# select-board — 9 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 : 2023-08-15-agenda-361.txt BOARD : select-board DATE : 2023-08-15 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2023-08-15-agenda-361.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08152023-361 ======================================================================================== ===PAGE 1=== SELECT BOARD Tuesday, August 15, 2023 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. This meeting will be held in-person at the location provided on this notice. Members of the public are welcome to attend this in-person meeting. Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the public, the meeting will not be suspended or terminated if technological problems interrupt the virtual broadcast, unless otherwise required by law. Members of the public with particular interest in any specific item on this agenda should make plans for in-person vs. virtual attendance accordingly. 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 after 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 fa ct 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 Bicycles Battling Cancer Request to Pass through Lunenburg on September 17, 2023 7:15 pm Lunenburg Boys & Girls Club Tollbooth Fundraiser Request for 9/16/23; 10 am to 2 pm- Town Center 7:20 PM COA Director Sue Doherty Report on the Discovery Program 7:30 PM Request for Special Event license and One Day Wine & Beer license for St Boniface Parish’s Oktoberfest on September 16, 2023 7:45 PM Meeting with Building Commissioner for Earth Removal Permit Renewals 8:00 PM Meeting with Conservation Commission Representatives to request Select Board authorization of litigation for encroachment by 950 Chase Road onto the Large Town Forest, Announcement of the Award of a MassTrails Grant for Engineering Plans and Permitting for Conservation Land Improvements, and Need for office support for Commission V. INTERVIEWS/APPOINTMENTS/REAPPOINTMENTS/RESIGNATIONS VI. OLD BUSINESS 1. Discussion on FY24 Select Board Goals ===PAGE 2=== VII. CURRENT BUSINESS 1. Vote on Special Town Meeting Date (November 14, 2023 at 7 PM) and Opening/Closing Dates for Warrant (August 16th/September 18th at 5 PM) 2. Approval of Minutes of May 2, May 9, 2023 3. Warrants/Action Items 4. Committee Reports VIII. UPCOMING MEETING/EVENTS SCHEDULE August 22nd, September 5th, September 12th, September 19th IX. PUBLIC COMMENT*** • PUBLIC • BOARD X. 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 : 2023-08-15-minutes-361.txt BOARD : select-board DATE : 2023-08-15 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2023-08-15-minutes-361.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08152023-361 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Chairman Jeffieys called the meeting to order at 7:00 p.m. and 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 and Facebook Live and 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: Ms. Emkey reminded of the immediate need for Assessors due to the two recent resignations and encouraged volunteers to come forward. Mr. Alonzo noted last night was the last summer band concert for the season. It was a beautiful night and had an excellent showing. He thanked band leader Steve Archambault for organizing and conducting as well as all the musicians. He thanked all the sponsors as well. He encouraged anyone who hasn't attended this year to try to attend next year. The concerts are held on the TC Passios building lawn. ANNOUNCEMENTS • Town Beach hours are Saturdays and Sundays from 12 to 6 and Monday through Friday 10 a.m. to 7 p.m. It is expected to close on Labor Day weekend. • Board & Committee Vacancies • Assessors (2 vacancies) until the next annual election > Architectural Preservation District Commission (1 vacancy) • Cemetery Commission (1 vacancy) until the next annual election > Finance Committee (2 vacancies) • Green Communities Committee (1 vacancy and 1 associate vacancy) > Open Space (1 member at large vacancy) › Personnel Committee (1 vacancy) Volunteer Applications are available on the website, in Town Hall and at the Town Manager office) • Employment Opportunities > Council on Aging Administrative Asst. > Assistant to the Sewer Business Manager > Assistant Town Accountant • Finance Director/Town Accountant • Assistant Meal Site Manager • Conservation Administrator • Facilities Superintendent • DPW Heavy Equipment Operator • Administrative Assistant for Minutes Recording • Principal Assessor ===PAGE 2=== but not required. He lauded Library Director Muir Haman, his staff and the Library Trustees for all their work. Lunenburg Boys & Girls Club Tollbooth Fundraiser Request for 9/16/23; 10 am to 2 pm- Town Center Andrew Woods, 94/ Flat Hill Road, presented for the request. Participants will be adults/parents over the age of 18 years. This is to raise scholarship funding for their after school program. The Police and DP W departments have approved this request. All participants will be wearing yellow safety vests and no one will be interfering with traffic patterns. Motion: T. Alonzo 2": R. Emkey To approve the tollbooth fundraiser for the Boys and Girls Club on September 16" from 10 am to 2 pm in town center following all applicable laws and guidelines as presented Vote: All in Favor COA Director Report on the Discovery Program COA Director Sue Doherty and Jamie Toale, 147 Island Road, appeared for the presentation. Ms. Doherty stated just before the pandemic, the Massachusetts Councils on Aging developed a Discovery Center for Civic Engagement Program. The Discovery Center for Civic Engagement and Lunenburg Council on Aging have partnered together to help new retirees who are thinking "what's next," in their retirement and who would like to use their talents or skills to make a difference in their lives and communities. This event will be held at the Lunenburg Adult Activity Center on Wednesday, September 13, 2023 from 4:00-7:00 p.m. We have invited about 20 organizations. As part of the Discovery Center program, we have Transition Navigators, who help guide retirees through the process of seeking volunteer opportunities. Mr. Toale stated he is one of three Transition Navigators that have been trained by the program to meet with people and discuss their options tor volunteer opportunities. The other two specialize in non-protits such as Americans with Disabilities, organizations, hospitals, etc. I have taken the lead on those who want civic volunteer opportunities. He would also like to set up a booth at this for town committee and board volunteer recruitment. He added it would helpful if some committee members were there to answer questions about their boards. The board was supportive of the idea. Some Select Board members may join him that day at the booth. Meeting with Building Commissioner for Earth Removal Permit Renewals Mr. Gingras reported he had conducted site inspections of all the PJ Keating permit sites. He stated there was nothing out of the ordinary going through all the parcels listed in all the permits, but did note better dust control measures than seen in years past and access roads were in better shape. Otherwise everything's pretty much how it has been. All sites are in compliance, no concerns. Motion: T. Alonzo 2" :L. Franco To approve permits #15, 16, 17, 27, 30 and 57 as presented in the inspection report Vote: All in Favor Mr. Gingras exited the meeting. Bicycles Battling Cancer Request to Pass through Lunenburg on September 17, 2023 Mark Walter presented on the request to pass through Lunenburg on September 17" for the Bicycles Battling ===PAGE 3=== Request for Special Event license and One Day Wine & Beer license for St Boniface Parish's Oktoberfest on September 16, 2023 Mr. Jeffreys read the hearing notice aloud: "The Lunenburg Licensing Authority/Select Board will hold a public hearing on at Tuesday, August 15, 2023 at 7:30 PM in Town Hall, 17 Main St., Second Floor, Lunenburg, MA, on the application submitted by St. Boniface's Parish, for a Special Event License (Oktoberfest) located at 817 Massachusetts Avenue, Lunenburg, MA. The outdoor event, occurring on September 16, 2023, from 10:00 a.m. to 6:00 p.m. will include music provided by a DJ, food and craft vendors and wine & beer sales and will most likely exceed attendance of over 100 people." Tom Bodkin and Jamie Toale presented for the requests. Mr. Toale reported Chief Gammel has no concerns and has offered Hank the Comfort Dog and perhaps a police vehicle to be part of the event. Fire Chief Sullivan has offered to try to provide a fire truck to be available as well. Mr. Jeffreys noted there are 2 requests, one for the special event license and one for a beer and wine one day license. Motion: L. Franco 2'': T. Alonzo To approve the special event license and the one day wine and beer license for September 17, 2023 as described in their application Vote: All in Favor Mr. Toale and Mr. Bodkin thanked the board and exited the meeting. CURRENT BUSINESS Vote on Special Town Meeting Date (November 14, 2023 at 7 PM) and Opening/Closing Dates for Warrant (August 16th/September 18th at 5 PM) Ms. Belliveau reported the Special Town Meeting is scheduled for November 14". This falls in line with past special town meetings which have always been the week before Thanksgiving. Opening of the warrant allows for four weeks to accept warrant articles for the meeting. The Select Board and Finance Committee will be reviewing articles through October 17" and making recommendations on them. Motion: M. Jeffreys 2nd: T. Alonzo To schedule a Special Town Meeting for November 14 at 7:00 p.m. and open the Special Town Meeting warrant on August 16" and through September 18 at 5:00 p.m. Vote: All in Favor Approval of Minutes of May 2, May 9, 2023 Motion: L. Franco 2"d: T. Alonzo To approve the minutes of May 2 and May 9, 2023 as presented Vote: 3 in favor, 1 abstention (Emkey) Warrants The board signed an accounts payable warrant in the amount of $742,050.93; a payroll warrant in the amount of $768,160.76 and a payroll deductions warrant in the amount of $17,945.56. Committee Reports Mr. Alonzo reported the Capital Planning Committee will hold their first meeting the last week of August or the first week of September. We will start the season with the Town inventory that the Town Manager has sent out and also the Capital Plan for 2023-2024. Mr. Jeffreys reported the Municipal Building Design Committee will ===PAGE 4=== outcomes or activities that benefit residents. This is more promotional stuff and Mr. Alonzo had a great recommendation which was engaging residents or professionals skilled in marketing to help promote the town. The board discussed how to set criteria to measure if their goals have been met. Regarding the town bylaws (objective 3), Mr. Jeffreys noted there are a couple of items in the Select Board bylaws that conflict with the Town Charter. The board paused to return to the Conservation Commission agenda item. Meeting with Conservation Commission Representatives to request Select Board authorization of litigation for encroachment by 950 Chase Road onto the Large Town Forest, Announcement of the Award of a MassTrails Grant for Engineering Plans and Permitting for Conservation Land Improvements, and need for office support for commission Commissioners Bob Pease, 11 Wintergreen Court, and Mary Wilson, 138 Whiting Street, were present. Mr. Pease requested the Select Board authorize litigation against the property owners of 950 Chase Road, who are encroaching on the Large Town Forest. When the property was listed for sale, it was in the listing that the new owner was responsible for moving the building off town property. Two pre-litigation letters had been sent earlier this year asking the resident to remedy the encroachment. No response was received back. The commission has voted to move forward with litigation. A brief discussion occurred Motion: M. Jeffreys 2'd: L. Franco To authorize litigation for the encroachment on the Large Town Forest by the property owners at 950 Chase Road Vote: All in Favor Ms. Wilson informed the Select Board that due to the lack of staffing in the Conservation office, work is piling up. This is causing the commission to prioritize urgent tasks and deprioritize others which is impacting our local businesses and homeowners. Our current priorities are scheduling and conducting hearings which are required to be held within 21 days of a request submittal or the