 25 MPH speed limit sign placed on Chestnut Street. Ms. Lemieux will forward this request to the Police Chief. Kristen Tuttle, 25 Chestnut Street, supported the request as her stone wall has been hit twice this year. ANNOUNCEMENTS Mr. Jeffreys announced there is composition notebook drive to support the elementary and primary schools. If you would like to donate, please drop them off at the Lunenburg Boys and Girls Club or the public library. ===PAGE 2=== •Open main lot with no designated lines or ADA compliant handicap spots • Unusable areas due to years of neglect: fitness circuit, basketball court, remaining skate Tamp Why Marshall Park? •Central location ideal for multigenerational use. Located near Senior Center, Teen Center, Library, Middle/ High School, Turkey Hill Elementary, Town Offices and town center. • Large footprint provides the opportunity to enhance the quality of existing baseball and softball facilities while adding high demand uses: dog park, skate park, walking trails, pickle ball basketball, picnic areas, updated playground and bathroom facilities. •Parks contribute to the health and wellness of a community and the location and condition of Marshall Park makes this a prime target. • Park Commission has prioritized updating and proper maintenance of the current parks before developing new parks. How We Got Here • May 2021 - Town Meeting approval of Capital Plan that included $50k for Marshall Park Master Plan (expended to date: $36,622.84) •November 2021 - Interviewed 4 Landscape Architects and Wright Ostermier Landscape Architects (WOLA) was awarded the contract and began working with the commission. • January 2022-April 2022 - Through a series of public meetings WOLA collected Parks Commission and community feedback and used survey results to present two designs. • April 2021 - WOLA presented Park Commissions preferred design choice Community Engagement. Initial Survey: July 2021-433 responses Feedback Survey: January 2022 - 121 responses Community Meetings with WOLA: • January 2022 - 48 attendees • March 2022 - 30 attendees She stated the commissioners are excited that people are involved and are hoping they will stay involved. Skate Park** Lunenburg Skate Park is working to build an 8,000 square foot skate park at the location shown. ===PAGE 3=== MASSACHUSETTS-AVE • The Skate Park group just completed a site engineering and geotechnical report. Next steps are to determine final design and budget. Their target build date is currently spring 2023. Park Commission will continue working with them to make their hard work a reality. **Lunenburg Skate Park is a 501(c) (3) organization independently fundraising and planning the skate park. New Features • Improved Parking on Chestnut Street -around 38 parking spots to resolve long term parking issues • 94 parking spots on the Massachusetts Ave. side including handicapped accessible spots • Pedestrian access from Mass. Ave, allowing safe entry • Basketball court and three pickle ball courts • Pavilion area for concessions and shelter • Permanent Restrooms • Accessible playground • New 90 foot diamond with 325' foul poles, eliminating netting behind home plate • New softball field • Walking Paths totally a mile-8 foot ADA compliant • Dog Park • Connection of main park area to Marshall Pond • Marshall Pond parking area, picnic area and pond overlook ===PAGE 4=== Ms. Lockwood stated they are seeking the Select Board's support. Our goal now is to figure out how to fund the next phase. Mr. Jeffreys thanked the commissioners for the presentation. He asked for feedback on the process. Mark Diamond, 47 Highland Street, stated his property abuts the pond and park and wanted to confirm the pond is beautiful, but unusable in warm weather due to the lily pads. People use it in the winter for hockey. It would be nice to see more people use it. Greg Roy, 105 Chestnut Street, appreciated all the work the Parks Commissioners have done on this; it's exciting to think about the park being revitalized. Dave MacDonald, 155 Island Road, offered any help he and his wife could offer, as he totally supports the project. Diane Haglestein, 64 Chestnut Street, was in favor of the project as it would get the parking off the side of the street. Karen Chow thanked the commission for their work and inquired about funding sources. Will it be funded by grants, a fundraiser or taxes? Ms. Menard stated she anticipated applying for grant funding but sometimes they require a matching amount of funding. When asked for numbers, she responded the amount spent to date is $36,000 and the next phase is $160,000. Ms. Lockwood stated she had gotten a ballpark figure of $150,000 to $200,000 for the engineering phase. WOLA had given us a total estimate of around $5 million for the project. Ms. Lockwood stated by phasing the project the costs would be more manageable. Ms. Sroka stated this looks like an exciting project. She asked for an estimate of how long it would take with the phasing of the project. Ms. Menard stated it would depend on the funding. Mr. Sullivan added it would depend on the time of year as they want to keep the fields in use during the spring and summer. Mr. Dwyer asked about the lighting in the park. Ms. Menard stated they would discuss the lighting in the schematic design phase. Mi: Franco asked about the removal of the lily pads and conservation implications. Ms. Menard stated she has asked the DPW Director to look into this along with the Conservation Commission. Mr. Alonzo commended the Parks Commission for their work on Marshall Park. He fully supported their next steps; he liked the vision and the plan including the revitalization of the pond. This is a project that is long overdue. Mr. Jeffreys asked about the 97 parking spaces, how many of these are additional to what is there? Ms. Lockwood stated around 60 are there currently. When asked if they had a policy for naming items in the park things after people, Ms. Menard noted some of the items there have previously been named but they would be coming up with a ===PAGE 5=== Mr. Alonzo stated if this project as depicted has those additional parking spots, the town could be more aggressive in approaching no parking on either side of the Chestnut Street. It is hard to do that now with no alternative. Ms. Lemieux reiterated gratitude for all the work the commissioners have done. Outreach has been a focus and that is commendable. Thank you for all your work. Motion: T. Dwyer 2"'I: H. Sroka To support the master plan as presented by the Park Commissioners Vote: All in Favor The Park Commissioner adjourned their meeting at 8:08 pm. Update from the Conservation Commission Chair on Conservation properties Mr. Pease noted this was an update for the Cowdry Conservation area only. In the fall of 2020 during a review of aerial photography on the Assessor's GIS website, it was noticed the driveway and other materials pertinent to 192 Townsend Harbor Road appeared to be on the Cowdry Conservation land. In October of 2020, Town counsel sent the trespass request to file Notice of Intent for restoration letter to the residents at that address. The resident's response indicated they were unwilling to comply so Town counsel recommended that a survey be done to identify where the boundary was and what materials were on or not on conservation land. The Select Board approved funding the survey and it cost eight thousand dollars. During the authorizing discussions Mr. Jeffreys had suggested the commission pursue all encroachments on conservation lands and not single out the 192 Townsend Harbor Road residents. The survey of the Cowdry boundary from Mulpus Brook to the southeast corner of Woodland Drive was completed in December of 2021. The survey identified five properties with encroachments: 192 Townsend Harbor Road, 14 Townsend Harbor to 40 Townsend Harbor, 104 Woodland Drive and 116 Woodland Drive. Aerial photography on the Assessor's website was used to inspect all the conservation lands for possible encroachments. Sixteen other possible encroachments by abutters on the conservation lands have been identified. At the suggestion of Town counsel, the commission will deal with these in the future serially in groups of approximately five after the current five encroachment cases have been concluded. In March of 2022 Town counsel sent an initial notice of encroachment or trespass letter to the four newly identified properties and a second more stern further notice of encroachment or trespass to 192 Townsend Harbor Road, all with a 60-day response timeline. Within the 60 days, 214 and 240 Townsend Harbor sent letters to the Town that they would remove the encroachments. Both have sent subsequent letters indicating they have completed the removal. 192 Townsend Harbor Road approached the commission and indicated interest in removing the encroachments. Subsequently the residents have removed the movable items and they filed a Request for Determination containing a plan to remove the wall; there was a paved driveway and a lamppost that had been installed on Cowdry conservation land. ===PAGE 6=== The initial notice of trespass to 116 Woodland Drive was inadvertently sent to an incorrect address that was supplied to Town counsel, so he sent the same letter properly addressed and it was received and signed for by the residents there. I asked Town counsel to send a further notice of encroachment or trespass letter similar to the one that was sent to 192 with a 30-day response time. I'm not quite sure when that letter was sent but if that letter is also ignored then Mr. Jeffreys thanked Mr. Pease for the update and Ms. Wilson for the fresh eyes. Mr. Alonzo also thanked him for the thorough report of where we stand and was glad there was progress. Mr. Pease stated he needed to speak with Town counsel again and would not return to the board for another couple of months. COMMUNICATIONS FROM OTHER BOARD Mr. Jeffreys reported the Library Trustees have been in communication with us and Town Manager and myself as the liaison for the library with regards to the status of the legislation to authorize the use of their trust funds to be utilized in different investment mechanisms. I've been in contact regularly with Mike Kushmerek and Senator Cronin about this. As of three weeks ago the update was that it was through the House and up for its final reading in the Senate. Ms. Lemieux reported last week she had reached out and it had gone to a third final reading and it's with Senate counsel. That's the last step before because they review all the language but they usually contact us at that point to make sure there's no discrepancies before it gets signed off by the Governor. She explained to the Library Trustees Chair that this is taking a very long time, but it's actually a typical length of time for special legislation to go through. Mr. Jeffreys reported the Finance Committee has requested help from Town counsel with putting together a proposed bylaw change that would ensure town meeting voters can amend the Capital Plan by individual items and monetary appropriation. Ms. Lemieux reported this request was addressed to me but I am asking the board to weigh in because Town counsel works for the board and there wasn't a clear consensus on this going into town meeting about the bylaws. Mr. Jeffreys was opposed to a bylaw because he did not think it was in the best interest to engage in on-the-floor modifications to the Capital Plan. There is a lengthy process prior to town meeting for input from members of the public over what ultimately gets into the Capital Plan. There's discussion at Select Board meetings for there to be engagement with the Capital Plan and while I am in favor of members of the public submitting bylaw changes as well as committees, I'm not in favor of using utilizing Town counsel for that purpose. Ms. Sroka having sat on the Capital Planning Committee, stated that takes away all of the work that people on the committee do for months. You put things in order, you vet everything; I get the concept because that you might want to pull one thing out, but no, we already have really long meetings. ===PAGE 7=== counsel's retainer. Mr. Alonzo wanted Town Counsel to review it, but from the request as read they sound like they want to give him notes and have him just write something up. They should at least make a concerted effort to come up with what they want and come up with some framework language that Town counsel can work with. Like Chairman Jeffreys, I would fight vehemently against such a bylaw because of what has already been said. As a sitting member of the Capital Planning Committee and echoing Select Board member Sroka's past membership, it undermines.. Why would there be a Capital Planning Committee if you wanted that? Then dissolve the capital planning committee and put 37 articles in a row up for everything off of the capital plan and make everybody wade through a vote one by one on one on every one of them, which is what used to happen before the committee was formed. We're trying to consolidate and streamline town meeting at the request of voters who say it's too long. Mr. Jeffreys to Town Manager stated the guidance from the board is clear, the Finance Committee is authorized to utilize resources of Town counsel with the understanding that they come with a proposal for Town counsel to revise and work with them. Mr. Franco asked could there be like a consent calendar could there be a consent capital plan where the entire capital plan is put forth but then people could remove articles from it? Mr. Alonzo stated that is what they are asking. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Ratification of the Town Manager's Appointment of Conservation Commission Administrative Assistant Rebecca Manley Ms. Lemieux asked the board to ratify this appointment. This is for a new position that's part of the FY 23 budget. It's for an administrative assistant for the conservation administrator and Rebecca Manley is the chosen candidate. We had eighty applications and chose the top seven; four accepted interviews. Rebecca stood out as the top choice, she has her Bachelor's in Geography and is finishing up her Master's in Management and has prior experience with working for a municipality and doing GIS work. Motion: L. Franco To ratity the Town Manager appointment of Rebecca Manley as Conservation Administrative Assistant 2nd: T. Alonzo Vote: All in Favor TOWN MANAGER REPORT Announcement on Existing Vacancies The following is a list of current vacancies on the following committees: • Green Communities Committee (2 Associate vacancies) • Finance Committee (1 vacancy) • Historical Commission (1 vacancy) ===PAGE 8=== • 3 Heavy Equipment Operators (Full-time Benetitted) • Facilities Director (Full-Time Benefitted) • Meal Site Manager (Part-Time Non-Benefitted) • Police Officer (Full-time Benefitted) • Production Technician (Part-Time Benefitted Position) Van Driver (Part-Time Non-Benefitted) Videographers (Part-Time Non-Benefitted) More information on each position can be found on the job postings, which are located on the town website. Department Head Updates Land Use: The Intersection Design Report and 10% design concepts plans that were required for the Lunenburg Central project are complete. The UMA Flowers site plan approval should be finalized by the next Planning Board meeting on August 22nd. UMA Flowers received their provisional license from the CCC in July. COA: The COADirectorreported that the COA staff and Policeand Firedepartments willbetrained on the new Elder Connect platform on August 2nd. The Council on Aging is looking at changing their logo to be more inclusive of the 50+ residents. Assessors: The Principal Assessorreported that Motor Vehicle excise bills will be going out shortly. Working with the TownManagerand the owners of265 Pleasant Street on PILOTto bring to the Select Board. Tomeet the cyclical inspection cycle, 1,500 parcels will need to be done by next July Ist. DPW: The DP W Director reported they have been busy with a number ofreports of dead trees and fixing potholes. The Public Safety Building is currently having AC issues on the Fire side of the building and working on a solution. The Director has been in contact with the Cemetery Commission and Town Counsel about the location of the remains of those related to the West Street Terrace Memorial but the remainsare on private property (Town Counsel isreviewing recommendations). The Director attended the Park Commission meeting regarding the installation of a septic system at Marshall Park. Police: The Police Chief reported there have been 2,200 calls for service in the last 4 weeks and 27 arrests. The accreditation process is complete and they should hear by August and receive their accreditation by March 2023. There are currently 2 reserve officers that will need to go to the Bridge Academy but the State is reimbursing towns the cost of the academy. The Chief received the final cost for a Co-response Mental Health Clinician and related costs that would be shared with the Town of Lancaster. This will be submitted as a request for ARPA funds. Fire: The new position for FY23 has been filled (Jenny Smith) but she will need to attend Paramedic School. Finance Director: Working on finalizing the closeout of FY22. ===PAGE 9=== well as repairing or replacing the existing storm windows. This would also require the complete specification package submitted by our architect to be changed as well. I'm looking for guidance from the Board on whether we want to resubmit a new CTA without the windows or appeal to Town Meeting. Discussion ensued on the APDC ruling. One suggestion was to discuss further with the APDC and another was to remove the window replacement and go forward with the remaining approved items in the application and resubmit the windows separately. This will be discussed in detail next meeting. Green Communities Competitive Grant Award This past Friday I received notification that we were awarded the full request of $187,140 based on the Competitive Grant application that I submitted in April 2022. The breakdown of the award is $172,140 for the LED Streetlight conversion project, $5,000 towards the purchase of a hybrid police cruiser, and $10,000 for administrative assistance. Flat Hill Road Drainage Study Weare moving forward with the original scope of work proposal from McCarty Engineering for the Flat Hill Road drainage study project. Initially the DPW Director, Land Use Director, and I did not think it fully captured the Town's intent, after the DPW Director discussed this with Brian Marchetti, this scope will identify what our options are once this portion is complete and that cannot be identified in this proposal until this portion is complete. Under this scope, McCarty will collect and review all the available record plans and storm water calculations for the Village at the Flat Hill subdivision and compare its compliance with current day storm water regulations. The final work product will be to provide recommendations on minimizing and improving the flooding condition that has been occurring on the abutting properties on Flat Hill Road. Meetings, Events and Other Announcements • The Lunenburg Farmers Market will be every Sunday until Sunday, September 25' and the Historical Society is open