applicant has a presumptive approval and we lose the opportunity to protect our wetlands. We are also prioritizing emergency orders, were having to de- prioritize the publication of meeting minutes and de-prioritizing issuance of approval letters. She listed various things that are not getting done due to lack of statt. I don't want to let the public down but this is impacting my layume job. her advocate for a solution. also would like to get a status on what is happening with hiring. Mr. Jeffreys stated he appreciated her volunteerism and recognized the seriousness of her commitment. Although you are in a situation where you are down 300 hours over the course of this year, we are generally down 300 hours per week in terms of staffing. It is a significant burden on existing staff and it is not unique to Lunenburg. As a member of the conservation commission there is no policy that invites you to participate in the hiring process. We entrust the Town Manager and the HR Director/Assistant Town manager to fully engage in that process. Even with the ratifications that we do, we do not receive information related to other applicants and I think we've taken the position that we have skilled qualified people sitting in those roles and that we are trusting them. I am aware that there are three interviews scheduled for next week. This is an active process where they are actively working to fill this and it is one of their priorities, but I know that again in the environment we're in, you're not alone. Most people don't know but for about five or six months of this year, everyone in the Finance Department was working Fridays and Saturdays. ===PAGE 5=== included in the process. Ms. Emkey noted that in her day job they were having difficulty recruiting as well. She stated there is not as much transparency with the town as with her place of employment. She has not seen any engagement by the Town Manager or HR Director with the groups that are trying to fill the vacancies. Mr. Jeffreys noted that most of the town employees are in unions. There's a whole different conversation that has to happen with making sure that job descriptions are in line with the union contracts. There's a lot of training that goes into being able to conduct an interview and it's almost like a snowball effect that when we're in this environment where we have so many vacancies and everyone's doing more work already, it's hard to be able to have the time to do what we all recognize is a necessary step forward, which is engaging the key stakeholders in the process who will be working with these personnel. Ms. Lemieux and Ms. Belliveau are doing an excellent job in trying to fill the vacancies, but I also hear as this has come up repetitiously that we have to create a clearer framework on what ratification for us looks like and that's the mechanism that we have given the charter. Further discussion ensued about the process of hiring and how the Open Meeting Law affects confidentiality. Ms. Belliveau stated much of the process that we do is already being done in-house. I am a strong advocate that the HR Director be present at every interview, unfortunately with the amount of vacancies that is not possible. There is a lot of prescreening and I do send them out to the hiring manager and unfortunately per Charter. most boards, committees, commissions aren't the supervisor. We have the land use director who oversees the conservation administrator who's very much involved in this process with me; he's been filling in for the conservation administrator as much as he can. If there's ever a question of what's going on with the hiring process, just ask, I can answer it. She informed of the current applications and interviews for the Conservation Administrator and where the job has been posted. Going back to the hiring process, it is very much what Ms. Emkey described and I've also worked in private employment and that is a much faster speed. Discussion ensued about steps going forward. Ms. Wilson announced the Conservation Commission has received grant funding in the amount of $61,305 from the Mass Trails Program. This grant will help fund the development of engineered plans for improvements to three conservation areas. These improvements include the creation of two parking areas off Northfield Road; Table Rock Conservation Area, Reno Conservation Area and the Cowdrey area off Townsend Harbor Road. Plans will be developed to improve the cart path that provides handicapped accessible access to the Harold Harley Wildlife viewing platform and at the Cowdrey site. Plans will be developed for a bridge over Mulpus Brook to provide a direct connection between the southern and northern Cowdry Trail systems. The grant requires that the town provide matching funds of $15,450 which will come from the Conservation Commission's timber rights fund. The board congratulated the commission. Discussion on FY24 Select Board Goals (continued) Mr. Jeffreys asked the board to continue on Objective# 1. Objective 1: Continue to pursue a project acceptable to the Town regarding the property and building at 30 School Street (a continuation of FY21 - FY23). I. Action: Seek public engagement to review and evaluate landscape architect plans for potential resubmission at 2024 Annual Town Meeting II. Action: Create working title that identifies multi-generational benefit for residents with a clear ===PAGE 6=== design for 30 School Street, and voters being against it as it was premature when there are other infrastructure needs in Town. She believed it should be used for additional parking in the center UPCOMING MEETINGS Mr. Jeffreys stated their next meeting is August 22nd Motion: T. Alonzo To adjourn the meeting The meeting adjourned at 8:49 p.m. 2"°: L. Franco Vote: All in Favor Respectfully submitted, Clave M. Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2023-08-22-agenda-368.txt BOARD : select-board DATE : 2023-08-22 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2023-08-22-agenda-368.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08222023-368 ======================================================================================== ===PAGE 1=== SELECT BOARD Tuesday, August 22, 2023 7:00 PM REVISED 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. This meeting will be held in-person at the location provided on this notice. Members of the public are welcome to attend this in-person meeting. Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the public, the meeting will not be suspended or terminated if technological problems interrupt the virtual broadcast, unless otherwise required by law. Members of the public with particular interest in any specific item on this agenda should make plans for in-person vs. virtual attendance accordingly. 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 after 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 to Accept Donation by Cemetery Commissioners 7:15 PM Pole Petition Hearing for Northfield Road @ Gilchrest St. Plan# 977-L 7:20 PM Change in DBA for La Balena LLC, 50 Massachusetts Ave. 7:30 PM Proposed Pilot “Dream Team” Budget for LHS for ARPA Funding Request: Dr. Robin Chandler 7:45 PM Meeting with the Board of Health on Use of ARPA Funding on PFAS Related Expenditures V. INTERVIEWS/APPOINTMENTS/REAPPOINTMENTS/RESIGNATIONS Ratification of Town Manager’s Appointment of Temporary Conservation Administrator Leah Grogorov Ratification of Town Manager’s Appointment of Facilties Superintendent Scott Oja Ratification of Town Manager’s Appointment of Administrative Assistant – Council on Aging Michele Beauvais VI. TOWN MANAGER REPORT VII. OLD BUSINESS 1. Discussion on ARPA funding requests and review Select Board rankings for project requests; votes may be taken 2. Tax Investigation Update ===PAGE 2=== VIII. CURRENT BUSINESS 1. Review Dog Hearing Procedure 2. Sign Temporary/Permanent Easement for 887 Flat Hill Road 3. Approval of Minutes of April 25, May 16, 2023 4. Warrants/Action Items 5. Committee Reports IX. UPCOMING MEETING/EVENTS SCHEDULE September 5th, September 12th, September 19th Sept. 13: Discovery Center for Civic Engagement Volunteer Fair, 4- 7 PM Lunenburg Adult Activity Center 25 Memorial Drive X. PUBLIC COMMENT***  TOWN MANAGER  PUBLIC  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 : 2023-08-22-minutes-368.txt BOARD : select-board DATE : 2023-08-22 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2023-08-22-minutes-368.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08222023-368 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Clerk; Tom Alonzo, Renee Emkey Also Present: Heather Lemieux, Town Manager; Nancy Foss Yasko, Cemetery Commissioner; John Kimball, Lawrence Lagoy, Scott Oja, Dr. Robin Chandler, Donna Saiia, George Emond Ji., Perry Jewell, Paul Fortin, Jim Garreffi Chairman Jeffreys called the meeting to order at 7:00 p.m. and 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 and Facebook Live and 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: John Rabbitt, 314 Townsend Harbor Road, Assessor, appealed to anyone who might want to volunteer on the Board of Assessors due to the recent resignations. INTERVIEWS/APPOINTMENTS/REAPPOINTMENTS/RESIGNATIONS Ratification of Town Manager's Appointment of Council on Aging Administrative Asst. Michele Beauvais Ms. Lemieux stated Ms. Beauvais has been with the town as a van driver for almost a year and during this time she has formed positive relationships with van riders. Her previous experience includes over 20 years of administrative work. Her knowledge of Lunenburg and her positive attitude and experience makes her a perfect fit for this position. The board members thanked her for her interest in working for the town. Motion: M. Jeffreys 2"d: L. Franco To ratify the Town Manager's appointment of Michele Beauvais to COA Administrative Asst. Vote: All in Favor Ratification of Town Manager's Appointment of Temporary Conservation Administrator Leah Grogorov Ms. Lemieux stated the filling of the permanent position is ongoing. Ms. Grogorov would be filling this role temporarily for about 10 hours a week. She comes with experience as the assistant conservation agent in the town of Westborough. She has her Bachelors of Science from UMass Amherst in natural resource conservation and she is in the process of taking a new full-time position in East Longmeadow, so she would be doing most of this work remotely. The board thanked her for getting temporary help in the interim. ===PAGE 2=== already vote to accept this as a gift. Motion: M. Jeffreys To accept the gift to the Cemetery Commission as discussed 2nd: L. Franco Vote: All in Favor Ms. Yasko Foss thanked the board. Pole Petition Hearing for Northfield Road @, Gilchrest St. Plan# 977-L Mr. Nuzzolo read the hearing notice aloud: "To All Interested Parties: In conformity with the requirements of Section 22 of Chapter 166 of the General Laws (Ter. Ed.), you are hereby notified that a public hearing will be held at the Town Hall, 17 Main Street, 2nd Floor, in the Joseph F. Bilotta Meeting Room, Lunenburg, MA, on Tuesday, August 22, 2023 at 7:15 PM upon petition of Unitil Fitchburg Gas & Electric Company for permission to erect or construct, and a location for, a line of wires, poles and such other fixtures as may be necessary to sustain or protect the wires of the line, for the transmission of electricity, upon, along, across, or under the following public ways of said Town: LOCATION Northfield Road@ Gilchrest Street, (1) Proposed new Stub pole #23-51 approximately 2345 feet north of Turkey Hill road and approximately 1476 feet south of Holman Street with anchor to be approximately 9 feet behind new proposed stub pole. Location as shown on sketch. Plan# 977-L dated 7/12/2023 Location approximately as shown on plan attached. Wherefore it prays that after due notice and hearing as provided by law, it be granted a location for and permission to erect and maintain poles and wires, together with such sustaining and protecting fixtures as it may find necessary, said poles to be erected substantially in accordance with the plan filed herewith marked. Also for permission to lay and maintain underground laterals, cables, and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each of the petitioners many desire for distributing purposes." John Kimball, Unitil Field Services Supervisor, was present for the hearing. He stated Unitil would like to remove the guy wires that are presently anchored to an oak tree and install a pole (#23-51) to support pole #23 in the island of the intersection. When asked what it would involve to remove the island pole, Mr. Kimball replied it would take a massive amount of tree work on that scenic road. As there were no other questions, the hearing was closed. Motion: T. Alonzo 2': C. Nuzzolo To approve the pole petition for proposed pole #23-51as presented by Unitil Vote: All in Favor Change in DBA for La Balena LLC, 50 Massachusetts Ave. Owner Lawrence Lagoy presented for the request of a change of "doing business as." The LLC will remain the same. The name change will be from La Balena Ristorante to The ReBoot. Mr. Lagoy stated ===PAGE 3=== Ms. Lemieux stated Mr. Oja is a Master Plumber with over 40 years of experience in residential, commercial and industrial settings; working with plumbing, gas and heating systems. His most recent employment is with Fitchburg State University where he is responsible for all the plumbing and steam fittings for all of the academic buildings. He has also worked for Community Health Connections and for the Health Alliance Hospitals as a plumber. He holds eight licenses which will be an asset to the Town where the work can be done in-house instead of outsourcing. He is a graduate of Montachusett Regional Technical Vocational School for the plumbing trade school and his references indicated that he is calm and a true professional. Mr. Oja stated Facilities Director Chris Ruth reached out to him to see if he would be interested in applying for the position and he was intrigued. The board thanked him for applying to the town. Motion: M. Jeffreys 2nd: L. Franco To ratify the Town Manager appointment of Scott Oja to Facilities Superintendent Vote: All in Favor Mr. Oja thanked the board. Proposed Pilot "Dream Team" Budget for LHS for ARPA Funding Request: Dr. Robin Chandler Dr. Chandler, 717 Reservoir Road, Cultural Council member, presented an Artist at School Program for the high school curriculum that would, if approved, be paid for with ARPA funding. The amount she was requesting was $22,500. Statement of Need Why does art matter at Lunenburg High School? LHS is an "above average" educational institution in the top 5% of Massachusetts secondary schools. With three (3) dedicated permanent arts instructors, a supportive learning environment, and 17 arts-related courses, the school is an ideal launching pad for an AIS program operated by the LCC and its partners. To create a "buzz" for the program, revitalizing the artist community in Lunenburg would ensure the public as well as grant makers that the arts are alive in town and would provide evidence of "community engagement". A locally supported AIS pilot project in 2023-2024, initially funded by the Select Board, will position LHS to join the top 20 secondary schools as an "arts hub" in north central MA by 2029. A unique Five-Year Strategic Plan featuring a 3-Phased program for a high-performance school-LHS, is proposed, beginning with the 2023-2024 pilot implemented by an inclusive planning committee composed of cultural council member(s), Lunenburg High School (LHS) official(s), LHS teachers, a parent representative, and other stakeholders. At this stage the primary beneficiaries are Lunenburg High School students. The most critical element of this pilot year is to solicit the services of PAC to document/videotape the residency for marketing purposes and grant making. An end-of-the-year report will be submitted (first draft to the Lunenburg Cultural Council (LCC) for review) and the Office of the Superintendent by the co-Pls and will include recommendations, documentation, and learning outcomes from Phase I for Phase II. An evaluation of the pilot project, both quantitative and qualitative will be submitted by the evaluator to the LCC. ===PAGE 4=== appropriate approvals are on time and signed off on. Donna Saiia, 32 Sandy Cove Road, stated the Cultural Council ran into roadblocks during the COVID pandemic; many things were put on hold or canceled. We are dedicated to promoting the arts as well as sciences and we want to reach people of all ages. The grant process will start on September Ist and end on October 17% ', and we're encouraging anybody in Lunenburg that has a program that will benefit the community to consider applying for a grant. They do have to work with a venue in town and have established places like the library, the senior center, places where they will have this event. Sometimes it's a trek through the woods to learn about foraging; so there's a lot of things we cover. Dr. Chandler stated she would be meeting with the School Superintendent and Principal this week. She will be visiting other local schools to build common cause with these institutions, both cultural and educational, because this particular program is going to put the town on the map because it's attracting prominent artists. Dr. Chandler described the process going forward pending Cultural Council and Select Board approval of ARPA funding. Mr. Alonzo believed this was a great opportunity and lauded Dr. Chandler and the Cultural Council for bringing this opportunity forward. Ms. Saiia noted as Treasurer for the Cultural Council, she would be working closely with the Town Treasurer to ensure these funds, if granted, would be separate from the state grant funding. Mr. Nuzzolo commended the council for bringing innovation to the public schools and the opportunity to inspire creativity. Mr. Franco thanked them for their enthusiasm and for engaging in and doing this important work. Mr. Jeffreys agreed with many previous statements and suggested meeting with Town Manager about the administrative side as the Town has unions and checking in about procurement, etc. He believed the artists' fees were reasonable and thanked them for coming in tonight. Dr. Chandler and Ms. Saiia thanked the board and exited the meeting. Meeting with the Board of Health (BOH) on Use of ARPA Funding on PFAS Related Expenditures BOH Chair Emond opened the Board of Health meeting. Ms. Emkey stated FAS has come up recently with respect to drinking water. The Water District has requested ARPA funding to address this. The Water District is taking care of the public water supply, but residents with private wells are left on their own. What are the guidelines with respect to private wells; are they obligated to test? If they do test and they find they exceed the limit are they obligated to remediate? Private wells fall under the purview of the Board of Health so I don't know if you as a board have begun thinking about PFAS and the new regulations and impact on private wells. Mr. Emond stated there is very little information coming from the federal government about PFAS. The information that we are getting is after the first of the year they will take some action. The amount to test a private well is around $400 and we guess there are around 1800 private wells in Lunenburg. Mr. Alonzo asked is there a program that we have that you could mimic that provides monetary assistance, not paying for the whole thing, to private well owners to have their wells tested for PFAS and ===PAGE 5=== regulates private wells and requires certain parameters. At this point PFAS is not a required parameter. The board does require new homeowners to remediate if they exceed the primary drinking water standard. Typically in town we see arsenic which naturally occurs in bedrock. He anticipated the EPA coming out with new standards for PFAS and the state to adopt them as well. The Board of Health under MGL c. 111, §31, has the ability to amend their regulations. Discussion continued about the cost of testing and treatment and maintenance of wells and water systems in the event PFAS are detected if the state changes the regulations; and how the Town would play a role in that. Mr. Jewell believed the most helpful part is education. The issue is we really don't know anything yet. PFAS are still being manufactured and being used in industry. Mr. Jeffreys noted the Water District is requesting ARPA funding for $485,000; $400,000 for PFAS pilot testing for the Lancaster and Keating wells; $50,000 for a PFAS Master plan related to the public water supply; $35,000 for public education related to PFAS. He asked the Board of Health members given you have authority over wells and the reality of PFAS, what can we do to be supportive of you at this time? Mr. Fortin stated nothing is going to happen until after January 2024 so there are no requests from the BOH at this time. The Board of Health adjourned their meeting at 8:47 p.m. and exited the meeting. TOWN MANAGER REPORT • Town Beach hours are Saturdays and Sundays from 12 to 6 and Monday through Friday 10 a.m. to 7 p.m. It is expected to close on Labor Day weekend. • The Farmers Market is every Sunday from 10 am to 1 pm until mid-October on the Ritter Building lawn. • Board & Committee Vacancies • Architectural Preservation District Commission (1 vacancy) > Board of Assessors (2 vacancies) until the next annual election > Cemetery Commission (1 vacancy) until the next annual election > Finance Committee (2 vacancies) > Green Communities Committee (1 vacancy and 1 associate vacancy) » Open Space (1 member at large vacancy) > Parks Commission (1 vacancy) until the next annual election › Personnel Committee (1 vacancy) Volunteer Applications are available on the website, in Town Hall and at the Town Manager office • Employment Opportunities > Assistant to the Sewer Business Manager • Assistant Town Accountant • Finance Director/Town Accountant > Assistant Meal Site Manager > Conservation Administrator ===PAGE 6=== Chad TEmpey LLC. The contract has been awarded to this company. • A Request forQuotations for Trash & Recycling Consultant Servicesis due by August 31st. This is paid through our Recycling Dividends Grant. Opioid Settlement Funds The Town received another opioid settlement payment in the amountof$14,709, bringing the Opioid Settlement Stabilization Fund balance to $99,449. The Police Chief will be submitting an article for the fall town meeting to request funds from this account to pay for costs related to a Co-Response Mental Health Clinician. Discussion ensued about the use of the opioid settlement funds. Employee Highlights Council on Aging: Thank you to all the volunteers and staff at the Lunenburg Adult Activity Center. They have been short-staffed during the last several months, especially in the kitchen, and the staff and volunteers have stepped up to the plate by filling in where needed in the kitchen by learning how to "job share", driving multiple meals on wheels routes, and just going the extra mile to keep the center up and running. The kitchen staff includes Pamela Myllykangas, Elsa Watson, and Ann Penney and the kitchen volunteers are Joyce Boyce and Deb Lincoln. The COA van driversareal waysready fora challenge. Currently MARTisusing Lunenburgasa test site for new driver software but our drivers always manage to get the passengers to their destinations safely. The Van Drivers are Dave Gallagher, Kimberly Moore, and Michelle Beauvios. A special thanksto Jim McGuigan, who although he hastried to retire as a driver, agreed to come back any time as an on-call driver when needed Thank you to all the Meals on Wheels Drivers which include Laura Boussom, Cynthia Romano, Betty Orlow, Walther Orlow, Larry Letarte, Robin Roach, Tricia Arsenault, Bob Hamel, Elise Schofield, Robin Cilmi, Louann Longenecker, Carol McShane, Robin Roach & Melody Nielsen. Thank you to the Outreach Coordinator Pauline Roy and to COA Director Sue Doherty who always goes above and beyond in managing the Center and making the Center a welcoming place for seniors and always trying to improve the lives of our seniors. Land Use: As noted in last week's meeting, the lack of having a Conservation Administrator has caused a backlog of work for that office and has caused more questions and follow-up on conservation related issues that have been directed to the Land Use Director Adam Burney. Thanksto Adam for trying to field the questions that have been directed his way due to the absence ofthe Conservation Administratorand working with the Assistant Town Manageron interviewing any applicants with relevant experience. Treasurer/Collector's Office: This past year the staff in the Treasurer/Collector's Office has had to workextra hours, including Fridaysand Saturdays, dueto the numberofabatementrefundsand a vacancy in that officethat caused a backlog of work. The