during the Farmers Market hours. • The Band Concerts will be on the following dates: August 8th and August 15th. Band concerts will once again be held on the lawn in front of the TC Passios Building. OLD BUSINESS Vote to Sign Purchase & Sales Agreement and License Agreement with Unitil for Streetlights Purchase This will be tabled until the next meeting as the final draft from Unitil has not been received. ===PAGE 10=== pavement management plan is we've secured a vendor to do that by this fall, and T'l be doing a lot of the capital planning work soon because we're having our first capital planning committee meeting this Wednesday. My third goal for the recruitment recognition retention; I've talked to a couple area towns about a regional approach to recruitment and they were fully supportive of that as well. The Assistant Town Manager has already come up with a preliminary design for a job posting that's a little flashier. CURRENT BUSINESS 1. Sign End of Year Transfer Form for FY22 totaling $2,190.28 Mr. Jeffreys reported the requested year-end adjustments transfers were to; • Conservation Commission $1,150.00 for Conservation Administrator Payroll • Conservation Commission $581.42 for Conservation Administrator Payroll • Inspector of Weights & Measures $436.88 for supplies • Board of Health $21.98 for BOH Admin. Asst. Payroll Motion: T. Alonzo 2™:T. Dwyer To recommend the board sign the end of the year transfer form for FY22 totaling $2,190.28 as presented in the document by the Town Manager Vote: All in Favor 2. Approve Minutes of June 14, 2022 Motion: T. Alonzo To approve the minutes of June 14, 2022 as written 2": T. Dwyer 3. Warrants: Vote: 4 in favor, 1 abstention (Franco) The board signed an accounts payable warrant in the amount of $603,935.78; a payroll warrant in the amount of $742,833.78; a payroll deductions warrant in the amount of $26,822.22 and a payroll void warrant in the amount of -$1,230. 4. Action Items Mr. Alonzo reiterated the previous comment about the line painting on the roads. Townsend Harbor Road is a very dangerous road at night. Ms. Lemieux stated the DPW Director is working with the contractor and scheduling line painting for not only the newly paved roads, but also the handicapped placard for the front of this building. Committee Reports: Ms. Sroka reported the Council on Aging met on the 19 and are working on new member packets. They are also working on a vision for FY23. In our review of Town Manager they thought the senior tax write-off was unfinished business and they did not like that. Mr. Alonzo stated there's a senior tax write off that's been in place for years; that's totally different. We're ===PAGE 11=== boulders were removed from the right of way on Memorial Drive but they think all of them should be removed. Ms. Lemieux noted the other rocks are not in the right of way. Ms. Sroka, regarding the Elder Affairs Formula grant, stated the funds information is not available yet. Ms. Doherty had stated she doesn't have the budget yet and the Personnel Committee's new pay schedule affected her budget a little bit with a new hire. Ms. Doherty is hoping to get the formula grant money information by the end of the summer. The Eagle House Supporters are working on a fundraiser with the Epilepsy Foundation, but they haven't approved it yet. Discussion ensued about a previous SB meeting regarding an appointment to the APDC that already had another household member serving on it. Allegedly Mr. Jeffreys stated the COA is an unimportant board. Mr. Jeffreys stated I have drawn distinctions between regulatory boards in which their decisions are requests from residents that require decisions that can be appealed to court and cost of town money, and boards that are non-regulatory advisory boards or boards like the COA which are committed to public good. Those boards are different and I have made several statements that I don't have a conflict on an advisory board or boards of that nature, but when it comes to regulatory boards, I do have very strong opinions that it's really important to have the appearance of fairness. To whomever who may have felt hurt by me saying that, I sincerely apologize, it was definitely not my intent and does not represent my actions or beliefs. Mr. Franco remembered that conversation; the line that you drew between regulatory and non-regulatory was not the only rationale on which the decision was made that we couldn't put two people from the same household on APDC. But we allowed it on COA, the other rationale was that those appointments on the COA were already in place. We drew a line of distinction between appointment and reappointment and not wanting to undo the work or opinion of a prior board. Mr. Dwyer reported the Storm Water Task Force meeting had to be rescheduled due to an agenda posting issue, so has been rescheduled for the August 4 at 7:00 PM. Mr. Franco reported Economic Development met last Thursday and discussed the business survey. They have been getting responses back but not as many as they would like, so they are pushing that out and trying to get the word out. In September we will have a visit from the Lunenburg Business Association. Mr. Alonzo reported the Finance Committee met and reorganized. Evan Watters is the new Chair and Chris Menard is the Vice Chair. There was discussion about the capital planning bylaw. Mr. Jeffreys reported the Lunenburg Municipal Building Design Committee met and welcomed new member Tom Gray from the Finance Committee. We hadn't met for a couple of months so the meeting was an overview of where we are. We will meet again on August 29th UPCOMING MEETING/EVENTS SCHEDULE Mr. Jeffreys stated this board's next meetings are August 9, 16 and 23. He invited Ginny Albertson to attend the meeting on the 16'" to speak about pollinator habitats around Lunenburg. ===PAGE 12=== position and the Chair so declares, namely ATB Case FY21 Docket No. 342747, Town of Lunenburg v. Alleva, Central Housing Court Docket No. 16H85C V00812, and approval of Executive Session meeting minutes related to these cases. Ms. Sroka-aye, Mr. Dwyer-aye, Mr. Franco-aye, Mr. Alonzo-aye, Mr. Jeffreys-aye ***************EXECUTIVE SESSION MINUTES ARE SEPARATE**************** The meeting adjourned at 9:13 P.M. Respectfully submitted, ElaineM. Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2022-08-09-agenda-5295.txt BOARD : select-board DATE : 2022-08-09 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2022-08-09-agenda-5295.