staff has also had to address angry and upset residents repeatedly for many months. Thank you to the Assistant Treasurer Sue Murchie, Collector Principal Clerk Erin Mahoney, and to Treasurer/Collector Myleen Mallari. Assessors' Office: It goes without saying that this year has been especially difficult for the Assessors' Office and the Board of Assessors. The current Interim Principal Assessor Rena Swezey came out of retirement and assisted the Town in our time of need. Assessing Administrative Assistant Sheila Craigen has been amazing and has also worked extra hours in order to keep up with her regular duties and the abnormal amount of calls, emails, and foot traffic to that office this year. Thank you to both Rena and Sheila for keeping that office functioning. ===PAGE 7=== and all adjustments that were made during those inspections were made to the FY24 values, so if there were any changes say an extra fireplace or a new valuation to that home that would be in the FY24 valuation. When it is turned over to the new fiscal year, there are automatic adjustments in the tables that are factored into conditions. Mr. Alonzo requested further explanation because people are asking questions and he wanted them to be aware that if they got a minimal tax increase last year, the increase is going to catch up for two years this year. Ms. Lemieux added during the reevaluation period we will be using Vision to help gear outreach and communication on what to expect as well. Ms. Lemieux stated she needs to submit a letter to the Division of Local Assessment to request an extension for the certification of values because typically they are due January 1st . Next meeting the Select Board will need to vote on a letter for sending out preliminary 3d quarter estimated tax bills. The Assessors have already done this. OLD BUSINESS Discussion on ARPA funding requests and review Select Board rankings for project requests; votes may betaken The board discussed the ranking process and how to improve it to make it easier. Mr. Jeffreys will amend and return with it for the next round of discussion about how to award the funding. Tax Investigation Update Mr. Jeffreys reviewed core questions that the investigation sought to answer. I. Was the Principal Assessor (PA) competent from March 1, 2022 - December 31, 2022? A. What was the PA's education and experience? Bachelor's Degree in Finance from UNH, 2 years working as a data collector (including in Lunenburg) 2 ½ years as an assistant principal assessor in Winthrop, responsible for general and cyclical inspection, building permits, abatements, generation of excise and real estate taxes, evaluation of public records; interacting with the public. B. Did the PA have a mentor? If so, what support did that mentor provide? Yes, a Principal Assessor with over three decades of experience. He provided resources and collaboration on nuances. He reviewed the work that was submitted to MA DOR. C. Was the PA certified to perform his duties? Yes. The PA completed DOR Course 101. D. Did the PA receive specialized training or have familiarity with software systems employed? Yes, the PA received on-site training for the Vision 8 upgrade; completed Vision Report Building Course; MA Assoc. of Assessing Officers-completed; Principles of Assessing Procedure, Valuation Administration, Income Approach to Valuation; International Assoc. of Assessor Offices- completed; Fundamentals of Real Property Appraisal; Appraisal of Land ===PAGE 8=== B. Is there a statistical difference in property values between homes nearest Lake Shirley, Lake Whalom, or Hickory Hills? As per the site index map in use at the time of the evaluation, no. However, Hickory Hills is the largest private lake in Massachusetts and boasts home values largely equivalent to the values on Lake Shirley, where homes are generally larger. Homes on Lake Whalom are generally assessed at a lower value than homes on Hickory Hills Lake and Lake Shirley. C. How was the index map determined? 1. How often is it updated? The map is expected to be updated every five years. However there's no available record of previous site index map indexes. RRG, Inc. (previous assessor) confirmed that the map has been in use for at least fifteen years. 2. What is the ordinary process to update it? The map is expected to be updated every five years when the Town receives an in-depth evaluation. RRG, Inc. reported that they were advised by MA DOR that due to the lack of sales on lakes, homes should get consolidated into the same index. This guidance was familiar to one assessor interviewed; another assessor interviewed indicated that this guidance is not consistent with her experience working with MA DOR. D. What software was employed to assist with property valuations or assessments? Vision Government Solutions (VGSI) provides the computer-assisted mass appraisal (CAMA) software that was employed. It is noted that prior to FY20, the Commonwealth's CAMA was utilized. There was a transition from that system to Tyler CAMA. RRG, Inc. had a financial interest in Tyler CAMA that was not disclosed to the Town. The Principal Assessor hired in 2020 transitioned from Tyler CAMA to Vision. During the investigation there were no digital or other records to reveal what was in the Commonwealth's CAMA or Tyler CAMA. RRG, Inc. indicated the site indexes used property attributes with detailed notes. These attributes did not transition into Vision CAMA. 1. Does the software provide standard alerts or notification about impact from fiscal year to year? No, as per DOR, impact on taxpayers is not relevant to the identification of fair market value. 2. Does the software analyze sales data and provide recommendations? No 3. Does MA DOR have a position or requirement regarding the assessment software that was used? No, but MA DOR recommends the use of CAMA software. E. What valuation did the properties that sold in 2021 get for FY23? F. Did the Principal Assessor analyze Fy22 property values and assessments alongside FY23 values and assessments and consider variances/differentials? No. 1. Do guidelines or regulations recommend or require such analysis? MA DOR notes that many communities provide impact statements to advise property owners in advance of real property bills of notable increases. This is not required and there was not a best practice in place (or policy) to require an impact evaluation. ===PAGE 9=== 2. Has advertising for home son Lake Shirley promoted limited public access? No. One listing identified that semi-private nature of the lake but nearly all did not. IV. Was the process the Principal Assessor undertook consistent with professional standards and norms? Mostly yes. The PA evaluated homes from similar classes (i.e. ranches, colonials, etc.) and identified that all homes near lakes that sold in 2021, sold for values much higher than homes of the same class in different indexes. As a result, the PA identified that the ASR was around .48. After applying an across the board increase to all home values in all indexes, land values in index 1 were increased uniformly to achieve an acceptable ASR. This was technically correct and consistent with vith DOR guidelines and ess stocking to ve men a more everal protoss that wasted tolly consistent 1) Conversion of Software: AstheMA CAMA waswinding down, Lunenburgwasone ofthelast communitiestoconvert.RRGsold the BOA topurchasea CAMA thatthey had a (reported) financial interest in and was a software that all assessors interviewed considered to be inferior to Vision CAMA and other CAMAs on the market. WhileRRG asserts thatpropertyattributesweredetailed in MACAMA; there is no way toconfirm this. Noneofthosespecificattributeswerein the Vision CAMA that performed the assessments. Inexperienced Board of Assessors (BOA) A: While one member (Rich Letarte) of the BOA had many years of experience, he reported that he had life events that challenged hisability toserve, but didn't want to leave the town in a bind so he remained on the Board, albeit distracted. At the time that the assessments were certified, two members had served forabouta yearand one did not have her DOR coursework completed. Thelackof public interest in serving on the BOA and the lack of longevity, contributed to the minimal oversight that was provided during the assessment process. 3) Four Principal Assessors in three years. From 2019-2022, The Town experience had theservicesof RRGand hiredanadditional three assessors. RRG completed theFY19assessmentand one principal assessor completed the 2020 and 2021 assessments. 1) Lackof Best Practices: Ifthe BOA had adopted a policy that required impactreview, theylikelywould haveidentified an anomaly in thedistribution oftaxesand taken anotherlookat thecausation. The pandemic was anomalous, and therewasn'ta requirement or best practice to takea six month look back into 2020 and asix month look ahead into 2022 to consider whether the 2021 assessment results were or meredits vere consistent with market trends. Thesurgein homevaluesdueto thepandemicwas not considered during the assessment process —and therefore no efforts were made to mitigate or slow the impact. 5) DOR Guidance-DOR does notaccount forimpact. Unlikeotherstates, they don't have any considerations for long-term homeowners surprised by a large tax bill. The Commonwealth's practices seem to encourage an outlook that increases estimated home values based on market trends. V. Was the process the Principal Assessor undertook to achieve FY23 property values and assessments compliant with MA DOR standards? Yes. VI. Was there a historical error or decision that contributed to increases in any index for FY23 ===PAGE 10=== It is unclear. The Board received conflicting information and concluded that, more likely than not, tax bills were mailed on or about January 11,2023. VIII. Was the Board of Assessor's competent from July 1, 2022 - December 31, 2022? Yes. All members were complied with MA DOR requirements. A. Was the Board compliant with requirements identified in 830 CMR 58.3.1 and/or other requirements as determined by the MA DOR Commissioner? Yes. IX. What was the process that the Board of Assessor's undertook to perform their duties, as outlined in the Lunenburg Town Charter, as it relates to FY23 property valuations and tax assessments? A. Did the Board of Assessor's analyze FY22 property values and assessments alongside FY23 values and assessments and consider variances/differentials? No. 1. Do guidelines or requirements recommend or require such analysis? No. B. Does the Board of Assessor's consider impact of tax assessment increases during the usual process of property valuation and tax assessment? No. X. In the event that error, either clerical, professional, or procedural are found, what are the potential remedies for both the affected residents and the Town? Mr. Jeffreys stated his expectation was to talk through this for what the next steps will be. He anticipated having the full document and making it available to the public with all of the interviews, all of the supporting documents, with all of the analysis spreadsheets that were provided through the assessor's office and combining all those into one document and referencing the nexus between the answers that are provided to these questions and the documents that support where these answers have come from. Referring to question #4, he believed it was a perfect storm of factors that went unidentified. He was not able to conclusively say what Mr. Carroll did was not consistent with DOR standards or the work that Mr. Cramer did that was also consistent with DOR standards. There's a clear need for more policies. Looking at these proximate causes, if you take one away, the situation likely wouldn't have happened. If it was true that the MA CAMA had all these site attributes and if that conversion had happened to Vision where all those attributes were brought over, we would have had a result that didn't treat every single home in Index 1 the same and that would have had a different outcome in terms of the taxes. If we had had a Board of Assessors that were more experienced, would this situation have happened? Probably not. ===PAGE 11=== perfect storm. It's pretty clear from DOR and our conversation with them and the standards, that once you complete those courses you meet their standards. Technically everyone had to have training to have the knowledge to dig into this in more detail and it wasn't exercised. Ms. Emkey agreed, the purpose of looking back is not to point fingers and assign blame. What can we learn, what can we change, so it never happens again. But common sense says if you see an assessment doubled, that should set off bells and say we need to look into this more. Going forward we need to look at these numbers more closely. Some safeguards need to be put into place. Mr. Alonzo stated in order to prevent this from happening again, that cause has to go on somebody. He didn't disagree about the inexperienced BOA or other items. We paid somebody a lot of money who came up with an errant product that we followed and that hammered people in the town, lost the Town a lot of money and lost some people their homes. It's not a mechanical mathematical problem. It's the data and the investigation of the data that's the critical component and that is what was missed. We had tour previous PAs, nobody else came up with these numbers. At the November tax classification hearing he had asked Mr. Carroll if there were any substantial changes, Mr. Carroll replied incorrectly, whether intentionally or not. The DOR was absolutely unhelpful and their whole practice is unhelpful. Everybody I spoke to, assessors and people who are on Boards of Assessors said the first thing you'd want to know when that number 0.48 came up or the actual tax bills were looked at, is we have a problem. It wasn't like these numbers were right and were upheld in the abatements. They weren't upheld because we had a Principal Assessor with more experience look at these numbers at our request and on our dollar, who came up with very different numbers and his report stands on its own. We need best practices. We don't have data from the past, decades of data are gone because we did not have a backup practice. Once the tax rate was approved, the tax bills got mailed out; people were clamoring to find out what their bills were because they didn't find out from their mortgage companies yet what the tax bills were. They should be updated immediately as soon as the tax bills were done. I completely disagree with the assessment that we didn't know when the tax bills were sent. We came up with documents from the USPS about when we received it. No reasonable person will think with the evidence that those were mailed on time and yet we forced that through which caused further hardship because now people had to come up in two weeks with thousands of dollars. This report does not in my mind even begin to say what and where the problem was and how we should avoid it. When those tax bills come out, there better be a spreadsheet that I can look at that shows the tax bills or I will not vote on a tax rate. Mr. Nuzzolo stated it was important to remember the impacts that this situation caused to people. Fear, anxiety; it caused much division in our community. My hope is that this investigation produces actionable information that we can actually do something with so that we can get to a point where we can just move on as a community. Mr. Franco stated many of the points that have been made so far are fine. As part of this investigation I was interviewed because I was on the BOA in previous years. I commented and I see some of myself in this report including characterizing that I wasn't the only one that did say that procedures were ===PAGE 12=== and elements of every prior speaker has said that are true. The last principal assessor that assessed at the time that these assessments were made owns those assessments and those numbers. But you identified in the report how many factors contributed to the data not being carried forward by the previous computer systems. Those trash numbers came from somewhere and they may have started off only as small errors but they propagated over a period of years and that's how we impart in no small measure how we got where we got with that 0.48 ASR. Mr. Jeffreys pointed out what seemed to be the commonality from the last three principal assessors was they all felt that the quality of the data in the system was exceptionally poor. Mr. Carroll also commented on the data as being very poor. Mr. Jeffieys expanded on the reasons the data came in as it did. It was an unreasonable workload to expect someone in seven months to do a critical assessment of data in the entire town. So Mr. Carroll took the same approach that the previous principal assessor did which was I'm not touching any of the raw data, I'm keeping everything the same even though I think there's problems. In his case the ASR did not match because of what actually happened in the market and because that ASR was so low. If everyone had gotten the average tax bill increase of $278, I feel like most people wouldn't have said anything. The lens that he was looking at it through was limited by his own experiences and it was very much by the book. Had he have had more experience like a Nate Kramer then he would have seen I need to go into a bigger range to look at a two-year range rather than a one-year range. I do believe the Principal Assessor was a primary contributor to why we landed in this situation. There is a reason we have elected boards who create policy and provide oversight and the BOA have to be trained. There was a recognition that you need to have someone double checking your work and he did have someone double check his work who was an assessor for 30 years. We would be best served by making sure that all these lessons we're learning from this process as we identified at the very beginning of this investigation process is identifying recommendations to the BOA so this never happens again. Discussion continued on the lack of experience of the Principal Assessor, and all the contributing factors that led to the ensuing situation as well as the concerns of the former principal assessors and previous assessors of the poor data and lack of past data. Ms. Lemieux agreed that anyone coming on board should have a more defined mentorship. We are not seeing anyone with that level of experience anymore; we getting more applications from appraisers. There is a large learning curve even after they take all the courses. Hiring a consultant permanently for an oversight and review process would be helpful. We need to look at policies and procedures and what types of documents are going to be part of the tax recap. The BOA wanted to have a principal assessor in house who would be more accountable as the contract with the regional assessor was not being fulfilled. I think a hybrid model of consultant/staff would be the best model. Mr. Jeffreys stated we will make revisions to the report and I will make notes on recommendations. We will schedule to revisit this for the second week of September. Review Dog Hearing Procedure The board reviewed the hearing procedure in anticipation of a dog hearing next week. He encouraged ===PAGE 13=== Approval of Minutes of April 25, May 16, 2023 Motion: T. Alonzo 2nd: M. Jeffreys To approve the minutes of April 25 and May 16, 2023 as presented Vote: 3 in favor, 2 abstentions (Nuzzolo, Emkey) Committee Reports Mr. Alonzo reported Capital Planning's first meeting is on August 30". Mr. Franco reported the Economic Development Committee is meeting on August 24"'. Ms. Emkey reported the School Committee will meet on August 28th Mi: Jeffreys reported Municipal Building Design Committee met last night and reviewed the scope of services for the ARPA funding request. We received a generous offer from Mr. Allison and Mr. Roy for use of their cad design experience. The committee meets again on September 18" Mr. Jeffreys reported he worked with the Cemetery Commissioners on a draft policy that Town Counsel had some concerns about. I worked with them to identify language that is more aligned with the Town Charter and identify areas that need further discussion with Town Counsel. Town Manager is working with them as well. Mr. Jeffreys updated the board on the effort to stop the closure of the Leominster Hospital birthing unit. He announced Rep. Scarsdale will be holding a regional meeting of district communities to identify and discuss shared concerns related to their communities. Mr. Alonzo reported Senator Cronin, Rep. Kushmerek and Rep. Scarsdale signed a letter of opposition to the Dept. of Public Utilities regarding Unitil's proposed rate increase. He thanked them for doing this. Upcoming Meetings: Mr. Jeffreys stated the board would be meeting again on August 30"h And September 5"h and 12". PUBLIC COMMENT There was none at this time. Motion: T. Alonzo To adjourn the meeting 2'd: L. Franco Vote: All in Favor The meeting adjourned at 10:49 p.m. Respectfully submitted, Claire m. Peterson Elaine M. Peterson Executive Asst. to the Town Manager ======================================================================================== DOCUMENT : 2023-08-30-agenda-378.txt BOARD : select-board DATE : 2023-08-30 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2023-08-30-agenda-378.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08302023-378 ======================================================================================== ===PAGE 1=== SELECT BOARD Wednesday, August 30, 2023 5:30 PM AGENDA REMOTE Via ZOOM 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 user s may dial *9 to request to speak after 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 Cha ir. Votes may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. 5:30 PM CALL TO ORDER I. PUBLIC COMMENT*** • BOARD • PUBLIC II. Joint meeting with Member of Board Assessors to interview/appoint to Board of Assessor Vacancy until the May 2024 Election: Brian Laffond, 247 Arbor Street III. PUBLIC COMMENT*** • TOWN MANAGER • PUBLIC • BOARD IV. 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 : 2023-08-30-minutes-378.txt BOARD : select-board DATE : 2023-08-30 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2023-08-30-minutes-378.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08302023-378 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== SELECT BOARD MINUTES August 30, 2023 via ZOOM Members present: Lou Franco, Vice Chairman; Caesar Nuzzolo, Clerk; Tom Alonzo, Renee Emkey Member not present: Michael-Ray Jeffreys, Chairman Others present: Heather Lemieux, Town Manager; Rena Swezey, Interim Principal Assessor; Jack Rabbitt, Assessor; Brian Laffond Vice Chair Franco called the meeting to order at 5:30 p.m. He announced in accordance with the requirements of the Upen Meeting Law, please be advised that this meeting is being recorded and broadcast live over the Lunenburg public access channel and Facebook Live and 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. Mr. Franco took a roll call attendance; Mt. Alonzo- present, Ms. Emkey-present, Mr. Nuzzolo-present, Mr. Franco-present PUBLIC COMMENT: There was none at this time. Joint meeting with Member of Board Assessors to interview/appoint to Board of Assessor Vacancy until the May 2024 Election: Brian Laffond, 247 Arbor Street Mr. Latfond stated I've lived in town for about 40 years. I spent 20 years in town government; nine years on the Planning Board, three years as a Library Trustee and eight years on the Finance Committee, several of them as the chair. I then stepped back from those type of duties as I felt I had spent enough time doing Town work for tree, It's always been my feeling that the government works for the people and in this case the government can't work until you have enough members. I'm happy to spend the time and effort and I will make the commitment to work as a member of the Board of Assessors, as a bridge at least until the next election. I am not anticipating going much further than that, but my hope is that we can get through the next year and find enough candidates to actually make the office work. I think the office has done a good job of keeping things going in the interim. I've spent 50 years in business, mostly in high tech. I'm currently between contracts; I've been doing mostly contract work for the last several years. I try to make data driven decisions, I'm all about open communications and transparency. The Select Board members, Mr. Rabbit, Ms. Swezey and Ms. Lemieux all welcomed Mr. Laffond and thanked him for stepping up to fill the vacancy. Both Mr. Franco and Mr. Alonzo had known Mr. Laffond's previous experience with the Town and had full confidence in his abilities. Motion: T. Alonzo 2''I: L. Franco To appoint Brian Laffond, 247 Arbor Street, to the Board of Assessors until the next election Vote: Mr. Alonzo-aye, Ms. Emkey-aye, Mr. Nuzzolo-aye, Mr. Franco-aye, Mr. Rabbitt-aye ===PAGE 2=== Mr. Laffond was reminded to go to the Town Clerk office to get sworn in. He thanked everyone for their support. There was no further public comment. Motion: T. Alonzo To adjourn the meeting Vote: Mr. Alonzo-aye, Ms. Emkey-aye, Mr. Nuzzolo-aye, Mr. Franco-aye The meeting adjourned at 5:53 p.m. Respectfully submitted, Elaiiem Pilesen Elaine M. Peterson Executive Assistant to the Town Manager 2"d: L. Franco ======================================================================================== DOCUMENT : 2023-09-05-agenda-312.txt BOARD : select-board DATE : 2023-09-05 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2023-09-05-agenda-312.