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08092022-5295 ======================================================================================== ===PAGE 1=== SELECT BOARD Tuesday, August 9, 2022 7:00 PM AGENDA Bilotta Meeting Room, Town Hall In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast live over the Lunenburg Public Access channel, on FacebookLive on the Public Access Facebook page (https://www.facebook.com/Lunenburg-Public-Access-Cable-157427270975305/) and will be uploaded to the LunenburgAccess YouTube after the meeting. The following information is also provided for members of the public that would like to participate in the meeting remotely: To Participate Remotely: From a computer, please use the link below to join the public meeting webinar: https://zoom.us/j/9091740347 or from a telephone, dial the toll free number (888) 475-4499 and enter Webinar ID: 909-174- 0347 # If you have not registered with Zoom you will be asked for your name and an e-mail address. Note: No participant ID is needed, just press # when asked. Telephone users may dial *9 to request to speak af ter joining the meeting. Computer and app users may use the “raise hand” feature to request to speak. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Vote s may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. 7:00 PM CALL TO ORDER AND PLEDGE OF ALLEGIANCE I. PUBLIC COMMENT***  BOARD  PUBLIC II. ANNOUNCEMENTS III. COMMUNICATIONS FROM OTHER BOARDS IV. APPOINTMENTS 7:10 PM Request for Bicycles Battling Cancer Ride/American Cancer Society September 24th –Mark Walters 7:15 PM Meeting with Building Commissioner on Renewal of Earth Removal Permits V. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Select Board Appointment of Election Officers: (terms to begin September 1 through August 31, 2023) Warden-Glen Reinhardt (R), Deputy Warden-Anne Shattuck (R), Clerk-Darlene Steele (D), Clerk-Judy Haley (D), Inspector-Susan Andrews (D), Deputy Inspector- Joanne Bergeron (D), Inspector-Jane Ranley (R), Deputy inspector- Lorraine Rudd (R) Town Manager Appointment of Town Clockwinder - John Lynch, 453 Page Street- term to expire June 30, 2023 VI. TOWN MANAGER REPORT VII. OLD BUSINESS 1. Discussion of 300th Anniversary Committee Charge 2. Vote to Sign Purchase & Sale Agreement and License Agreement with Unitil for Streetlights Purchase VIII. CURRENT BUSINESS 1. Vote on Finance Committee Request to Use Town Counsel to assist drafting proposed bylaw regarding amending the capital plan at town meetings ===PAGE 2=== 2. Vote on Special town Meeting Date (November 15, 2022 at 7 PM) and Opening/Closing Dates for Warrant (August 23rd/September 20th at 5 PM) 3. Letter from Board of Registrars re: Required Action by Board related to the Votes Act 4. Discussion on next steps in response to APDC denial of Ritter Building Certificate to Alter 5. FY23 1st Quarter Water Commitment $12,061.73 6. Approval of Minutes of June 21, 2022 7. Warrants/Action Items 8. Committee Reports IX. UPCOMING MEETING/EVENTS SCHEDULE August 16th (Workshop), August 23rd X. PUBLIC COMMENT***  PUBLIC  TOWN MANAGER  BOARD XI. ADJOURN *** Per Policy, Public comment is limited to 15 minutes, with no more than 3 minutes per speaker except at the discretion of the Chairperson. ======================================================================================== DOCUMENT : 2022-08-09-minutes-5295.txt BOARD : select-board DATE : 2022-08-09 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2022-08-09-minutes-5295.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08092022-5295 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Member not present: Michael-kay Jeffreys, Chairman Also Present: Heather Lemieux, Town Manager; Robert Robertson, P J Keating via ZOOM; Dan Proctor Chairman Alonzo called the meeting to order at 7:00 p.m. He asked everyone to stand for the Pledge of Allegiance. He announced in accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast live over the Lunenburg public access channel, on Facebook Live and it will be uploaded to the Lunenburg public access YouTube channel within 24 hours after the meeting. He provided information to the public on how to participate remotely via ZOOM. The agenda lists all the topics which may be discussed at this 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 the Open Meeting Law. PUBLIC COMMENT Ms. Sroka, in regards to Republican Town Committee Chair Mike Clark's public comment on August 2nd , noted they reached out to her after the meeting and said that all of the Republican signs on Highland Street were taken down after he had spoken. They had notified the Police Department. Mr. Alonzo stated the Select Board cannot do anything, but it is an egregious act and unfortunately it's done all the time. Mr. Franco announced the Lion's Club pancake breakfast tomorrow at the Eagle House Senior Center from 8:00 to 11:00 a.m. In regards to the stolen signs being stolen; they were attacking democracy and speech. It's just not a patriotic American thing to do. Mr. Alonzo reminded that next Monday is the last summer band concert and he encouraged people to attend. He thanked the Lunenburg Friendly Seniors for sponsoring last night's concert. He also thanked Band Director Steve Archambault, all the band members and the townspeople for modestly increasing their funding so they could purchase new music this year. Peter Beardmore, 292 Pleasant St., expressed disappointment about the discussion regarding the Finance Committee's request to use legal counsel. He noted he was speaking for himself only at the time. He had sent the request for legal counsel to the Town Manager and was not informed she would be bringing it before the Select Board as it was a simple administrative request. He believed the SB discussion was blown out of context and went beyond the limitations of the Open Meeting Law. He felt disrespected and looked forward to an honest and vigorous debate when all sides can be heard. ===PAGE 2=== Shirley Road. Discussion ensued about Police Chief Gammel's comment about ongoing construction at the new warehouse site on Leominster-Shirley Road. Motion: T. Dwyer 2"d: L. Franco To approve the Bicycles Battling Cancer Ride on September 24* contingent upon the applicant either confirming or resubmitting a route if they decide that they want to alter it due to the construction Vote: All in Favor Meeting with Building