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09052023-312 ======================================================================================== ===PAGE 1=== SELECT BOARD Tuesday, September 5, 2023 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. This meeting will be held in-person at the location provided on this notice. Members of the public are welcome to attend this in-person meeting. Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the public, the meeting will not be suspended or terminated if technological problems interrupt the virtual broadcast, unless otherwise required by law. Members of the public with particular interest in any specific item on this agenda should make plans for in-person vs. virtual attendance accordingly. 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 after 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 fa ct 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 Public Hearing for Nuisance Dog(s): Jenna Lynne Kunze, 543 Reservoir Road V. INTERVIEWS/APPOINTMENTS/REAPPOINTMENTS/RESIGNATIONS Ratification of Town Manager’s Appointment of Videographer, Robert Berberian Ratification of Town Manager’s Appointment of Electrical Inspector, Baron Bowser, and Alternate Electrical Inspector John Biery VI. TOWN MANAGER REPORT VII. OLD BUSINESS 1. Master Plan Steering Committee Representative 2. Discussion on ARPA funding requests and review Select Board rankings for project requests; votes may be taken VIII. CURRENT BUSINESS 1. Letter to DOR Bureau of Local Assessment to Request Authority to Issue Third Quarter Preliminary Tax Bills for FY24 ===PAGE 2=== 2. Review November 14, 2023 Special Town Meeting Warrant Articles 3. Town Manager Goals for FY2024 4. Approval of May 23, June 6, June 13, 2023 Minutes 5. Warrants/Action Items 6. Committee Reports IX. UPCOMING MEETING/EVENTS SCHEDULE September 12th, September 19th September 13th: Discovery Center for Civic Engagement Volunteer Fair, 4-7 PM at Lunenburg Adult Activity Center X. PUBLIC COMMENT*** • TOWN MANAGER • PUBLIC • 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 : 2023-09-05-minutes-312.txt BOARD : select-board DATE : 2023-09-05 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2023-09-05-minutes-312.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09052023-312 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Clerk; Tom Alonzo, Renee Emkey Others present: Heather Lemieux, Town Manager; Kathy Comeau, Animal Control Officer; Police Sergeant John Morreale Jr., Police Officer Michael McCormick, David Watt, Ludmila Watt Chairman Jeffreys called the meeting to order at 7:00 p.m. He asked everyone to rise 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, Facebook Live and the Public Access Facebook page and will be uploaded to the 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. There was no Public Comment, Announcements or Communications from Other Boards. INTERVIEWS/APPOINTMENTS/REAPPOINTMENTS/RESIGNATIONS Ratification of Town Manager's Appointment of Videographer, Robert Berberian Ms. Lemieux stated the first ratification is for Robert Berberian and this is for Public Access. Mr Berberian is currently a freelance media specialist and owner of A to D Media and Design, LLC in Templeton and has operated professionally for over five years. He is an FAA part 107 certified drone pilot which will be a great addition to Public Access. In addition to owning his own business, he had worked at Fitchburg Access TV as an audio technician on a show called Chess Chat. He has a certificate in graphic design and digital imaging from UMass Lowell and his references indicated that he's an all- around great guy dedicated, committed, is very good at what he does, and takes his work very seriously. Motion: C. Nuzzolo 2"d: L. Franco To ratify the Town Manager's appointment of Robert Berberian as Videographer Vote: All in Favor Ratification of Town Manager's Appointment of Electrical Inspector, Baron Bowser, and Alternate Electrical Inspector John Biery Ms. Lemieux stated both individuals currently work for the Town. John Biery is stepping down as Electrical Inspector and is seeking the Alternate position. Baron Bowser seeks appointment as the Electrical Inspector. Motion: C. Nuzzolo 2"d: L. Franco To ratify the appointment of Baron Bowser as Electrical Inspector and John Biery as Alternate Electrical Inspector Vote: All in Favor Letter to DOR Bureau of Local Assessment to Request Authority to Issue Third Quarter Preliminary Tax Bills for FY24 ===PAGE 2=== Discussion ensuea about alerting taxpayers to the potential increase in the 4 quarter bill by including something with the preliminary bill. Ms. Lemieux will look into this. Motion: T. Alonzo 2": M. Jeffreys To authorize the Chair to sign the letter on behalf of the Select Board to the Dept. of Revenue that indicated the vote was taken at this meeting Vote: All in Favor Master Plan Steering Committee Representative Mr. Jeffreys reported the Planning Board had discussed the SB request to designate a representative but had really wanted a Select Board member rather than a representative to serve. This would be a multi-year commitment. Discussion ensued about who should serve on the committee. No action was taken at this time. Public Hearing for Nuisance Dog(s): Jenna Lynne Kunze, 543 Reservoir Road Mr. Jeffreys reviewed the hearing procedure to all present. Dog owner Jenn Kunze was not present although she had been notified of the dog hearing. Mr. Jeffreys announced he would be swearing in those who wish to testify in the hearing. Officer McCormick was the first to testify. He read his incident report aloud: "On August 9, 2023 at approximately 7:09 a.m., I responded to 96 Autumn Road for a report oftwo coyotes attacking a goat in its pen. Sergeant Morreale was riding with me during a training period. I arrived and met with the residents, David and Ludmila Watt, who directed myself, Sergeant Morreale and Sergeant Zrate to the back yard where the goat pen was located. Inside the goat pen I observed two reddish/brown and white dogs, appearing to be a type of husky breed. Asi got closer to the goat pen, the dogs came to the fence to excitedly greet us. Sergeant Morreale and I were able to fashion leashes from available twine to lead the dogs to my vehicle. I observed one of the two dogs had a reddish substance covering a paw, which appeared to be blood. Upon inspection, neither dog had any tag which identified the owner contact information. While on scene another resident ofthe neighborhood approached Sergeant Morreale and I and advised the two dogs we had taken custody of from the goat pen entered his house through his dog's door. This resident was able to chase the two dogs out of his house. I returned to the goat pen to find the goat was deceased and cold to the touch. I observed reddish substance covering the neck and chest area of the goat, which appeared to be blood. I observed several areas on the goat where there was torn skin, appearing to be punctures to the skin. The areas I observed were behind the head and on each side of the neck. Based on the close proximity and recent events, Sergeant Morreale advised the owner of the dogs may be a Jenna Kunze. Kunze resides at543 Reservoir Koad in Lunenburg, which isinclose proximity. Iunderstand thatKunze had previous involvements with Lunenburg Police Department, concerning issues with her dogs. The two dogs were transported to the Animal Control Officer {ACO) Kathy Com eau, where they were transferred to her custody. Further inspection of the two dogs at ACO Comeau's facility showed both dogs had a reddish substance around their mouth/face area. This reddish substance appearing to be blood I returned to the LPD and attempted to contact Kunze by phone, which was unsuccessful. A voice message was left for Kunze to return my call at the LPD. On the date at approximately 10:30 am, Kunze returned my call at LPD, I spoke with her by phone. I asked Kunze if she knew whyI had called her, herresponse was because her dogs got out. ===PAGE 3=== to get her two dogs. I then went to Town Hall, where I verified that Zeus was registered with the Town. The Town had record of Potato, however he was not registered for lack of rabies verification. I met with Lunenburg ACO Comeau, who provided me with two Town Civil Disposition Violation Tickets (2352 & 2353) for Kunzeto be issued. Two counts ofTown By-Law, Chapter 110-1: Public Nuisance and one count ofM.G.L., Chapter 140, 8137:No License. While speaking with ACO Comeau sheadvised she contacted Leominster Animal Hospital, who advised that Potato was born late December 2022, making him 7 plus months old. ACO Comeau also explained to me that the Watts explained the goat had been in the family for seven years and had grown up with their grandchildren. Onthis date at approximately 1:00 pm, larrived at Kunze's residence at543 Reservoir Road. I explained and issued Kunzethetwocivil disposition violation tickets. Iadvised Kunzecould contact ACO Comeau and arrange to pick up Zeus, but she would have to arrange for Potato's rabies vaccine and registration." ACO Kathy Comeau, 806 West Street, reported after the dogs were brought to her, she observed they had blood all over them. Ms. Comeau and her assistant went to the Watts residence to observe the goat as Mr. Watts did not want to bury it until she observed it. The goat was beaten up all around the throat and all over its body. They told me that they had the goat for eleven years. Ms. Comeau reported her interactions with Ms. Kunze in October 2022 when Police went to the residence as the neighbors had complained that her dogs were loose and killing her chickens in the yard. The police officer put the dogs in the house because no one was answering the door and the door was ajar. Ms. Comeau spoke with Ms. Kunze and she stated they were her chickens and what did Ms. Comeau care? I issued her a letter telling her she needed to restrain her dogs. In May of 2023 Mr. Fournier of Lancaster Ave. called me and informed me he had two really nice huskies that he had kept overnight. They were at his door crying and he let them in and kept them overnight. He found out Ms. Kunze was looking for her dogs and he called her and she came down and he was upset because she was not nice to the dogs and he wanted me to know that. I talked to her about that and she said she was disciplining them. Un August 2nd of 2023 the dogs got loose again and Kunze picked them up before Ms. Comeau got there. They had gone after someone else's chickens but did not kill them. I went to her house and said the dogs were loose again and Ms. Kunze stated they had gotten out but she had gotten them back. On August 9th they got loose and went to the Pinard's house, and went after one of their dogs, a Maltese in the front yard. Mrs. Pinard got her dog in the dog door and had to fight off the two huskies that were trying to get in the door as well. The huskies proceeded from there to the Watt's house and that is when they killed the goat. Ms. Comeau stated when Ms. Kunze came to get her dogs, I could not release one of the dogs without a rabies vaccination. I took the dog to the veterinarian to get the rabies shot and charged Kunze for it and then Ms. Kunze had to go get the license for the dog, because I can't release an unlicensed dog. When Ms. Kunze came to get the dogs she told Ms. Comeau that she had been in Hawaii for three weeks. She wasn't here when the incident occurred, she had just returned home. ===PAGE 4=== and put them in the garage, but I declined to enter her home. She called me back moments later and informed me that neighbors would be taking care of the dogs and they would not get out. There is a pen there and it is adequate but