Commissioner on Renewal of Earth Removal Permits Mr. Alonzo noted there are two permit holders; PJ Keating and Dan & Jean Proctor. Building Commissioner Burlingame was unable to attend this evening but had forwarded a report on each permit and his recommendations for renewal. "An inspection of the premises at 998 Reservoir Road, known as P.J. Keating took place on July 25, 2022. The purpose of this inspection was to ensure the language and conditions of the 6 Earth Removal Permits were being met, so renewals could be granted by the Select Board. Present at this inspection was the Vice President of Aggregate Operations Robert Robinson and Town Building Commissioner/Zoning Officer Casey Burlingame. Permit #15 This permit covers an area used as an overflow yard, and loading area. It covers an approximately 165 acre parcel of land located northerly of Leominster-Shirley Road & westerly of Reservoir Load To parent has fated norat Road. This permit has 6 listed instructions/conditions. Condition 6 has sub conditions (a) (b) (c) (d) (e) and (f). A general overview of the conditions is concerns regarding maintaining a buffer zone, maintaining grade level slopes from property lines, establishment of vegetation on said graded areas, and maximum depth of excavation. During my site visit I found these conditions to be met and satisfactory. Recommendation: Ok to renew Permit #16 This permit covers an area used as an aggregate processing area and asphalt plant. It covers an approximately 170 acre parcel of land located northerly of Leominster-Shirley Road & easterly of Reservoir Road. This permit has 8 listed instructions/conditions. Condition 6 has sub conditions (a) (b) (c) (d) (e} and (f). A general overview of the conditions is concerns regarding maintaining a buffer zone, maintaining grade level slopes from property lines, establishment of vegetation on said graded areas, and maximum depth of excavation. During my site visit I found these conditions to be met and satisfactory. Recommendation: Ok to renew Permit #17 This permit covers an area used for recycling purposes. It covers an approximately 180 acre parcel of land located southerly of Leominster-Shirley Road and easterly of Fort Pond Road. This permit has 7 listed instructions/conditions. Condition 7 has sub conditions (a) (b) (c) and (d). A general overview of the conditions is concerns regarding maintaining a buffer zone, maintaining grade level slopes from property lines, establishment of vegetation on said graded areas, and maximum depth of excavation. During my site visit I found these conditions to be met and satisfactory. Recommendation: Ok to renew ===PAGE 3=== Permit# 30 This permit covers an area used for recycling purposes. It covers anapproximately 28 acre parcel of land located in the southeast corner of Lunenburg. This permit has 5 listed instructions/conditions. Condition 5 has sub conditions (a) (b) (c) and (d). A general overview of the conditions is concerns regarding maintaining a buffer zone, maintaining grade level slopes from property lines, establishment of vegetation on said graded areas, and maximum depth of excavation. During my site visit I found these conditions to be met and satisfactory. Recommendation: Ok to renew Permit#57 This permit covers the main quarry. It effectively replaced permits #14, #18, and #42. This permit covers an approximately 30 acre parcel of land located westerly of Fort Pond Road, and southeasterly of Leominster-Shirley Road. This permit has 4 listed instructions/conditions. Condition 3 has sub conditions (a) (b(c) (d) and (e). A general overview of the conditions is concerns regarding maintaining a buffer zone, minimizing dust and noise, and traffic concerns. During my site visit I found these conditions to be met and satisfactory. Recommendation: Ok to renew" Motion: T. Dwyer 2"°: L. Franco To approve the renewal of permits #15, 16, 17, 27, 30, 57 Discussion: Mr. Alonzo noted this is our customary action to ask the Building Inspector and Zoning Officer to inspect all these and having no other evidence to go on except his approval that they're following their permits this is all we need. Vote: All in Favor Mr. Robertson thanked the board. The next permit up for renewal is located at 1325 Massachusetts Avenue and under Daniel and Jean Proctor, 1529 Mass. Ave. From the Building Commissioner: "An inspection of the premise at 1325 Massachusetts Avenue took place on July 26, 2022. The purpose of this inspection was to ensure the language and conditions ofthe Earth Removal Permit was being met, so a renewal could be granted by the Select Board. Present at this inspection were the land owner representative Ryan Proctor, Building Commissioner/Zoning Officer Casey Burlingame, and Land Use Director Adam Burney. Permit #60 This permit is for an approximately 5.75 acre parcel located on the north side of Massachusetts Avenue. Permit restrictions included establishing and maintaining a buffer zone, no rock crushing onsite, depth of excavation limitations, and screening of top soil limitations. The pond excavation is complete. Grade bottoms have been established and rough grading is complete. The pond area vegetation has been established. The berm in the rear ofthe property iscomplete with grass growing. There was approximately 7,000 cubic yards removed off-site this year, with the need for an approximate additional 3,000 yards to be removed. The applicant states he intends on having the remainder of material removed offsite bedewinter. Recommendation: Allow for renewal of permit" ===PAGE 4=== with attention to detail and the cause of potential complaints. He thanked the Proctors for handling that with grace. Mr. Proctor thanked them both. Motion: L. Franco 2nd: H. Sroka To renew permit #60 under Dan and Jean Proctor as presented Vote: All in Favor INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Select Board Appointment of Election Officers: (terms to begin September 1 through August 31, 2023) Warden-Glen Reinhardt (R), Deputy Warden-Anne Shattuck (R), Clerk- Darlene Steele (D), Clerk-Judy Haley (D), Inspector-Susan Andrews (D), Deputy Inspector- Joanne Bergeron (D), Inspector-Jane Ranley (R), Deputy Inspector- Lorraine Rudd (R) Motion: T. Dwyer 2"°: L. Franco To approve the appointment of the election officers as presented for a term from September 1, 2022 to August 31, 2023 Vote: All in Favor Town Manager Appointment of Town Clock winder - John Lynch, 453 Page Street- term to expire June 30, 2023 Motion: L. Franco 2nd: H. Sroka To ratify the Town Manager appointment of John Lynch as Town Clock winder with a term to expire June 30, 2023 Vote: All in Favor OLD BUSINESS 1. Discussion of 300th Anniversary Committee Charge Lunenburg will turn 300 years old in 2028. The board had anniversary charges from other communities and they all were similar. Mr. Franco will compose a draft and present at the August 23rd meeting. 2. Vote to Sign Purchase & Sale Agreement and License Agreement with Unitil for Streetlights Purchase-this was tabled until the next meeting as Unitil was not ready in time. CURRENT BUSINESS 1. Vote on Finance Committee Request to Use Town Counsel to assist drafting proposed bylaw regardingamending the Capital Plan at town meetings This request came to the SB through Town Manager because she did not think this was a routine request such as a written opinion or interpretation. Town counsel is appointed by and works for the Select Board. Their policy states requests for town counsel come through the Town Manager, but this was a request to draft a bylaw regarding Capital Planning. Mr. Alonzo advised ===PAGE 5=== Motion: T. Dwyer 2"°: L. Franco To approve the proposed STM date of November 15, 2022 at 7:00 PM and the opening and closing dates of the warrant (August 23"/September 20t" at 5 PM) Vote: All in Favor 3. Letter from Board of Registrars re: Required Action by Board related to the Votes Act Mr. Franco read the letter from the Board of Registrars to the SB aloud: "RE: Changes to State Election Laws On June 22, 2022 an election reform law titled "The VOTES Act" was signed into law. Among other things the law made many of the temporary changes from the pandemic permanent. Effective immediately, the law, regarding assignment of police officers at polling places is amended to require the Select Board to assign police officers and constables to polling places. Previously this was the responsibility of the Chief ofPolice. Since this change is taking effect before the primaries, the state has reminded us that we needed to communicate with your Board In order to vote at a summer meeting before September. As our elections budget is already stretched thin we as Registrars would like the Select Board to consider the option of constables at our elections in the hopes that this small change will reduce one of our election expenses. The Registrars have no power to make this change. As Registrars of Voters our budget and handling is determined by Federal, State and Local laws and schedules. If the Select Board does not want to use constables, the Registrars recommend the following: Motion: Move to approve a sufficient number of police officers, but not less than 1, at the polling location at every election therein to preserve order and to protect the election officers and supervisors from any interference with their duties and to aid in enforcing the laws relating to elections, as required by Section 72 of MGL Chapter 54, which was changed in section 13 of Chapter 92 of the Acts of 2022. Further, move to designate the Police Chief the authority to assign specific police officers according to scheduling and availability. The Town Clerk will advise the Police Chief on the location and time the officer is needed. For local elections, towns may choose to have in-person early voting. To opt-in to early voting for local elections, at least two registrars need to recommend it, and the Select Board must then vote to authorize in-person voting. At the Registrars' meeting on July 22, 2022 it was voted to NOT recommend early voting due to the expense and that absentee voting is available." Acts of 2022 SECTION 13. Said chapter 54 is hereby further amended by striking out section 72, as so appearing, and inserting in place thereof the following section:- Section 72. The select board, board of selectmen, town council or city council of each city and town, in consultation with its election officers and registrars, shall detail a sufficient number of police officers or constables for each building that contains the polling place for 1 or more precincts ===PAGE 6=== Chapter 34, which was changed in section 13 of Chapter 92 of the Acts of 2022. Further, move to designate the Police Chief the authority to assign specific police officers according to scheduling and availability. The Town Clerk will advise the Police Chief on the location and time the officer is needed. Vote: All in Favor Discussion on next steps in response to APDC denial of Ritter Building Certificate to Alter Ms. Lemieux had written a memo to the SB regarding this: In reference to the Board's agenda item to discuss the next steps in response to the Architectural Preservation District Commission's denial of the Ritter Building Certificate to Alter application, I would like to offer the following comments: 1. Per the APD Bylaw, §113-8 (C), "If the APDC does not achieve a majority vote that the alteration is compatible with the standards and the design guidelines, it shall make a negative determination....In making its determination, the APDC shall provide a rationale for its action, including a description of how the alteration does or does not meet the standards set forth in §113-9 and the design guidelines." In their written determination there was not a clear description how the windows did not meet any of the design standards. The windows in the specifications from the architect were Architect Series Reserve Double Hung windows and designed with the Department of Interiors input for National Parks projects. Storm windows, which are an interior feature of the building, are exempt under the APD Bylaw, §113-6 F) but was referenced as a recommendation in the APDC decision. 3. The Commission wrote in their determination that they found "most windows in good working order". After speaking with staff, it takes 2 people to open/close windows. 4. Part of the work to be done to the windows is to remove the glazing compound on the exterior of the window due to cracking and it was determined that it contains asbestos. 