it should be enlarged because there are three dogs in the residence. Ms. Comeau made suggestions for tightening up the outside pen so they could not get out. The owner is not even using the pen, it's all overgrown. Ms. Comeau recommended the owner acquire an insurance policy to cover any future incidents and that the dogs be muzzled when outside of the home. They are friendly with people but are prey animals and they will attack again. Mr. and Mrs. Watt, 96 Autumn Road, stated the goat was fenced in but the dogs must have jumped the fence. When Rosie gets scared she runs into her little shelter and the dogs must have gone in and dragged her out because all the water was dumped out and the grass was all trampled over there. We had our air conditioner on and did not hear any noise until we shut it off and heard the goat bleating. We thought it was coyotes at first so we did not get too close. We called 911 and the Police showed up shortly afterwards but unfortunately it was too late, she was very injured by that point. There was no way for her to defend herself, she had been trying to get away from them. The dogs were friendly but had blood all over their faces. She was a quiet peaceful animal that we had for 11 years. We miss her. Mr. Jeffreys asked for Jenna Kunze to come forward but she was not present. Ms. Lemieux stated Ms. Kunze was notified of the hearing with a certified letter that she had signed receiving. Ms. Comeau reported she had called the MSPCA, the Humane Society and the Farmers Exchange to get a value for the goat and we came up with $720.00 which includes the cost of the animal and feeding it for one year. Ms. Kunze should pay restitution for the goat to the Watts. Discussion ensued about the history of problems with the dogs' owner. It was determined it was at least a quarter of a mile to go from Ms. Kunze's house to the Watts' house. Ms. Kunze was fined $50 twice; one for no license and the other for the attack. Ms. Comeau reported each dog weighs around 45-50 pounds and the goat weighed between 60-70 pounds. Ms. Comeau stated it appeared that Kunze was not using the outdoor pen as it was all overgrown. When asked if the dog owner was concerned or cooperative, Ms. Comeau stated Ms. Kunze felt badly and wanted to pay for the goat but has been uncooperative in the past; she always has some excuse. When asked if there was any indication how the dogs got out, Ms. Comeau stated the pool fence is a 4 foot chain link but not secured to the ground, so they are most likely getting out by digging under it or jumping it. The unused kennel fence is six foot tall. The Watts reported the owner has not reached out to them since the attack. Discussion ensued about whether the incident was a nuisance or dangerous and prey animals. The board moved on to deliberation. Mr. Alonzo noted a discrepancy between town bylaw and state law regarding nuisance or dangerous dog hearings. He stated this board could determine either category on this attack although it was listed on the agenda as a nuisance dog hearing. Mr. Alonzo stated it is clear the dogs have a long history of getting out of their enclosure and property, trespassed on other people's property, attempted to attack other animals on their own property; so clearly this is not a one-time occurrence. Due to the recent attack he was inclined to state this was clearly in the dangerous range adding you shouldn't have to fear that other people's dogs are going to ===PAGE 5=== dogs attacked her own chickens and not taking responsibility for the attack; how to prevent this without punishing the dogs who are friendly to people. Mr. Franco worried about the problem escalating to a human and human life is always more valuable than animal life. He was willing to entertain the most restrictive measures to ensure the dogs don't get out again. Mr. Jeffreys wasn't sure which determination he would make although he was leaning towards dangerous. Mr. and Mrs. Watt had kept their pet goat for 11 years in a fenced in-area, protected from wildlife. The real danger was these two dogs that their owner failed to keep control of. Motion: T. Alonzo To deem the Zeus and Potato as described in the incident of the police report of August 9" as dangerous 2'°: C. Nuzzolo Vote: All in Favor Mr. Jeffreys read aloud the board's options having ruled the dogs dangerous: 1. If the hearing authority deems the dog a dangerous dog, the hearing authority shall order one or more of the following: a) that the dog be humanely restrained; provided, however that no order shall provide a dog deemed dangerous be chained, tethered or otherwise tied to an inanimate object including, but not limited to a tree, post or building; that the dog be confined to the premises of the keeper of the dog; provided however, that "confined" shall mean securely confined indoors or confined outdoors in a securely enclosed and locked pen or dog run area upon the premises of the owner or keeper; provided further, that such pen or dog run shall have a secure roof and, if such enclosure has no floor secured to the sides thereof, the sides shall be embedded into the ground for no less than 2 feet; and provided further, that within the confines of such pen or dog run, a dog house or proper shelter from the elements shall be provided to protect the dog; c) that when removed from the premises of the owner or the keeper, the dog shall be securely and humanely muzzled and restrained with a chain or other tethering device having a minimum tensile strength of 300 pounds and not exceeding 3 feet in length; that the owner or keeper of the dog provide proof of insurance in an amount not less than $100,000 insuring the owner or keeper against any claim, loss, damage, or injury to persons, domestic animals or property resulting from such acts, whether intentional or unintentional, of the dog or proof that reasonable efforts were made to obtain such insurance if a policy has not been issued; provided however, that if a policy of insurance has been issued, the owner or keeper shall produce such policy upon request of the hearing authority or a justice of the district court; and provided further, that if a policy has not been issued the owner or keeper shall produce proof of efforts to obtain such ===PAGE 6=== keeper of the dog shall cause the dog to be altered so that the dog shall not be reproductively intact; g) or that the dog be humanely euthanized. Mi. Jeffreys stated based on the testimony of the ACO, we should require Ms. Kunze to obtain liability insurance in the amount of $1,000,000,000; that we have the owner retrofit the pen as described above in section (b), and that the dogs be muzzled when they leave the property. Mr. Alonzo agreed to all three but wanted to add (e.), identification throughout lifetime as a requirement. He noted the insurance coverage would most likely be a blanket policy covering both dogs and that $500,000 should be adequate. He also wanted restitution paid to the Watts for their goat in the amount of $720.00. He added any further violation or infraction of these restrictions after they are imposed would result in an immediate new public dog hearing before the Select Board. Motion: T. Alonzo 2nd: M. Jeffreys Per M.G. L. c. 140 8157 (c) the hearing authority (Select Board) has ordered the following: 1) That the dogs known as Zeus and Potato be confined to the premises of the keeper of the dogs; provided, however, that "confined" shall mean securely confined indoors or confined outdoors in a securely enclosed and locked pen or dog run area upon the premises of the owner or keeper; provided further, that such pen or dog run shall have a secure roof and, if such enclosure has no floor secured to the sides thereof, the sides shall be embedded into the ground for not less than 2 feet; and provided further, that within the confines of such pen or dog run, a dog house or proper shelter from the elements shall be provided to protect the dogs; 2) That when removed from the premises of the owner or the premises of the person keeping the dogs, the dogs shall be securely and humanely muzzled and restrained with a chain or other tethering device having a minimum tensilestrength of300 pounds and not exceeding 3 feet in length; 3) That the owner or keeper of the dogs provide proof of insurance in an amount not less than $500,000, insuring the owner or keeper against any claim, loss, damage or injury to persons. lomestic animals or property resulting from the acts, whether intentional or unintentional, of the dogs or proof that reasonable efforts were made to obtain such insurance if a policy has not been issued; provided, however, that if a policy of insurance has been issued, the owner or keeper shall produce such policy upon request of the hearing authority or a justice of the district court; and provided further, that if'a policy has not been issued the owner or keeper shall produce proof of efforts to obtain such insurance; 4) That the owner or keeper of the dogs provide to the animal control officer, photographs or videos by which the dogs may be identified, throughout their lifetimes; In addition, 1) That the above-listed orders be completed within 60 days of receipt of this letter. During the 60 days in securing the kennel under Order #1, all available means shall be used to restrain the dogs. 2) The owner of the dogs shall pay restitution in the voluntary amount of $720.00 to Mr. and Mrs. Watt for the loss of the goat and if you fail to do so, Mr. & Mrs. Watt may pursue the matter as a private cause of action through the courts. ===PAGE 7=== TOWN MANAGER REPORT Meetings, Events, and Other Announcements: • The Farmers Market is every Sunday from 10 AM until 1 PM until mid-October on the Ritter lawn. Board/Committee/Commission Vacancies: The following is a list of current vacancies on the following boards/committees/commissions: • Architectural Preservation District Commission (1 vacancy) • Board of Assessors (1 vacancy until the next Annual Town Election) • Cemetery Commission (1 vacancy until the next Annual Town Election) • Finance Committee (2 vacancies) • Green Communities Committee (1 Regular Member and 1 Associate vacancy) • Open Space Committee (1 Member at Large vacancy) • Park Commission (1 vacancy until the next Annual Town Election) • Personnel Committee (1 vacancy) Interested persons can find Volunteer Applications on the Town Website and completed forms can be sent to the Select Board's Office. Anyone that has any questions on volunteer opportunities can contact the Select Board's Office at (978) 582-4130 x 144. Employment Opportunities with the Town: The following is a list of current employment opportunities with the Town: • Assistant to the Sewer Business Manager (19 hours/week) • Assistant Town Accountant (32 hours/week) • Assistant Meal Site Manager (19.5 hours/week) • Conservation Administrator (36 hours/week) • Finance Director (40 hours/week- contractual) • Heavy Equipment Operator (40 hours/week) • Principal Assessor (40 hours/week) • Seasonal Cemetery Laborers Videographer (2-10 hours/week) More information on each position can be found on the website under job opportunities, which are located on the town website. Staffing Updates Accountant's Office: We are still actively searching for a permanent Finance Director and Assistant Town Accountant. We conducted one interview last week for the Finance Director position. In the interim, through our Town Accountant consultant Julie Costello, we have a retired accountant that is assisting with processing invoices so that Karen can focus more on closing out FY23. ===PAGE 8=== we received one quote from Supportive Business Alternatives for $20,000 for FY24.This was awarded to Supportive Business Alternatives on September 5th. This work will be a continuation of outreach, education, reviewing the current contract with EL Harvey and providing recommendations to the Request for Proposals, data research on other communities contract rates for collection and disposal of trash and recycling, and education to reduce contamination in our recycling. • An Invitation for Bids for the Public Safety Carport Project is currently advertised and filed sub- bids are due September 13th and general bids are due September 20th. • The bids received for the Invitation for Bids for the Large Snow Plow Trucks were rejected as non- responsive and we have revised the IF and re-advertised. Bids will be released on September 11th and will be due by September 