5. Energy efficiency: The APD Design Guidelines state that "When considering an alteration, property owners are rightly concerned with heat loss and energy conservation. If windows must be replaced, it is preferable that new, double-paned windows that are made of wood and crafted in a similar way to antique windows are installed. While not preferable certain non-wood construction double-paned windows may be approved provided they meet the historical design standards of those windows currently installed on the building." I would ask the APD to reconsider our original application that proposes an architectural window and be more energy efficient than the current windows. We can ask for a mock-up window from the window manufacturer and perform a presentation to the APDC that demonstrates heat loss. Also, under the APDC Decision Approval Process in the Design Guidelines, it states "If a proposed alteration degrades the historical value of the structure, the APDC shall first determine if the alteration is necessary. Necessary alterations would include those needed to preserve the structure or parts thereof. Improved energy efficiency would also be considered necessary, as would renovation of dilapidated structures or parts thereof." In re-applying, I would include the Board's position is this is a necessary alteration. 6. The architect who prepared all the drawings and specifications has since retired. He was ===PAGE 7=== acts carra dev dise viol be to resubmit the CTA without the window replacement. The second would be to present an appeal for the window replacements to the APDC under the umbrella of the original application or lastly, going to Town Meeting to request overriding the denial. Ms. Lemieux noted if the CTA is resubmitted without the windows, it starts another 90 day period to review. Further discussion ensued on having the APDC acknowledge the resubmittal without the windows would be providing additional information on the initial application. Suggestion was made to put a placeholder article on the warrant in case the APDC denies the application again. The SB can always have it on the warrant and pass over the article if not needed. Consensus was to have Ms. Lemieux contact the APDC and see if they will agree to an appeal regarding the windows. Motion: T. Alonzo 2nd: L. Franco To authorize Town Manager acting on behalf of the Select Board to contact the APDC for their consideration in extending the determination of the submitted CTA for one meeting so we can rebut their points but not triggering a new submission and using the waiver authority granted to them in the APD Design Guidelines Vote: All in Favor 4. FY23 15 Quarter Water Commitment $12,061.73 Motion: L. Franco 2"': H. Sroka To approve and sign the FY23 15 Quarter Water Commitment of $12, 061.73 Vote: All in Favor 5. Approve Minutes of June 21, 2022- this was tabled until the next meeting 6. Warrants: The board signed a motor vehicle excise refund warrant in the amount of $4211.18. 7. Action Items-there were none this evening 8. Committee Reports Mr. Franco attended the Council on Aging meeting and updated them on the progress of the Senior Tax Relief work. They now understand this will be a lengthy process that requires special legislation. Principal Assessor Carroll will be attending the September 16 meeting and providing more detail. The COA is looking to rebrand/rename themselves not so much as a senior center but as a 50+ adult activity center and actually have a graphic logo. They will discuss further and possibly vote at their next meeting. They also want to have monthly press releases in the Lunenburg Ledger to further communicate to the community what they do at the center. Mr. Alonzo reported the Capital Planning Committee met last week and reviewed their calendar for the upcoming year as well as their scoring of requests. Another category was added to the ===PAGE 8=== Motion: L. Franco To adjourn the meeting The meeting adjourned at 8:38 P.M. Respectfully submitted, Elaine m. Peterson Elaine M. Peterson Executive Assistant to the Town Manager 2nd: T. Dwyer Vote: All in Favor ======================================================================================== DOCUMENT : 2022-08-16-agenda-5296.txt BOARD : select-board DATE : 2022-08-16 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2022-08-16-agenda-5296.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08162022-5296 ======================================================================================== ===PAGE 1=== SELECT BOARD Tuesday, August 16, 2022 7:00 PM AGENDA Bilotta Meeting Room, Town Hall In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast live over the Lunenburg Public Access channel, on FacebookLive on the Public Access Facebook page (https://www.facebook.com/Lunenburg-Public-Access-Cable-157427270975305/) and will be uploaded to the LunenburgAccess YouTube after the meeting. The following information is also provided for members of the public that would like to participate in the meeting remotely: To Participate Remotely: From a computer, please use the link below to join the public meeting webinar: https://zoom.us/j/9091740347 or from a telephone, dial the toll free number (888) 475-4499 and enter Webinar ID: 909-174- 0347 # If you have not registered with Zoom you will be asked for your name and an e-mail address. Note: No participant ID is needed, just press # when asked. Telephone users may dial *9 to request to speak af ter joining the meeting. Computer and app users may use the “raise hand” feature to request to speak. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Vote s may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. 7:00 PM CALL TO ORDER AND PLEDGE OF ALLEGIANCE I. PUBLIC COMMENT***  BOARD  PUBLIC II. ANNOUNCEMENTS III. COMMUNICATIONS FROM OTHER BOARDS IV. APPOINTMENTS 7:10 PM FY 2022 4th Quarter Financial Report from Finance Director V. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS VI. TOWN MANAGER REPORT VII. WORKSHOP: 1. Joint Meeting with Capital Planning Committee to discuss available ARPA funding and potential projects 2. Review Select Board Policies and Procedures, Article III Financial Policies VIII. OLD BUSINESS 1. Vote to Sign Purchase & Sale Agreement and License Agreement with Unitil for Streetlights Purchase IX. CURRENT BUSINESS 1. Approval of Minutes of June 21, and July 12, 2022 2. Sign September 6, 2022 State Primary Warrant 3. Warrants/Action Items 4. Committee Reports X. UPCOMING MEETING/EVENTS SCHEDULE August 23rd, September 6th, September 13th (Workshop), September 20th ===PAGE 2=== XI. PUBLIC COMMENT***  PUBLIC  TOWN MANAGER  BOARD XII. ADJOURN *** Per Policy, Public comment is limited to 15 minutes, with no more than 3 minutes per speaker except at the discretion of the Chairperson.