25th. Infrastructure, Facilities, and IT Updates • Page Street Culvert Project: The roadway was closed, and traffic was detoured from Monday, August 21st through Thursday, August 24th to allow for the excavation of the old pipe and the installation of the new pipe. The pipe has been installed and the roadway is reopened. The guardrail was installed last week. The project was done by Powell Stone & Gravel and was on time and under budget. • Roadway Maintenance: The sealcoating by Indus Industries has been completed. The roads that were sealed are Beachview Road, Cove Road, Cove Terrace, Crescent Road, Crescent Terrace, Horizon Island Road, Island Road, Peninsula Drive, Sandy Cove Road, South Row Road, Wildwood Road, and Williams Drive. The DPW crew has been making pothole repairs on Leominster Shirley Road, cutting back roadside vegetation at various locations, clearing out drainage pipes, repairing road edges, and other routine maintenance. • Guardrail Repairs: Premier Fence completed the contracted work for guardrail repairs on Northfield Road between Holman Street and Gilchrest Street, 140 Leominster Shirley Road, and Graham Street. • LED Streetlight Project: Pine Ridge Technologies began the LED Streetlight conversion project today. Barring any unforeseen issues, the project should be complete by late September. • Senior Center ADA Patio Project: The Senior Center ADA Patio Project will be complete this month. The ribbon cutting ceremony will be October 11th at noon. • TC Passios Roof: There are still issues with the roof leaking at the TC Passios building. The Facilities Department, along with a roofing company, has been chasing the leaks and have recently patched two more areas and have also tested roofdrains, which showed no signs of leaks. • Teen Center Repairs: Recently the facilities department had the ramp at the Teen Center repaired, the bulkhead replaced, and some painting done. • Town Beach: The Town Beach is officially closed and the plan is to do some additional interior work on the flooring before the next season. • Marshall Park: The Park Commission submitted a PARC grant in July requesting $500,000 and are awaiting notification. The 100% schematic design is complete and the next step is to go out ===PAGE 9=== firm to conduct penetration testing on our network. Wereceived a quote from Security Scorecard and I submitted a Flex Grant application to our insurance company that utilizes our rewards credits towards risk management costs and received approval that the grant will cover the costs of the quote. Ms. Lemieux reported that Unitil has provided a rate case informational flyer regarding their distribution rates and the impact on users which will be placed on the town website. Discussion on ARPA funding requests and review Select Board rankings for project requests; votes may be taken Mr. Jeffreys stated that the board had provided rankings on the proposed projects. He thanked Ms. Emkey for pulling together the spreadsheet. Mr. Alonzo stated to the other board members that from his perspective any ARPA funding allotted should only be used for the intended purpose and any remaining funding should be returned to the Town for redistribution. The board discussed the requests in length. Motion: M. Jeffreys 2": T. Alonzo To commit $50,000 for the Lunenburg Boys & Girls Club staffing for FY24 and $25,000 for FY25; $22,500 for the Cultural Council Artists in the Schools program; $60,000 for Library exterior envelope; $10, 000 for the Library/Proctor Memorial Garden; $120,000 for the Library Teen Room renovations; $101,640 for sidewalks for Lunenburg Public Schools; $35,000 for the Water District for public education on PFAS; $50,000 for the Water District's Master Plan for PFAS; $200,000 to the Water District to support a PFAS PILOT for the Keating well; $225,000 for the Municipal Building Design Committee and $100,000 for Sewer manhole repairs Vote: All in Favor Mir. Jeffreys noted this leaves $58,855.00 remaining. Mr. Alonzo thanked everyone for their involvement in this process. Mr. Jeffreys thanked everyone for providing their rankings and comments in a timely manner. Mr. Jeffreys asked for consensus in going to fall town meeting to request $986,000 from the Special Stabilization account to pay for the ambulance and two dump trucks rather than using ARPA money. The board wanted more information on the impact of doing so from the Town Manager. Review November 14, 2023 Special Town Meeting Warrant Articles The board reviewed the first four warrant articles: A. To see if the Town will vote to raise and appropriate, borrow, or transfer from available funds, all sums of money necessary to amend the amounts voted for the Town's FY 2024 Budget, under Article 7 of the May 6, 2023 Town Meeting; or take any other action relative thereto. (Submitted by the Town Manager) ===PAGE 10=== take any other action relative thereto. (Submitted by the Town Manager) D. To see if the Town will vote to transfer $80,000 from the Opioid Settlement Stabilization Fund to be used to fund the Police Department's Mental Health Co-Response program; or take any other action relative thereto. (Submitted by the Police Chief) After discussion, it was decided to invite the Police Chief in to explain his request under Article D. Town Manager Goals for FY2024 Ms. Lemieux presented her goals for the upcoming fiscal year: 1. Goal #1: Continuation of the Goal to Redevelop/Reuse 925 Mass Ave: a. Objective: To revitalize this property, enhance economic development in the center of town, and generate tax revenue. i. Action: Take the steps necessary to sell this property including determining all the required permitting, discuss different concepts for redevelopment with the stakeholders, and develop a Request for Proposals that includes this information. ii. Action: Pursue any available funding necessary for any remaining contamination through the EPA. 2. Goal #2: Review of Financial Policies and Procedures and Long-Term Planning: a. Objective: To update financial policies to reflect best practices, formalize unwritten procedures and address long-term staffing and unknown infrastructure needs to help inform the budget process. i. Action: Policies and Procedures: Review and make recommendations to Select Board on financial policies and create written finance and administration procedure manual for employees that will formalize unwritten processes. Draft a process and checklist for the Board of Assessors and Assessors staff to use throughout the year: ii. Action: Long Term Staffing: Create a comprehensive long-term staffing plan that will be updated annually and identifies additional space needs and funding sources. ili. Action: Culverts and Bridges: Apply for a grant to create a Culvert and Bridge Management Plan, similar to the Town's updated Pavement Management Plan. 3. Goal #3: Employee Recruitment, Recognition, and Retention a. Objective: To advocate to officials on municipal staffing shortages and retain and recognize our existing staff. i. Action: Recruitment: Work with professional associations, state entities, and local ===PAGE 11=== Motion: T. Alonzo 2"d: C. Nuzzolo To accept the Town Manager's goals and objectives for fiscal year 2024 as presented Vote: All in Favor Approval of May 23, June 6, June 13, 2023 Minutes Motion: L. Franco 2nd: T. Alonzo To approve the minutes of May 23 and June 6, 2023 as presented Vote: All in Favor Motion: L. Franco 2'd: C. Nuzzolo To approve the minutes of June 13, 2023 as presented Vote: 4 in favor, 1 abstention (Alonzo) Warrants/Action Items The board signed a payroll warrant in the amount of $887,624.02; an accounts payable warrant in the amount of $426,498.57, and a payroll deductions warrant in the amount of $246,980.68. Mr. Nuzzolo requested adding a page to the website so residents are aware of the food pantry. Discussion ensued about a glitch on the website when using IPads. Mr. Jeffreys requested the board be copied on any legal letters or demand letters going out from departments or boards, so they could be aware of such situations. Mr. Alonzo requested a crosswalk be installed along the Whalom Road rotary preferably on the town beach side near the fence. There is no indication for a pedestrian to figure out where to cross. Mr. Nuzzolo building on that request, suggested a sidewalk from the intersection of Route 13 down to the rotary. Committee Reports Ms. Emkey reported the School Committee met and are drafting their goals for this year and they are also planning on submitting a warrant article for the special town meeting. The article addresses the change in scope for the climate control system for the primary school, going from AC to mini-split systems. There was discussion about Turkey Hill Elementary School. They meet again tomorrow. Mr. Alonzo reported the Capital Planning Committee met last Wednesday. He was elected Chair and Peter Beardmore was elected Vice Chair. Chris Menard is the Clerk. There was a lot of good discussion; we talked about the process and some potential policy/procedural changes. One of them being that we would extend our season beyond our ranking of requests from the departments of the projects. Once that and our ranking of requests was done in the spring we would continue and try to build a three to five year plan that we could use as the starting point for the next year. Mr. Nuzzolo reported the Planning Board reached out to him and requested an update on why we haven't selected someone to represent the Select Board on the Master Planning Steering Committee. They did note there is no level of experience requirement for the committee. Mr. Franco reported the 300" Anniversary Committee was seeking a liaison from the Select Board to that committee so we may need to discuss this at a future meeting. ===PAGE 12=== Mr. Alonzo congratulated P J Keating on their 100" anniversary of their doing business in Lunenburg. They have been a good partner in town and he wished them another successful 100 years going forward. Motion: L. Franco To adjourn the meeting The meeting adjourned at 10:00 p.m. Respectfully submitted, Clainem Peterson Elaine M. Peterson Executive Assistant to the Town Manager 2'': C. Nuzzolo Vote: All in Favor ======================================================================================== DOCUMENT : 2023-09-12-agenda-320.txt BOARD : select-board DATE : 2023-09-12 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2023-09-12-agenda-320.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09122023-320 ======================================================================================== ===PAGE 1=== SELECT BOARD Tuesday, September 12, 2023 7:00 PM REVISED 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. This meeting will be held in-person at the location provided on this notice. Members of the public are welcome to attend this in-person meeting. Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the public, the meeting will not be suspended or terminated if technological problems interrupt the virtual broadcast, unless otherwise required by law. Members of the public with particular interest in any specific item on this agenda should make plans for in-person vs. virtual attendance accordingly. 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 after 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 Joint Meeting with the Cemetery Commission: ARPA Request 7:30 PM Flat Hill Road Drainage Discussion; meet with the Village at Flat Hill Trustees V. INTERVIEWS/APPOINTMENTS/REAPPOINTMENTS/RESIGNATIONS VI. TOWN MANAGER REPORT VII. OLD BUSINESS 1. Review November 14th Special Town Meeting Warrant Articles VIII. CURRENT BUSINESS 1. Vote to Authorize Town Counsel to respond to 15 Cliffview Terrace Appeal to Worcester Superior Court 2. Sign Temporary/Permanent Easement for 895 Flat Hill Road 3. Discuss/Review Dog Hearing Bylaw, Section 110-1 4. Discuss Site Visit schedule for property under the care and custody of the Select Board 5. Approval of June 20, 2023 Minutes ===PAGE 2=== 6. Warrants/Action Items 7. Committee Reports IX. UPCOMING MEETING/EVENTS SCHEDULE September 19th, October 3rd, October 10th, October 17th, October 24th September 13th Discovery Center for Civic Engagement Volunteer Fair, 4-7 PM Lunenburg Adult Activity Center, 25 Memorial Drive October 11th Ribbon Cutting for new ADA Patio, 12 PM, Lunenburg Adult Activity Center, 25 Memorial Drive X. PUBLIC COMMENT*** • TOWN MANAGER • PUBLIC • 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.